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

 

 

5th August, 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, 12TH AUGUST, 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, 8TH JULY, 2003.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                      

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 57/2003 - SUPPLEMENTARY REPORT FOR 11 TOWER ST CLOVELLY.  (DEFERRED.)

2

 

5.2                      

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 58/2003 - 8 - 12 ASCOT STREET, KENSINGTON.

66

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 12 KEITH ST, CLOVELLY.

178

 

5.4                      

DEVELOPMENT APPLICATION REPORT - 196-204 MAROUBRA ROAD, MAROUBRA.

188

 

5.5                        

DEVELOPMENT APPLICATION REPORT - 33 OBERON STREET, RANDWICK.

202

 

5.6                        

DEVELOPMENT APPLICATION REPORT - 60 MITCHELL STREET, CHIFLEY.

233

 

5.7                      

DEVELOPMENT APPLICATION REPORT 68-76 WENTWORTH STREET, RANDWICK.

268

 

5.8                      

DEVELOPMENT APPLICATION REPORT 31 FISCHER STREET, KINGSFORD.

361

 

5.9                      

DEVELOPMENT APPLICATION REPORT - 14 BYNG STREET, MAROUBRA.

404

 

 

6           Miscellaneous

 

6.1                        

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 60/2003 - 379 - 401 CLOVELLY ROAD, CLOVELLY - CLOVELLY HOTEL EXTENSION OF SUNDAY TRADING HOURS - LICENSING COURT PROCEEDINGS NO. 218797.00

431

6.2

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 59/2003 – 15 BUMBORAH POINT ROAD, MATRAVILLE.  (To be circularised prior to the Meeting.)

 

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

 

 

……………………………

GENERAL MANAGER


 

Acting Director Planning & Community Development's Report 57/2003

 

 

SUBJECT:

Supplementary report for 11 Tower St Clovelly

 

 

DATE:

29 July, 2003

FILE NO:

D0118/2003

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

INTRODUCTION:

 

At the Ordinary Council meeting held on 22 July, 2003 it was resolved:

 

that this application be deferred to the next Health, Building & Planning Committee Meeting so that those Councillors who wish to realign the front setback of the proposed development can consult with the Acting Director Planning & Community Development so that certainty is obtained as to the exact nature of the proposed recommended amendments and the Director prepare a supplementary report on the assessment of the aesthetics of the building and the streetscape impact of the proposed Councillor amendments.

 

ISSUES:

 

Amendment requiring further setback of the front building alignment

 

At the Council meeting of the 22 July 2003 a motion was put forward requiring a condition to be imposed that would increase the front building alignment to line up with the portico wall on the existing building line to preserve the view corridor for the residents in Tower St and the local community. The terms of the proposed amendment to the development would allow for the building to be pushed back beyond its proposed rear setback. However, if it was Council’s intention to increase the Tower Street setback and retain the proposed rear setback, then the internal layout of the proposed building will need to be re-configured, as the proposed amendment would necessitate the deletion of the 1st floor ensuite and a reduction in the dimensions of the ground floor study and first floor guest room. Further, if it is also Council’s intention to re-distribute the loss of floor space resulting from the proposed amendments to another area of the site, then it is necessary for amended plans to be submitted so that any impact from the imposition of such an amendment would need to be considered and assessed in relation to the impact on adjoining properties. The applicant has lodge an appeal with the Land and Environment Court and has indicated to Council officers that amended plans will not be submitted to amend the front building alignment and as such, it is not possible to provide advice to Council of the streetscape implications and aesthetics of any changes to the building’s design intended by Council’s proposed amendments.

 

CONCLUSION:

 

The terms of the proposed amendment to the development requiring the front setback to be increased lacks finality and certainty and may result in the development being significantly different to that for which approval is sought. As such, the application is referred back to Council with the original recommendation.

 

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 118/03 for demolition of the existing dwelling house and erection new part two part three storey dwelling house including double garage, children’s play pool, lap pool, storeroom and gymnasium at 11 Tower Street Coogee subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered 02120 DA00b,01c, 02b, 03c, 04b, 05B, 06b, 07b & DAL/01a dated May 2003 and received by Council on 26 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 & Environment, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to commencement of any building works.

 

3.         The proposed front fence shall have a maximum height of 1200mm to reduce the impact of the tall structure on the streetscape. Amended fence details shall be submitted as part of the application for construction certificate.

 

4.         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, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon:

 

a) all of the premises adjoining the subject site.

 

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

 

5.         The landscaping along the rear of the site towards the south-eastern corner shall have a maximum height of 1m to ensure views for neighbouring properties are not impacted upon. Details of the plantings to be provided shall be submitted as part of the application for a construction certificate.

 

6.         The proposed upper level rumpus room shall be deleted from the plans thereby lowering the overall height of the building to RL35.15. Details to be submitted with the Construction Certificate Application. Necessary internal arrangement to  delete the access stairs shall also be required.

 

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

 

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

 

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

 

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

 

11.       Where access is required to adjoining premises for construction purposes, the written consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

12.       Each dwelling must have a waste storage cupboard in the kitchen sufficient to allow separation of garbage, recyclable and compostable materials

 

13.       Hot water pipes must be insulated in order to minimise heat loss.

 

14.       Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the 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.

 

15.       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.

 

16.       Landscaped areas must include an area dedicated to on - site composting.

 

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

 

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

 

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

 

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

 

19.       External paths and ground surfaces are to be graded and drained away from the building and adjoining premises in such a manner so as not to result in the entry of water into a building, or cause a nuisance or damage to the adjoining premises.

 

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

 

20.       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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26.       The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority), to monitor compliance with the relevant standards of construction and Council’s development consent.

 

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

 

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

 

Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s consent:

 

·          Sediment control measures.

·          Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

·          Maintenance of the public place free from unauthorised materials, sand, soil, debris, waste containers or other obstructions.

 

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

 

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

 

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

 

29.       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:

 

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

 

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

 

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

 

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

 

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

 

32.       Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

33.       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.

 

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

 

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

 

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

 

36.       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”.

 

37.       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.

 

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

 

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

 

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

 

39.       Stockpiles of soil, sand, aggregate or other materials must not be located on any drainage line, natural watercourse, footpath, roadway or any public place and the stockpiles must be protected with adequate sediment control measures.

 

Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

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

 

41.       A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

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

 

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

 

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

 

45.       During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

46.       Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

 

·          Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·          Covering of stock piles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·          Installation of a water sprinkling system or provision hoses or the like.

·          Regular watering-down of all loose materials and stock piles of sand, soil and excavated material.

·          Minimisation/relocation of stock piles of materials, to minimise potential for disturbance by prevailing winds.

·          Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

49.       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:

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

·          Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

All site works shall comply with the occupational health and safety requirements of the NSW WorkCover Authority.  In this regard all contractors and employees shall adopt work practices in accordance with the requirements of WorkSafe’s Control of Inorganic Lead at Work (NOHSC:102(1994) and NOHSC:2015(1994).

 

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

 

53.       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.

 

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

 

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

 

55.       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:

 

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

 

a)         Reconstruct concrete vehicular crossing and layback at kerb to suit the new vehicular entrance to the site.

 

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

 

57.       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.

 

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

 

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

 

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

 

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

 

61.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $215.00 calculated at $17.60 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

62.       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.

 

63.       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.

 

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

 

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

 

65.       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.

 

Tree Management

 

66.       Approval is granted for the removal of the following trees subject to the planting of 3 x 75 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a)         Two (2) Pheonix canariensis (Canary Island Palm) located towards the front of the site.  

 

b)         One (1) Ficus elastica (Rubber Tree) located towards the northern boundary of the site.

 

c)         One (1) Banksia integrifolia (Coast Banksia) located towards the northern boundary of the site.

 

d)         Two (2) Arecastrum romanzoffianum (Cocos Palm) located towards the rear of the site.

 

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

 

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

 

The 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.

 

Bushland Conditions

 

69.       The following conditions are applied to provide adequate provisions for the protection of Gordons Bay Reserve and bushland:

 

70.       The Applicant shall provide a written report of any breaches of the Bushland Conditions to Council’s Bushland Management Technician by the next business day after any breach has occurred. The report shall be signed and dated and information in the report shall include, but not necessarily limited to:

·          The date of the breach;

·          The nature, extent and degree of the breach;

·          The cause of the breach;

·          All persons involved in the breach, including: full first and last names; contact number/s; organisation/s and reason/s for being present;

·          All witnesses to the breach, including: full first and last names; contact number/s and organisation/s; and

·          All plant, equipment, machinery, vehicles, substances, etc. involved in the breach.

·          If Council becomes aware of a breach of the Bushland Conditions for which such a report has not been provided to Council, then Council may request such a report, which shall then be provided to Council within 24 hours.

 

71.       All personnel employed in relation to the development shall receive a site induction prior to their commencement of work, which shall include:

·          that no disturbance to, or removal of, vegetation or soils shall occur within Gordons Bay Reserve, except in accordance with these conditions;

·          that no temporary or permanent placement or storage of any items of plant, materials, tools, equipment, vehicles, etc. shall occur within Gordons Bay Reserve;

·          that access to Gordons Bay Reserve shall be restricted to pedestrian traffic only and, in any case, shall be minimised;

·          that no foreign matter, including, but not limited to: water, cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of in, or placed in, or where they may enter, Gordons Bay Reserve;

·          that contravention of any of the above shall be reported immediately to the Applicant’s Project Manager by all persons involved in and witnessing such a contravention.

 

72.       All personnel who have completed this induction shall sign an Induction Register stating that they have completed the induction and that this included all the above information. The Induction Register shall be available for inspection and reproduction at all times by Council.

 

73.       No disturbance to, or removal of, any vegetation or soils shall occur within Gordons Bay Reserve as a result of the proposed development. The only exceptions to this shall be:

·          installation of protection fencing, as identified elsewhere in these conditions;

·          landscaping a two metre wide strip within Gordons Bay Reserve, along the southern side of the proposed development, as identified elsewhere in these conditions.

 

In all instances where disturbance to, or removal of, vegetation or soils has occurred within Gordons Bay Reserve, all affected areas shall be immediately repaired to their state prior to commencement of development, as far as possible.

 

74.       Pedestrian traffic to Gordons Bay Reserve relating to the proposed development shall be minimised.

 

75.       No foreign matter, including, but not limited to: cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of in, or placed in, or where they may enter, Gordons Bay Reserve. In all instances where such substances have been disposed of in, have been placed in, or have entered, Gordons Bay Reserve, all affected areas shall be immediately repaired to their state prior to commencement of development, as far as possible.

 

76.       No temporary or permanent placement or storage of any items of plant, materials, tools, equipment, vehicles, etc. shall occur within Gordons Bay Reserve in relation to the proposed development. The only exceptions to this shall be in relation to:

·          installation of protection fencing, as identified elsewhere in these conditions;

·          landscaping a two metre wide strip within Gordons Bay Reserve, along the southern side of the proposed development, as identified elsewhere in these conditions.

 

77.       In all instances where items have been placed or stored within Gordons Bay Reserve, all affected areas shall be immediately repaired to their state prior to commencement of development, as far as possible.

 

78.       A continuous, temporary 1800mm high cyclone wire protection fence shall be installed within Gordons Bay Reserve, within two metres of the entire southern boundary 11 Tower St. The eastern end of this fence shall extend to within one metre from the public footpath on the western side of Tower St. The western end of this fence shall turn to join the boundary of 11 Tower St and 28A Battery St.

 

79.       Silt fencing shall be attached along the full length of the protection  fencing and shall be maintained so as to ensure that no foreign matter, including: sediment, concrete, fill, soils, mulch, etc. passes the protection fence at any time. Silt fencing shall be attached within 24 hours of any given section of the protection fence being installed.

 

80.       Council approved warning signs shall be permanently attached (and immediately repaired and replaced as necessary) to the protection fence at a maximum of 20 metre intervals. A final prototype of the warning sign to be used shall be provided to Council’s Bushland Management Technician for approval and shall be altered as required by the Bushland Management Technician. Warning signs shall be attached within 24 hours of any given section of the protection fence being installed. Warning signs shall include at least all the following information:

·          the presence of bushland in the Reserve;

·          that no disturbance to, or removal of, vegetation or soils shall occur within Gordons Bay Reserve;

·          that no temporary or permanent placement or storage of any items of plant, materials, tools, equipment, vehicles, etc. shall occur within Gordons Bay Reserve;

·          that no foreign matter, including water, cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of or placed in or where they may enter Gordons Bay Reserve;

·          relevant contact numbers, including the Applicant’s Project Manager and Council’s Bushland Management Technician (Tel:9399-0683);

·          that contravention of any of the above shall be reported immediately to the Applicant’s Project Manager or Council’s Bushland Management Technician.

 

81.       Council’s Bushland Management Technician shall inspect and, when satisfied, provide written confirmation that the protection fencing, silt fencing and warning signs have been appropriately installed, prior to commencement of any demolition, construction or earthworks.

 

82.       No water, including, but not limited to: run-off, stormwater, pool water, sprinklers, etc., shall be piped into, directed into, or otherwise allowed to enter Gordons Bay Reserve via the southern boundary of 11 Tower St, as may occur due to the proposed development. All hard surfaces adjacent to Gordons Bay Reserve shall be designed to fall away from the Reserve, i.e. back into 11 Tower St.

 

83.       Water in the existing in-ground pool shall not be disposed of into, or allowed to enter, Gordons Bay Reserve.

 

84.       Measures shall be undertaken to ensure that no stormwater or pool water is capable of entering Gordons Bay Reserve from 11 Tower St, via existing pipes at any time in the future. The Applicant shall submit to Council details of any methods to be employed to undertake such measures, which are to be acceptable to Council, prior to a construction certificate being issued for this application.

 

85.       No gates or other access points shall be incorporated into the southern boundary protection fence or permanent fence/balustrade of 11 Tower St.

 

86.       No weed control, planting or mulching shall occur in Gordons Bay Reserve in relation to the proposed development. The only exception to this shall be that, on completion of all construction works, the area from the protection fence to the southern boundary of 11 Tower St shall be made good and Stenotaphrum sp. (Buffalo Grass) turf shall be installed, where required, in order to re-instate a complete cover of such turf within this area.

 

87.       No species, which may spread from where they are planted into the local environment at any time in the future, shall be used in landscaping. This includes: Cupaniopsis anacardioides and Japanese Maple, as is proposed in the development application. Turf species shall be restricted to Stenotaphrum spp. (Buffalo Grass).

 

88.       No species, which have been recorded as naturally occurring at Gordons Bay Reserve, shall be used in landscape planting. This includes: Viola hederacea, Westringia sp., Lomandra longifolia, Hibbertia scandens and Banksia integrifolia, as is proposed in the development application.

 

89.       A refundable deposit, in the form of cash or cheque, for the amount of $7,000.00, shall be lodged with Council prior to issuing of a construction certificate for this application. The refundable deposit is placed as security to ensure that, subject to the works required and/or authorised by this development consent, no detrimental environmental effect occurs within Gordons Bay Reserve. The refundable deposit will be released at the time of completion of all works, providing that no detrimental environmental effect has occurred within Gordon’s Bay Reserve throughout the construction works. Any contravention of Council's conditions relating to bushland and/or Gordon’s Bay Reserve at any time during the development may result in the Council claiming all or part of the lodged security to the extent necessary to enable Council to carry out necessary repair or ameliorative works within Gordon’s Bay Reserve.

 

ATTACHMENT/S:

 

1.  Director Planning & Community Development's Report dated 14 July 2003

2.  Development Application Report dated 8 July 2003

3.  A4 reduced plans

4. CONFIDENTIAL Legal Advice (Under Separate Cover) 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER


 

Acting Director Planning & Community Development's Report 53/2003

 

 

SUBJECT:

11 Tower Street, Coogee

 

 

DATE:

15 July, 2003

FILE NO:

D/0118/03

 

 

REPORT BY:            ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT   

 

INTRODUCTION:

 

Attached is the Development Assessment Report for Development Application 118/2003 of 11 Tower Street, Coogee for demolition of the existing dwelling house and erection of a new part two, part three storey dwelling house incorporating two swimming pools, a gymnasium and a double garage to the front of the dwelling for Councils consideration and determination.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

1. Development Application Report dated 8 July 2003.

2. A4 reduced plans.  

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

8 July, 2003

FILE NO:

D/0118/2003

 

PROPOSAL:

To demolish the existing dwelling house and erect new part two, part three storey house including double garage, children’s play pool, lap pool, storeroom and gymnasium.

PROPERTY:

 11 Tower Street, Coogee.

WARD:

 North Ward

APPLICANT:

 Jacki Goodridge.

 

 

 

 

 

 

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 July Greenwood, Dominic Sullivan and Paul Tracey The estimated cost of the development is $1.1 million

 

The main issues of the application are view loss, exceedance of the preferred solutions of Development Control Plan Dwelling Houses and Attached Dual Occupancies (DCP) for floor space, external wall height and ground floor and front building alignment setbacks. The main concerns raised by objectors relate to bulk and scale, overshadowing of the public domain, setbacks and view loss. Amended plans were lodged to address the majority of concerns raised by objectors and some of the non-compliances with preferred solutions. It is considered that on balance the application as amended resolves many of the original issues of the objector’s and achieves the performance requirements of the DCP.

 

The application is recommended for approval subject to conditions.

 

2.         THE PROPOSAL

 

The proposal is for demolition of the existing dwelling house and erection of a new part two, part three storey dwelling house incorporating two swimming pools, a gymnasium and a double garage to the front of the dwelling. The proposed dwelling has living rooms to the ground floor and a study. On the first floor, bedrooms, a guest room and the gymnasium are proposed. At the third storey a rumpus room is proposed. The total floor area of the dwelling is 289sqm.

 

The dwelling is contemporary in architectural style incorporating extensive wall modulation and a well articulated façade to the street and to the southern elevation, which overlooks Gordon’s Bay.

 

A swimming pool is proposed to be located to the northern boundary and the children’s play room to the south-western corner of the site.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Tower St and on the northern side of Gordon’s Bay. The site has a total area of 495.5sqm. The site is occupied currently by a detached dwelling house of a mock Spanish mission architectural style that was approved in 1974.

 

View of property from corner of Tower St and Cliffbrook Pde. Height poles depicted show originally submitted proposal.

 

 

View from Tower St of No. 11 Tower St including parking structure located on the building alignment for No. 9 Tower St.

 

 

The streetscape of Tower St is varied with examples of older style detached dwellings and semi-detached dwelling houses. Many of these properties have been the subject of alterations and additions. There are a number of examples of parking structures forward of the dominant building line.

 

The subject site is visually prominent being located on the cliff top of the northern side of Gordon’s Bay. The property enjoys extensive views to the south and east over the ocean.

 

The surrounding properties of Gordon’s Bay are larger scaled developments often incorporating several storeys. Whilst many of these sites differ in character and have greater site areas than the subject site they are visually correlated to this site, such that the greater Gordon’s Bay setting also needs to be considered in the urban design assessment.

 

4.         SITE HISTORY

 

a.   APPLICATION HISTORY

 

The application was lodged with Council on the 21 February 2003. 16 objections and a petition of 75 signatures were received during the notification period. As a result of this level of objection a meeting was held between Council officers and the architect to discuss the issues of concern raised. The applicant agreed to erect height poles to determine the extent of impact from the proposed building envelope and view the impact from primary affected properties.

 

The height poles were erected on the 6th May and in total 8 properties were visited.

 

As a result of the view, the architect prepared amended plans to address the issues of concern including increasing side setbacks, reducing usable floor area, maintaining the footprint of the existing dwelling to the rear to reduce view loss, setback of the partial third storey from the front elevation to reduce view loss for first floor additions to properties on Tower St, and additional privacy treatment from deck areas to reduce amenity impacts to neighbouring properties.

 

These amended plans were renotified to all the originally notified properties.

 

5.         COMMUNITY CONSULTATION:

 

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

 

5.1       Submissions

 

a.   Objections to original notification

 

17 individual letters of objection and one petition were submitted.

 

Petition of 75 signatures on the grounds that the development is:

                                                             

·    Out of character with the established streetscape, being excessive in height at 3 storeys.

·    Non-compliance with Council’s DCP.

·    Loss of amenity including view loss and misrepresented details of the proposal.

                              

These points will be addressed as part of the summary of objector’s concerns later in this section of the report. In addition to the petition individual submissions were received.

 

Summary of issues raised as part of the original submissions:

 

·    Non-compliance with Council’s preferred solutions.

·    The development is unreasonably bulky out of scale with the surrounding streetscape.

·    Loss of views as a result of the new dwelling house

·    Use of the dwelling for likely business purposes

·    Loss of amenity to neighbouring properties in terms of overlooking and increased parking

·    Inaccurate plans

·    Water management concerns

·    No consideration for the sensitivity of the locality

·    Impact to neighbours during construction

 

Many of these points of concern were repeated as part of the submissions on the notification of the amended plans.

 

b. Objections to amended plans

 

The second notification resulted in 15 individual letter of objection and one petition.

 

Many of the individual points of objection raised as part of the letters of submission are repeated, therefore all the issues will be summarised and addressed on a collective basis. The discussion on the submissions will be on the issues raised on the amended plans dated the 26 May 2003.

 

After the end of the second notification period two more petitions were lodged one of 38 signatures reiterating concerns for the proposed front setback to Tower St, variation to external wall height, public safety from the stairs to the coastal walkway and drainage impacts from the swimming pool.

 

The second petition received outside of the notification period comprised of 285 signatures. This petition was collected from the coastal walkway and accordingly contained a significant number of signatures outside of the immediate locality and outside of Randwick Council area. The covering concerns of the petition related to the variation to height and bulk and safety from the public stairs.

 

The points raised in these petitions are outlined in the discussion below.

 

The names and addresses of each of the objectors who provided individual submissions (from both notification periods) and issues raised are detailed below:

 

LC Hunt

9 Tower St

 

P & L Masterton

28 Battery St

 

P & S Verran

1 Melrose Parade

 

J Young & C Downs

5 Tower St

 

A Smith

7 Tower St (since sold property)

 

D Llewelyn

2 Cliffbrook Parade

 

J Demetrious Consultant

46 St Pauls Street, Randwick

 

S & R Stonier

24 Battery St

 

A Melick

28A Battery St

 

B & A Marsh

2/4 Cliffbrook Parade

 

R Levy

3 Tower St

 

W Salmon

11 Mundarrah

 

B Heffernan

2-4 Melrose Parade

 

J Temperley

1/4 Cliffbrook Parade

 

B & A Fitzgerald

3 Melrose Parade

 

P & A Hanlon

23 Battery St

 

F Gonzalez

27 Battery St

 

R Halliday

25 Battery St

 

N Watt

1 Tower St

 

·    Concern for reduced front setback to 3.5m out of character with the dominant pattern of front setbacks and resultant amenity impacts.

 

Comment

 

The preferred solution for front setbacks for dwelling houses is an average of the adjoining dwelling houses or 6m. In this instance there is only one adjoining property, which has a zero setback due to a parking structure located on the street alignment. This variation to the otherwise dominant building alignment of the street needs to be taken into consideration when determining an appropriate front setback for the subject site. The architect has cited the design advantages of providing a ‘bookend’ style development to the end of the street addressing the Bay, whereby varying the preferred front setback and external wall height. It is considered that given the unique site being located on two frontages Gordon’s Bay and Tower St the design argument is considered acceptable provided the performance requirements of the control for setbacks are achieved, this will be discussed in further detail under Environmental Assessment section of this report.

 

·    The third floor as it is over the height limit

 

Comment

 

The preferred solution for external wall height is 7m, the proposed external wall height has a maximum measurement of 8.4m. The exceedence with the preferred solution represents a substantial numerical variation that results in excessive scale and additional overshadowing of the adjoining reserve. As such, it is considered that the third storey consisting of the rumpus room should be deleted. This matter is detailed further under Environmental Assessment section of this report.

 

·    Overshadowing of the steps to Gordon’s Bay

 

Comment

 

Shadow diagrams submitted with the application (and amended to show the full extent of the shadows) have been assessed and are discussed in greater detail under Environmental Assessment section of this report. It should be noted that currently the stairs receive a considerable amount of over shadowing on the winter solstice. The deletion of the upper level of the proposed building will result in the building complying with the preferred wall height, thereby minimising the extent of overshadowing.

 

·    View loss as a result of the amendments

 

Comment

 

Height poles were erected to demonstrate the extent of view loss as a result of the new dwelling, based on the extent and quality of view to be lost from adjoining properties amended plans were prepared and submitted varying the footprint of the dwelling house. Several properties to Battery St, Tower St and Melrose Parade raised issue with view loss each of these properties were inspected and the extent of loss and quality of existing view was identified. A detail discussion on the view loss to be anticipated for each of these properties has been provided under Environmental Assessment section of this report.

 

Height poles depicting the envelope of the proposed dwelling were erected to demonstrate likely view loss and based on this inspection it is considered that the amended plans provide a reasonable outcome in terms of view retention.

 

·    Sensitivity of Gordon’s Bay not considered

 

Comment

 

The environmental sensitivity of Gordon’s Bay was considered as part of the referral to Council’s Bushland Officers, these comments are provided under Technical comments section of this report. In terms of urban design and built form the sensitivity or quality of the environment was considered in the site analysis submitted to Council from which the design was prepared. The site falls under Clause 29 Foreshore Scenic Protection Area of RLEP 1998, which requires Council to consider the aesthetic appearance of the proposed building and for a development not to adversely affect the amenity and character of the locality. A discussion on Clause 29 is provided under Environmental Assessment section of this report.

 

·    Concern for water management

 

Comment

 

Council’s Drainage Engineer has assessed the application in terms of stormwater management and has provided relevant conditions of consent. The comments are provided under the “Technical Comment” section of this report.

 

·    Variation to Council’s controls specifically floor space ratio and incorrect calculations

 

Comment

 

Whilst the preferred solution for floor space is varied by this proposal, it is considered that the performance requirements have been achieved for floor area as detailed further under Environmental Assessment section of this report.

 

The FSR of the proposal has been calculated as part of the assessment of this report and is further discussed under the relevant section.

 

·    Shadow diagrams are not accurate

 

Comment

 

The submitted shadow diagrams were accurate from a spot check carried out as part of the assessment however the detail of the diagrams was not considered sufficient in that the extent of the shadow onto Council’s reserve was not detailed. Amended shadow diagrams were submitted to Council and the final assessment for overshadowing impacts was based on these diagrams.

 

·    Design of the dwelling is not sympathetic to the streetscape or locality

 

Comment

 

The locality has a mix of architectural styles and building bulk and scale such that there is not a dominant style or character which would could be integrated into the design of this dwelling house. This dwelling addresses Tower Street and is also part of the highly visible foreshore of Gordon’s Bay. These streetscapes are each different with varying architectural styles, bulk and scale such that the dwelling had to integrate with each of these streetscapes.  The appropriateness of the built form of the dwelling is further discussed under Environmental Assessment section of this report.

 

·    Dwelling is too bulky and out of scale with surrounding development

 

Comment

 

Bulk and scale of the development have been addressed under Environmental Assessment section of this report. The predominant building scale of Tower St is less than that of the proposed dwelling however the dwelling is also part of the locality of Gordon’s Bay where dwellings are of a greater scale. The contrast of these two “streetscape” needs to be considered in the assessment of the application. The impact of the apparent bulk of the dwelling is addressed under Environmental Assessment section of this report.

 

·    The application does not comply with Council’s development standards contained within the DCP

 

Comment

 

Compliance with Council’s development controls is addressed under Policy Controls section of this report.

 

·    The development is not consistent with Clause 29 Foreshore Scenic Protection Area of RLEP 1998

 

Comment

 

Clause 29 of RLEP 1998 is addressed under Randwick Local Environmental Plan section of this report.

 

·    The dwelling will result in loss of privacy

 

Comment

 

Privacy was an issue addressed as part of the amended plans. Overlooking will be addressed under Environmental Assessment section of this report.

 

·    Noise impacts and aural loss of privacy from the swimming pools

 

Comment

 

Aural privacy is addressed under Environmental Assessment section of this report.

 

·    Concern for structural destabilisation to neighbouring properties as a result of the level of excavation

 

Comment

 

A condition of consent will be imposed requiring a dilapidation report to be submitted for adjoining properties due to the extent of excavation proposed as part of this application.

 

·    Errors in the plans

 

Comment

 

The plans submitted have been assessed in relation to the survey and on site inspection, there are no significant variations or errors identified, minor notation errors in relation to the existing building are not considered to have an impact on the accuracy of the plans.

 

1.         Support

 

S & M Patterson

7 Tower St

 

·    The proposal is of a good quality and will improve the streetscape

 

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       Assets and Infrastructure

 

Landscape Comments

 

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

 

1.   Two (2) Pheonix canariensis (Canary Island Palm) located towards the front of the site. These trees are in the order of 5-6 metres in height appear to be in average condition and are covered by Council’s Tree Preservation Order. These trees are likely to cause structural damage to the existing and proposed structures. As such, permission is granted for the removal of these trees subject to two replacements (not palms) located within the site. 

 

2.   One (1) Ficus elastica (Rubber Tree) located towards the northern boundary of the site. This tree is in the order of 6 metres in height appear to be in average condition poor form and is covered by Council’s Tree Preservation order. Permission is granted for the removal of this tree.

 

3.   One (1) Banksia integrifolia (Coast Banksia) located towards the northern boundary of the site. This tree is in the order of 6-8 metres in height appears to be in average 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.

 

4.   Two (2) Arecastrum romanzoffianum (Cocos Palm) located towards the rear of the site. These trees are in the order of 5-6 metres in height appear to be in average condition and are covered by Council’s Tree Preservation Order. Permission is granted for the removal of these trees.

 

Background

 

Bushland is present in the adjacent Gordons Bay Reserve to the south. The Reserve is zoned 6A Open Space and, hence, the bushland is protected by SEPP 19. Council has undertaken many years of bush regeneration work in Gordons Bay Reserve below 11 Tower St.

 

No items of national environmental significance (pursuant to the EPBC Act [Clth]) or nationally rare (ROTAP) species or state listed threatened species, populations, or ecological communities (pursuant to TSC Act [NSW]) have been recorded in Gordons Bay Reserve. No known locally rare species, which are present in Gordons Bay Reserve, would be affected by the proposed development.

 

Issues

 

Gordons Bay Reserve, including the bushland and naturally regenerating areas, is sensitive to disturbances from further uphill. The proposed development poses a number of potential threats to Gordons Bay Reserve, including bushland, due to:

·    Demolition works;

·    construction works;

·    earthworks;

·    access during and after development;

·    placement, storage and disposal of items and substances during development;

·    run-off during and after development (see following);

·    invasion by species proposed in landscaping;

·    deleterious genetic effects on populations of indigenous species by planting non-local provenance plant stock.

The effects may be significant and permanent and may be caused unintentionally. The degree to which most of these potential threats may impact the Reserve is significantly increased due to the position of the proposed development at the top of a steep slope above the bushland.

 

Water currently enters, or may enter, Gordon’s Bay Reserve due to:

·    at least one existing outlet pipe, possibly carrying stormwater or from the existing in-ground pool; emptying of the existing in-ground pool, which is currently near to full;

·    run-off due to proposed levels within 11 Tower St being higher (over a metre in places) than the adjacent Reserve (see Site and Roof Drainage Plan, January 2003).

·    Water entering bushland often leads to increased weed growth to the extent that these out-compete native species and/or significantly increase the cost of weed control. Pool chemicals, such as chlorine, may further greatly increase any negative impact on the environment.

 

The “Landscape Concept” diagram (February 2003) states, “It is recommended that a two metre strip beyond the site boundary to the south is weeded, replanted and mulched in accordance with Council’s bush regeneration requirements for foreshore zones.” Due to the presence nearby of fast-growing, persistent weeds, planting is considered undesirable in the two metre wide strip for at least several years, until these weeds are controlled by Council’s bush regeneration works currently progressing uphill within the Reserve. Any plantings are likely to become infested with weeds if not regularly maintained.

 

Given adequate mitigation measures, including those identified in the conditions below, there is unlikely to be significant disturbance to, or degradation of, Gordon’s Bay Reserve or the bushland present. Without such measures, the proposed development is likely to significantly disturb and degrade the Reserve, including bushland.

 

Council’s engineers have reviewed the stormwater plans and consider that the stormwater from the dwelling could be adequately managed by discharging to the street. This can be achieved through standard conditions of consent

 

SEPP 19 and its applicability will be discussed in further detail later in this report.

 

7.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)  Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes

Yes- minimal amenity impact and sympathetic to the aesthetic appearance of the locality.

 

7.1       Policy Controls

 

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

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements or preferred solutions).

SOLAR ACCESS

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

 

 

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

 

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

 

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

 

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

 

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

 

 

 

 

 

 

 

 

 

 

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

 

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

 

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

Yes 3.5 stars achieved.

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes all adjoining properties are to the north of the subject site.

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

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

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

 

 

 

Yes- as conditioned.

 

 

 

 

 

Yes- as conditioned

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

S1  40% of the total site area is landscaped.

 

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

S6  20% of the site area is permeable.

 

Yes 44% of the site landscaped area

 

Yes greater than 61sqm provided.

 

 

 

Yes

 

 

Yes

 

 

 

Yes 23% provided as soft landscaped area

FLOOR AREA

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

FSR-0.57:1

 

451-600m 0.9-Site Area(m2)

                                1500

 

No, but achieves the performance requirements of the control.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

 

 

P6  Design allows view sharing.

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

 

 

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

 

 

No 8 &.6. However, performance requirements satisfied by deletion of the rumpus room.

 

Yes- on balance when considering all streetscapes.

 

No- However performance requirements achieved. Minimal impact as a result of the cut.

 

 

 

No- Exceeds 12m however performance requirements achieved with no adjoining properties affected.

 

Yes, on balance as discussed under Environmental Assessment Section of this report

 

BUILDING SETBACKS

Front Setback

 

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

Rear Setback

 

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

 

Side Setback

 

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

 

 

Front Setback

 

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

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

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

 

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

 

 

 

Yes – See Section 8.4

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes to the north  with 900mm to ground, and 1500mm to the first floor. No to the south with 700-900mm setback for both storeys however performance requirements satisfied.

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

 

 

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

Yes no direct overlooking.

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

Yes

 

 

 

Yes- height to be reduced to comply through condition.

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·      enable the efficient use of car spaces.

·      safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

 

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

 

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

 

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

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

 

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

 

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

 

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

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes.

 

 

 

 

 

 

No, however performance requirements satisfied where landscaping will soften the driveway structure.

FENCES

P1  Front fences are integrated with streetscape.

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

Yes through conditions of consent.

 

8.         ENVIRONMENTAL ASSESSMENT

 

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

 

The DCP – Dwelling Houses and Attached Dual Occupancies regulates all dwelling house and attached dual occupancy development in the Randwick City area. The DCP contains performance requirements, which are an extension and interpretation of the objectives of the DCP and preferred solutions which are more precise statements of outcome and are generally numerical based. Preferred solutions are not “compulsory standards”, but illustrate how performance requirements may be achieved in the design of development. As numerical standards are often a crude reflection of intent, the DCP adopts a performance approach to design guidance which allows greater flexibility and scope for innovation.

 

8.1       Solar access

 

Shadow diagrams submitted with the application indicate that the shadow cast at the winter solstice will fall away from neighbouring residential properties. The shadows will fall on to Council’s nature reserve and onto the walkway of the coastal walk around the circumference of Gordon’s Bay. At 9am the shadow is comparative to the shadow cast by the existing dwelling house falling on the reserve, walkway and second half of the steps to Gordon’s Bay. At 12noon the shadow cast will again fall on the reserve and on the steps which is consistent with the existing shadow, the additional shadow cast at this point is minimal and not likely to have an adverse impact. At 3pm the shadow falls onto Tower St, the reserve and steps. This is also an increase from the existing shadow cast.

 

It is recognised that the shading is not going to affect neighbouring residential properties and the increase in shade to the reserve is minimal, Council’s Bushland Officer has advised that the extent of overshadowing would not adversely affect vegetation in the reserve. Additional shading to the stairs resulting in slippery steps, a concern raised by the objectors, is not considered to be a significant issue as the increase in shading is minimal and not reasonable grounds for refusal or significant modification to the proposal. Council’s Assets and Infrastructure Department have reviewed the plans and do not raise issue with the additional shading of the steps. Notwithstanding, the proposed deletion of the rumpus room will improve solar access into the reserve and reduces the scale of the building lessening its prominence in a sensitive coastal location.

 

8.2       Floor Area

 

The preferred solution for FSR for the site is 0.57:1. The proposed FSR is 0.65:1, which exceeds the preferred solution, however Council is able to vary the controls if it is satisfied that the performance requirements of the control are satisfied. The performance requirements for floor area are that building bulk must be compatible with surrounding built forms and must minimise adverse effects of bulk on neighbours, streets and public open space. The proposed dwelling is consistent with the context of the surrounding built form of Gordon’s Bay where there is an established pattern of larger dwellings fronting the Bay. The scale of the dwellings to Tower Street is reduced from that of the rest of Gordon’s Bay primarily as these properties are set further back from the Bay and have not maximised their development potential.

 

The dwelling being located on the corner of Cliffbrook Parade and Tower St acts as a development bookend to those two frontages whereby a larger dwelling acts as a defining element as it frames the streetscape. The property is located to the south of adjoining properties therefore the variation to the bulk of the structure from the DCP ‘s preferred solution will not have an adverse impact in terms of overshadowing. Whilst view loss has been identified as an issue with this application the erection of any new dwelling to this site would impact on views currently enjoyed by neighbouring properties based on the location of the site being forward of all other properties and dominating the primary frontage. All efforts to site the dwelling to minimise view loss has been made by the applicant whereby it would be difficult to refuse the application on the grounds of impact to neighbouring dwellings as some degree of view loss is unavoidable with the position of this property in relation to the adjoining properties.

 

Consideration has been given to the impact of the additional bulk of the dwelling to public open space, specifically to the section of coastal walkway to Cliffbrook Parade. There is an identified increase in overshadowing as a result of this variation to bulk however the increase is only minimal from what is currently experienced and unlikely to affect or diminish the quality and resultant enjoyment of this space.

 

However, when considering the variation to the preferred solution for floor area the cumulative impact of the other variations to the controls should be considered. The added impact of the variation to third floor setbacks and external wall height would result in a development that unreasonably exceeds the development controls. Deletion of the third storey rumpus room would reduce these non-compliances to an acceptable level. This deletion would not affect the design or internal amenity of the proposed dwelling and would reduce the floor space ratio down to 0.59:1, which is closer to the preferred solution. This deletion will be recommended as a condition of consent.

 

8.3       Height, Form and Materials

 

The proposed external wall height is a maximum of 8.6m, which exceeds the preferred solution of 7m. As with floor area, the impact of the variation to the height control could be justified as having minimal or not unreasonable impact however as deletion of the rumpus room would resolve the majority of the impacts and would not have a significant impact on the design of the dwelling deletion is considered an acceptable design solution. The external wall height would then be reduced to 6.6m, which achieves the preferred solution. This reduction will also improve visual bulk, simplify the built form and reduce overshadowing to the public domain.

 

8.4       Building Setbacks

 

Side setbacks are varied for the proposed dwelling where articulation has been incorporated into the design. To the northern boundary the side setback for the ground floor is 900mm, which achieves the preferred solution. For the first floor the northern setback is 1500mm for the gym section of this floor. The remainder of this floor is setback 4.3m to 4.9m, which exceeds the preferred solution.

 

To the southern boundary the ground floor setback is 600mm to 900mm, which partially varies the preferred solution of 900mm. This reduced setback is however considered to satisfy the performance requirements of the control where there is no streetscape or neighbouring properties affected by the variation with no amenity impacts. As has been previously discussed the impact to public domain is minimal and not unreasonable subject to the deletion of the third storey of the proposed building. To the first floor the southern setback is 900mm with the variation being for blade walls which are incremental to the design of the dwelling, this variation from the preferred setback of 1500mm is also considered to satisfy the performance requirements as outlined above. As there is no established pattern of side setbacks to Cliffbrook Parade and where there are a number of reduced front setbacks for adjoining properties the variation is considered consistent with the streetscape. With the recommended deletion of the second floor rumpus room the variation to the third floor 3m side setback is avoided.

 

The front setback of existing dwelling at 11 Tower Street varies from the proposed setback is 3500mm from the study and guest rooms and 5520mm to the garage and gym. This provides for articulated and modulated front elevation. The setback to No. 9 Tower St the adjoining property is 0m (varied by a carport structure), which reads as a bulky garage from the streetscape. There are other examples of parking structures varying the dominant front setback, the 6m setback.  Whilst the proposal does not comply with the dominant would then require a front setback of the properties in Tower Street, given the location of this property on the corner of Cliffbrook Parade and Tower Street with the principal orientation to Gordon’s Bay the setbacks and built form of the properties to the Bay and Cliffbrook Parade need to also be considered in the merit assessment of the appropriate location of the dwelling. Having regard to these other frontages the placement of the dwelling forward of the other properties in Tower Street provides a visual transition between all frontages that this corner site addresses. It is therefore considered that with the staggered frontage the new dwelling does not detract from the quality of the streetscape of Tower Street and provides a good built form consistent with other properties in the locality which this dwelling is read as being part of the wider and does not adversely impact on vies this visual catchment. The front setback satisfies the performance requirements of the control on merit the variation is supported.

 

The rear setback of the proposed dwelling matches the existing dwelling’s footprint and achieves the preferred solution of 4.5m.

 

8.5       Visual and acoustic privacy

 

Council officers raised privacy concerns with the applicant and requested some form of privacy treatment in relation to the first floor side deck off the gymnasium to the property of No. 9 Tower Street. The amended plans provided an 1800mm privacy wall and planter boxes to restrict overlooking to the north and to the west. It is considered that this measure satisfactorily addresses this issue.

 

To the northern elevation of the proposed dwelling house there are no windows to habitable rooms that do not have some form of privacy treatment either frosted glass or raised sill height. There are no neighbours to the southern boundary to result in overlooking. To the western elevation a deck is proposed off a bedroom however overlooking is not considered to be an issue as the distance to the adjoining property to the rear is some 13m, and is considered sufficient distance to reduce direct sightlines.

 

Aural privacy was a concern raised by objectors in relation to the lap pool, it is considered that a lap pool is for exercise purposes only and not of sufficient size to allow for recreation uses which would be considered to be of greater impact than exercise usage. Aural privacy from the children’s pool is also considered to not impact neighbouring property owners as it is located to the south western boundary where a dividing wall and planter box will provide an aural barrier from the neighbouring property. A swimming pool is similarly located to the adjoining property such that a similar impact in terms of noise associated with the use will be shared between the properties.

 

8.6       Fences

 

The front fence is proposed to have a height of 1800mm and be of rendered masonry construction. It is considered that the streetscape does not itself to high fences and as such the maximum height of the wall shall be reduced to 1200mm to comply with the DCP and to reduce the impact to the streetscape of a fortress style frontage.

 

8.7       Foreshore Development

 

The site is not identified within the draft coastal maps associated with State Environmental Planning Policy No. 71 as being a sensitive site.

 

The subject site is located within the Foreshore Scenic Protection Area accordingly Clause 29 of the LEP 1998 needs to be considered. The section of Foreshore development contained within the DCP Dwelling Houses and Attached Dual Occupancies needs to also be considered. Council is required to consider the probable aesthetic appearance of a new building in relation to the foreshore. It is this consideration that has prompted the merit assessment of the application in terms of definition of applicable streetscape. The dwelling cannot be viewed as being only part of the Tower Street streetscape, the Gordon’s Bay and Cliffbrook Parade locality must also be considered. The bulk, scale and design of the dwelling is in appropriate when viewed in the context of the greater locality as properties to Gordon’s Bay tend to be larger scale, of a contemporary design and provide dominant built forms in relation to the foreshore. More recently designed and constructed new dwelling houses and alterations and additions to existing dwelling houses can be considered to contribute positively to the scenic quality of this foreshore. This proposed dwelling is of a similar design being read as an extensive dwelling of over two stories and being of a visually compatible bulk and scale and one, which will be complimentary to the scenic quality. The design is well modulated and in proportion to the other properties, the natural environment and the adjoining public domain of the foreshore. The visual quality of Gordon’s Bay will not be adversely affected by the erection of this new dwelling. A condition of consent will be imposed requiring the finishes and materials of the new dwelling house to by sympathetic and in keeping with the character of the foreshore area.

 

8.8       View loss

 

View loss was a primary concern raised by adjoining property owners in relation to the amended plans. The primarily affected properties were visited as part of the erection of height poles marking the envelope of the proposed dwelling. An appreciation of the proposals’ impact was determined at this time.

 

The crucial loss of quality view was from 28 Battery Street where the most significant redesign to preserve this view was required. The amendments to the design were principally to restore their view to the same level of that currently enjoyed with a similar rear alignment to that of the existing dwelling. After re-notification there was still a concern raised specifically in reference to the landscaping along the northern boundary and the location of the southern wall closer to the boundary as these would further affect view loss. The landscaping shall be conditioned to have a maximum height of 1m, as discussed in a meeting with the applicant and owner for the subject site, to ensure there is no further loss of views. The corridor view through the southern setback as outlined by the objector’s consultant is not considered to be crucial view, the view of the headland of the southern end of Gordon’s Bay and the breaking water at this point is preserved. Distant views of blue will also be retained by the deletion of the rumpus room. Adequate efforts to retain views have been made for No. 28 Battery Street.

 

No. 28a Battery Street was also visited however it is considered that views to the east are not of the same quality as the view currently enjoyed to the south which will not be affected.

 

No. 24 Battery Street was visited in terms of view loss, as the rear boundary is to be setback in line with the existing dwelling house view loss is not considered to be significant for this property.

 

3 Melrose Parade raised issue with view loss in terms of loss of a view from a proposed attic window. As the attic is currently not constructed or even has approval, Council is unable to consider such view loss as part of this application. Currently there is no view enjoyed from this property that will be unreasonably diminished by the proposed dwelling.

 

View loss was raised by the adjoining property No. 9 Tower Street as an issue of concern. Photographs and an inspection of the property indicated that the view currently enjoyed was from a carport and a front bedroom which views Gordon’s Bay through the side of the carport. When considering view loss Council must consider the quality of the view and the rooms from which it is enjoyed, a carport and a bedroom viewing through the carport are not considered primary views or intrinsic to the enjoyment of the property. Loss of views to No. 9 Tower Street would not be sufficient grounds to refuse the application and it would be difficult to redesign the dwelling to retain the views and still provide an appropriate built form.

 

Concern was raised by the owners of No. 5 Tower Street in relation to view loss. The primary concern was for loss of view from the front of a recently approved and yet to be constructed first floor addition. Council visited the site and took photos from the approximate location of the first floor to assess the extent of view loss. Photomontages were also submitted by the owners of the property to further detail the loss of views. These photos and inspection clearly indicate that the quality part of the view the breaking water, the Bay meeting the headland and the opening to the Bay and beyond will be preserved. Whilst there would be some loss of views the primary aspect as described above would be retained.

 

Overall, it is considered that the proposal has been designed to minimise view loss and is consistent with the principle of view sharing.

 

 

View of proposal from 9 Tower Street                                  View retained from proposed first floor 5 Tower.

 

 

View being retained by amended rear setback for properties to Battery Street.

 

8.9       State Environmental Planning Policy No. 19- Bushland in Urban Areas (SEPP 19)

 

SEPP 19 relates to all bushland zoned under a Local Environmental Plan as reserved for open space purposes (excluding private recreation). The reserve adjacent to 11 Tower Street is zoned 6A open space accordingly SEPP 19 relates to that site. The SEPP specifies that a consent authority cannot grant approval to works on land adjacent to reserved public open space until the following points have been taken into account:

 

·    The need to retain bushland on the land

·    The effect of the proposal on bushland and in particular on the erosion of soils, siltation of streams and waterways and the spread of weeds and exotic plants within the bushland.

·    Any other matters are relevant to the protection and preservation of bushland

 

Consideration has been given to these above points as part of the referral to Council’s Bushland Officers. The impact of the development was detailed under Technical Officer’s comments. The recommended conditions of consent are considered to adequately mitigate the likely impact of the development on the bushland. The proposed new dwelling house will not have an adverse impact on the quality of this reserve subject to compliance with the conditions of consent included in the recommendation of this report. The aims and objectives of SEPP 19 have been satisfied as part of the assessment of this application.

 

9.         CONCLUSION

 

The proposed dwelling seeks to vary some of the preferred solutions outlined in the DCP Dwelling Houses and Attached Dual Occupancies however when the site is viewed in the greater context of the streetscape including Gordon’s Bay and Cliffbrook Parade the design can be seen to satisfy the performance requirements of the controls of floor area and setbacks. The amended plans have addressed the issues raised by the objector’s as part of the original notification period however it is considered that in deleting the top rumpus room additional concerns could be satisfied and greater compliance with the development controls could be achieved in terms of setbacks, height and floor area without compromising the design of the dwelling or the amenity of the proposed dwelling house. The proposed deletion and imposition of additional conditions of consent are considered to improve the impact of the dwelling without interfering with the design and function of the dwelling. The proposal is recommended for approval subject to conditions of consent.

 

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 118/03 for demolition of the existing dwelling house and erection new part two part three storey dwelling house including double garage, children’s play pool, lap pool, storeroom and gymnasium at 11 Tower Street Coogee subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered 02120 DA00b,01c, 02b, 03c, 04b, 05B, 06b, 07b & DAL/01a dated May 2003 and received by Council on 26 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 & Environment, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to commencement of any building works.

 

3.         The proposed front fence shall have a maximum height of 1200mm to reduce the impact of the tall structure on the streetscape. Amended fence details shall be submitted as part of the application for construction certificate.

 

4.         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, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon:

 

a) all of the premises adjoining the subject site.

 

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

 

5.         The landscaping along the rear of the site towards the south-eastern corner shall have a maximum height of 1m to ensure views for neighbouring properties are not impacted upon. Details of the plantings to be provided shall be submitted as part of the application for a construction certificate.

 

6.         The proposed upper level rumpus room shall be deleted from the plans thereby lowering the overall height of the building to RL35.15. Details to be submitted with the Construction Certificate Application. Necessary internal arrangement to  delete the access stairs shall also be required.

 

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

 

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

 

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

 

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

 

11.       Where access is required to adjoining premises for construction purposes, the written consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

12.       Each dwelling must have a waste storage cupboard in the kitchen sufficient to allow separation of garbage, recyclable and compostable materials

 

13.       Hot water pipes must be insulated in order to minimise heat loss.

 

14.       Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the 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.

 

15.       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.

 

16.       Landscaped areas must include an area dedicated to on - site composting.

 

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

 

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

 

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

 

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

 

19.       External paths and ground surfaces are to be graded and drained away from the building and adjoining premises in such a manner so as not to result in the entry of water into a building, or cause a nuisance or damage to the adjoining premises.

 

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

 

20.       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.

 

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

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26.       The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority), to monitor compliance with the relevant standards of construction and Council’s development consent.

 

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

 

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

 

Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s consent:

 

·          Sediment control measures.

·          Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

·          Maintenance of the public place free from unauthorised materials, sand, soil, debris, waste containers or other obstructions.

 

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

 

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

 

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

 

29.       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:

 

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

 

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

 

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

 

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

 

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

 

32.       Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

33.       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.

 

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

 

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

 

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

 

36.       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”.

 

37.       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.

 

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

 

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

 

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

 

39.       Stockpiles of soil, sand, aggregate or other materials must not be located on any drainage line, natural watercourse, footpath, roadway or any public place and the stockpiles must be protected with adequate sediment control measures.

 

Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

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

 

41.       A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

 

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

 

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

 

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

 

45.       During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

46.       Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

 

·          Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·          Covering of stock piles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·          Installation of a water sprinkling system or provision hoses or the like.

·          Regular watering-down of all loose materials and stock piles of sand, soil and excavated material.

·          Minimisation/relocation of stock piles of materials, to minimise potential for disturbance by prevailing winds.

·          Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

49.       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:

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

·          Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

All site works shall comply with the occupational health and safety requirements of the NSW WorkCover Authority.  In this regard all contractors and employees shall adopt work practices in accordance with the requirements of WorkSafe’s Control of Inorganic Lead at Work (NOHSC:102(1994) and NOHSC:2015(1994).

 

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

 

53.       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.

 

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

 

SECURITY DEPOSIT CONDITIONS

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

 

55.       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.

 

TRAFFIC CONDITIONS/CIVIL WORKS CONDITIONS

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

 

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

 

a)         Reconstruct concrete vehicular crossing and layback at kerb to suit the new vehicular entrance to the site.

 

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

 

57.       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.

 

58.       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.

 

ALIGNMENT LEVEL CONDITIONS

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

 

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

 

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

 

61.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $215.00 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.

 

Service Authority Conditions

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

 

62.       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.

 

63.       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.

 

Landscape Conditions

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

 

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

 

65.       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.

 

Tree Management

 

66.       Approval is granted for the removal of the following trees subject to the planting of 3 x 75 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a)         Two (2) Pheonix canariensis (Canary Island Palm) located towards the front of the site.  

 

b)         One (1) Ficus elastica (Rubber Tree) located towards the northern boundary of the site.

 

c)         One (1) Banksia integrifolia (Coast Banksia) located towards the northern boundary of the site.

 

d)         Two (2) Arecastrum romanzoffianum (Cocos Palm) located towards the rear of the site.

 

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

 

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

 

The 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.

 

Bushland Conditions

 

69.       The following conditions are applied to provide adequate provisions for the protection of Gordons Bay Reserve and bushland:

 

70.       The Applicant shall provide a written report of any breaches of the Bushland Conditions to Council’s Bushland Management Technician by the next business day after any breach has occurred. The report shall be signed and dated and information in the report shall include, but not necessarily limited to:

·          The date of the breach;

·          The nature, extent and degree of the breach;

·          The cause of the breach;

·          All persons involved in the breach, including: full first and last names; contact number/s; organisation/s and reason/s for being present;

·          All witnesses to the breach, including: full first and last names; contact number/s and organisation/s; and

·          All plant, equipment, machinery, vehicles, substances, etc. involved in the breach.

·          If Council becomes aware of a breach of the Bushland Conditions for which such a report has not been provided to Council, then Council may request such a report, which shall then be provided to Council within 24 hours.

 

71.       All personnel employed in relation to the development shall receive a site induction prior to their commencement of work, which shall include:

·          that no disturbance to, or removal of, vegetation or soils shall occur within Gordons Bay Reserve, except in accordance with these conditions;

·          that no temporary or permanent placement or storage of any items of plant, materials, tools, equipment, vehicles, etc. shall occur within Gordons Bay Reserve;

·          that access to Gordons Bay Reserve shall be restricted to pedestrian traffic only and, in any case, shall be minimised;

·          that no foreign matter, including, but not limited to: water, cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of in, or placed in, or where they may enter, Gordons Bay Reserve;

·          that contravention of any of the above shall be reported immediately to the Applicant’s Project Manager by all persons involved in and witnessing such a contravention.

 

72.       All personnel who have completed this induction shall sign an Induction Register stating that they have completed the induction and that this included all the above information. The Induction Register shall be available for inspection and reproduction at all times by Council.

 

73.       No disturbance to, or removal of, any vegetation or soils shall occur within Gordons Bay Reserve as a result of the proposed development. The only exceptions to this shall be:

·          installation of protection fencing, as identified elsewhere in these conditions;

·          landscaping a two metre wide strip within Gordons Bay Reserve, along the southern side of the proposed development, as identified elsewhere in these conditions.

 

In all instances where disturbance to, or removal of, vegetation or soils has occurred within Gordons Bay Reserve, all affected areas shall be immediately repaired to their state prior to commencement of development, as far as possible.

 

74.       Pedestrian traffic to Gordons Bay Reserve relating to the proposed development shall be minimised.

 

75.       No foreign matter, including, but not limited to: cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of in, or placed in, or where they may enter, Gordons Bay Reserve. In all instances where such substances have been disposed of in, have been placed in, or have entered, Gordons Bay Reserve, all affected areas shall be immediately repaired to their state prior to commencement of development, as far as possible.

 

76.       No temporary or permanent placement or storage of any items of plant, materials, tools, equipment, vehicles, etc. shall occur within Gordons Bay Reserve in relation to the proposed development. The only exceptions to this shall be in relation to:

·          installation of protection fencing, as identified elsewhere in these conditions;

·          landscaping a two metre wide strip within Gordons Bay Reserve, along the southern side of the proposed development, as identified elsewhere in these conditions.

 

77.       In all instances where items have been placed or stored within Gordons Bay Reserve, all affected areas shall be immediately repaired to their state prior to commencement of development, as far as possible.

 

78.       A continuous, temporary 1800mm high cyclone wire protection fence shall be installed within Gordons Bay Reserve, within two metres of the entire southern boundary 11 Tower St. The eastern end of this fence shall extend to within one metre from the public footpath on the western side of Tower St. The western end of this fence shall turn to join the boundary of 11 Tower St and 28A Battery St.

 

79.       Silt fencing shall be attached along the full length of the protection  fencing and shall be maintained so as to ensure that no foreign matter, including: sediment, concrete, fill, soils, mulch, etc. passes the protection fence at any time. Silt fencing shall be attached within 24 hours of any given section of the protection fence being installed.

 

80.       Council approved warning signs shall be permanently attached (and immediately repaired and replaced as necessary) to the protection fence at a maximum of 20 metre intervals. A final prototype of the warning sign to be used shall be provided to Council’s Bushland Management Technician for approval and shall be altered as required by the Bushland Management Technician. Warning signs shall be attached within 24 hours of any given section of the protection fence being installed. Warning signs shall include at least all the following information:

·          the presence of bushland in the Reserve;

·          that no disturbance to, or removal of, vegetation or soils shall occur within Gordons Bay Reserve;

·          that no temporary or permanent placement or storage of any items of plant, materials, tools, equipment, vehicles, etc. shall occur within Gordons Bay Reserve;

·          that no foreign matter, including water, cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of or placed in or where they may enter Gordons Bay Reserve;

·          relevant contact numbers, including the Applicant’s Project Manager and Council’s Bushland Management Technician (Tel:9399-0683);

·          that contravention of any of the above shall be reported immediately to the Applicant’s Project Manager or Council’s Bushland Management Technician.

 

81.       Council’s Bushland Management Technician shall inspect and, when satisfied, provide written confirmation that the protection fencing, silt fencing and warning signs have been appropriately installed, prior to commencement of any demolition, construction or earthworks.

 

82.       No water, including, but not limited to: run-off, stormwater, pool water, sprinklers, etc., shall be piped into, directed into, or otherwise allowed to enter Gordons Bay Reserve via the southern boundary of 11 Tower St, as may occur due to the proposed development. All hard surfaces adjacent to Gordons Bay Reserve shall be designed to fall away from the Reserve, i.e. back into 11 Tower St.

 

83.       Water in the existing in-ground pool shall not be disposed of into, or allowed to enter, Gordons Bay Reserve.

 

84.       Measures shall be undertaken to ensure that no stormwater or pool water is capable of entering Gordons Bay Reserve from 11 Tower St, via existing pipes at any time in the future. The Applicant shall submit to Council details of any methods to be employed to undertake such measures, which are to be acceptable to Council, prior to a construction certificate being issued for this application.

 

85.       No gates or other access points shall be incorporated into the southern boundary protection fence or permanent fence/balustrade of 11 Tower St.

 

86.       No weed control, planting or mulching shall occur in Gordons Bay Reserve in relation to the proposed development. The only exception to this shall be that, on completion of all construction works, the area from the protection fence to the southern boundary of 11 Tower St shall be made good and Stenotaphrum sp. (Buffalo Grass) turf shall be installed, where required, in order to re-instate a complete cover of such turf within this area.

 

87.       No species, which may spread from where they are planted into the local environment at any time in the future, shall be used in landscaping. This includes: Cupaniopsis anacardioides and Japanese Maple, as is proposed in the development application. Turf species shall be restricted to Stenotaphrum spp. (Buffalo Grass).

 

88.       No species, which have been recorded as naturally occurring at Gordons Bay Reserve, shall be used in landscape planting. This includes: Viola hederacea, Westringia sp., Lomandra longifolia, Hibbertia scandens and Banksia integrifolia, as is proposed in the development application.

 

89.       A refundable deposit, in the form of cash or cheque, for the amount of $7,000.00, shall be lodged with Council prior to issuing of a construction certificate for this application. The refundable deposit is placed as security to ensure that, subject to the works required and/or authorised by this development consent, no detrimental environmental effect occurs within Gordons Bay Reserve. The refundable deposit will be released at the time of completion of all works, providing that no detrimental environmental effect has occurred within Gordon’s Bay Reserve throughout the construction works. Any contravention of Council's conditions relating to bushland and/or Gordon’s Bay Reserve at any time during the development may result in the Council claiming all or part of the lodged security to the extent necessary to enable Council to carry out necessary repair or ameliorative works within Gordon’s Bay Reserve.

 

ATTACHMENT/S:

 

A4 reduced plans

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Acting Director Planning & Community Development's Report 58/2003

 

 

SUBJECT:

8 - 12 Ascot Street, Kensington

 

 

DATE:

31 July, 2003

FILE NO:

D/0955/02

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

INTRODUCTION:

 

Attached is the Director Planning & Community Development's Report No. 18/2003 for Development Application No. 955/02 of 8-12 Ascot Street, Kensington for the demolition of three existing dwellings and construction of a three-storey multi-unit housing development containing 16 x one-bedroom dwellings, 3 x two-bedroom dwellings and 2 x three-bedroom dwellings with associated basement car parking.

 

1.         EXECUTIVE SUMMARY

 

This application was deferred from the Ordinary Council Meeting held on 25 March 2003 to:

 

A)        Allow the applicant to submit fully dimensioned amended plans in accordance with the sketch plans submitted by the applicant’s architect at the Council Meeting of 25th March, 2003 and numbered SK-008 which deletes one unit from the top floor southern elevation and provides for the conversion of six single bedroom units into two bedroom units and, further, that the amended plans clarify compliance with:

a)         storage

b)         landscaping

c)         set back requirements

 

B)         Allow the applicant to submit an adequate hydrological study to establish that the application is not an integrated development; and

 

C)        Allow for the amended plans, in deleting only one unit and reconfiguring, to comply with the floor space ratio”.

 

The application is now resubmitted for Council’s consideration and determination.  The revised proposal significantly amends the original application.  Principal amendments include a reduction in the total number of proposed dwellings, the introduction of a mix of dwelling sizes, greater articulation of the building height and elevations, additional soft landscaping, improvements to the façade arrangement and alterations to the proposed driveway access.

 

In general terms, the revised proposal has overcome the shortcomings of the original application and generally satisfies the design quality requirements of SEPP 65 and Council’s DCP – Multi-Unit Housing.  Several requirements to modify detailed aspects of the proposed design are described in the body of this report.  It is considered that these matters may successfully be dealt with through appropriate conditions.

 

An appeal has been lodged with the Land and Environment Court on the basis of a deemed refusal of the application and the matter has been set down for hearing to commence on 20 August 2003.  This report represents Council’s final opportunity to consider the application prior to the commencement of Land and Environment Court proceedings.  The recommendation is for approval subject to conditions of consent.

 

The application is recommended for approval subject to conditions, including  deferred commencement conditions imposed to ensure appropriate building finishes and materials, ensure an appropriate front fence design, mitigate potential visual privacy impacts, optimise opportunities for controlled sunlight access to dwellings and ensure an appropriate bulk and scale for the development.  .

 

2.         THE PROPOSAL

 

The revised proposal comprises a single building ranging between two and four above-ground levels in height and containing 16 x one-bedroom dwellings, 3 x two-bedroom dwellings and 2 x three-bedroom dwellings and 1 x basement level providing car parking for 28 x vehicles.  The revised proposal significantly modifies the original application.  Principal amendments include:

·    a reduction in the total number of proposed dwellings from 24 to 21 x dwellings;

·    introduction of a mix of one-, two- and three-bedroom dwelling sizes;

·    greater articulation in the height and side elevations of the building;

·    additional soft landscaping to demonstrate compliance with Council’s development standard;

·    improvements to the façade arrangement to achieve a better fit within the Ascot Street streetscape, and

·    modifications to the proposed driveway levels, grades and width to satisfy Council’s standards.

 

The revised proposal amends the three-storey height of the original application by reducing the height of the building’s mid-section to two storeys and adding attic roof space at either end of the building.  The additional attic levels are limited in size and provide additional bedroom space to facilitate the provision of two- and three-bedroom dwellings on the upper floors of the building. 

 

The revised proposal generally maintains the pedestrian access arrangements of the original application, with access to the dwellings provided from 2 x ground level entry foyers located on the eastern side of the building.  Lift access to the basement car park is provided to the 8 x dwellings located within the rear section of the building.  Direct street access is provided to the 3 x dwellings fronting Ascot Street at ground level to achieve continuity with the established pattern of building openings along the southern side of Ascot Street.

 

The total number of on-site car parking spaces has been reduced from 30 to 28 x spaces in accordance with Council’s DCP - Parking.  Additional storage areas are provided within the basement car park to satisfy the requirements of the Multi-Unit Housing DCP. 

 

The amendments incorporated into the revised proposal are summarised in the table below:

 

Recommended reason for refusal

Comment

(a)        The proposed development fails to demonstrate design quality in accordance with the requirements of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development.

 

Improvements to façade arrangement, building bulk, articulation of the building form, provision of soft landscaping and dwelling mix are generally sufficient to demonstrate design quality in accordance with SEPP 65.  Refer to Section 8(b).

 

(b)        The proposed development fails to provide a sufficient amount of landscaped area not located above podiums or excavated basement areas in accordance with Clause 31(3) of the Randwick LEP 1998.

 

Revised proposal demonstrates compliance with Clause 31(3).  Refer to Section 9.1.1.

 

(c) The proposed development entails a gross floor area that is in excess of the requirements of Clause 32 of the Randwick LEP 1998 and that is not justified under the terms of State Environmental Planning Policy No. 1 – Development Standards.

 

Proposed floor space generally considered to be satisfactory.  Refer to Section 9.1.2.

 

(d)        The proposed development fails to demonstrate an acceptable level of site analysis in accordance with the Council’s requirements.

 

Revised proposal demonstrates a sufficient greater degree of responsiveness to site opportunities and constraints. 

 

(e) The proposed development has not adequately addressed groundwater and flooding issues, or demonstrated that the proposal does not constitute integrated development.

 

Revised proposal has been advertised as “integrated development” and referred to the Department of Sustainable Resources and Conservation (formerly Department of Land and Water Conservation).  Refer to Section 6.3 – Drainage Issues.

 

(f) The proposed development exhibits a building bulk and scale that is excessive and out of character with the surrounding built form context.

 

Building bulk has been significantly modified to achieve improved scale and compatibility with surrounding development.  Refer to Section 9.5.

 

(g)        The proposed development entails unacceptable levels of overshadowing for neighbouring properties.

 

Refer to Section 9.3.1.

 

(h)        The proposed development does not comply with the objectives or requirements of the Council’s building setback provisions.

 

Side boundary setbacks have been amended to achieve greater articulation and demonstrate compliance with Council’s minimum average setback controls.  Refer to Section 9.2.

 

(i) The proposed development entails unacceptable visual amenity impacts for the streetscape and neighbouring properties.

 

Refer to Sections 9.4 and 9.5.

 

 

(j) The proposal exhibits an unacceptably poor aesthetic quality that is undesirable and inconsistent with the streetscape.

 

Refer to Sections 9.4 and 9.5.

 

 

 

(k)        The proposal fails to provide an appropriate mix of dwelling sizes suitable to the site and its context.

 

The proposed dwelling mix has been revised from the original 24 x one-bedroom dwellings to incorporate 16 x one-bedroom, 3 x two-bedroom and 2 x three-bedroom dwellings.  The proposed dwelling mix is considered to be acceptable.  Refer to Section 9.8.

 

(l) The proposal fails to meet the Council’s minimum requirements for the provision of barrier-free access.

 

Compliance can be required as a condition of consent. 

 

(m)       The proposed development does not provide adequate storage space in accordance with the Council’s requirements.

 

The revised proposal incorporates separate storage areas within the basement car park for 20 x dwellings.  The revised storage areas are considered to be acceptable.

 

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Ascot Street approximately midway between Anzac Parade and Doncaster Avenue.  The site comprises three allotments at No. 8, 10 and 12 Ascot Street located opposite Kokoda Memorial Park.  A full site description is contained in the report to the Ordinary Council Meeting of 25 March 2003.

 

4.         SITE HISTORY

 

a.   APPLICATION HISTORY

 

The application was submitted to Council on 9 October 2002.  Amended plans were submitted to Council on 6 February 2003 to increase the width of the driveway and raise the ground floor level of the building in accordance with the requirements of the Council’s Director of Asset & Infrastructure Services.  The application was deferred from the Ordinary Council Meeting held on 25 March 2003 to:

 

A)    Allow the applicant to submit fully dimensioned amended plans in accordance with the sketch plans submitted by the applicant’s architect at the Council Meeting of 25th March, 2003 and numbered SK-008 which deletes one unit from the top floor southern elevation and provides for the conversion of six single bedroom units into two bedroom units and, further, that the amended plans clarify compliance with:

a)            storage

b)            landscaping

c)            set back requirements

 

B)     Allow the applicant to submit an adequate hydrological study to establish that the application is not an integrated development; and

 

C)  Allow for the amended plans, in deleting only one unit and reconfiguring, to comply with the floor space ratio”.

 

Additional details and amended application drawings were submitted to Council on 11 April 2003, 28 April 2003, 23 June 2003, 10 July 2003 and *** July 2003.  An appeal has been lodged with the Land and Environment Court on the basis of a deemed refusal of the application and the matter has been set down for hearing to commence on 20 August 2003.  The application is now resubmitted for the Council’s consideration and determination. 

 

5.         COMMUNITY CONSULTATION:

 

The revised application has been notified and advertised as “integrated development” in accordance with the Randwick Local Environmental Plan 1998 and the Environmental Planning and Assessment Regulation 2000.  1 x submission was received in response to the revised proposal.  The submission is summarised below:

 

5.1       Objections

 

1.       R. Cresdee

65 Doncaster Avenue

KENSINGTON   2033

 

Concerns:

 

·    Development exceeds Council’s floors space standard.

·    Development does not seem to meet Council’s landscaped area standards.

·    Proposed Colourbond top storey is out of character with the neighbourhood.  With Kokoda Park opposite, the development will be very visible.

 

Response:

 

·         The applicant has submitted an objection to the strict compliance with Council’s floor space standard pursuant to SEPP 1 (refer to Section 9.1.2).

·         The revised proposal satisfies Council’s landscaped area standards (refer to Section 9.1.1).

·         The proposed curved roof arrangement for the attic roof space has been replaced with a skillion roof arrangement more in keeping with the overall building design and the established built form character of the locality (refer to Section 9.4).

 

2 x submissions were received in response to the original application.  The issues raised in these submissions are summarised below:

 

Concerns:

 

·    Development lacks an appropriate mix of dwelling sizes.

·    Development will create additional traffic and parking pressure on surrounding streets.

·    Loss of sunlight to rear yard of properties fronting Bowral Street and Ascot Street.

·    Design is out of character with the area.

·    Development will reduce visual privacy for adjoining properties.

 

Response:

 

·    Revised proposal includes a mix of dwelling sizes (refer to Section 9.8).

·    Proposed on-site car parking is provided in accordance with DCP - Parking (refer to Section 9.7).

·    The proposal will decrease direct sunlight access to adjoining properties  (refer to Section 9.3.1).

·    Revised proposal is considered to suitably reflect the local built form character (refer to Section 9.4).

·    Revised proposal is capable of preserving reasonable levels of visual privacy for adjoining properties (refer to Section 9.3.2).

 

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 Building Code of Australia classifies the proposal as:

-     Class 2 - Residential Units, and

-     Class 7 - Basement Car Park.

 

Relevant conditions of consent are attached to the recommendation to this report.

 

6.2       Landscape Issues

 

Council’s Director of Asset & Infrastructure Services has provided the following advice in relation to landscape:

 

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

 

12 Ascot Street

 

a)   One Olea species (Olive Tree) located along the western property boundary between the existing dwelling and the fence. This tree is approximately 6 metres tall and in reasonable health, however, it is poorly located and also an environmental weed within the City of Randwick. As such permission should be granted for the removal of this tree.

 

b)   One Cinnamomum camphora (Camphor Laurel) located along the western property boundary between the existing dwelling and the fence. This tree is approximately 8 metres tall and in reasonable health, however, it is poorly located and also an environmental weed within the City of Randwick. As such permission should be granted for the removal of this tree.

 

10 Ascot Street

 

a)         One Melia azedarach (White Cedar) located along the eastern property boundary within the rear yard. This tree is approximately 8 metres tall and in average health. Permission should be granted for the removal of this tree, subject to the planting of one replacement tree within the site.

 

b)         One Dead Tree located towards the rear property boundary. This tree is approximately 8 metres tall and permission should be granted for its removal.

 

8 Ascot Street

 

a)         Three Cupressus species (Cypress Pines) located within the rear yard, around the existing pool. These trees are between 8 and 10 metres tall but are poorly located hard up against the existing in ground pool. Two of the trees are shown for retention on the plans but it is considered that the excavation required for the removal of the pool will have an adverse effect upon the health of these trees. Permission should be granted for the removal of these trees, subject to the planting of three large replacement trees within the site.

 

b)         One Arecastrum romanzoffianum (Cocos Palm) located within the rear yard, around the existing pool. This palm is approximately 10 metres tall and in reasonable condition, however, it is not a significant specimen and as such permission should be granted for the removal of this palm.

 

c)         One Howea forsterana (Kentia Palm) located within the rear yard, around the existing pool. This palm is approximately 6 metres tall and in reasonable health however, it is not a significant specimen and as such permission should be granted for the removal of this palm.

 

6.3       Drainage Issues

 

Council’s Director of Asset & Infrastructure Services has provided the following advice in relation to drainage:

 

On site stormwater detention is required for this development.

 

·          Stormwater Inundation Comments

 

The subject development site is located in an area that may be subject to stormwater inundation during major storm events.

 

To minimize the potential for stormwater to enter the subject development, the applicant shall either:

 

1.         Raise the ground floor levels to a minimum RL 27.85 (A.H.D) (i.e. a minimum of 450mm above the back of the footpath along the site frontage) and construct a high point in the driveway (and all other access points to the basement carpark) to at least RL 27.60 (AHD). 

 

OR

 

2.         Undertake a suitable floodstudy to determine accurate 1 in 100 year flood levels for the site and raise the floor level of all habitable and storage areas a minimum of 300mm above these levels and construct a high point in the driveway (and all other access points to the basement carpark) at least 150mm above the flood levels.

 

The amended plans submitted show the habitable floor levels at RL 27.85, as required, and the driveway detail faxed to Council on 10/7/2003 shows a high point at RL 27.6. Given that the applicant has submitted at least 6 different driveway profiles for the subject site in an effort to address Council’s earlier concerns a condition requiring a detailed submission of the proposed driveway profile , (to be approved prior to the issuing of a construction certificate), has been included in this report.

 

6.4       Groundwater Issues

 

Council’s Director of Asset & Infrastructure Services has provided the following advice:

 

In support of this application, (submitted with an earlier proposal), the applicant submitted a Geotechnical and Hydrogeological Investigation report dated 8/4/2003, (prepared by A Zenon of Jeffery and Katauskas Pty Ltd). The following is a summary of the key issues arising from this report as they relate to groundwater:

 

·          Groundwater in Borehole 5 was encountered at a depth of approximately 3.1metres.

 

·          Surface level at Borehole 5 appears to be RL 27.37. Groundwater was therefore encountered at RL 24.27.

 

·          Based on the current plans the basement slab level is RL 25.19 and the estimated base of excavation level is approximately RL 24.69.

 

·          The groundwater level is therefore approximately 400mm below the base of the excavation.

 

Following receipt of the geotechnical/groundwater report contact was made with the engineer responsible for the report (A Zenon of Jeffery and Katauskas Pty Ltd) and he confirmed that the groundwater levels can fluctuate and that at any particular time in the future the level of the groundwater may be such that dewatering of the site for construction purposes may be required.

 

Following receipt of the geotechnical/groundwater report contact was also made with hydrogeologists from the DLWC and they acknowledged/stated that the groundwater level can fluctuate in response to the prevailing climatic and seasonal conditions preceding and at the time of undertaking the excavation works. They also indicated that any required site dewatering would need to be the subject of DLWC approval and a license agreement would be required.

 

The proposed method for constructing the basement carpark walls will need to address concerns about possible future groundwater discharge.

 

The DEPCD referred the current application to the DLWC for comment/recommended conditions. At the initial time of preparing this report the DLWC had not advised Council of their requirements, (Council officers made a number of enquiries/requests regarding the application and the need for DLWC input into any development consent for the site).  On 31/7/2003 a letter was received from DLWC, (copy attached), and conditions have been included in this report aimed at addressing the comments/recommendations of the DLWC.

 

6.5       Traffic/Parking Issues

 

Council’s Director of Asset & Infrastructure Services has provided the following advice:

 

The average traffic generation for the proposed residential development consisting of 21 residential units will be in the range of 84 to 105 vehicle movements per day.

 

The expected peak flow volume of approximately 11 vehicles per hour is considered low and no delays should be experienced in Ascot Street or the surrounding streets as a result of this development.

 

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

 

The internal driveway must be a minimum of 5.0 metres wide for the first 5 metres inside the property and a minimum clear width of 3.0 metres at all other points along the driveway..

 

Parking Comments

 

The parking requirement as per Council’s DCP-Parking is:

    16*1    = 16

    3*1.2 = 3.6

    2*1.5 = 3.0

 

Visitor spaces = 21/4 = 5.25

 

The total number of spaces required is therefore 28 and the applicant has provided a total of 28 spaces, (5 visitor spaces have been provided as required).

 

The carparking layout, (i.e aisle widths and spaces), is in general compliance with Council’s DCP-Parking and the relevant sections of AS 2890.1-1993 however the following end bay spaces and enclosed spaces/spaces adjacent to walls are deficient in width:

 

Carspaces 1, 9, 10 and 16.

 

It is recommended that the DEPCD give consideration to adding the following clause to the end of Condition 10 of this report:

 

The applicant shall note that carspaces 1, 9, 10 and 16 must be a minimum clear width of 3.0 metres wide and that any adjustment to other carspaces required to achieve this widening must be in strict accordance with Figure 2.2 of AS 2890.1 – 1993, (this allows for standard carspaces to be 2.4 metres by 5.4 metres subject to aisle widths being a minimum of 6.2 metres). The walls adjacent to carspace 1 shall be splayed only as required to accommodate the proposed internal driveway, (a standard corner shall be constructed where possible). The applicant shall liaise with Council’s Development Engineer regarding the carpark layout prior to preparation of the construction certificate plans. 

 

6.6       Department of Infrastructure, Planning and Natural Resources

 

Due to potential de-watering requirements, the proposal was referred as “integrated development” to the Department of Infrastructure, Planning and Natural Resources (formerly the Department of Land and Water Conservation).  The Department has provided the following comments:

 

Technical documentation has been reviewed by the Department concerning the abovementioned matter.  A report dated 8th April 2003 was prepared by Jeffery and Katauskas Pty Ltd for Soraya Pty Ltd concerning the geotechnical and groundwater conditions beneath the site.

 

 The technical information presented has enabled the Department to issue General Terms of Approval (GTA) for a temporary water licence for dewatering, all of which must be included as part of any consent given by Council.

 

It is noted that based on the results of the Jeffery and Katauskas investigation, the groundwater level is likely to be 0.55 metres below the base of the excavation. Hence, site dewatering is unlikely to be required to provide a workable base. However, actual depth to groundwater levels should be based on long-term monitoring.

 

Monitoring of groundwater levels is noted in the accompanying report but it is not discussed in any detail.  Monitoring of groundwater levels onsite and will be required to confirm the predictions presented and efficacy of engineering controls.

 

General Terms of Approval have been prepared (in the event that dewatering is necessary) as per the attachment.

 

It is recommended that these comments be considered or incorporated in any determination.

 

The Department’s General terms of Approval are attached as conditions to the recommendation to this report.

 

7.         MASTER PLANNING REQUIREMENTS

 

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

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-     Environmental Planning and Assessment Act 1979 (as amended)

-     State Environmental Planning Policy No.1- Development Standards (SEPP 1)

-     State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development (SEPP 65)

-     Randwick Local Environmental Plan 1998

-     Building Code of Australia

 

(a)  Randwick Local Environmental Plan 1998

 

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

 

Clause

Requirement

Original Application

Revised Application

Compliance

30 – Min. Lot Size

N/A

1,321.2m²

1,321.2m²

N/A

31 - Landscape Area

 

 

 

 

Clause 31(2)

50% of site area (660.6m²)

53% (698.8m²)

53% (695.5m²)

Yes

Clause 31(3)

Maximum 50% (330.3m²) of the landscaped area requirement over podiums or excavated basement areas

52% (342.9m²)

50% (329.5m²)

Yes

32 - FSR

0.9:1 (1,189.1m²)

1.17:1 (1,544.2m²)

1.14:1 (1,509.6m²)*

No (SEPP 1)

33 - Building Height

 

 

 

 

Clause 33(2)

12m building height

10.20m

11.93m

Yes

Clause 33(4)

10m external wall height

 

10.20m

 

11.73m

 

No (SEPP 1)

* Revised Floor Space has been calculated in accordance with the revised definition for gross floor area introduced by Randwick LEP 1998 (Amendment No. 23) gazetted on 9 May 2003.

 

(b)  State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

 

The proposal is defined as “residential flat development” for the purposes of SEPP 65.   Clause 30(2) of SEPP 65 requires the Council to consider: (1) design quality of the development when evaluated in accordance with the design quality principles described in the SEPP, and (2) the publication Better Urban Living:  Guidelines for Urban Housing in NSW (Department of Urban Affairs and Planning and NSW Government Architect).  An evaluation of the proposal in accordance with the design quality principles is included below.

 

Principle 1:       Context

 

Good design responds and contributes to its context.  Context can be defined as the key natural and built features of an area.

 

Responding to context involves identifying the desirable elements of a location’s character or, in the case of precincts undergoing a transition, desired future character as stated in planning and design policies.  New buildings will thereby contribute to the quality and identity of the area.

 

The revised proposal demonstrates a façade configuration and street address that maintain the established pattern of development within Ascot Street and that are consistent with the desired future character of the adjoining Kensington Town Centre precinct.  The proposed building form is suitably articulated to prevent any unreasonable amenity impacts for adjoining properties and is considered to be consistent with the site’s context.

 

Principle 2:       Scale

 

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

 

Establishing an appropriate scale requires a considered response to the scale of existing development.  In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

 

The proposed bulk and scale are generally consistent with the established pattern of development in the locality and the desired future character of the adjoining Kensington Town Centre precinct.  Minor modifications to the rear boundary setbacks for the proposed rear attic level are recommended to ensure an appropriate building scale (refer to Section 9.5 – Building Bulk and Scale).

 

Principle 3:       Built form

 

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

 

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

 

The revised proposal introduces greater articulation to the building height and side elevations.  This has resulted in a distribution of building bulk across the site that is able to effectively preserve reasonable levels of amenity for adjoining residential properties, retain greater consistency with the built form character of the locality and increase the number of dwellings with high quality sunlight access and natural ventilation.  The proposed built form is generally considered to be appropriate.  Minor modifications to the internal layouts of proposed Units No. 8 and No. 16 are recommended (refer to Section 9.3.1 – Overshadowing and Sunlight Access).

 

Principle 4:       Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

 

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density.  Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.

 

The proposed number of dwellings has been reduced from 24 to 21 x dwellings.  The revised proposal also introduces a mix of dwelling sizes considered to be appropriate to the site’s location in proximity to the Kensington Town Centre.  The proposal exceeds Council’s floor space standard, however it is considered to represent an appropriate density of development.  This proposed non-compliance with the floor space standard is addressed in Section 9.1.2 to this report.

 

Principle 5:       Resource, energy and water efficiency

 

Good design makes efficient use of natural resources, energy and water throughout full life cycle, including construction.

 

Sustainability is integral to the design process.  Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

 

The revised proposal significantly improves opportunities to provide high quality sunlight access and natural ventilation to dwellings.  Minor modifications to the internal layouts of proposed Units No. 8 and No. 16 are recommended (refer to Section 9.3.1 – Overshadowing and Sunlight Access).

 

Principle 6:       Landscape

 

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

 

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways.  It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values.  It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

 

The revised proposal satisfies Council’s relevant landscaped area standards.  The proposed building form is sufficiently articulated to enable development to incorporate high quality landscaping and open space at ground level.  The provision of a detailed landscape plan can be required as a condition of consent.

 

Principle 7:       Amenity

 

Good design provides amenity through the physical, spatial and environmental quality of a development.

 

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

 

The revised proposal significantly improves opportunities to provide high quality sunlight access, natural ventilation and outlook to dwellings.  Minor modifications to the internal layouts of proposed Units No. 8 and No. 16 are recommended (refer to Section 9.3.1 – Overshadowing and Sunlight Access).

 

Principle 8:       Safety and security

 

Good design optimises safety and security, both internal to the development and for the public domain.

 

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location, and clear definition between public and private spaces.

 

The proposal provides opportunities for high levels of casual surveillance of Ascot Street and Kokoda Memorial Park.  The proposed access arrangements are considered to be adequately safe and secure.

 

Principle 9:       Social dimensions

 

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

 

New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

 

The revised proposal introduces a mix of one-, two- and three-bedroom dwelling sizes.  The proposed mix is acceptable and suitable for the site’s location in proximity to the Kensington Town Centre.

 

Principle 10:     Aesthetics

 

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.  Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.

 

The revised proposal significantly improves the aesthetic quality of the original application.  Measures include the introduction of greater articulation to the building form and amendments to the façade arrangement to achieve a more coherent and appropriate presentation to the street.  The proposal is considered to demonstrate an acceptable level of aesthetic quality.

 

8.1       Policy Controls

 

a.   Development Control Plan – Multi Unit Housing

 

The provisions of the Multi-Unit Housing DCP relevant to the revised proposal are summarised below.

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 

site planning

P1  All development applications must be accompanied by a Site Analysis Plan which identifies development opportunities and constraints for the site.  The plan is to demonstrate that these factors have been instrumental in shaping the design of the proposed development.

 

P2  Development sites have appropriate areas and dimensions to allow for the satisfactory siting of buildings and ensure adequate separation between buildings.

Building design is related to the size, shape and dimensions of the site.

 

 

 

 

 

 

 

 

 

 

S2  Sites are of a regular shape and have a frontage of at least 20m.

 

Complies

Revised proposal demonstrates an acceptable level of response to site constraints and opportunities, including site dimensions, adjoining building forms, street character and orientation.

 

Complies

Site has a frontage of 30.5m.

 

building height

P1  Heights of walls, their location and orientation do not cause substantial adverse impacts on the streetscape or adjoining properties, particularly in relation to privacy, solar access and building bulk.

 

Complies

Refer to Section 9.1.3.

 

P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on adjoining properties and the streetscape.

 

 

Complies

Revised building design substantially modifies the building bulk.  Refer to Section 9.5.

 

BUILDING SETBACKS

Front  boundary setbacks

P1 The front setback is determined by the existing and desired character of the streetscape.

The setback is to be consistent with the setback of adjoining development or the dominant setback along the street.

 

 

 

 

 

 

Complies

Proposed front setback is compatible with established street pattern.

 

 

 

Side boundary setbacks

P2  Buildings are set back from the side boundary to ensure that:

·    there is adequate separation between buildings to maintain reasonable levels of solar access and minimise overshadowing.

·    reasonable levels of privacy between neighbouring dwellings and their open spaces are provided.

·    opportunities for landscaping and private open space are provided.

·    streetscape amenity is maintained.

 

S2  Zone 2C

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 5 metres from any side boundary.

No part of the building is closer than 3.5 metres from any side boundary. 

The maximum length of any one section of wall (without any articulation) is 10 metres.  The minimum length of any step is 3 metres.

 

 

Eastern side– Ground floor

Does not comply

·    Average setback – 6.4m

·    Minimum setback – 3.7m.

·    Maximum length of unarticulated wall – 13.1m.

 

Eastern side– First floor

Does not comply

·    Average setback – 5.6m

·    Minimum setback – 3.7m.

·    Maximum length of unarticulated wall – 10.7m.

 

Eastern side– Second floor

Does not comply

·    Average setback – 6.2m

·    Minimum setback – 3.7m.

·    Maximum length of unarticulated wall – 10.6m.

 

Eastern side– Third floor

Complies

·    Average setback – 5.8m

·    Minimum setback – 5.4m.

·    Maximum length of unarticulated wall – 6.9m.

 

Western side– Ground floor

Complies

·    Average setback – 5.7m.

·    Minimum setback – 4.1m.

·    Maximum length of unarticulated wall – 8.6m.

Western side– First floor

Does not comply

·    Average setback – 6.0m Minimum setback – 4.1m.

·    Maximum length of unarticulated wall – 10.7m.

Western side– Second floor

Does not comply

·    Average setback – 6.2m Minimum setback – 4.1m.

·    Maximum length of unarticulated wall – 10.7m.

Western side– Third floor

Complies

·    Average setback – 6.3m Minimum setback – 5.9m.

·    Maximum length of unarticulated wall – 6.9m.

 

Rear Boundary Setbacks

P3 Buildings are set back from the rear boundary to ensure that:

·    there is adequate separation between buildings to maintain reasonable levels of solar access and minimise overshadowing.

·    reasonable levels of privacy between neighbouring dwellings and their open spaces are provided.

·    opportunities for landscaping, communal recreation facilities and outdoor clothes drying spaces are provided.

 

Buildings are built across a site rather than down its length.

 

 

S3  Zone 2C

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 8 metres from the rear boundary.

No part of the building is closer than 6 metres from the rear boundary. 

The maximum length of any one section of wall (without any articulation) is 10 metres.  The minimum length of any step is 3 metres.

 

 

Ground floor

Does not comply

·    Average setback  - 8.8m.

·    Minimum setback – 7.7m.

·    Maximum length of unarticulated wall – 18.5m.

 

First  floor
Does not comply

·    Average setback  - 7.4m.

·    Minimum setback – 5.8m.

·    Maximum length of unarticulated wall – 22.4m.

 

Second floor

Does not comply

·    Average setback  - 11.4m.

·    Minimum setback – 10.9m.

·    Maximum length of unarticulated wall – 19.2m.

Third floor

Does not comply

·    Average setback  - 11.4m.

·    Minimum setback – 10.9m.

·    Maximum length of unarticulated wall – 19.2m.

Refer to Section 9.2.

Complies

Proposal substantially revises the building form proposed in the original application.  Refer to Section 9.5.

DENSITY

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

 

Complies

 

 

FENCES

P1   Front fences integrate with the local streetscape, complement the architectural design of the building and fence design features of the locality.

Entrances to the site and buildings are highlighted.

Planting is used to soften impacts of front fences and provide additional privacy.

S1  Solid front fences facing the street are no higher than 1.2 metres. This may be increased to 1.8 metres where the fence has openings that make it at least 50 % transparent.

 

Complies

Details of the proposed fence design and finishes for Council’s approval can be required as a condition of consent.

 

 

LANDSCAPE & private OPEN SPACE

Landscaped Area

P1   Landscaped areas are of sufficient size to enable the space to be used for  recreational activities, or be capable of growing substantial vegetation.

 

 

S1  The minimum dimension for an area of land included in calculations for the  landscaped area requirements is  2 metres.

 

 

Complies

 

 

 

Private Open Space

P3            Private open space:

·    provides privacy for its users;

·    is readily accessible from the main living areas of the dwelling so that it can become an extension of the dwelling,

·    provides opportunities for outdoor recreation and living.

P4   Private open space may only be provided between the front of the building and the street where building setback and front fence design achieve a sympathetic relationship with the street.

 

 

 

Complies

 

 

 

 

 

 

 

 

Complies

Proposal includes separate street access and ground level private open space within the front setback for 3 x dwellings.  Details of the proposed fence design and finishes for Council’s approval can be required as a condition of consent.

 

Flats and apartments

P6  Each dwellings has access to an area of private open space in the form of a courtyard, balcony, deck or roof garden, accessible from within the dwelling.

 

 

S6  Private open space for flats and apartments has a minimum area of 8m2 and a minimum dimension of 2 metres.

 

 

Complies

 

 

VIEW SHARING

 

P1  The design and location of buildings takes existing topography, vegetation and surrounding development into account as a basis assessing effect on view.

 

 

 

 

 

 

Complies

Proposal will not diminish any significant views from adjoining properties.

 

SOLAR ACCESS AND ENERGY EFFICIENCY

Solar Access to Neighbouring Properties

P1  The design, orientation and siting of new buildings and landscaping minimises loss of solar access to neighbouring properties.

 

P1.2  Living areas of neighbouring dwellings do not have access to sunlight reduced to less than 3 hours per day.

 

 

P1.3  At least 50% of the principal landscaped areas of neighbouring dwellings does not have access to sunlight reduced to less than 3 hours per day.

 

 

 

 

Complies

Proposal maintains reasonable levels of direct sunlight access to neighbouring properties.

 

Complies

Sunlight access to the living areas of neighbouring dwellings is maintained as far as may be reasonably expected.   Proposal is consistent with the DCP’s objectives.

 

Complies

 

 

 

Building Layout, Design and Construction

 

P4  Buildings and outdoor spaces are designed to protect from prevailing strong winds and adverse weather conditions.

Living areas are orientated to the north with access to winter sun and summer shade.

Larger windows are located on the north side where they are exposed to the lower winter sun, but can be shaded by roof eaves, verandahs or balconies from high summer sun.  Windows are protected with effective shading devices such as verandahs, hoods and external screens.

 

 

 

 

S4  75% of dwellings in a development achieve 3.5 star rating by NatHERS or equivalent and no dwelling achieves less than 3 stars, unless the site analysis can demonstrate that this is not achievable on a particular site and an Energy Performance Statement demonstrates that the design of the dwelling units satisfies the intent of these objectives and performance criteria.

 

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

 

 

 

 

Complies

Submission of NatHERS certificate demonstrating 3.5 star rating for the development can be required prior to the issue of a Construction Certificate as a condition of consent.

 

 

PARKING

P2  The design of parking areas gives consideration to the need to provide parking spaces capable of use by people with a disability.

 

P3  Accessible, safe and secure storage for bicycles are provided.

 

 

Complies

1 x disabled car space provided within basement car park adjacent to lift.

 

 

Complies

Space for bicycle rack is included within the proposed basement car park.

DRIVE-WAYS AND turning AREAS

P4  Clearance between boundaries and driveways, access ways and parking spaces is of sufficient width to enable landscaping and screen planting.

 

P6  Driveway gradients are designed for vehicle and pedestrian safety.  Potential for vehicles to scrape at gradient changes is avoided.

 

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

 

S6  Driveway gradients do not exceed 1 in 6.  For long ramps (greater than 20 m) a maximum gradient of 1 in 5 can be used with suitable transition grades as outlined in Council’s Parking DCP.

Complies

 

 

 

 

 

Complies

Proposed maximum driveway gradient is 1:6 (16.7%).

STORAGE

P1  Development provides for readily accessible and separately contained storage areas for each dwelling.

S1  10m² of storage space is provided for each dwelling with a minimum clearance height of 2.1m.

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

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

 

Complies

Proposal includes storage areas within dwellings and separate storage within the basement car park for 20 x dwellings.

 

 

BARRIER-FREE ACCESS

P2  Access for people with a disability is provided to and within one dwelling at the following rates:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3

 

 

P3  Each dwelling that is designed for people with a disability has a corresponding parking space designed for people with a disability.

 

 

Complies

Proposal is required to provide at least 1 x dwelling demonstrating suitable access for people with a disability.  Dwellings located in the building’s rear section have lift access and are capable of being adapted for barrier-free access.

 

Complies

1 x car space is proposed to be provided within the basement car park adjacent to the lift and with dimensions suitable for providing equitable access. 

 

 

b.     Development Control Plan - Parking

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

Car Parking

(a)   Number of spaces

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(b) Parking layout

 

 

 

 

 

 

 

 

 

 

 

(c) Bicycle Storage

 

 

One-bedroom units:

1 x space per dwelling

(16 x spaces)

 

Two-bedroom units:

1.2 x spaces per dwelling (4 x spaces)

 

Three-bedroom units:

1.5 x spaces per dwelling (3 x spaces)

 

1x visitor space per 4 dwellings

(5 x spaces)

 

TOTAL SPACES REQUIRED = 28

 

Unenclosed spaces 2.5m x 5.5m minimum

 

End bay spaces 3.0m x 5.5m minimum.

 

Disabled spaces 3.2m x 5.5m

 

Maximum ramp gradient 1:6 (16.7%)

 

1 x space per 3 x dwellings plus 1 x visitor space per 10 x dwellings

(9 x bicycle spaces)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

28 x SPACES

 

 

2.5m x 5.5m

 

 

2.8m x 5.5m.

 

 

3.2m x 5.5m

 

 

1:6 (16.7%)

 

 

Bicycle racks proposed within basement car park. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

Complies

 

 

Does not comply

 

 

Complies

 

 

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       Randwick LEP 1998

 

            9.1.1    Landscaped Area

     

The revised application drawings demonstrate compliance with the requirements of Clause 31(2) and 31(3) of Randwick LEP 1998.  The provision of a detailed landscape plan for the Council’s approval can be requested as a condition of consent.

 

9.1.2    Floor Area

 

Clause 32 of the LEP 1998 establishes a maximum FSR for the site of 0.9:1 (or a Gross Floor Area of 1,189.1m²).  Since the application was considered by Council at its meeting of 25 March 2003, a new definition for Gross Floor Area has been introduced by Randwick LEP 1998 (Amendment No. 23).  Based upon Amendment No. 23’s new definition for Gross Floor Area, the revised FSR is 1.14:1 (1,509.6m²).

 

The applicant has submitted a written objection pursuant to SEPP 1 that compliance with Clause 32 is unreasonable and unnecessary in the circumstances of the case.  The stated purpose of the floor space standard is:

 

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

 

The potential adverse amenity impacts of the proposal for surrounding development principally relate to:

·    Loss of visual amenity;

·    Overshadowing and loss of sunlight access, and

·    Loss of visual privacy.

 

The potential amenity impacts of the proposal are discussed in Section 9.3 below.  The scale of the proposal is generally considered to be consistent with the established pattern of development within the locality and the desired future character of the adjoining Kensington Town Centre precinct.  Minor modifications to the side boundary setbacks for the proposed rear attic space are recommended to further reduce the visual bulk of the proposal and to ensure consistency with the built form of the proposed front attic space (refer to Section 9.5 below).

 

Subject to minor modifications to the rear attic space, it is considered that the potential adverse amenity impacts for surrounding development are not sufficient for the proposal to represent an unreasonable level of development.  The proposed non-compliance does not raise any matter of significance for State or regional environmental planning and does not detract from the public benefit.  The objection is considered to be well founded and consistent with the aims of SEPP 1.

 

            9.1.3    Height

           

Clause 33(4) establishes a maximum external wall height for development of 10m.  Due to the inclusion of third floor levels at the front and rear of the proposed building, the development exceeds the external wall height standard and demonstrates a maximum external wall height of 11.73m (it should be noted that the 12.0m and 10.0m height limits shown on the application drawings are inaccurately plotted and are measured from the proposed finished floor level, not existing ground level).

 

The applicant has submitted a written objection pursuant to SEPP 1 that compliance with Clause 33(4) is unreasonable and unnecessary in the circumstances of the case.  The stated purpose of the external wall height standard is:

 

To set upper limits for the height of buildings in residential and business zones that are consistent with the redevelopment potential of land in those zones given other development restrictions, such as floor space and landscaping, and have regard for the amenity of surrounding areas.

 

The potential amenity impacts of the proposal are discussed in Section 9.3 below.  The revised proposal will exceed the external wall height standard only within limited sections of the front and rear of the proposed building.  The non-compliance stems from the applicant’s attempt to introduce greater articulation into the building form and to achieve an improved distribution of building bulk across the site.  The revision has included a lowering in height of the proposed mid-section of the building to two-stories.  Despite the proposed non-compliance with the external wall height standard, the proposal complies with the overall height standard of 12m.

 

Minor modifications to the side boundary setbacks for the proposed rear attic space are recommended to further reduce the visual bulk of the proposal and to ensure consistency with the built form of the proposed front attic space (refer to Section 9.5 below).  Subject to the recommended modifications, the proposed external wall height does not entail any unreasonable amenity impacts for surrounding properties and in this regard is consistent with the redevelopment potential of the subject site. 

 

The proposed non-compliance does not raise any matter of significance for State or regional environmental planning and does not detract from the public benefit.  The objection is considered to be well founded and consistent with the aims of SEPP 1.

 

9.2       Building Setbacks

 

The revised proposal generally complies with the performance criteria of the DCP – Multi-unit Housing for setbacks.  Non-compliances with the DCP’s criteria for articulation and limited encroachments within the minimum rear setback and minimum average rear setback controls are considered to be minor and inconsequential. The proposal meets the setback objectives of the DCP - Multi-unit Housing and is generally considered to be acceptable.  It is recommended that the eastern and western side boundary setbacks of the proposed rear attic space be increased by 1m each to maintain a consistency of building form with the proposed front attic space and further alleviate the potential overshadowing impacts of the development (refer to Deferred Commencement Condition No. 3).

 

9.3       Amenity Impacts

 

9.3.1    Overshadowing and Sunlight Access

 

The revised proposal maintains reasonable levels of direct sunlight access throughout the year to surrounding properties and is consistent with the solar access objectives of the DCP – Multi-unit Housing.  Amendments to the original application have introduced variation in building height, allowing the building to be lowered to a height of two-stories within its mid-section.  This has helped to alleviate the potential overshadowing impacts of the original application.  It is recommended that the eastern and western side boundary setbacks for the proposed rear attic space be increased by 1m each to further alleviate any overshadowing impacts and ensure consistency in building form with the proposed front attic space (refer to Deferred Commencement Condition No. 3).

 

The revised proposal increases the number of proposed dwellings with uninterrupted exposure to the north.  The revised proposal includes a number of west-facing windows to internal living areas that are likely to be subject to afternoon summer sun.  The recommendation to this report includes a condition of deferred commencement requiring the provision of suitable sun control screening on west-facing bedroom and living room windows (proposed Units No. 4, 5, 6, 12, 13, 14 and 20) to facilitate acceptable levels of visual privacy to residents of No. 14 Ascot Street and allow management of summer sunlight penetration (refer to Deferred Commencement Condition No. 4).

 

 

The internal layouts of proposed Unit No. 8 (ground level) and Unit No. 16 (first floor) could be reconfigured to more effectively take advantage of their north-eastern orientation.  This would involve amending the apartment layouts for Units  No. 8 and No. 16 to generally depict a reverse image of the proposed layouts for Units No. 6 and No. 14 respectively, with new glazing provided with suitable sill heights to maintain the levels of visual privacy provided to No. 6 Ascot Street  indicated in the current application drawings.  A condition of deferred commencement to require suitable amendments is attached to the recommendation to this report (refer to Deferred Commencement Condition No. 5).

 

9.3.2    Privacy and Overlooking

 

Proposed bedroom windows on the western façade are separated by a horizontal distance of approximately 10.2m from windows to living areas within the adjoining residential flat building at No. 14 Ascot Street.  The publication Better Urban Living:  Guidelines for Urban Housing in NSW is a relevant matter for Council’s consideration under Clause 30(2) of SEPP 65 and suggests a separation of at least 12.0m between habitable rooms to ensure adequate visual privacy for occupants.  The recommendation to this report includes a condition of deferred commencement requiring the provision of suitable sun control screening on west-facing bedroom and living room windows (proposed Units No. 4, 5, 6, 12, 13, 14 and 20) to facilitate acceptable levels of visual privacy and management of western sunlight penetration during summer months (refer to Deferred Commencement Condition No. 4).

 

Based on the current configuration of dwellings, it is considered that the outlooks from the proposed living areas and balconies to Units No. 4, 5 and 8 at ground level, Units No. 12, 13 and 16 at first floor level and Unit No. 21 at second floor level are sufficiently separated or capable of being screened by landscaping to maintain a reasonable level of visual privacy for the adjoining premises at No. 6 Ascot Street. 

 

The recommendation to this report includes a condition of consent to reconfigure the internal layouts of Unit No. 8 (ground level) and Unit No. 16 (first floor) to moire effectively take advantage of the solar access opportunities afforded by the favourable north-eastern orientation of these units (refer to Section 9.3.1).  Any reconfiguration along these lines will require additional glazing to internal living areas within proximity to the side boundary of No. 6 Ascot Street.   The attached condition of deferred commencement will require amendments to maintain adequate levels of visual privacy for occupants of both the subject site and No. 6 Ascot Street (refer to Deferred Commencement Condition No. 5).

 

The proposal includes 2 x roof terraces attached to proposed Units No. 20 and 21.  The terraces are to be bordered by raised planter beds and are to include appropriate screening to retain visual privacy for users of the terrace space and occupants of proposed Units No. 17 and 19.  The recommendation to this report includes a condition of deferred commencement requiring the applicant to submit details of the proposed screening and planting to be approved by Council (refer to Deferred Commencement Condition No. 6).

 

9.3.3    Views

 

The subject site occupies a substantial proportion of the backdrop to views towards Ascot Street from Kokoda Memorial Park and across the park from Goodwood Street.  The articulation of building form and more detailed architectural arrangement exhibited by the revised proposal represent significant improvements to the original application.  It is considered that the revised proposal will provide a positive contribution to the built form and character of Ascot Street when viewed across the park.

 

 

 

9.4       Building Design, Materials and Appearance

 

The revised proposal significantly improves the external appearance of the original application.  The proposed façade arrangement is considered to provide an appropriate level of aesthetic quality and is consistent with the pattern of desirable architectural elements along the southern side of Ascot Street.

 

The revised proposal includes separate street access to ground floor dwellings fronting Ascot Street, continuing the established pattern of dwelling and building openings within the street.  Details of the proposed building finishes and front fence design and finishes will be required for Council’s approval as conditions of deferred commencement (refer to Deferred Commencement Condition No. 1 and 2).

 

 

9.5       Building Bulk and Scale

 

The revised proposal significantly amends the bulk and scale of the original application.  The height of the proposed building has been amended to vary between two and four stories and additional articulation has been introduced to the side elevations.  The revised proposal depicts an overall bulk and scale that are generally sufficient to maintain reasonable levels of amenity for neighbouring properties and that are generally consistent with the established street character and desired future character of the adjoining Kensington Town Centre precinct.  It is recommended that the eastern and western side boundary setbacks of the proposed rear attic space be increased by 1m each to maintain a consistency of building form with the proposed front attic space and further alleviate the potential overshadowing impacts of the development (refer to Deferred Commencement Condition No. 3).

 

9.6       Private Open Space

 

The revised proposal satisfies the private open space criteria of the DCP – Multi-unit Housing and is considered to be acceptable.   

 

9.7       Access and Parking

 

The revised proposal amends the proposed driveway access and basement level car parking arrangement.  Council’s AIS Department has reviewed the proposed arrangement and has attached appropriate conditions of consent.  The proposed pedestrian access arrangements are considered to be acceptable.

 

9.8       Dwelling Mix

 

The revised proposal amends the 24 x one-bedroom dwellings proposed in the original application to include 16 x one-bedroom dwellings, 3 x two-bedroom dwellings and 2 x three-bedroom dwellings.  The revised dwelling mix will cater for a greater variety of housing needs within proximity to the Kensington Town Centre and is considered to be acceptable.

 

10.       CONCLUSION

 

The revised proposal significantly improves the original application.  The proposal generally demonstrates design quality in accordance with SEPP 65 and meets the relevant objectives of Council’s DCPs and LEP 1998.  The proposed non-compliances with Council’s floor space and external wall height standards are considered to be acceptable in the circumstances.  Minor amendments are recommended to ensure the proposal adequately addresses potential visual privacy impacts, optimises opportunities for controlled sunlight access to internal living areas and demonstrates an appropriate bulk and scale.  The recommendation is for approval subject to conditions of consent.  

 

RECOMMENDATION:

 

A.        THAT Council support the objections under State Environmental Planning Policy No. 1 (SEPP No. 1) in respect to non-compliances with Clause 32(1) and Clause 33(4) of the Randwick Local Environmental Plan 1998.  Clause 32(1) relates to floor space ratio on the grounds that the proposed development complies with the objective of the clause and will not adversely affect the amenity of the surrounding locality. Clause 33 (4) relates to the maximum wall height of 10 metres on the grounds that the height will have a negligible impact on the surrounding locality and amenity of neighbouring properties, and that Planning NSW be advised accordingly.

 

B.         THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 955/2002 for the demolition of the existing dwelling houses and the construction of a multi-unit housing development containing 16 x one-bedroom dwellings, 3 x two-bedroom dwellings and 2 x three-bedroom dwellings with associated basement car parking for 28 x vehicles at 8-12 Ascot Street, Kensington subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.         Details of the proposed colours, materials and textures (ie. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Community Development.

 

2.         Details of the proposed fence and entry portico are to be submitted to and approved by the Director of Planning & Community Development.

 

3.         The side boundary setbacks for the proposed rear attic level are to be increased by 1.0m to each side boundary to ensure an appropriate bulk and scale for the development and consistency with the alignment of the proposed front attic level. Details of the amended rear attic level to Units No. 20 and 21 are to be submitted to and approved by Council’s Director of Planning & Community Development.

 

4.         Sun control devices are to be provided to west-facing windows to Units No. 4, 5, 6, 12, 13, 14 and 20 to ensure appropriate control of sunlight penetration to the units and enhance visual privacy. Details of the sun control devices to west-facing windows to Units No. 4, 5, 6, 12, 13, 14 and 20 are to be submitted to and approved by Council’s Director of Planning & Community Development.

 

5.         The floor layouts of Units No. 8 and 16 are to be reconfigured to relocate the kitchen areas in the north-eastern corner of the units and provided with additional glazing to enable sunlight penetration to internal living areas.  Additional windows in the northern or eastern elevations of the units are to have a sill height no less than 1.5m above the floor level or be of fixed or obscure glazing below 1.5m from the floor level to retain visual privacy for adjoining residents. Details of the amended floor layouts for Units No. 8 and 16 are to be submitted to and approved by Council’s Director of Planning & Community Development.

 

6.         Details of the landscaping and screening for the roof terraces are to be submitted to and approved by Council’s Director of Planning & Community Development. 

 

Development Consent Conditions

 

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

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans numbered C00, C01, C02, C03, C04, C05, C06, C07, C08, C09, C10, C11 and C12 dated 3 July 2003, unnumbered and undated drawing annotated as “Section Thru Driveway 1:50”, LSK-01 (Issue B) dated 16 June 2003 and LSK-02 (Issue A) dated September 2002, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

ENVIRONMENTAL AMENITY:

 

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

 

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

 

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

 

3.         Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1.8m, to maintain reasonable levels of amenity to the adjoining premises.

 

4.         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.

 

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

 

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

 

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

 

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

 

9.         Power supply and telecommunications cabling to the development shall be underground.

 

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 existing outbuildings on the site must be demolished and removed in conjunction with the development.

 

12.       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.

 

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

 

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.

 

Department of infrastructure, planning and natural resources general Terms of Approval (WATER ACT 1912 PART V LICENCE – TEMPORARY DEWATERING):

 

In accordance with the Environmental Planning and Assessment Act 1979 and Regulation 1994 (as amended) the Department Infrastructure Planning and Natural Resources  (DIPNR) has an approval role in relation to a development application DA 955/02 lodged with Randwick City Council.

 

Licences under Part V of the Water Act 1912 are required for the works (excavation/bore or battery of spearpoints) for purposes of temporary de-watering as part of construction on 8 – 12 Ascot Street, Kensington.  An application should be completed on the prescribed form for  the abovementioned purposes viz., de-watering,  and groundwater and a licence obtained from the Department prior the installation of any de-watering works. A plan drawn to scale will be required with the application showing the location of each de-watering bore.

 

An estimate of the total volume of groundwater to be pumped from the site (ie amount of de-watering) should be indicated on the application form.  Any tailwater disposed to the stormwater system must be of an acceptable quality to comply with requirements of the Protection of the Environment Operations Act, 1997.  Other methods of disposal of the tailwater should be also be indicated (Council approval for other methods of disposal is required).

 

Pursuant to Part V of the Water Act, the Department, having reviewed the documentation associated with the DA, proposes to grant an approval to DA 955/02 (as presented).  The general terms of approval are set out below:

 

General and Administrative Issues

 

15.       The licensee shall allow (subject to Occupational Health and Safety Provisions) the Department or any person authorised by it, full and free access to the works (spearpoint system, excavation or bore/borefield), either during or after construction, for the purpose of carrying out inspection or test of the works and its fittings and shall carry out any work or alterations deemed necessary by the Department for the protection and proper maintenance of the works, or the control of the water extracted to prevent wastage and for the protection of the quality and prevention from pollution or contamination of  surface or sub-surface water.

 

16.       If any work is abandoned at any time the licensee shall notify the Department of such abandonment and seal off the aquifer by:

·   Backfilling the work(s) to ground level with clay or cement after withdrawing the casing (lining); or

·   Such methods as agreed to or directed by the Department.

 

17.       Tailwater drainage shall not be allowed to discharge onto adjoining roads (without Council approval), Crown Land or other persons land, or into any river as defined under the Water Act,  by surface or sub-surface drains or pipes or any other means.

 

18.       Works used for the purpose of conveying, distributing or storing water from the de-watering work(s) shall not be constructed or installed so as to obstruct the free passage of floodwaters flowing in, to or from a river or lake.

 

19.       If the work(s) are lined with steel or plastic casing the inside diameter of that casing shall not exceed 220 mm.

 

20.       Water shall not be pumped from the work(s) for any purpose other than temporary de-watering.

 

21.       The licensee shall notify the Department if a flowing supply of water is obtained.

 

Conditions Specific to DA 955/02

 

22.       If during the construction of the work, saline or polluted water is encountered above the producing aquifer, such water shall be sealed off by:

·   Inserting the appropriate length(s) of casing to a depth sufficient to exclude the saline or polluted water from the work.

·   Cementing between the casing(s) and the walls of the bore hole from the bottom of the casing to ground level.

 

Any departure from these procedures must be approved by the Department before undertaking the work.

 

23.       The construction shall be of a form which precludes the permanent de-watering of the site to achieve a safe and stable condition.

 

24.       The licence will lapse if the work is not commenced and completed within three years of the date of the issue of the licence.

 

25.       Upon formal application the licensee shall within two months of completion or after the issue of the licence if the work is existing, furnish to the Department:

·   Details of the work set out on the appropriate form.

·   A plan showing accurately the location of the work, in relation to portion and property boundaries.

·   Details of any water analysis and/or pumping tests.

           

26.       The licensee shall maintain records of the actual volume of groundwater pumped (kilolitres/megalitres) from the de-watering work(s), the discharge rate (litres per second) and duration of pumping (number of days/weeks) and supply this information to the Department upon completion of the development.

 

ECOLOGICALLY SUSTAINABLE DEVELOPMENT & ENERGY EFFICIENCY: 

 

The following conditions are imposed to promote ecologically sustainable development and energy efficiency:

 

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

 

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

 

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

 

29.       External timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

30.       Hot water service pipes are to be provided with insulation, in accordance with the relevant requirements of Building Code of Australia and AS 3500.

 

31.       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.  Any electric clothes dryers to be provided in the development must also have a minimum 2 star energy rating.

 

32.       Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the 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.

 

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.

 

Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.  Details of the proposed landscaping, including plant species and paved areas are to be included with the construction certificate application.

 

 

SECTION 94:

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

 

33.       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                      $25,783.26

b)       for the provision or improvement of community facilities       $11,400.44

c)       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.

 

CIVIL WORKS/TRAFFIC:

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

 

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

 

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

 

b)   Remove all redundant vehicular crossings and to reinstate the areas with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

c)   Remove the existing stone kerb and gutter and construct new kerb and gutter for the full site frontage except opposite the vehicular entrance and exit point.

 

d)   Carry out a full depth, minimum 2.0 metre wide, road construction in front of the new kerb and gutter along the full site frontage.

 

e)   Reconstruct the existing Council footpath along the Ascot Street site frontage in accordance with Council’s requirements.

 

35.       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.

 

36.       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.

 

37.       All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level, splayed 1.5 metre by 1.5 metre or suitably setback from the street alignment 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.

 

38.       The driveway opening at the Ascot Street frontage must be 5 metres wide and located at least 1.0 metre clear of the side property.

 

39.       The internal driveway must be a minimum of 5 metres wide for the first 4 metres inside the property and a minimum clear width of 3 metres at all other locations along the driveway.

 

40.       The applicant shall submit to Council for approval, and have approved, longitudinal sections along the extremities and the centreline of each internal driveway/access ramp at a scale of 1:20. Each section shall indicate compliance with Council’s issued alignment levels and Council’s drainage related requirement for the driveway to have a high point of at least RL 27.6 AHD and to be designed in such a manner as to minimise the potential for stormwater inundation of the basement carpark. Vehicular access driveways are to be designed in general accordance with Council’s Development Control Plan – Parking and the relevant sections of AS 2890.1-1993.

 

41.       The aisle widths, internal circulation, ramp widths and grades of the carpark are to generally conform to the Roads & Traffic Authority (RTA) guidelines, Australian Standard AS 2980.1 –1993 and Council’s Development Control Plan - Parking. Details of compliance are to be shown on the relevant plans and specifications for the construction certificate, and are required to be submitted to and approved by the Council or an accredited certifier, prior to a construction certificate being issued for the proposed development.

 

42.       A work zone is to be provided in Ascot Street for the duration of the construction works. The ‘workzone’ shall have a minimum length of 12 metres and the prescribed fee for the work zone must be paid to Council at least four (4) weeks prior to the commencement of building works.

 

PARKING:

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

 

43.       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.

 

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

 

SECURITY DEPOSITS:

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

 

45.       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.

 

46.       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.

 

Alignment Level Conditions:

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

 

47.       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:

 

·    150 mm 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 0924.

 

48.       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.

 

49.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $488 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.

 

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

 

Service Authority Conditions:

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

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

55.       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.

 

Drainage Conditions:

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

 

56.       The applicant must, at all times in preparation of the construction certificate application and during construction, comply with all requirements of the Department of Infrastructure, Planning and Natural Resources, (previously the DLWC), including, but not limited to:

 

·    Monitoring of groundwater levels onsite;

 

·    General Terms of Approval for a Part V Licence – Temporary Dewatering.

 

Prior to preparation of the construction certificate the applicant shall liaise with the Department of Infrastructure, Planning and Natural Resources to obtain their requirements. The certifying authority shall not issue a construction certificate for this development without being satisfied that the development can be constructed in accordance with the general requirements of the Department of Infrastructure, Planning and Natural Resources.

 

57.       Prior to the issuing of a construction certificate the applicant shall submit to Council for approval, and have approved, construction details for the slab and walls of the basement carpark, such details to be based on the assumption that the slab and the lower levels of the walls will be partially below the groundwater level.  This condition is required because the ground water level established by the applicant’s geotechnical engineer was only 400-500mm below the proposed basement carpark excavation and both the applicant’s geotechnical engineer, (name of Jeffery and Katauskas) and hydrogeologists from the DLWC have acknowledged/stated that the groundwater level can fluctuate in response to the prevailing climatic and seasonal conditions preceding and at the time of undertaking the excavation/construction works.

 

The applicant shall note that the walls will need to be structurally designed to withstand the applicable hydrostatic pressures generated by the groundwater and be suitably tanked/waterproofed. Council will not permit drainage systems around the walls as these systems have the potential to be constantly discharging groundwater to the receiving outlet.

 

58.       The internal driveway shall be designed with a high point of at least RL 27.6 metres AHD and in such a manner as to minimise the potential for stormwater inundation of the basement carpark. The driveway gradients shall be in general compliance with the relevant sections of AS 2890.1 – 1993 and Council’s DCP – Parking. The Construction Certificate plans shall demonstrate compliance with this requirement.

 

59.       All storage areas, (excluding any in the basement carpark), habitable floor levels and openings shall be at or above RL 27.85m AHD, (or alternatively protected from stormwater inundation to RL 27.85). This condition is required to minimise the potential for stormwater inundation of the proposed development.

 

60.       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.

 

61.       On-site stormwater detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

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

 

63.       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.

 

64.       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.

 

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

 

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

 

67.       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).

 

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

 

69.       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 wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

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.

 

70.       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)

 

71.       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.

 

72.       A reflux valve shall be provided over the pipe draining into the sediment/silt arrestor pit to prevent stormwater from Ascot Street draining back into the subject development site.

 

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

 

74.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Notes:-

 

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

 

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

 

78.       All exterior paving within the development site, which is located outside of the basement level footprint, shall be constructed with a permeable brick paving or other similar material that will allow stormwater to infiltrate to ground (eg Rocla permeable paving).

 

WASTE MANAGEMENT:

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

 

79.       The garbage room areas will have to be designed so as to be able to contain a total of 22 x 240 litre bins (11 garbage bins & 11 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

81.       A Waste Management Plan is to be submitted to Council and approved by Council’s Manager of Waste Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued for the proposed development.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

NOISE EMISSION / AMENITY CONDITIONS:

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:

 

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

 

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

 

PRESCRIBED CONDITIONS & FIRE SAFETY:

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

 

83.       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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

STRUCTURAL:

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

 

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

 

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

 

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

 

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

 

CONSTRUCTION MANAGEMENT:

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

 

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

 

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

 

88.       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.

 

89.       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.

 

90.       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.

 

91.       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.

 

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

 

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

 

Upon inspection of each stage of construction, the principal certifying authority (or other suitably qualified person on behalf of the applicant) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

 

·          Sediment control measures.

·          Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

·          Maintenance of the public place free from unauthorised materials, waste containers or other obstructions.

 

93.       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. 

 

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

 

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

 

95.       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.

 

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

 

a)         car parking and vehicular access

b)         landscaping

c)         stormwater drainage

d)         external finishes and materials

 

97.       A coloured works-as-executed fire services plan is to be submitted to the Council prior to occupation of the development, detailing the location of the essential fire safety measures installed within the building premises.

 

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

 

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

 

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

 

99.       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.

 

100.     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.

 

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

 

102.     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.

 

103.     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”.

 

104.     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.

 

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

 

A soil and water management plan (SWMP) must be submitted to and approved by the principal certifying authority and implemented prior to the commencement of any site works or activities.

 

The soil and water management plan must contain a site plan, detailing:

 

·        the slope of the land

·        site access points and access control measures

·        location and type of all sediment control measures

·        location of existing vegetation, to be retained

·        material stockpile or storage areas and methods of sediment control

·        location of existing and proposed drainage systems

·        proposed disposal of site water

·        location of building operations and equipment

·        proposed re-vegetation details

 

All soil and water management measures must be maintained at all times throughout demolition, excavation, building and site works and a copy of the soil and water management plan is to be kept on-site and be made available to Council officers upon request.

 

106.     Stockpiles of soil, sand, aggregate or other materials must not be located on any drainage line, natural watercourse, footpath, roadway or any public place and the stockpiles must be protected with adequate sediment control measures.

 

Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

107.     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.

 

108.     If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

109.     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.

 

110.     The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $5 million and a copy of the Insurance cover is to be provided to Council.

 

FIRE SAFETY:

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

 

111.     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.

 

Landscape Conditions:

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

 

112.     The landscaped areas shown on the plan number LSK-01 issue B, dated 16.06.03 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Documentary evidence is to be obtained from a suitably qualified Landscape Architect and submitted to the principal certifying authority (PCA) (and the Council, if the Council is not the PCA) prior to the issuing of a final occupation certificate which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

114.     The applicant shall submit a landscape design for the Ascot Street frontage of the development. The landscape design shall include pavements and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

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

 

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

 

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

 

115.     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.

 

116.     Any substation required shall be located within the site and screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

117.     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

 

118.     The applicant shall submit a total payment of $435.00 to Council, being the cost for Council to supply and install 3 x 45 litre street trees at the completion of all works.

 

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

 

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

 

119.     Approval is granted for the removal of the following trees subject to the planting of 4 x 200 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.

 

12 Ascot Street

a)         One Olea species (Olive Tree) located along the western property boundary between the existing dwelling and the fence.

b)         One Cinnamomum camphora (Camphor Laurel) located along the western property boundary between the existing dwelling and the fence.

 

10 Ascot Street

c)         One Melia azedarach (White Cedar) located along the eastern property boundary within the rear yard.

d)         One Dead Tree located towards the rear property boundary.

 

8 Ascot Street

e)         Three Cupressus species (Cypress Pines) located within the rear yard, around the existing pool.

f)          One Arecastrum romanzoffianum (Cocos Palm) located within the rear yard, around the existing pool.

g)         One Howea forsterana (Kentia Palm) located within the rear yard, around the existing pool.

 

120.     A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $24,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

ACCESS & FACILITIES FOR DISABLED:

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

            a)         Part B1                        -           Structural provisions

            b)         Clause D1.2                -           Number of exits required in carpark

            c)         Clause D1.4                -           Exit travel distances in carpark

            d)         Part E1                                   -           Fire fighting equipment

            e)         Part E2                                   -           Smoke Hazard Management

            f)          Part E3                                   -           Lift Installations

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

            h)         Part F5                                   -           Sound Transmission and Insulation

 

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

 

A2       In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

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

 

Advisory Conditions:

 

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

 

ATTACHMENT/S:

 

1. A4 reduced plans

2. Director Planning & Community Development Reports' 18/2003

3.  Development Application Report dated 17 March 2003

4.  A4 reduced plans.  

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

WILLANA ASSOCIATES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Director Planning & Community Development's Report 18/2003

 

 

SUBJECT:

8 - 12 Ascot Street, Kensington

 

 

DATE:

17 March, 2003

FILE NO:

D/0955/02

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT     

 

 

INTRODUCTION:

 

Attached is the Development Assessment Report for Development Application 995/02 for demolition of three existing dwellings and construction of three storey-multi unit housing development containing 24x1 bedroom dwelling with associated basement car parking for Councils consideration and determination.

 

RECOMMENDATION:

 

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

 

 

 

ATTACHMENT/S:

 

1.  Development Application Report dated 17 March 2003

2.  A4 reduced plans    

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING 

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

WILLANA ASSOCIATES

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

17 March, 2003

FILE NO:

D/0955/02

 

PROPOSAL:

 Demolition of three existing dwellings and construction of three storey-multi unit housing development containing 24x1 bedroom dwelling with associated basement car parking

PROPERTY:

 8 - 12 Ascot Street, KENSINGTON

WARD:

 West Ward

APPLICANT:

 Arttech Design & Construction Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Ordinary Council Meeting as the proposed development is valued at $2.5million.  An appeal has been lodged with the Land and Environment Court on the basis of a deemed refusal of the application.   The proposal does not comply with the floor area standard of the Randwick LEP 1998.  A SEPP 1 objection has been submitted by the applicant seeking approval for non-compliance with the floor area standard.  The proposed variation is not considered reasonable or necessary in the circumstances and the SEPP 1 objection is not supported.

 

Manual calculations of the application drawings indicate that the proposal does not comply with the Randwick LEP 1998’s standard for the provision of landscaped area not located above podiums or excavated basement areas.  The applicant has not submitted an objection to the strict compliance with the standard pursuant to SEPP 1 and Council is unable to approve the application without first obtaining either confirmation of the proposal’s compliance or considering a suitable SEPP 1 objection to the standard demonstrating that compliance is unreasonable or unnecessary in the circumstances.

 

The proposal fails to demonstrate design quality in accordance with the provisions of SEPP 65.  The proposal fails to demonstrate compliance with a number of the performance requirements and objectives of the Multi-Unit Housing DCP, principally those relating to site analysis, bulk and scale, building setbacks, solar access, amenity and barrier-free access. 

 

The proposal has not adequately addressed groundwater and flooding issues relating to the site, or demonstrated that the proposal does not constitute integrated development.  The proposal is excessive in bulk and exhibits a simplistic building form that is inappropriate for the site and its built form context.  The proposal comprises one-bedroom dwellings only and does not provide a dwelling mix suitable to the site or its social context.

 

The recommendation is for refusal.

 

2.    THE PROPOSAL

 

The proposal is to demolish the three existing dwellings on the site and to erect a three-storey multi-unit housing development containing 24 x one-bedroom units and basement car parking for 30 vehicles.  The proposal includes the removal of four trees from the rear of the site.

 

The proposed building comprises three above-ground levels with each level containing eight units.  Pedestrian access to the units from ground level is provided by two entry foyers located on the eastern side of the building.  The northern-most foyer entry provides stair access to the nine units fronting Ascot Street.  The southern-most foyer entry provides access to stairs and a lift linking the fifteen units located in the middle and rear sections of the building.  The lift also links these units to the basement car park.

 

Driveway access to the site is proposed from Ascot Street along the western side boundary.  Private courtyard areas are proposed for each ground floor unit. A landscaped common open space area is proposed at the rear of the building. Balcony areas are proposed for each of the first and second floor units.  

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Ascot Street approximately midway between Anzac Parade and Doncaster Avenue.  The site comprises three allotments at No. 8, 10 and 12 Ascot Street located opposite Kokoda Memorial Park.  The site adjoins land included in the Kensington Town Centre and is located in proximity to a number of heritage-listed buildings in Doncaster Avenue.

 

The site is slightly irregular in shape and has an area of 1,321.2m².  The site has a frontage to Ascot Street of 30.5m and a depth varying between 42.3m and 43.7m. The site is generally flat.  Access to the site is from Ascot Street.  The site currently contains seven trees, primarily at the rear of No. 8 Ascot Street.  The size and dimensions of the site provide no tangible constraints and are more than sufficient for development to achieve design quality in building configuration, orientation and scale. 

 

Existing buildings on the site comprise a single-storey semi-detached brick terrace house at No.8 Ascot Street and two freestanding single-storey brick terrace houses at No.10 and 12 Ascot Street.  The site is bounded to the east by a single-storey terrace house at No. 6 Ascot Street, which is attached to the existing dwelling on the site at No.8 Ascot Street.  The site is bounded to the west by a three-storey pre-WWII walk-up flat building at No.14 Ascot Street.  The site is bounded to the south by properties at No. 11 and 13 Bowral Street containing 1960s-1980s walk-up flat buildings with undercroft car parking. 

 

The southern side of Ascot Street contains a number of single-storey Federation terraces and bungalows that comprise a substantially intact and continuous built form interrupted only by the three-storey pre-WWII flat building adjoining the subject site at No. 14 Ascot Street.  Properties fronting Ascot Street immediately west of the subject site form part of “Block 03” as defined by the Kensington Town Centre DCP.

 

The northern side of Ascot Street is dominated by the open expanse of Kokoda Memorial Park.  A 1960s-1980s walk-up flat building with undercroft car parking is located further west on the northern side of Ascot Street.  Kokoda Memorial Park contains a children’s playground located directly opposite the subject site.  The subject site enjoys an outlook across the park towards development on the northern side of Goodwood Street.  A distinctive two-storey pre-WWII flat building fronting the northern side of Goodwood Street is a dominant visual feature in northern views across the park.  Correspondingly, the subject site forms a substantial part of the backdrop to views towards Ascot Street from Kokoda Memorial Park and across the park from Goodwood Street.

 

The western end of Ascot Street is framed by a series of two-storey Victorian terrace-style shops fronting Anzac Parade to the south of Ascot Street.  These are identified by the Kensington Town Centre DCP as being contributory to the town centre’s streetscape. 

 

The eastern end of Ascot Street is framed by Doncaster Avenue, which contains a number of heritage-listed buildings, including a series of eight Federation terraces located on the eastern side of Doncaster Avenue and south of the Ascot Road intersection (No. 68-82 Doncaster Avenue).  Randwick Racecourse forms the eastern extent of Ascot Street.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The properties no.8 and 12 Ascot Street have been subject to previous applications for alterations and additions to the existing single-storey dwellings.  Amended plans were submitted to Council on 6 February 2003 which increase the width of the driveway and raised the ground floor level of the building.  This report assesses the amended plans received by Council on 6 February 2003.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

1.  M. Ryan

1/11 Bowral Street

KENSINGTON   2033

 

Concerns:

 

The construction of 24 single bed units reeks of ghetto living in our area with the additional traffic pressure on streets that are over parked and over used particularly on Randwick race days.

 

The very concept of one-bed room units indicates the casual occupation of these units with a constant changeover of tenants.  The target tenants are to be students who will have noisy parties creating noise problems for older long-term residents.

 

Environmentally the construction of a three-story building will cause sunlight problems in our yard area, which is used constantly by all the occupiers of 11 Bowral St., and I am sure the proposed new building will present other problems with wind around the buildings.

 

Response:

 

·    The proposal contains the required number of on-site parking spaces.

·    The proposal does not contain an adequate mix of dwelling sizes and does not adequately respond to the site’s social context.

·    The proposal will reduce sunlight access to the communal open space areas of properties adjoining the site to the south at No. 11 and No. 13 Bowral Street.

·    The proposed building configuration results in an excessive building bulk and fails to distribute the building mass across the site in a manner that minimises visual and amenity impacts for the adjoining properties.

 

2.  J. Maloney

     6 Ascot Street

     KENSINGTON   2033

 

Concerns:

 

The development of 24 x (1) Bedroom low budget units show a lack of dwelling diversification for the area.  This type of development is aimed at the transient University population, rather than the more responsible permanent/family resident.

 

The architecture structure of the proposed building lacks any form of federation architecture that blends with the existing character of the area, which is not consistent with the councils theme of recapturing the vision of the Kensington area.

 

Unit verandah structures are absent of sufficient privacy screening to the surrounding residence.

 

The proposed height development will greatly affect both the winter and summer sunshine to my property especially the rear yard, which is already a flood affected area.

 

Demolition of 8 Ascot St attached to my property will cause damage, noise and pollution inconvenience.

 

Demolition of 8 Ascot St will leave my residence unsecured as a large part of the external wall of this property currently acts as part of the dividing fence.

 

Response:      

 

·    The proposal does not contain an adequate mix of dwelling sizes and does not adequately respond to the site’s social context. 

·    The proposed building scale, form and composition are singular in character and do not respond to the street context. 

·    Proposed above-ground balconies are sufficiently set back from the side boundaries to ensure acceptable levels of privacy for adjoining residents. 

·    It is apparent that the additional overshadowing will reduce daylight access to the internal living areas at the rear of No. 6 Ascot Street to substantially less than 3 hours per day in mid-winter.  The proposal will also substantially increase levels of afternoon overshadowing for the rear open space on the property. 

·    Council’s Director of Asset & Infrastructure Services has advised of groundwater issues and these are detailed in Section 6.3.

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 Building Code of Australia classifies the proposal as:

-    Class 2 - Residential Units, and

-    Class 7 - Basement Car Park.

 

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

 

6.2  Landscape Issues

 

Council’s Director of Asset & Infrastructure Services has provided the following advice in relation to landscape:

 

Amended plans addressing the groundwater and flooding issues raised in our previous memo’s dated 14 and 24 February 2003 and have not been received and thus AIS Department conditions have not been issued for this development.

 

Should the EPCD Department or Council consider approving the application, the application should be referred back to the AIS Department so that appropriate conditions may be issued.

 

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

 

12 Ascot Street

a)   One Olea species (Olive Tree) located along the western property boundary between the existing dwelling and the fence. This tree is approximately 6 metres tall and in reasonable health, however, it is poorly located and also an environmental weed within the City of Randwick. As such permission should be granted for the removal of this tree.

b)   One Cinnamomum camphora (Camphor Laurel) located along the western property boundary between the existing dwelling and the fence. This tree is approximately 8 metres tall and in reasonable health, however, it is poorly located and also an environmental weed within the City of Randwick. As such permission should be granted for the removal of this tree.

 

10 Ascot Street

c)   One Melia azedarach (White Cedar) located along the eastern property boundary within the rear yard. This tree is approximately 8 metres tall and in average health. Permission should be granted for the removal of this tree, subject to the planting of one replacement tree within the site.

d)   One Dead Tree located towards the rear property boundary. This tree is approximately 8 metres tall and permission should be granted for its removal.

 

8 Ascot Street

e)   Three Cupressus species (Cypress Pines) located within the rear yard, around the existing pool. These trees are between 8 and 10 metres tall but are poorly located hard up against the existing in ground pool. Two of the trees are shown for retention on the plans but it is considered that the excavation required for the removal of the pool will have an adverse effect upon the health of these trees. Permission should be granted for the removal of these trees, subject to the planting of three large replacement trees within the site.

f)    One Arecastrum romanzoffianum (Cocos Palm) located within the rear yard, around the existing pool. This palm is approximately 10 metres tall and in reasonable condition, however, it is not a significant specimen and as such permission should be granted for the removal of this palm.

g)   One Howea forsterana (Kentia Palm) located within the rear yard, around the existing pool. This palm is approximately 6 metres tall and in reasonable health however, it is not a significant specimen and as such permission should be granted for the removal of this palm.

 

6.3  Drainage Issues

 

Council’s Director of Asset & Infrastructure Services has provided the following advice in relation to flooding:

 

The subject development site is located in an area that may be subject to stormwater inundation during major storm events.

 

To minimise the potential for stormwater to enter the subject development, the applicant shall either:

 

1.  Raise the ground floor levels to a minimum RL 27.85 (AHD) (.e. a minimum of 450mm above the back of the footpath along the site frontage) and construct a high point in the driveway (and all other access points to the basement carpark) to at least RL 27.60 (AHD).

 

OR

 

2.  Undertake a flood study to determine accurate 1 in 100 year flood levels for the site and raise the floor level of all habitable and storage areas a minimum of 300mm above these levels and construct a high point in the driveway (and all other access points to the basement carpark) at least 150mm above the flood levels.

 

Amended plans showing the floor levels and driveway being raised to the required levels (in accordance with either point 1 or 2 above) shall be submitted to Council for approval prior to development consent being issued.  It is noted that the driveway must match the back of the existing footpath at the property boundary with the required high point being located within the property.

 

To minimise stormwater runoff from the site, the new driveway and exterior paving within the development site shall be constructed with a permeable brick paving or other similar material that will allow stormwater to infiltrate to ground (eg Rocla permeable paving).

 

Council’s Director of Asset & Infrastructure Services has provided the following advice in relation to groundwater:

 

The information in the geotechnical report does not adequately address the concerns regarding groundwater on the site.

 

In the absence of any evidence to show that the groundwater table is more than 3 metres below ground level, it can only assumed that groundwater is at 3 metres (where hole collapse occurred).  Consequently, any fluctuation in the groundwater table may result in water entering the basement excavation (which is understood to extend some 3 metres below ground level) and referral to the DLWC as integrated development may be required.

 

It is noted that the geotechnical investigation was undertaken after a period of severe drought, and as indicated in the geotech report, the groundwater level may rise following periods of heavy rainfall.

 

Given that groundwater may experience fluctuations of up to some 2 metres, it is suggested that the applicant should be requested to undertake further testing on the site to determine whether groundwater is present within 2 metres of the base of the proposed basement excavation (i.e. within 5 metres from ground level).

 

If groundwater is encountered, it is recommended that the EPCD Department liaise with the DLWC to determine whether referral as integrated development is required.

 

6.4  Traffic/Parking Issues

 

Council’s Director of Asset & Infrastructure Services has provided the following advice:

 

To prevent queuing of vehicles in Ascot Street, the clear width of the internal driveway shall be at least 5 metres for the first 5 metres within the property.  The amended plans shall show compliance with this requirement.  It is recommended that the width of the internal driveway be kept at 5 metres for the full length of the access ramp.

 

Council’s Director of Asset & Infrastructure Services has advised that amended plans submitted by the applicant dated 5 February 2003 (Issue B) show the width of the driveway being increased to 5 metres for the first 5 metres within the property boundary and adequately address the vehicular access issues raised.

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

      -     Environmental Planning and Assessment Act 1979 (as amended)

-     State Environmental Planning Policy No.1- Development Standards (SEPP 1)

-     State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development (SEPP 65)

-     Randwick Local Environmental Plan 1998

-     Building Code of Australia

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Clause

Requirement

Provided

Compliance

30 – Min. Lot Size

N/A

1,321.2m²

N/A

31 - Landscape Area

 

 

 

Clause 31(2)

50% of site area (660.6m²)

53% (698.8m²)

Yes

Clause 31(3)

Maximum 50% (330.3m²) of the landscaped area requirement over podiums or excavated basement areas

52% (342.9m²)

No

32 - FSR

0.9:1 (1,189.1m²)

1.17:1 (1,544.2m²)

No

33 - Building Height

 

 

 

Clause 33(2)

12m building height

10m

Yes

Clause 33(4)

10m external wall height

 

10m

 

Yes

 

(b)   State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

 

The proposal is defined as “residential flat development” for the purposes of SEPP 65.   Clause 30(2) of SEPP 65 requires the consent authority to consider the design quality of the development when evaluated in accordance with the design quality principles described in the SEPP.  An evaluation of the design quality of the proposal in accordance with the design quality principles is included below.

 

Principle 1:     Context

 

Good design responds and contributes to its context.  Context can be defined as the key natural and built features of an area.

 

Responding to context involves identifying the desirable elements of a location’s character or, in the case of precincts undergoing a transition, desired future character as stated in planning and design policies.  New buildings will thereby contribute to the quality and identity of the area.

 

The site forms part of a locality currently undergoing transition, however the surrounding built form context exhibits a number of building types and ages that contribute to the heritage and streetscape qualities of locality. 

 

Principal building types in the immediate locality include:

·    Two-storey Victorian terrace-style shops fronting Anzac Parade and forming part of the Kensington Town Centre;

·    Single-storey Federation terraces and semis;

·    Federation bungalows;

·    Pre-WWII flat buildings, and

·    1960s-1980s walk-up flat buildings.

 

A number of 1960s-1980s walk-up flat buildings are located throughout the surrounding area in Doncaster Avenue, Goodwood Street to the north and Bowral Street to the south.  Buildings of this style do not currently form an integral part of the Ascot street character and typically display poor levels of design quality in terms of amenity, energy performance, daylight access and aesthetics.  Buildings of this style are not considered to provide desirable reference points in determining a desirable character for infill development on the subject site.

 

Key built features of residential development on the southern side of Ascot Street include:

·    Consistent front setbacks;

·    Pitched roof forms that help to define the overall proportions and alleviate the built mass of individual buildings;

·    A regular and substantially continuous pattern and rhythm of dwelling entries, façade compositions and low-scale front fences;

·    Window, veranda and façade elements that avoid large expanses of walls and provide buildings with a human scale when viewed from the street;

·    Buildings that clearly express base, middle and top sections to express the overall building proportions;

·    Buildings that express their internal layout and use, in particular the extent of individual dwellings, through elements such as party walls, and

·    Restrained building footprints with sufficient site areas for substantial mature planting and tree growth at the rear of properties.

 

The proposal almost completely fails to respond to the key built features of its streetscape context.  The proposed façade and frontage treatment are inconsistent with the established pattern of development on the southern side of Ascot Street.  The proposed development frontage discontinues the pattern of dwelling and building entries along the street.  The absence of individual dwelling entries to the street at ground level, the proposed unbroken line of planter bed along the front boundary and the proposed entry portico at the front boundary are singular in character and unrepresentative of the existing street context.

 

The proposed façade composition is unacceptably bland and visually overbearing.  When compared to the established street context, the façade displays an inappropriate mix of window sizes, disproportionate areas of blank space and no recognisable architectural style. 

 

The building walls are set back from the street frontage further than existing buildings in the street, compounding the proposal’s incompatibility with its immediate built form context.  The proposal comprises a flat-pitched roof form that is uncharacteristic of the street context and fails to optimise potential opportunities for solar energy collection.  Unlike other dominant building forms in Ascot Street, the proposed building fails to clearly define base, middle and top sections, resulting in an undesirably bulky building form and substantially disrupting the established pattern of development on the southern side of Ascot Street. 

 

Key natural features include the site’s north-south orientation, relatively flat topography and groundwater constraints.  The proposed building configuration represents a simplistic response to the favourable site area dimensions.  The site is generally flat and the topography presents no constraints to development.  The resulting configuration of building form over the site exhibits an excessive visual bulk.  The building configuration also fails to respond to opportunities to achieve a more broken up building form that would allow a greater number of dwellings at the middle and rear of the site to benefit from the site’s northern orientation and allow a more favourable consolidation of landscaped area on the site.  Council’s Director of Asset & Infrastructure Services has advised that the documentation included with the application does not adequately address groundwater issues on the site and further testing is required.

 

The proposal fails to demonstrate design quality in terms of its natural and built form contexts and fails to satisfy the objectives of SEPP 65.

 

Principle 2:     Scale

 

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

 

Establishing an appropriate scale requires a considered response to the scale of existing development.  In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

 

The proposed building exhibits an excessive building bulk that is disproportionate with the site dimensions and other building forms within Ascot Street.  The proposed design comprises an unnecessarily expansive distribution of the building over the site, primarily the result of a simplistic block configuration.  The proposal fails to respond to the substantial opportunities afforded by the site’s favourable area, dimensions and topography to achieve a more broken up building configuration able to minimise the overshadowing and visual amenity impacts for neighbouring properties, maximise the ability of dwellings at the middle and rear of the site to benefit from the site’s favourable northern orientation and achieve a higher quality amenity and outlook for both dwellings and landscaped areas. 

 

The proposal fails to demonstrate design quality in terms of its scale and fails to satisfy the objectives of SEPP 65.

 

Principle 3:     Built form

 

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

 

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

 

The site has sufficient dimensions and area to allow a significant degree of   flexibility in the configuration of building forms within the applicable development standards.  The proposed design demonstrates a simplistic design based upon achieving the maximum density of dwellings at the expense of other design considerations.  The proposed design demonstrates little if any attempt to achieve a configuration of building forms over the site that optimise design quality in terms of building bulk and scale, daylight access, amenity, orientation, streetscape and the consolidation of quality landscaped areas. 

 

The proposal fails to demonstrate design quality in terms of its built form and fails to satisfy the objectives of SEPP 65.

 

Principle 4:     Density

 

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

 

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density.  Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.

 

The proposal seeks to achieve a relatively high density of dwellings on the site. While the site is in proximity to the Kensington Town Centre, it is considered that the proposed dwelling density is unacceptably high and is the result of an excessive gross floor area and a failure to provide a mix of dwelling types suitable to the locality. 

 

The proposal fails to demonstrate design quality in terms of its density and fails to satisfy the objectives of SEPP 65.

 

Principle 5:     Resource, energy and water efficiency

 

Good design makes efficient use of natural resources, energy and water throughout full life cycle, including construction.

 

Sustainability is integral to the design process.  Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

 

The proposed building configuration fails to adequately respond to the opportunities provided by the generous site size and dimensions for optimising the provision of solar access and natural ventilation to individual dwellings.  The proposal fails to provide sufficient modulation in building form across the site in order to achieve narrower building forms conducive to natural ventilation and sunlight access to both dwellings and landscaped areas. 

 

The proposal fails to provide an acceptable proportion of non-excavated landscaped area suitable for the natural infiltration of water runoff. 

 

The proposal fails to demonstrate design quality in terms of energy, resource and water efficiency and fails to satisfy the objectives of SEPP 65.

 

Principle 6:     Landscape

 

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

 

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways.  It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values.  It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

 

Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbour’s amenity, and provide for practical establishment and long term management.

The proposed landscape design fails to maintain the continuity of development within the Ascot Street streetscape.  The proposed configuration of communal open space and private courtyard areas within the front setback interrupts the pattern of continuous dwelling entries to the Street and is aesthetically uncharacteristic of the street context.

 

The proposed building form fails to optimise the consolidation of quality landscaped areas within the site.  This stems from the building’s excessive site coverage and lack of appropriate modulation across the site.  The proposal fails to provide an acceptable proportion of non-excavated landscaped area in accordance with the Council’s requirements.

 

The proposal fails to demonstrate design quality in terms of landscape and fails to satisfy the objectives of SEPP 65.

 

Principle 7:     Amenity

 

Good design provides amenity through the physical, spatial and environmental quality of a development.

 

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

 

The proposal entails substantial overshadowing and visual amenity impacts for neighbouring dwellings.  The proposed design fails to demonstrate adequate consideration of opportunities to achieve a building form that optimises the amenity of dwellings on the site and on adjoining properties.  The proposed building configuration comprises a continuous mass across the site and does not optimise the substantial opportunities afforded by the favourable site conditions to optimise the exposure of dwellings at the middle and rear of the site to the site’s northern orientation.  The simplistic building configuration also fails to optimise opportunities to maximise the quality of natural ventilation within dwellings. 

 

The proposal fails to provide sufficient storage space and does not adequately identify those dwellings suitable for barrier-free access in accordance with the Council’s requirements.  The proposal fails to demonstrate design quality in terms of amenity and fails to satisfy the objectives of SEPP 65.

 

Principle 8:     Safety and security

 

Good design optimises safety and security, both internal to the development and for the public domain.

 

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location, and clear definition between public and private spaces.

 

The upper levels of the proposed building enjoy an outlook over Ascot Street and Kokoda Memorial Park and facilitate casual surveillance of the public domain.  The proposed location of pedestrian building entries along the side of the building hinders the attainment of legible pedestrian access to the building and departs from the established pattern of dwelling entries within the streetscape.  The proposal would significantly benefit from the provision of individual dwelling entries or a single building entry on the Ascot Street frontage. 

The proposal fails to demonstrate design quality in terms of safety and security and does not satisfy the aims of SEPP 65.

 

Principle 9:       Social dimensions

 

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

 

New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

 

The proposal provides only one-bedroom dwellings and fails to provide an appropriate mix of dwelling sizes.   The site is of sufficient size to accommodate a range of dwelling sizes.  The site’s proximity to the Kensington Town Centre implies that as broad a mix of dwelling sizes as possible should be pursued for the site to ensure equitable access to transport, services and facilities.  The lack of dwelling mix undermines the ability of the proposal to meet a range of housing needs, promote equitable access to housing for different household types and assist in maintaining housing affordability within the locality.  The proposed one-dimensional nature of dwelling sizes significantly hinders the proposal’s ability to accommodate lifetime needs for occupants.  The proposed lack of dwelling mix is considered to be unacceptable in the local context.

 

The proposal fails to demonstrate design quality in terms of its social dimensions and fails to satisfy the objectives of SEPP 65.

 

Principle 10:   Aesthetics

 

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.  Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.

 

The proposed building fails to achieve quality aesthetics.  Principal areas of poor design quality include:

·    The bulk of the proposed building is excessive and results in an overbearing and inappropriate distribution of building form over the site;

·    The building form is excessive in scale and simplistic in design and fails to respond to desirable characteristics of the predominant building forms of the street and locality,

·    The proposed façade composition and external finishes are bland and overbearing and fail to respond to desirable elements within the surrounding built form context and fail to maintain an appropriate level of cohesiveness within the streetscape, and

·    The proposed front boundary treatment, entry portico, front setbacks and absence of ground floor dwelling entries to the street, which are inconsistent with the desirable elements of the established street context. 

 

The proposal fails to demonstrate design quality in terms of aesthetics and fails to satisfy the objectives of SEPP 65.

 

8.1  Policy Controls

 

a.    Development Control Plan – Multi Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 

site planning

P1  All development applications must be accompanied by a Site Analysis Plan which identifies development opportunities and constraints for the site.  The plan is to demonstrate that these factors have been instrumental in shaping the design of the proposed development.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Development sites have appropriate areas and dimensions to allow for the satisfactory siting of buildings and ensure adequate separation between buildings.

Building design is related to the size, shape and dimensions of the site.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S2  Sites are of a regular shape and have a frontage of at least 20m.

 

Does not comply

The proposal fails to demonstrate that it has adequately identified and responded to the opportunities and constraints presented by:

·   Site features and orientation;

·   Principles of ecologically sustainable development;

·   Form and style of existing buildings on the site and in the local area;

·   Solar access and access to ventilating breezes;

·   Microclimate;

·   Drainage, and

·   Access.

·   The proposal does not achieve the DCP’s objectives for site planning, as it fails to demonstrate that:

·   local site conditions, positive attributes, constraints and opportunities have been taken into account in the design of the development;

·   the relationship of the proposed development to adjoining development has been considered in the design process and negative impacts minimised, and

·   the design of the proposed development meets the lifetime needs of the community, including families, the elderly and people with a disability.

Refer to sections 6.4, 9.3.1, 9.3.2, 9.3.3, 9.4 and 9.5.

 

Does not comply

The site has a regular shape and a street frontage of 30.5m and satisfies the preferred solution of S2. However, the proposed building design fails to relate to the site’s shape, size and dimensions in a manner that satisfies the DCP’s objectives for site planning.

Refer to sections 9.3.1, 9.3.2, 9.3.3, 9.4 and 9.5.

building height

P1  Heights of walls, their location and orientation do not cause substantial adverse impacts on the streetscape or adjoining properties, particularly in relation to privacy, solar access and building bulk.

 

 

 

Does not comply

The proposal complies with the external wall height standard of the Randwick LEP 1998, however the simplistic configuration of the building, inappropriate street frontage and lack of variation in height across the site result in an excessive building bulk and substantial overshadowing impacts for adjoining properties.

 

P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on adjoining properties and the streetscape.

 

 

Does not comply

The proposal fails to vary the massing and height of development across the site in a manner that minimises overshadowing impacts on adjoining properties and achieves an appropriate building bulk within the streetscape.

BUILDING SETBACKS

Front  boundary setbacks

P1            The front setback is determined by the existing and desired character of the streetscape.

The setback is to be consistent with the setback of adjoining development or the dominant setback along the street.

 

 

 

 

 

 

Does not comply

The proposal fails to successfully identify and respond to desirable characteristics of the established streetscape.  The proposed front building setback is inconsistent with the setbacks of adjoining development and fails to maintain the continuity of built form within the streetscape. 

Refer to section 9.2.

 

 

Side boundary setbacks

P2  Buildings are set back from the side boundary to ensure that:

             there is adequate separation between buildings to maintain reasonable levels of solar access and minimise overshadowing.

             reasonable levels of privacy between neighbouring dwellings and their open spaces are provided.

             opportunities for landscaping and private open space are provided.

             streetscape amenity is maintained.

 

S2  Zone 2C

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 5 metres from any side boundary.

No part of the building is closer than 3.5 metres from any side boundary. 

The maximum length of any one section of wall (without any articulation) is 10 metres.  The minimum length of any step is 3 metres.

 

 

Eastern side– Ground floor

Complies

             Average setback – 5.9m

             Minimum setback - 4.0m.

             Maximum length of unarticulated wall – 9.4m.

 

Eastern side– First & second floors

Complies

             Average setback - 5.4m

             Minimum setback - 4.0m.

             Maximum length of unarticulated wall – 8.3m.

 

Western side– Ground floor

Does not comply

             Average setback - 6.0m.

             Minimum setback - 4.0m.

             Maximum length of unarticulated wall – 12.0m.

 

Western side– First & second floors

Complies

             Average setback – 5.6m Minimum setback - 4.0m.

             Maximum length of unarticulated wall - 8.3m.

 

 

Rear Boundary Setbacks

P3            Buildings are set back from the rear boundary to ensure that:

             there is adequate separation between buildings to maintain reasonable levels of solar access and minimise overshadowing.

             reasonable levels of privacy between neighbouring dwellings and their open spaces are provided.

             opportunities for landscaping, communal recreation facilities and outdoor clothes drying spaces are provided.

 

Buildings are built across a site rather than down its length.

            

 

S3  Zone 2C

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 8 metres from the rear boundary.

No part of the building is closer than 6 metres from the rear boundary. 

The maximum length of any one section of wall (without any articulation) is 10 metres.  The minimum length of any step is 3 metres.

 

 

Ground floor

Does not comply

             Average setback  - 8.9m.

             Minimum setback – 7.6m.

             Maximum length of unarticulated wall – 18.5.

 

First  & second floors

Does not comply

             Average setback  - 7.4m.

             Minimum setback – 5.8m.

             Maximum length of unarticulated wall – 18.5m.

Refer to Section 9.2.

 

 

 

 

 

The proposed building extends along much of the site’s length, leading to an excessive building bulk.  The proposed building form and configuration are simplistic and fail to optimise opportunities to break up the building’s mass, optimise opportunities for natural ventilation and daylight access to dwellings and consolidate quality landscaped areas at ground level.

 

 

General

P4            The provision of eaves, window hoods and other sun-shading or weather protection devices demonstrates that no significant adverse impact on adjoining properties will occur.

 

 

S4  Eaves, window hoods and other sun-shading or weather protection devices may encroach no more than  25% of the Preferred Solution for the building setback at that point.

 

 

Complies

DENSITY

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

 

Does not comply

The proposed building bulk is excessive and disproportionate with the streetscape and other development in the locality.

Refer to Section 9.5.

 

FENCES

P1            Front fences integrate with the local streetscape, complement the architectural design of the building and fence design features of the locality.

Entrances to the site and buildings are highlighted.

Planting is used to soften impacts of front fences and provide additional privacy.

 

S1  Solid front fences facing the street are no higher than 1.2 metres. This may be increased to 1.8 metres where the fence has openings that make it at least 50 % transparent.

 

Does not comply

A 0.6m high planter bed and 0.9m high retaining wall are proposed for the site’s Ascot Street frontage.  The proposed planter bed runs along the entire frontage without interruption.  The proposed boundary treatment is inappropriate as:

             the proposed planter bed and fence does not provide for individual entries to the street for ground floor units fronting Ascot Street and fails to maintain the rhythm and pattern of openings into the street established by the existing buildings on the site and the adjoining terrace houses to the east;

             the style of fence, comprising an unbroken line of planter bed, does not match other fence styles within the street, and

             the proposed entry portico is singular in character and is a feature not incorporated by other development in the street.

 

LANDSCAPE & private OPEN SPACE

Landscaped Area

P1   Landscaped areas are of sufficient size to enable the space to be used for  recreational activities, or be capable of growing substantial vegetation.

 

 

P2  Landscaped areas around flat buildings are treated as communal open space for use by all residents of development.  Common open space is not divided up and allocated to individual dwellings within a development to the exclusion of other users on upper levels.

 

 

S1  The minimum dimension for an area of land included in calculations for the  landscaped area requirements is  2 metres.

 

Complies

Landscaped areas and terraces to the front, rear and sides of the proposed building have dimensions greater than 2m.

 

 

Complies

The proposal provides a mix of communal open space and private open space at ground level. 

 

 

Private Open Space

P3            Private open space:

             provides privacy for its users;

             is readily accessible from the main living areas of the dwelling so that it can become an extension of the dwelling,

             provides opportunities for outdoor recreation and living.

 

P4            Private open space may only be provided between the front of the building and the street where building setback and front fence design achieve a sympathetic relationship with the street.

 

 

 

Complies

Private open space areas are provided to all ground floor units.  The areas are directly accessible from internal living areas and are of sufficient size and dimensions to provide outdoor recreation and living opportunities.

 

 

 

 

 

Does not comply

The provision of private open space within the street frontage is appropriate in the street context, however the proposed frontage treatment and configuration of communal open space and  private courtyards within the front setback is out of character with the established pattern of ground floor dwelling entries along the southern side of Ascot Street.

 

Flats and apartments

P6  Each dwellings has access to an area of private open space in the form of a courtyard, balcony, deck or roof garden, accessible from within the dwelling.

 

 

S6  Private open space for flats and apartments has a minimum area of 8m2 and a minimum dimension of 2 metres.

 

 

Complies

The proposal also provides private courtyards to each of the ground floor units. Substantial balcony areas are to be provided off the living rooms of all proposed first and second floor apartments.  All proposed courtyards and balconies have minimum areas and dimensions sufficient to satisfy the numeric requirements of S2.

 

PRIVACY

Visual Privacy

P1  Windows and balconies of main living areas are located to avoid overlooking of similar windows in adjoining dwellings and areas of private open space (whether part of the development or on adjoining properties).

 

 

 

P2  Private open space design and location ensure privacy.

 

Acoustic Privacy

P3  Building layout and design minimises transmission of noise.  Development is designed to separate “quiet areas” such as bedrooms from common recreation areas, parking areas, vehicle access ways and other noise generating activities.

 

 

 

S1  Where there is a horizontal separation of less than 10 metres between windows, they should be offset, angled or screened to reduce potential privacy impacts.

A sill level of 1.6 metres above floor level provides satisfactory protection for overlooking.

 

 

 

 

 

S4  Walls and floors between dwellings are constructed in accordance with the requirements of the Building Code of Australia regarding sound transmission and insulation.

 

 

Complies

Refer to Section 9.3.2.

 

 

 

 

 

 

 

 

Complies

 

 

 

 

Complies

 

VIEW SHARING

 

P1  The design and location of buildings takes existing topography, vegetation and surrounding development into account as a basis assessing effect on view.

 

 

 

 

P2  Development minimises effects on views and demonstrates steps that have been taken to mitigate view loss, in particular view loss of significant features such as the ocean, coastline, nearby open space areas and significant landmarks or buildings.

 

P3  Buildings and dwellings are aligned to maximise view corridors between buildings.

 

 

 

 

 

Does not comply

The subject site forms a substantial proportion of the Ascot Road streetscape and a backdrop to views towards Ascot Street from Kokoda Memorial Park and across the park from Goodwood Street to the north.

Refer to Section 9.3.3.

 

Complies

The proposal will not reduce significant views enjoyed from adjoining properties.

 

 

 

 

 

 

 

 

Not applicable

SOLAR ACCESS AND ENERGY EFFICIENCY

Solar Access to Neighbouring Properties

P1  The design, orientation, siting and siting of new buildings and landscaping minimises loss of solar access to neighbouring properties.

 

 

 

 

 

P1.1   Solar access to existing solar collectors on adjacent buildings is maintained between 9am and 3pm each day, throughout the year.

 

P1.2  Living areas of neighbouring dwellings do not have access to sunlight reduced to less than 3 hours per day.

 

P1.3  At least 50% of the principal landscaped areas of neighbouring dwellings does not have access to sunlight reduced to less than 3 hours per day.

 

 

 

 

Does not comply

The proposed building design displays an excessive bulk and simplistic distribution of building form across the site that fails to minimise the loss of solar access to the open space areas of neighbouring properties.

Refer to Section 9.3.1.

 

Complies

The proposal does not inhibit solar access to any existing solar collectors on adjacent buildings.

 

 

 

Does not comply

Refer to Section 9.3.1.

 

 

 

 

Does not comply

Refer to Section 9.3.1.

 

 

Building Layout, Design and Construction

P4  Buildings and outdoor spaces are designed to protect from prevailing strong winds and adverse weather conditions.

             Living areas are orientated to the north with access to winter sun and summer shade.

             Larger windows are located on the north side where they are exposed to the lower winter sun, but can be shaded by roof eaves, verandahs or balconies from high summer sun.  Windows are protected with effective shading devices such as verandahs, hoods and external screens.

 

P5  Buildings have an area of roof with appropriate orientation and pitch, suitable for the installation of solar collectors.

 

 

 

 

 

 

P7  Adequate space is provided for outdoor clothes drying.

 

 

 

 

S4  75% of dwellings in a development achieve 3.5 star rating by NatHERS or equivalent and no dwelling achieves less than 3 stars, unless the site analysis can demonstrate that this is not achievable on a particular site and an Energy Performance Statement demonstrates that the design of the dwelling units satisfies the intent of these objectives and performance criteria.

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

 

S5  Adequate roof area should be provided facing between 45 degrees east and 45 degrees west of north, and a slope between 15 and 55 degrees to the horizontal is provided for the installation of solar collectors.

 

 

Does not comply

The proposal satisfies the preferred solution of S4.  Sixteen of the proposed 24 dwellings achieve a NatHERS rating of 4 stars or higher.  The remaining eight dwellings achieve a rating of 3.5 stars.

The proposed building configuration is simplistic and fails to take advantage of opportunities to maximise the northern orientation of dwellings on the site.  While meeting the preferred solution of S4, the proposal fails to fully satisfy the performance requirements of P4.

 

 

 

 

 

 

 

Does not comply

The proposed building exhibits a flat roof design that fails to provide opportunities for the provision of solar collectors in accordance with the preferred solution of S5.

 

 

 

 

Complies

Adequate space for outdoor clothes drying is provided within private courtyards and balconies for each dwelling.

SAFETY AND SECURITY

P1  Building and landscaping design allows casual surveillance of footpaths and driveways.

 

 

P2  Approaches to the site and the entries of each dwelling are visible from within that dwelling.

 

P3  High walls and parking structures which obstruct views into the development are avoided.

 

P4  Resident car parking are equipped with security grilles or doors.

 

 

 

P5  Visitor parking spaces are clearly identifiable and located to facilitate surveillance by some units.

 

P6  Visitor entry to all units and internal common areas is controlled by intercom and remote locking systems.

 

Complies

Windows and balconies overlook street and entry areas, and no front fencing is proposed allow surveillance.

 

Complies

 

 

 

 

Complies

 

 

 

 

Complies

The provision of a security roller shutter with intercom system to the basement car park can be required as a condition of development consent.

 

Not applicable

All on-site parking is to be located and secured within the proposed basement car park.

 

Complies

The provision of remote locking systems can be required as a condition of consent.

 

PARKING

P1  Garages and parking structures are sited and designed to not dominate the street frontage by:

             minimising frontage width;

             ensuring that the form, materials and detailing complement the associated building;

             being excavated or setback further from the street than the associated building.

 

P2  The design of parking areas gives consideration to the need to provide parking spaces capable of use by people with a disability.

 

 

 

P3  Accessible, safe and secure storage for bicycles are provided.

 

Complies

All parking is provided at a basement level with a single entry point from the Ascot Street frontage.

 

 

 

 

 

 

 

 

 

 

Does not comply

The proposal is required to provide one car space designed for people with a disability.  A lift provides access between the basement car park and the fifteen  units at the rear of the building.

Refer to Barrier-Free Access.

 

Complies

A bicycle storeroom is proposed within the basement car park.

DRIVE-WAYS AND turning AREAS

P1  Site planning and building layout minimise the amount of driveways and manoeuvring areas.

 

P2  Vehicles are able to enter and leave the site in a forward direction at all times.

 

 

 

 

 

P3  The alignment of driveways and access roads is varied to create visual interest and avoid a ‘gun barrel’ effect.

 

P4  Clearance between boundaries and driveways, access ways and parking spaces is of sufficient width to enable landscaping and screen planting.

 

 

 

P5  Surface materials and external finishes are consistent and compatible with those used throughout the development.

 

 

 

 

P6  Driveway gradients are designed for vehicle and pedestrian safety.  Potential for vehicles to scrape at gradient changes is avoided.

 

 

 

 

 

 

S2  Parking layout ensures that vehicles are able to enter parking spaces in a single turning movement and leave the space in no more than 2 turning movements.

 

S3  Long sections of driveways provide passing bays to allow for access and circulation of vehicles.

 

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

 

 

 

 

 

S5  Large expanses of uncoloured concrete are to be avoided.

 

 

 

 

 

S6  Driveway gradients do not exceed 1 in 6.  For long ramps (greater than 20 m) a maximum gradient of 1 in 5 can be used with suitable transition grades as outlined in Council’s Parking DCP.

Complies

 

 

 

 

Complies

 

 

 

 

 

 

 

 

Complies

Passing bays are not required due to length of proposed driveway.

 

 

Does not comply

The proposed driveway width is 3.5m wide (5.0m wide for first 5.0m into the site) and is satisfactory.  However, the driveway is set back only 0.5m from the western side boundary and provides insufficient space for landscaping along this section of the boundary.

 

Complies

Driveway will be required to be constructed of a suitable permeable brick paving or similar material to allow stormwater to infiltrate into the ground in accordance with the advice of Council’s Director of Asset & Infrastructure Services.

 

Complies

STORAGE

P1  Development provides for readily accessible and separately contained storage areas for each dwelling.

S1  10m² of storage space is provided for each dwelling with a minimum clearance height of 2.1m.

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

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

Does not comply

The preferred solution of S1 requires the provision of storage space for 24 dwellings.  The proposal includes separate storage areas within the basement car park for eighteen dwellings only.  These range in size from 1.3m² to 2.7m².  No designated storage space is provided within the proposed dwellings.  The proposal fails to satisfy the performance requirement of P1 and the DCP’s objective for storage.

 

 

BARRIER-FREE ACCESS

P1  Design must address the provision of access for people with special access needs.

 

 

P2  Access for people with a disability is provided to and within one dwelling at the following rates:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3

 

 

 

P3  Each dwelling that is designed for people with a disability has a corresponding parking space designed for people with a disability.

 

 

 

 

 

 

P4  All development which provides a passenger lift provides access for people with a disability to all common foyer and parking areas.

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

Complies

 

 

 

 

Does not comply

The proposal contains 24 dwellings and is required to provide at least one dwelling designed to provide access for people with a disability.  The proposal does not identify a dwelling designed for barrier-free access and does not demonstrate compliance with P2 or the DCP’s objectives for barrier-free access.

 

Does not comply

The proposal is required to provide at least one on-site parking space designed for people with a disability.  A designated disabled space is provided within the basement car park, however this also doubles as the designated car wash bay and is of insufficient dimensions to satisfy P3. 

 

Complies

The proposal includes lift access between the basement car park and the fifteen dwellings located on the ground, first and second floors at the rear of the building. 

UTILITIES/ SITE FACILITIES

P7  An internal laundry is provided in each dwelling.

 

Complies

WASTE

P1  Waste collection and separation facilities are provided for each dwelling.

 

 

P2  Waste storage facilities are provided either as a centralised garbage/recycling room accessible to garbage compactors or in a facility where bins can be easily wheeled to the street for collection.  The facilities are of a sufficient size to meet the needs of the dwellings and the garbage /recycling collection service.

 

P3  The location and design of waste collection facilities complements the design of the development and is not visually obtrusive in the streetscape or from any public places.

S1  Each dwelling has a waste storage cupboard in the kitchen sufficient to enable separation of recyclable material.

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Complies

The provision of waste storage cupboards can be required as a condition of consent.

 

 

Complies

The proposal includes a garbage/recycling room within the basement car park.  The storage room provides sufficient storage for 24 x 240L bins.  The applicant has undertaken that an appointed caretaker will wheel bins to and from the garbage/recycling room and the kerbside collection point.

 

 

Complies

The proposed garbage/recycling room will not be visible from the street.

HERITAGE

P1  The design and construction of new development:

             complements the architectural character of any adjacent heritage item or the important characteristics of the heritage conservation area;

             does not dominate or overwhelm a conservation area or a particular heritage item in terms of its scale and proportions;

             retains the identified significance of the heritage item and/or heritage conservation area;

             pays particular attention to the nature of design elements;

             complements but does not mimic the design features of the heritage item.

 

P2  In any development adjacent to or in the vicinity of heritage buildings, the significance and visual prominence of the heritage buildings is respected.

 

 

Complies

The proposal is not located within a heritage conservation area and does not adjoin any heritage items.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

The proposal is in proximity to a row of eight heritage-listed  single-storey Federation terrace houses on the eastern side of Doncaster Avenue.  These extend south from the Ascot Street intersection.  The Kensington Public School contains a number of buildings of heritage significance and is located south of the site on the corner of Bowral Street and Doncaster Avenue.

 

 

b.             Development Control Plan - Parking

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

Car Parking

(a)            Number of spaces

 

 

 

 

 

 

 

 

(b) Parking layout

 

 

 

 

(c) Bicycle Storage

 

 

1 space per dwelling

(24 spaces)

 

1vistor space per 4 dwellings

(6 visitor spaces)

 

TOTAL SPACES REQUIRED = 30

 

 

 

 

 

 

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

(10 bicycle spaces)

 

24 spaces

 

 

6 spaces

 

 

 

30 SPACES

 

 

Unenclosed spaces 2.5m x 5.5m minimum

End bay spaces 3.0m x 5.5m minimum.

 

Common storeroom provided for units within basement car park that may be used for bicycle storage.

 

 

Complies

 

 

Complies

 

 

 

Complies

 

 

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       Randwick LEP 1998

 

            9.1.1    Landscaped Area

     

Clause 31(2) of the LEP 1998 requires a minimum of 50% of the site area to be provided as landscaped area.  Clause 31(3) of the LEP 1998 requires that areas over podiums or excavated basement areas must not exceed 50% of the landscaped area requirements. 

 

The application drawings do not provide sufficient dimensions to verify the applicant’s landscaped area calculations.  Manual calculations undertaken as part of the assessment indicate that the landscaped area provided in the proposal is 689.8m² or 53% of the site area (compared to 733.7m² or 55% of the site area as stated in the application).  On the basis of the manual calculations, the proposal complies with Clause 31(2).

 

The manual calculations indicate that the amount of proposed landscaped area not located over podiums or excavated basement areas is 317.7m² or 48% of the landscaped area requirements (compared to 338.5m² or 51% of the landscaped area requirements as stated in the application).  On the basis of the manual calculations the proposal fails to comply with the development standard of Clause 31(3).  Council is unable to approve the development proposal without obtaining either verification of the proposal’s compliance with Clause 31(3) or approving an appropriate SEPP 1 objection to justify the non-compliance.

 

9.1.2    Floor Area

 

Clause 32 of the LEP 1998 establishes a maximum FSR for the site of 0.9:1 (or a gross floor area of 1,189.1m²).  The proposed development exceeds the LEP’s development standard and the applicant has submitted an objection to the strict compliance with the standard pursuant to SEPP 1.

 

The SEPP 1 objection submitted with the application is based on a stated FSR for the development of 1.05:1 (or a gross floor area of 1,396.6m²).  Manual calculations based on the application drawings estimate the proposed FSR to be 1.17:1 (or a gross floor area of 1,544.2m²).

 

The SEPP 1 objection submitted with the application argues that strict compliance with the FSR standard is both unreasonable and unnecessary in the circumstances of the case on the following grounds:

 

SEPP 1:       The proposed development is of a height, size, bulk and external appearance that are in keeping with the multi-unit housing in this locality.  The proposed building has been designed to relate to the scale and desired future character of the locality and to maintain the existing pattern of street setbacks.

 

Response:    The proposal does not display a height, size, bulk or external appearance that are in keeping with residential building forms in the locality.  The surrounding streets exhibit a number of building types and styles.  The proposal fails to maintain the rhythm, pattern or proportions of façade compositions and dwelling entries within the Ascot Street streetscape, despite the fact that this could be readily achieved through the use of a more sympathetic design approach.  The resulting external appearance is singular in character and exhibits poor design quality in terms of attaining an appropriate development fit within the streetscape. 

 

The proposed building design is simplistic and does not reflect the opportunities available on the large site to distribute building mass across the site in a manner that would achieve a more suitable standard of design quality.  As a result, the proposed building bulk and scale are excessive and out of proportion with the site area and dimensions when compared to other development in Ascot Street and the locality. 

The excessive scale is readily apparent across the site when viewed from street level.  The simplistic building form unnecessarily constrains the proposal’s ability to optimise amenity for both potential occupants of the proposed building and neighbouring dwellings.

 

The proposal fails to maintain the established pattern of front setbacks along the southern side of Ascot Street.  The proposed front setback and boundary treatment are singular in character, interrupt the established pattern of individual dwelling entries to Ascot Street and fail to correspond with other developments in the streetscape.

 

SEPP 1:        The proposal is a contemporary design that features parapet walls and a flat roof, thereby creating a building that is lower in height than adjacent residential flat buildings including those immediately adjoining to the west and to the rear.  It is considered to provide an appropriate built form that provides a building of dimensions and massing that is generally wider but lower in height than other residential flat buildings in the immediate locality.  The proportion of the site to be landscaped exceeds the requirements of Council’s DCP – Multi-unit Housing.

 

Response:   The proposed building design and mass are out of character with other building forms in the Ascot Street streetscape.  Manual calculations carried out as part of the assessment indicate that the proposal does not include the required proportion of non-excavated landscaped area.

 

SEPP 1:        The proposed development has been sited to protect, as far as practicable, the privacy and solar access of adjoining buildings.  The orientation of dwellings, location of windows and proposed landscaping all serve to minimize loss of privacy between adjacent dwellings.  Similarly, the amount of shadow caused by the proposed development is not considered to be significant given that much of the shadow falls within the subject property with only limited shadow impacts on adjacent residential properties.  Only two adjoining buildings will be affected by shadowing from the proposed development, details of which are contained in the shadow diagrams and Statement of Environmental Effects submitted with the development application.

 

Response:   The proposed building design does not, as far as practicable, protect the privacy and solar access of adjoining properties.  While the potential privacy impacts of the proposal are considered to be acceptable, the proposed building design implies a degree of overshadowing and aesthetic intrusion for adjoining properties that is unnecessary given the substantial opportunities for sensitive site planning afforded by site’s favourable size, dimensions and topography. 

 

The proposed building will significantly increase levels of overshadowing to the principal open space areas of adjoining properties.  While some increase in the degree of overshadowing may reasonably be expected from the redevelopment of the site, it is considered that the proposed design has failed to adequately respond to the site opportunities in a manner that reduces the amenity impacts for the neighbouring properties.

 

SEPP 1:        Accordingly, notwithstanding exceedence of the FSR standard, the proposal satisfies the objectives of the FSR standard contained in the planning instrument.  In the circumstances of the case, the SEPP No. 1 Objection for the FSR non-compliance is considered to be well founded.

 

Response:   The stated purpose of the FSR standard is:

 

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

 

The proposed FSR is the result of a simplistic building design that fails to adequately respond to the opportunities for sensitive site planning and quality design afforded by the site’s favourable size, dimensions, topography and orientation.  The proposal exhibits a building bulk that is excessive in the street context and implies and undesirable level of overshadowing and visual intrusion for neighbouring properties.  The proposal does not represent a reasonable level of development and does not satisfy the FSR standard’s purpose.  The SEPP 1 objection is not well founded and the proposed non-compliance with the FSR standard is not supported.

 

9.2       Building Setbacks

 

The proposed building fails to comply with the front, side and rear boundary setback requirements of the Multi-Unit Housing DCP. 

 

The proposal fails to provide a front setback that is consistent with either the setback of adjoining development or the dominant setback along Ascot Street.  The proposed front setback and frontage treatment are inconsistent with the desirable elements of the established street context and are unacceptable.

 

The western side elevation of the proposed building does not comply with the articulation requirement of the Multi-Unit Housing DCP’s preferred solution.  While it is considered that the proposed building provides suitable articulation along the side boundary setbacks in accordance with the DCP’s provisions, the configuration of the building, which comprises a continuous building form down the length of the site, is considered to be unacceptable in the circumstances.

 

The proposal does not satisfy the DCP’s performance requirements for rear boundary setbacks.  The rear elevation of the proposed building fail to achieve an adequate level of articulation.  The first and second floors of the building also fail to satisfy the numeric requirements of the Multi-Unit Housing DCP’s preferred solutions for minimum average setback and minimum setback.  The proposed setbacks for the first and second floors of the building are considered to be unacceptable in the circumstances as the non-compliance increases the level of overshadowing for adjoining properties and add to the perceived excessive bulk of the building.

 

9.3       Amenity Impacts

 

The proposal displays a building bulk that is excessive in the streetscape context and entails an unnecessary degree of aesthetic intrusion for adjoining properties.  The excessive scale and bulk of the proposed building is the result of a simplistic design that fails to adequately respond to the site qualities.  While the proposed building configuration maintains acceptable levels of privacy for adjoining properties, it entails an unnecessary degree of aesthetic intrusion for adjoining properties.  The proposed building configuration also fails to take advantage of opportunities provided by the site’s favourable area, dimensions, topography and orientation to maximise the internal amenity of dwellings at the middle and rear of the site and to maximise the consolidation and quality of landscaped areas on the site.  In the circumstances, the proposed building bulk and configuration do not adequately respond to opportunities to protect the amenity of adjoining properties, the streetscape, or maximise the amenity of new dwellings.

 

9.3.1    Overshadowing and Sunlight Access

 

The application includes shadow diagrams for 9.00am, 12.00 noon and 3.00pm on 21 June.  The diagrams do not describe the existing extent of overshadowing of the adjoining properties, however it is apparent that the proposal will reduce the level of daylight access to the internal living areas to the rear of the existing dwelling at No. 6 Ascot Street to substantially less than 3 hours per day in mid-winter. 

 

The submitted shadow diagrams do not appear to be measured from the correct points of reference on the proposed building.  The drawings fail to take into account the overshadowing impacts of the proposed balconies and, as such, understate the extent of likely overshadowing.  On this basis, it is apparent that daylight access to the internal living areas of dwellings at the rear of No. 14 Ascot Street will be reduced to less than 3 hours per day in mid-winter.

 

The submitted shadow diagrams indicate a substantial increase in levels of afternoon mid-winter overshadowing for the principal open space areas of adjoining properties at No. 4 and 6 Ascot Street and properties to the south and south-east of the site.  The proposal entails a substantial increase in morning mid-winter overshadowing for the rear communal open space of No. 14 Ascot Street and properties to south and south-west fronting Bowral Street. 

 

While some increase in overshadowing may reasonably be expected from redevelopment of the subject site, it is considered that the extent of additional overshadowing provided by the proposed development is not justifiable and results from an excessive building bulk and a poor quality building configuration that fails to adequately respond to the site dimensions.

 

9.3.2    Privacy and Overlooking

 

In general, the proposal provides for reasonable levels of visual and acoustic privacy for the internal living areas and private open space areas of the proposed dwellings and those on the adjoining properties.  The internal layout of the proposed building groups and separates noisy and quiet spaces sufficiently to provide for adequate levels of acoustic privacy between dwellings.

 

Ground Floor

 

Windows attached to internal living areas in the ground floor units at the front (northern end) of the proposed building are oriented towards Ascot Street and do not directly overlook any living areas or private open space areas on the adjoining properties.  Side windows for the front ground floor units are limited in size and are attached only to secondary uses within the dwellings.  These windows are separated from the side boundaries by a minimum of 4.0m and entail no unreasonable privacy impacts for adjoining properties. 

 

Side windows for the middle ground floor units are attached to living areas, however these are set back from the side boundaries by between 7.1m and 7.8m and are sufficiently separated from the side boundaries to avoid any unreasonable privacy impacts for the adjoining properties.

 

Ground floor units at the rear (southern end) of the proposed building include windows attached to living areas oriented to the side and rear boundaries.  The proposed side windows are oriented towards existing open space areas at the rear of No. 6 Ascot Street and a communal driveway and parking area at the rear of No. 14 Ascot Street and do not entail any unreasonable privacy impacts for these properties.  Rear-facing windows are sufficiently separated and screened to avoid any unreasonable impacts for adjoining premises to the south.

 

First and Second Floors

 

Windows attached to internal living areas in the first floor units at the front (northern end) of the proposed building are oriented towards Ascot Street and maintain the visual privacy of the adjoining buildings.  The proposed balconies provide opportunities for overlooking of the adjoining properties, however these are adequately set back from the side boundary to avoid any unreasonable levels of overlooking.   Side windows for the first and second floor units repeat the pattern of the ground floor units and are limited in size and are attached only to secondary uses within the dwellings.

 

Side windows and balconies for the middle first and second floor units are attached to living areas, however these are sufficiently separated from the side boundaries to avoid any unreasonable overlooking of the adjoining properties.

 

First and second floor units at the rear (southern end) of the proposed building include windows attached to living areas and balconies oriented to the side and rear boundaries.  These are sufficiently set back from the boundaries to avoid any unreasonable impacts for adjoining premises to the south.

 

9.3.3    Views

 

The proposal does not interrupt any significant views from adjoining properties.  However, the subject site occupies a substantial proportion of the backdrop to views towards Ascot Street from Kokoda Memorial Park and across the park from Goodwood Street.  The proposal’s excessive building bulk and failure to achieve an acceptable fit within the street context will cause it to be a significant and undesirable element of these views.

 

           

9.4       Building Design, Materials and Appearance

 

The existing built form character of Ascot Street is dominated by a substantially intact row of single-storey Federation terrace houses and bungalows on the southern side of Ascot Street.  The pattern is interrupted by the three-storey pre-WWII flat building adjoining the site at No. 14 Ascot Street.  A 1960s-1980s walk-up flat building is located west of the site on the northern side of Ascot Street.  The street is framed at either end by Doncaster Avenue, which contains a variety of housing types including a number of heritage listed Federation terraces, and Anzac Parade, which contains a row of two-storey Victorian terrace-style shops extending south from the Ascot Street corner.  These are identified by the Kensington Town Centre DCP as being contributory to the Town Centre’s character. 

 

The resulting building is singular in character and highly distinctive within the street context for its excessive bulk, simplistic design and unrepresentative façade composition.  The proposal exhibits poor design quality in the following areas:

·    The proposal fails to maintain the established rhythm and pattern of individual dwelling entries from the street;

·    The proposed front building setback fails to maintain continuity of the established built form within the street;

·    The location, size and pattern of windows within the front façade is singular in character and does not indicate any attempt at continuity with established buildings within the street;

·    The style, pattern and proportions of proposed façade elements, including columns, balustrades and balcony widths fails to maintain continuity with the established built form character of the street.

 

While the proposal represents a new building type for the site, it nevertheless fails to adequately identify and respond to the desirable elements of the existing street character and pattern of development within Ascot Street and the surrounding locality.  The proposed building is unacceptable in this regard.

 

9.5       Building Bulk and Scale

 

The proposed building bulk and scale are excessive and disproportionate to the site size and dimensions.  The proposed building design is simplistic and implies a design approach based largely on achieving a maximum dwelling density at the expense of design quality considerations.  The resulting building form displays a bulk and scale that is distributed across the site in a crude manner and that results in an excessive visual bulk when viewed down the site and within the street context. 

 

The proposed building form implies a poor level of site analysis to determine the most appropriate means to achieve the Multi-Unit Housing DCP’s aims for amenity, sustainability and visual appropriateness.  The subject site exhibits no substantial above-ground design constraints and displays an area, dimensions, topography and orientation that are favourable to sensitive site planning and quality design.  The proposed building form fails to respond to opportunities to achieve a configuration that more effectively provides for dwelling amenity and the creation of quality landscaped areas within the site.  The proposed scale of the building is excessive and entails an unnecessary degree of overshadowing and aesthetic impacts for adjoining properties.  The proposed bulk and scale are unacceptable in the circumstances.

 

10.  CONCLUSION

 

The proposal represents an overdevelopment of the subject site and fails to adequately respond to opportunities for quality design afforded by the site’s favourable area, dimensions, topography and orientation.  The proposal is inconsistent with the desirable elements of the established streetscape context and entails unacceptable overshadowing and enmity impacts for the adjoining properties.

 

The proposal does not meet the requirements of the Randwick LEP 1998 regarding landscaped area and floor space and is inconsistent with a number of the requirements of the Multi-Unit Housing DCP.  The proposal fails to achieve design quality in accordance with SEPP 65.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 995/2002 for demolition of the three existing dwellings and the construction of a three storey multi-unit housing development containing 24 x one bedroom dwellings with associated basement car parking at 8-12 Ascot Street, Kensington for the following reasons:-

 

(a)  The proposed development fails to demonstrate design quality in accordance with the requirements of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development.

 

(b)  The proposed development fails to provide a sufficient amount of landscaped area not located above podiums or excavated basement areas in accordance with Clause 31(3) of the Randwick LEP 1998.

 

(c)  The proposed development entails a gross floor area that is in excess of the requirements of Clause 32 of the Randwick LEP 1998 and that is not justified under the terms of State Environmental Planning Policy No. 1 – Development Standards.

 

(d)  The proposed development fails to demonstrate an acceptable level of site analysis in accordance with the Council’s requirements.

 

(e)  The proposed development has not adequately addressed groundwater and flooding issues, or demonstrated that the proposal does not constitute integrated development.

 

(f)   The proposed development exhibits a building bulk and scale that is excessive and out of character with the surrounding built form context.

 

(g)  The proposed development entails unacceptable levels of overshadowing for neighbouring properties.

 

(h)  The proposed development does not comply with the objectives or requirements of the Council’s building setback provisions.

 

(i)   The proposed development entails unacceptable visual amenity impacts for the streetscape and neighbouring properties.

 

(j)   The proposal exhibits an unacceptably poor aesthetic quality that is undesirable and inconsistent with the streetscape.

 

(k)  The proposal fails to provide an appropriate mix of dwelling sizes suitable to the site and its context.

 

(l)   The proposal fails to meet the Council’s minimum requirements for the provision of barrier-free access.

 

(m) The proposed development does not provide adequate storage space in accordance with the Council’s requirements.

 


 

ATTACHMENT/S:

 

A4 reduced plans

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

WILLANA ASSOCIATES

 

 

 

 

 

 

 

 

 

 

No. 8 & 10 Ascot Street

 

No. 12 Ascot Street

 
 

 

 

Photomontage of the proposed development at No. 8-12 Ascot Street, Kensington.

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

23 June, 2003

FILE NO:

D/0400/2003

 

PROPOSAL:

 New front double garage including new front fence and new window

PROPERTY:

 12 Keith St, Clovelly

WARD:

 North Ward

APPLICANT:

 Cecil Pallis

 

 

 

 

 

 

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 Sullivan (Mayor), Tracey and Greenwood.

 

The estimated cost of the development is $15,000

 

The proposal was notified to adjoining and nearby property owners and one (1) submission was received.

 

The main issues regarding the proposal are the proposed location of the double garage forward of the building line and the proposal’s impact upon the appearance and character of the dwelling, surrounding dwellings and the local streetscape generally.

 

The recommendation is for refusal.

 

2.    THE PROPOSAL

 

The applicant is seeking an approval to construct new double brick cement rendered garage attached to the front of the existing dwelling with minor additions and alterations to the dwelling. The garage is to have a dimension of approximately 5.84m x 5.24m and is sited onto the southern side boundary and onto the street alignment.

 

It is also proposed to erect a new front fence up to 1.10m in height, install new windows and enclose the existing verandah opening.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Keith Street between Clovelly Road and Allan Avenue. The existing premises comprises a detached single storey brick dwelling with tile roof occupying an allotment which slopes slightly downwards from the north eastern corner to the south western corner. The surrounding area predominantly consists of single and two storey free standing and semi detached dwellings.

 

4.    SITE HISTORY

 

a.  APPLICATION HISTORY

 

-     Building application (LA 1151/94) to construct a garage sited onto the southern and eastern boundaries was refused by Council’s Health, Building and Planning Committee on 2 May, 1995.

-     Local Approval Application (LA 563/95) to construct a double garage setback at 900mm from the southern boundary and a Dutch gable was refused by Council’s Health and Building and Planning Committee on 1 August 1995.

-     Local Approval Application (LA902/1996) to erect a cement rendered double garage, new brick fence and enclose the existing verandah was refused under delegated authority on 3 December 1996.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified to adjoining property owners for a period of 14 days in accordance with clause 23 of the Randwick Local Environmental Plan 1998. One submission was received. In summary the objection from the owners of 16 Keith Street related to: -

 

*Traffic in Keith Street.

*There is no other precedent of a garage built to footpath except for No 4 Keith St.

*Adverse effect on streetscape.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

Under the Building Code of Australia, the classification of the proposed garage is Class 10 (a).

 

No objection is raised with respect to compliance with the

 

·        environmental health and building provisions of the Environmental Planning and Assessment Act 1979

 

·        provisions of the Building Code of Australia.

 

6.2  Engineering Issues

 

No objection is raised subject to imposition of engineering conditions and one (1) advisory condition.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

 (a)  Randwick Local Environmental Plan 1998

 

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

 

7.1   Policy Controls

 

The following Council policy controls apply to the proposed development:

 

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

b.   Development Control Plan –Parking

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

LANDSCAPING & OPEN SPACE

P1 Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

S1 40% of the total site area is landscaped.

 

S1  25m2 of useable private open space per dwelling.

 

S1 Minimum dimensions are 3m x 4m.

 

S1 Private open space is located behind the building line.

 

S6 20% of the site area is permeable.

Approximately 60% available landscape area on-site. Complies with preferred solutions and performance requirement.

 

 

 

 

 

 

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

2 bedroom =1 space

3bedroom = 2 spaces

 

 

P1 Are located and designed for convenience and safety.

·   enable the efficient use of car  spaces.

·   safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2 Do not breach the predominant building line.

 

 

 

P3 Do not detracts from the streetscape and is compatible with the dwelling.

 

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

 

P6 Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

·   Driveways have a minimum width of three metres and are set back at least 1 metre from the side boundary (max width 3m at boundary).

 

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

 

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

 

 

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

 

 

 

 

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

 

 

 

 

Comply with DCP- Parking. A double garage is available.

 

Complies with preferred solutions and performance requirements. 5.80m x 5.20m proposed.

 

Does not comply.

Driveway abuts side boundary.

 

 

 

 

 

 

Complies.

 

 

 

 

N/A.

 

 

 

 

Does not comply. Refer to section 8 of report.

 

 

 

 

 

 

 

Does not comply with preferred solution requirement. Approximately 52% of frontage proposed for garage.

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1   Garages & Driveway

 

The Performance Requirements of the DCP in relation to garages, carports, car parking areas and driveways include that:

 

“ Carports, garages and car parking areas are located and designed to:

 

·    Conveniently and safely serve users;

·    Enable the efficient use of car spaces and access ways, including adequate manoeuvrability for vehicles between the site and the street;

·    Not dominate or detract from the appearance of the development and the local streetscape;

·    Be compatible in scale, form, materials and finishes with the associated dwelling.”

 

The proposal does not satisfy the relevant performance requirements and applicable objectives under Section 4.7 Garages, Carports and Driveways of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies as the proposal will breach the predominant building alignment, and will dominate and detract from the appearance of the existing dwelling house and the local streetscape.

 

The double garage will be visually obtrusive and would add to the bulk and scale of the existing single-storey dwelling. Unless otherwise incorporated in the design of the dwelling, properties along Keith Street provide car spaces discreetly at the side of the dwelling except in the case of isolated exceptions, which is a single garage only at No 4 Keith Street.

 

Under the DCP- Dwelling Houses and Attached Dual Occupancies, a minimum preferred solution setback requirement of 0.9m from the side boundaries is also to be provided. The objectives of this control are to allow neighbours adequate access to natural light, daylight and fresh air and maintain the environmental amenity of the streetscape. No provision has been made for this setback.

 

It is to be noted that provision of a single hardstand car space is currently available on the subject property. Whilst the hardstand areas may not provide the weather protection sought, it is considered that the double garage if erected, could considerably impact on the streetscape. The erection of a double garage at the expense of streetscape amenity that has value for all residents is on balance unacceptable in the circumstance.

 

8.2   Fences

           

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

 

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

 

No objections are raised to the proposed masonry solid brick fence, which are approximately 0.80m to 1.10m in height.

 

9.     CONCLUSION

 

The proposal does not satisfy Council’s relevant assessment criteria and will have an unreasonable impact upon the streetscape.

 

The development is considered inconsistent with the aims and objectives of Randwick Local Environmental Plan. The intention of the objectives for the Residential 2 A zone in the Local Environmental Plan 1998 are to encourage the design of development to be in harmony and scale with surrounding development and, to preserve and enhance the residential amenity and character of the locality and adjoining residences. The proposal will create an undesirable precedent and also impact on the character of the area. It would add to the bulk and scale of the existing single storey dwelling and adversely impact the amenity of adjoining/surrounding properties.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.D/0400/2003 for new front double garage including new front fence and new window at 12 Keith Street, Clovelly for the following reasons: -

 

1.       The proposal does not meet the relevant preferred solutions and the relevant performance requirements or objectives under Section 4.7 Garages, Carports and Driveways under Development Control Plan – Dwelling Houses and Attached Dual Occupancy in that the proposal will detract from the appearance of the dwelling and the streetscape and breach the predominant building alignment

 

2.       The proposed double garage is visually obtrusive, out of keeping with the streetscape and will adversely impact upon the amenity of the adjoining premises.

 

3.       The proposal will create an undesirable precedent and negatively impact to transform the character of the streetscape.

 

ATTACHMENT/S:

 

A4 Configurations

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

IDALY YAP

ACTING DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

15 July, 2003

FILE NO:

03/00260

 

PROPOSAL:

 Section 82A Review of conditions of consent relating to enclosing the footpath dining area

PROPERTY:

 196-204 MAROUBRA ROAD, MAROUBRA

WARD:

 Central Ward

APPLICANT:

 Mr J AJAKA

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Council meeting for determination at the request of Councillors Freda Backes, Chris Bastic and Dominic Sullivan.

 

The subject application is for a Section 82A review of conditions of consent deleting a restaurant enclosure over an existing footway dining area.

 

The assessment of the application reveals that the proposed enclosure is inconsistent with the provisions of the Maroubra Junction Commercial Centre DCP, the Footway Restaurant DCP and the draft Maroubra Town Centre DCP.

 

This is primarily because the proposed development would cause a significant physical obstruction to pedestrians and would be a visually obtrusive and dominant element in the streetscape that would set an undesirable precedent that is out of character with existing on-street dining along Maroubra Road.

 

The proposal was not notified to adjacent properties as the original application was notified and no objections were received.

 

The recommendation is for refusal of the application.

 

2.    THE PROPOSAL

 

A Section 82A review of several conditions of Development Consent No. 260/03 dated 19 May 2003 has been submitted to Council. The original application involved the following:

 

To install a demountable enclosure with timber decking floor on Council’s footpath in the area of the existing footpath dining area.

 

The proposed demountable sections cover an area approximately 9.50m long x 1.80m wide and 1.80m –2.10m high above the Council footpath level.

 

The current seating arrangement is for 2 tables and 8 chairs, the applicant wishes to increase the number of tables and chairs to 5 tables and 15 chairs.  The proposed hours for the footway dining will operate from Monday to Sunday 12:00pm (noon) to 3:00am.

 

The application was approved to increase the number of seats on the footpath only and the request for an extension of hours of operation of the outdoor dining area and to enclose the footpath dining area were prevented by way of conditions of consent. The applicant is requesting that Council review conditions preventing permission to erect the demountable structure. The conditions of concern are as follows:

 

2        The proposed demountable pavement platform and enclosure is to be deleted from the submitted plans, as the structure represents an obtrusive element on the footpath and does not encourage a lively pedestrian environment in the major town centre and public space. 

 

3        The operation of the premises shall not give rise to an environmental health nuisance to the adjoining/nearby premises or environment.

 

4        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.

 

5        The footpath within and adjacent to the outdoor seating area must be maintained in a clean condition, free from grease, foodstuffs, litter and waste materials at all times.

 

      The footpath must be cleaned thoroughly on a regular basis, in a manner that is environmentally satisfactory and waste receptacles (e.g. ash trays) must be provided within the area for customers.

 

7        The operation of the premises shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

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

 

9        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.

 

10      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.

 

11      The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority), to monitor compliance with the relevant standards of construction and Council’s development consent.

 

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

 

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

 

      Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s consent:

 

·      Sediment control measures.

 

·      Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

·      Maintenance of the public place free from unauthorised materials, sand, soil, debris, waste containers or other obstructions.

 

12      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.

 

13      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.

 

14      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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21      If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

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

 

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

 

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

 

The applicant submits that the above conditions should be reviewed for reasons outlined in section 9 Environmental Assessment below.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the ground floor within a multi level commercial/residential building that fronts Maroubra Road. The site is located on the northern side of Maroubra Road between Garden Street and Anzac Parade, Maroubra Junction.

 

  

 

Subject site showing existing outdoor    Subject site looking from the south west.

dining area.

 

  

 

View of Maroubra Rd near Anzac Pd   e          Outdoor dining enclosure on Anzac Parade.

showing other outdoor dining areas.

 

The site is currently used for the purpose of a restaurant. The adjacent site to the west is a real estate agent and the adjacent site to the east is a menswear store. Surrounding development in the area is predominantly commercial uses, including a variety of cafes and restaurants, which use the footpath for footway dining. There are no examples of enclosed dining areas on the footway along Maroubra Road, however one is located along Anzac Parade several hundred metres from the site.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A development application to use and enclose partially the existing footway seats and increase the hours of operation including the amount of chairs and tables was approved by Council on 19 May 2003. The approval, however, was for an increase in the number of chairs and tables only and the outdoor dining area and proposed hours to 3.00am were refused by conditions of consent.

 

5.    COMMUNITY CONSULTATION:

 

The proposal was not notified in accordance with the Local Environmental Plan 1998 as the original application had been notified and no submissions were made.

 

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 proposed demountable sections cover an area approximately 9.50m long x 1.80m wide and 1.80m –2.10m high above the Council footpath level.

 

The EPCD Dept is advised that the AIS Dept does not support the proposed enclosure and recommends refusal for the following reasons:

 

a)   The enclosure is not in the spirit of Council’s Policy/Objective for footpath dining which is to encourage a lively pedestrian environment in major town centres and public places.

 

b)   Fully enclosing the outdoor dining area could be considered as an extension of the actual restaurant floor space and not outdoor dining

 

Should the EPCD Dept consider approving the application they should address the following:

 

·    Times on when the structure is to be erected and disassembled as there are residents which live above the site and a late closing may generate noise at an unacceptable hour.

·    Whether a probationary period be implemented.

 

Should the application be approved the following conditions shall apply:

 

1)   The period of approval for the demountable enclosure shall be equivalent to the current period of the footpath license area and then the subject of its own development application every time the footpath license is to be renewed with Council.

 

7.    MASTER PLANNING REQUIREMENTS

 

Not Applicable.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 3A General Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

The proposed development is inconsistent with objective (1)(b)(v) under the zoning which states:

 

·    by providing and enhancing pedestrian and public open space areas for shoppers and workers.

 

This issue is addressed in greater detail in sections 8.1 Policy Controls and 9 Environmental Assessment below.

 

8.1  Policy Controls

 

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

 

Section 2.5 – Commercial Development is the only section in this DCP of relevance to the proposed development. In this section it is noted that the design of the street façade should promote an attractive and harmonious streetscape and should relate to the scale of pedestrians.

 

It is considered that the proposed enclosure fails to comply with this requirement. The enclosure is not harmonious with the streetscape as there is no example on Maroubra Road of enclosed restaurant space on the public footway. The consistent example currently in the streetscape is of footways containing a few chairs and tables in conjunction with restaurant/café uses. These tables and chairs are low key, do not visually dominate the streetscape and are easily packed away at the end of the day. A demountable enclosed structure is significantly more difficult to assemble and remove than the existing table and chairs and would also have a significant presence or perceived level of ownership in what is a public space.

 

For these reasons it is considered that condition 2 of the consent (ie to delete the proposed enclosed structure) is appropriate and reflects the requirements of the DCP in promoting an attractive and harmonious streetscape.

 

b.         Development Control Plan No. 20 – Restaurants on public road footways, airspace above roads & public land.

 

            Under this DCP, there are several sections applying to the proposed development that require Council assessment.  These matters are assessed following.

 

            Under the section titled PLANTING, PAVING AND MARKING OF LEASED AREA, it is outlined that:

 

(a)  The area intended to be licensed is to be defined either by fencing, planter boxes or paving, using materials approved by Council.

 

(b)  Line marking of the licensed area is not allowed, however the use of planter boxes, plants or paving to define the limits of the licensed area is encouraged.

 

The proposed development does not comply with either of these requirements as it proposes enclosing the area with a solid structure rather than the methods proposed.

 

Under the section titled ASSESSMENT OF IMPACT, the development should be “sympathetic to the existing or proposed character of the area in relation to the size and shape of the area to be occupied, type of furniture, advertising structures, shelter, paving materials, lighting, landscaping and screening.”

 

It is considered that the proposed development will appear as a dominant element in the streetscape that will not be consistent with other low key outdoor dining areas. Essentially the proposed development acts as an encroachment of floor space onto public space and is not desirable.

 

Further, development should “encourage a lively pedestrian environment in major town centres and public places”. The proposed development encloses the pedestrian environment therefore diminishing the interactivity with the public domain and not encouraging a lively outdoor environment.

 

c.   Draft Maroubra Town Centre DCP.

 

Under this DCP there are no particular requirements with respect to footpath dining however some important issues that impact the proposed development are raised.

 

In Part 2 Section 2.2 – Opportunities and Constraints the following matters of relevance are raised:

 

Constraints

 

·    Pedestrian traffic along Maroubra Road needs to be given consideration,

 

Opportunities

 

·    Give consideration to aesthetics – more fountains, gardens, good shopfronts, etc,

·    Create a good ‘atmosphere’ eg Rose Bay,

·    Create a ‘natural environment’ rather than a ‘concrete jungle’,

 

With respect to the above matters, the proposed development restricts pedestrian traffic to a greater extent than the existing tables and chairs. It is unlikely that the demountable structure would be removed at the end of business each day without conditions of consent. The demountable structure acts as a significant physical barrier of much greater magnitude than the tables and chairs and would obstruct pedestrian traffic rather than improve it.

 

The proposed shopfront would set an undesirable precedent and would not create a good ‘atmosphere’ as it effectively separates people from the street by isolating and enclosing them from it, effectively defeating the purpose of outdoor dining.

 

The proposed development does not encourage a ‘natural environment’ but rather results in a further creep of built space into open space.

 

It is considered that the proposed development does not address the constraints and opportunities raised in the draft DCP.

 

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.

 

The applicant contends that several conditions of consent imposed under the development consent should be reviewed. The condition number is listed below and the applicant’s reasons for reconsideration are given followed by a planning comment.

 

            Condition 2 – Deletion of enclosed structure:

 

·    At times customers are exposed to relatively high winds, hence the desire to enclose the outdoor dining area,

·    Maroubra Road is a busy road. The enclosure as proposed will be more hygienic than at present,

·    The proposed semi-enclosed pavement area allows a longer period of utilisation of the space throughout the year,

·    One of the platforms is disabled accessible,

·    The area covered by the existing approved pavement eating area would be approximately the area for the proposed enclosure.

 

Comment:

 

·    No evidence has been submitted in support of this assertion,

·    Whilst Maroubra Road it a relatively busy road, there is no evidence that suggests that dinning outdoors is harmful to human health or unhygienic. Many other outdoor dining areas operate successfully in the area without adversely impacting upon human health.

·    The proposed enclosed area may be used throughout the year as could an outdoor dining area subject to weather conditions. It is noted that the existing outdoor dining area is sheltered from weather elements by an awning above,

·    Disabled access is provided as is required,

·    The proposed enclosure alienates a 17.1m2 area of public land resulting in a significant and unacceptable alteration to public space.

 

Conditions 3 and 4 – environmental health conditions:

 

·    The applicant submits that these conditions are already complied with.

·    The applicant submits that the difference is additional furniture (moveable) on the platform sections and screenings.

 

Comment:

 

·    Compliance with these health conditions is reasonable and their imposition for outdoor dining is not unusual or unreasonable as they relate to health nuisances to adjacent properties and emissions and discharges from the site.

 

Conditions 5 – Keep footpath clean.

 

·    The demountable enclosure enables easier and more controllable cleaning of footpath and will keep the footpath free from debris and will keep it clean unlike an open area that is subject to the elements.

 

Comment:

 

·    It is easier to maintain cleanliness within a premises as outlined above due to the lack of exposure to the elements. Notwithstanding this, it is relatively easy to keep an external area clean and it is not considered that this is a reasonable argument justifying enclosing public space.

 

Condition 9  - No ‘Offensive noise’.

 

·    The noise level is reduced internally and externally with the partially enclosed pavement eating area.

 

Comment:

 

·    The existing outdoor dining area does not generate a significant or offensive noise nuisance over and above existing street noise and is therefore not required to be enclosed.

 

Condition 10 – Building work to be carried out in accordance with BCA.

 

·    The proposal is to be built in accordance with relevant Australian Standards.

 

Comment:

 

·    Any eating enclosure would be required to comply with the BCA.

 

Conditions 11 –24. Standard building conditions.

 

·    The applicant advises there will be no fixed construction of the demountable enclosure at the site and therefore the conditions imposed do not apply.

 

Comment

 

·    The subject conditions are building related conditions that apply to any structure, including demountable buildings. The conditions should be removed given the demountable structure has not been approved.

 

Precedent on Anzac Parade.

 

·    The applicant has verbally raised the issue that Council has approved an enclosed space on Anzac Parade to an existing café setting a precedent for the area.

 

Comment.

 

·    The subject area is much smaller than that proposed and is attached to a small commercial premises. More importantly, the area is located slightly north of a major bus stop, which causes a significant noise and air pollution problem to outdoor diners. The outdoor dining area for the existing restaurant at the subject site is not exposed to such elements and therefore its enclosure is inappropriate in the circumstances.

 

10.  CONCLUSION

 

The proposed development is not consistent with the character of existing outdoor dining in the area and would result in a significant physical and visual barrier in the street.  The existing outdoor dining provides reasonable levels of amenity and protection for outdoor diners without having a major impact on pedestrians or the attractiveness and amenity of the area. It is considered unreasonable to allow public space to be completely enclosed for commercial uses. Accordingly this review recommends compliance with the original notice of determination for the subject application.

 

RECOMMENDATION:

 

A.        That Council's original decision to impose Condition no's 1 to 25 under Section 82A of the Environmental Planning and Assessment Act 1979 (as amended) on Development Application No. 03/00260/GF to enclose the footpath dining area, increase the amount of seating and extend the hours of operation at 196-204 Maroubra Road, Maroubra be confirmed for the following reasons:-

 

(1)  The proposed development would result in a physically and visually obtrusive barrier and element in the streetscape that is inconsistent with existing outdoor dining on Maroubra Road.

 

(2)  The proposed development is inconsistent with section 2.5 of Development Control Plan No. 15 – Maroubra Junction Commercial Centre as the proposal does not promote an attractive and harmonious streetscape that relates to the scale of pedestrians.

 

(3)  The proposed development is not consistent with the provisions of Development Control Plan No. 20 – Restaurants on public road footways, airspace above roads & public land as it does not encourage a lively pedestrian environment in major town centres and public places and is not sympathetic to the existing or proposed character of the area.

 

(4)  The proposed development is not consistent with objective (1)(b)(v) of the 3A General Business Zone.

 

ATTACHMENT/S:

 

A4 reduced plan

 

 

 

 

 

 

………………………………

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SIMA TRUUVERT

LUKE JACKSON

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 

 

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

29 July, 2003

FILE NO:

03/00183

 

PROPOSAL:

 Alterations and additions to existing dwelling to form a two storey dwelling

PROPERTY:

 33 Oberon Street, Randwick

WARD:

 East Ward

APPLICANT:

 Benyamin Binyamin

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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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 Bastic, Sullivan and Procopiadis. The value of works proposed is $100,000.

 

The subject site contains a single storey freestanding dwelling fronting Oberon Street. Adjacent development consists of residential dwellings and apartments varying in size from single to three storeys.

 

As a result of discussions with Council officers, the original design was significantly amended to reduce impacts to neighbours and to create a more consistent built form with adjacent buildings. The proposal involves the partial demolition of the existing ground floor at the rear and reconstruction of the ground floor and a first floor addition. A single front garage is proposed fronting and accessing Oberon Street. The new first floor contains three bedrooms, a bathroom and a rear balcony. The ground floor will contain a new combined living, dining and kitchen area.

 

The subject site is zone 2A residential and the proposal is permissible with Council consent. The proposal is subject to the provisions of the dwelling houses and attached dual occupancies DCP and generally complies with the provisions with the exception of minor discrepancies with FSR, side setbacks and fencing.

 

Three objections were submitted with respect to the original proposal and one to the amended proposal. The objections to the amended proposal raise issues with overlooking, overshadowing, subdivision, fencing, the proposed garage and an illegal structure.

 

The assessment of the application reveals that the proposal is worthy of approval subject to conditions minimising impacts to adjacent dwellings.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

The proposed development involves partial demolition of the existing ground floor of the building, reconstruction of the ground floor and a new first floor. The ground floor will be altered to have a garage that is accessed off and fronts the eastern side of Oberon Street and a new combined living, dining, and kitchen area that opens onto the rear yard. A new front and side fence is proposed as is a new first floor containing three bedrooms, a bathroom and a rear balcony off bedroom 2. A rear patio is proposed at ground level off the dining room and a rear balcony is proposed at the first level off the bedroom.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is a regular rectangular shaped allotment located on the northern side of Oberon Street at the eastern side of its intersection with Lion Street, Randwick. The site has a slight fall from north to south and contains a single storey freestanding residential dwelling that fronts Oberon Street. The dwelling is sited over the front half of the site and the rear portion contains an open yard. There is currently no vehicular access to the site. The site contains a long 1.2m high paling fence that runs along the length of Lion Street while the Oberon Street frontage contains a white picket fence.

 

A semi-detached pair of dwellings is located adjacent to the site to the east. These dwellings have vehicle access off Oberon Street accessing small carports to the side but also in front of the dwelling building alignment. Further to the east is a two-storey residential terrace dwelling and to the north is a two storey residential flat building that fronts Lion Street. Development in the area is residential and there is no particular character or form that is the dominant element. The area exhibits an array of dwellings including up to four storey residential flat buildings, rows of terraces, single storey federation houses and single storey terraces and semis.

 

View of subject site from Oberon St.

Adjacent buildings to the east on Oberon

Rear of subject premises looking east