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

 

 

2nd September, 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, 9TH SEPTEMBER, 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, 12 TH AUGUST, 2003

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                      

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES' REPORT 23/2003 - DEVELOPMENT APPLICATION - 53 HELENA STREET, RANDWICK - COUNCIL MEETING 26TH AUGUST, 2003.

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.2                      

DEVELOPMENT APPLICATION REPORT - 76-82 ANZAC PARADE, KENSINGTON.

47

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 257 DONCASTER AVE KENSINGTON.

85

 

5.4                      

DEVELOPMENT APPLICATION REPORT - 33-149 BUNDOCK STREET & 373A AVOCA STREET, KINGSFORD

101

 

5.5                      

DEVELOPMENT APPLICATION REPORT - 19 FORREST STREET, CHIFLEY.

160

5.6

DEVELOPMENT APPLICATION REPORT – 259 RAINBOW STREET, SOUTH COOGEE.

181

 

 

6           Miscellaneous

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 70/2003 - MASTERPLAN FOR THE GROCON SITE AT 133 TO 149 BEAUCHAMP ROAD, MATRAVILLE.

228

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

……………………………….

GENERAL MANAGER

 


 

Director Governance, Management & Information Services' Report 23/2003

 

 

SUBJECT:

DEVELOPMENT APPLICATION - 53 HELENA STREET, RANDWICK - COUNCIL MEETING 26TH AUGUST, 2003.

 

 

DATE:

28 August, 2003

FILE NO:

D/1219/2002

 

 

REPORT BY:            DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES   

 

 

INTRODUCTION:

 

At the Council Meeting held on 26th August, 2003, the Development Application for 53 Helena Street, Randwick was listed on the Agenda as Item 9.4 and was not determined.

 

ISSUES:

 

At that Council Meeting, a motion was moved by Councillors Daley and White that the recommendation for approval contained in the Director Planning & Community Development’s  Report No. 64/2003 be adopted.

 

A procedural motion, was moved by Councillors Matson and Greenwood in relation to legal advice on existing use rights and the lack of a definition for storey.  Following an explanation by the Director of Planning & Community Development, this procedural motion was withdrawn.

 

The original motion by Councillors Daley and White was put to the Meeting and was lost.

 

A review of the tape recording of the Meeting reveals that no further motion was moved  and, accordingly, the Development Application has not been determined by Council and is therefore listed on the Agenda of the Health, Building & Planning Committee Meeting to be held on 9th September, 2003.

 

In addition, a Notice of Rescission Motion was submitted prior to the close of the Council Meeting on this issue by five (5) Councillors, but this has no affect as there is no resolution to rescind.

 

CONCLUSION:

 

As no decision has been made on the Development Application for 53 Helena Street, Randwick, it is necessary for Council to determine the matter.

RECOMMENDATION:

 

A.        THAT Council’s original Determination of Development Application No. 1219/2003 dated 21 March 2003 for external and internal refurbishment of existing residential flat building including construction of an additional storey comprising 3 x 2 bedroom units and associated garaging be rescinded:

 

AND

 

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. 1219/2002 for Addition of a partial third storey to residential flat building to provide 2 additional units (to make a total of 10 units) and improvements to existing landscaping and carparking provision at 53 Helena Street, Randwick 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 Environment:

 

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

 

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

 

1.         The development must be implemented substantially in accordance with the plans numbered Issue B of DA1/6-DA3/6, DA5/6 and DA 6/6, project number 02:270 and stamped received by Council on 12 June, 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 sill height of the following window is to be increased to be a minimum height of 1.7m above floor level, or alternatively, the window/s are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below the specified level:

 

·......... East facing window from living room of Unit 9

 

Details are to be included in the drawings submitted with the Construction Certificate application.

 

3.         External clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

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

 

4.         Upon completion of the development and prior to the issuing of the strata subdivision, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

Details of critical phase inspections carried out by or on behalf of the principal certifying authority together with any certification relied upon and the occupation certificate for the building must also be provided to Council prior to approval of the strata subdivision plans.

 

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

 

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

 

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

 

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

 

6.         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.

 

7.         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.

 

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

 

9.         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.

 

10.       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.

 

11.       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.

 

The following condition is applied to satisfy the increased demand for public amenities and public services:

 

12.       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               $3,585.76

b)       for the provision or improvement of community facilities   $1,585.44

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.

 

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

 

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

 

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

 

A Waste Management Plan is to be submitted to Council and approved by Council’s Manager of Waste Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979,

 

a)       prior to the commencement of any works

b)       prior to a construction certificate being issued for the proposed development.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

The following conditions are applied to ensure adequate environmental protection and occupational health and safety.

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

·        Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; and

·        The Protection of the Environment Operations Act 1997 and relevant Environmental Protection Authority Guidelines

 

16.       The removal, cleaning and disposal of any lead-based paints must be carried out in accordance with the relevant provisions of AS2601-2001, Demolition of Structures, The Protection of the Environment Operations Act 1997 and the requirements and guidelines of the Environmental Protection Authority.

 

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

 

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

 

18.       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.

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       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.

 

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

 

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

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

 

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

 

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

·        has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

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

 

25.       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.

 

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

 

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

 

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

 

27.       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.

 

28.       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.

 

29.       The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person approved by 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 details of compliance with Council’s approval is to be maintained by the Principal Certifying Authority.  Details of critical phase inspections carried out and copies of certification relied upon shall be forwarded to Council with the occupation certificate.

 

Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person approved by the Principal Certifying Authority) is also required to ensure that the relevant site management, public safety and sediment and erosion requirements specified in Council’s consent are being satisfied.

 

30.       All building, demolition and associated site 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.       Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

32.       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.

 

33.       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.

 

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

 

The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

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.

 

35.       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, soil and debris at all times.

 

36.       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.

 

37.       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”.

 

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.       Public safety must be maintained at all times and 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, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

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

 

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

 

40.       The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the B.C.A. or a smoke detection system complying with Clause 4 of Specification E2.2a of the B.C.A. or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

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

 

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

 

a)         Construct a concrete vehicular crossing and layback opposite the proposed garages in East Lane (the rear lane).

 

b)         Construct kerb & gutter with associated roadworks along the East Lane frontage.

 

c)         Replace the existing concrete footpath along the Helena Street site frontage.

 

42.       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.

 

43.       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:

 

44.       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:

 

East Lane Frontage - 60mm above the edge of the asphalt bitumen road, in East Lane, opposite the proposed garage entrances.

 

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

 

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

 

45.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the edge of roadway in East Lane must be indicated on the building plans for the construction certificate.

 

46.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $88.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

a)         $2000.00         -           Vehicular crossing deposit

 

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

 

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

 

48.       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.

 

49.       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:

 

50.       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 'ANL Organic Garden Mix', and re-turfed with Kikuyu turf. Such works shall be completed at the applicants expense prior to the issue of the Occupation Certificate.

 

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.

 

Advisory Conditions

 

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

 

ATTACHMENT/S:

 

Director Planning & Community Development's Report No. 64/2003 AND Development Application Report dated 8th August, 2003.

 

 

 

 

………………………………

………………………………

MARK HUMMERSTON

 

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES

 

 

 

 

 

 

 


 

Director Planning & Community Development's Report  64/2003

 

 

SUBJECT:

53 Helena Street, Randwick

 

 

DATE:

20 August, 2003

FILE NO:

D1219/2002

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT 

 

 

INTRODUCTION:

 

Attached is the Development Assessment Report for Development No 1219/02 for the addition of a partial third storey to residential flat building to provide 2 additional units (to make a total of 10 units) and improvements to existing landscaping and car parking provisions for Council’s consideration and determination.

 

RECOMMENDATION:

 

The recommendation is that the original determination be changed and that the application as amended be approved, subject to conditions of consent.

 

ATTACHMENT/S:

 

1. Development Application Report dated 8 August, 2003

2. A4 Configuration plans

 

 

………………………………

………………………………

SIMA TRUUVERT

 

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

8 August, 2003

FILE NO:

D1219/2002

 

PROPOSAL:

 Addition of a partial third storey to residential flat building to provide 2 additional units (to make a total of 10 units) and improvements to existing landscaping and carparking provision

PROPERTY:

 53 Helena Street, Randwick

WARD:

 North Ward

APPLICANT:

 D. Lasky

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health, Building and Planning Committee for determination at the request of Councillors Matson, Greenwood and Backes.

 

An application under Section 82A has been lodged with Council seeking reconsideration of the original determination refusing the application. Amendments have been made to the plans in response to the reasons for refusal, reducing the number of units proposed and reducing the height, bulk and scale of the structure accordingly. Improvements to landscaping, removal of upper level balconies and improvement to the layout of existing parking have also been proposed to improve amenity and lessen impacts on surrounding properties.

 

It is recommended that the original determination be changed and that the application as amended be approved, subject to conditions of consent.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to remove the roof structure of the existing building, allowing for construction of an additional part level (3rd storey) on the existing structure. The additional level will provide for 2 x 2 bedroom units (one with study). The completed building will comprise 5 x 2 bedroom units, 1 x 2 bedroom plus study and 4 large one bedroom plus study units (10 units in total) on the site at 53 Helena Street, Randwick.

 

The applicant also proposes external improvements to the existing structure including new balconies at the southeastern corner of the existing ground and first floor levels (4 balconies) with lightweight balustrading, rendering and painting of the existing building to match the proposed third level. New balconies with rendered balustrading are proposed to the northern elevation of the building (facing Helena Street) at all levels. Replacement of all existing timber window frames with aluminium framing will also be undertaken to improve the external appearance of the building.

 

Internal refurbishment and upgrading of the existing units and services is proposed to match the quality of the new units. An additional two carparking spaces will be provided to the rear of the site in an enclosed garage (off East Lane). Landscaping of the building surrounds, including a new roof terrace with perimeter planter boxes over the garage structure at the rear of the site is also proposed.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the southern side of Helena Street one allotment to the west of Canberra Street in Randwick. The site is a corner allotment, having a long frontage of 57.495m to Canberra Lane and a frontage to Helena Street of 12.065m. The rear boundary of the site adjoins East Lane and measures 12.02 metres. The western side boundary adjoins a four storey residential flat building and measures 57.66 metres. The total site area is 692.9m2. The site is currently occupied by a two-three storey residential flat building that includes five garages integrated into the lower level of the building and three parking spaces within a freestanding garage structure with access from Canberra Lane. The existing building contains 8 units, 4 x 3 bedroom units and 4 x 1 bedroom plus study units.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Development in the locality is comprised of a variety of residential uses. To the east of the site along Canberra Street are 1-2 storey detached dwelling houses. Across Canberra Lane directly opposite the site to the east is a recently constructed 2 storey townhouse development. Adjacent to the site to the west is a four storey residential flat building and across Helena Street to the north are two four storey residential flat buildings. The residential flat buildings in the area predate the 2(a) zoning.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A development application for refurbishment of the existing building including construction of a third storey comprising three x 2 bedroom units was refused on the 21 March 2003 based on 11 reasons for refusal. The reasons for refusal included visual and amenity impacts on surrounding properties, lack of on-site parking for increased density proposed, insufficient landscaping and inconsistency with the character objectives of the 2A zone.

 

The applicant has requested a review of this determination and lodged this request on 13 June 2003.

 

The flats were constructed under approval number 67/00128/BZ. The site has been used as flats since the 1967 consent, which predates Randwick LEP 98 and the current 2(a) zoning of the site.

 

“Existing-use rights” are provided for under s108 of the Environmental Planning and Assessment Act. The effect of s108 is largely to protect existing non-conforming uses. Clause 43 of the Environmental Planning and Assessment Regulation 2000 allows for extension and alteration of buildings containing existing uses, with Council’s consent.

 

In response to the reasons for refusal, the request for a review includes amended plans which reduce the number of additional units to 2 x 2 bedroom units and incorporate improvements to communal open space and increase the width of existing freestanding garages at ground level.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

 

The following submissions were received objecting to the application:

 

1.   R and R. House, 34 Canberra Street, Randwick

 

§ Existing use rights should model development on 2(b) not 2(c) zone.

§ Out of scale and character with the area.

§ FSR exceeds the maximum FSR for the 2(c) zone generally and the FSR for sites under 700m2 in the 2(c) zone. Should conform to 2(b) controls.

§ Car parking and traffic generation, no traffic report to support non-compliance with Parking DCP.

§ Overlooking.

§ Lack of articulation and modulation of building form.

§ Height is excessive.

§ Lack of landscaping, does not comply with LEP provisions.

§ SEE fails to address multi-unit housing DCP and LEP and doesn’t comply with the controls set by these documents.

 

2.   A. Morris, 3/49-51 Helena Street, Randwick

 

§ Loss of morning light.

§ Loss of privacy to living areas.

§ Increased traffic and parking congestion.

 

3.   A. Lawrence, 7/49-51 Helena Street, Randwick

 

§ Overshadowing due to additional storey.

§ Increased traffic and parking congestion.

§ Proposal will result in additional noise impacts.

 

4.   Owners Corporation SP 9662 (49-51 Helena Street, Randwick)

 

§ Overshadowing due to additional storey.

§ Increased traffic and parking congestion.

§ Proposal will result in additional noise impacts.

 

5.   S & S Guest, 36 Canberra Street, Randwick

 

§ Existing use rights should indicate which zones controls the applicant intends to comply with.

§ Out of scale and character with the surrounding context.

§ FSR exceeds the maximum FSR for the 2(c) zone generally and the FSR for sites under 700m2 in the 2(c) zone. This is unsupportable.

§ Lack of visitor parking will pressure existing on-street parking. Non-compliance with DCP – Parking.

§ Overdevelopment, excessive in scale.

§ Overlooking.

§ Inadequate landscaping.

§ Non-compliance with setbacks under Multi-Unit Housing DCP.

§ Building is ugly and will be a “featureless mass”.

 

Comment: The proposed improvements to the external treatment of the building including incorporation of architectural features such as balconies will enhance the appearance of the building.

 

6.   A.J Giuffre, 28 Canberra Street, Randwick

 

§ Building is illegal in 2(A) zone, as are any modifications to the existing building.

§ Overlooking.

§ Increased congestion in Canberra Lane and parking impacts, existing garage structures are too narrow.

§ Overshadowing.

§ No area for clotheslines, garbage bin storage nor communal recreational space.

 

Comment: An area of communal open space has been shown in the amended plans, above the garage structure to the rear of the site. Provision of clothes drying facilities and garbage storage areas have been included in the conditions of consent (see Conditions 3 and 14).

 

7.   O,C,K and A. Pereira, 26 Canberra Street, Randwick

 

§ Overshadowing.

§ Parking.

§ Overlooking due to addition of balconies.

§ Excessive FSR.

§ Incompatible with zoning and surrounding density.

§ No objection to beautification works to exterior of building.

 

8.   J & R Cox Planning on behalf of owners at 30 and 32 Canberra Street, Randwick

 

§ Request legal opinion on “existing use rights”

§ Overshadowing

§ Excessive height

§ Inadequate landscaping

§ Gross floor area is excessive and exceeds the permitted 2(a) and 2(b) zone controls

§ Inadequate parking

§ Will set a dangerous precedent

§ Cited Randwick –v- Bowie Constructions where the Court approved 0.98:1 as the application involved insignificant physical change

§ An urgent review of Council’s planning controls is required in light of this and the Pine Street example.

 

As many of the objections raise similar issues these have been considered below:

 

Existing Use Rights

As noted above in this report, existing use rights afford protection to sites where non-conforming uses exist. Council cannot apply controls where they would derogate from the existing use. Council is not under any obligation to assess the application against the controls for the 2(a) zone, nor the 2(b) or 2(c) zones and cannot legally enforce compliance as these controls do not apply where existing use rights are in force. However, the consent authority may use these controls as guidelines in the context of a merit assessment.

 

Overshadowing

Overshadowing has been lessened through the changes to the upper storey of the building. Despite increases to shadows cast on properties to the west and east during midwinter mornings and afternoons, the proposal will maintain 3 hours of solar access to all properties and north facing windows as per the controls in the DCP. See discussion under section 9 of this report.

 

Overlooking

Balconies have been limited to lower levels of the building to minimise overlooking of properties that face Canberra Street. Balustrading to these 600mm wide balconies obscures the lower portion of the glazed door and results in a visible area of glass that is similar to the existing windows. This treatment reduces the perception of increased overlooking and the limited width of balconies ensures that residents of the building cannot sit on the balconies and that large gatherings are not possible on the balconies. See discussion under section 9 of this report.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Traffic and Parking

Traffic & Parking has been considered under section 9 of this report. The proposal provides a car space for each unit. Council’s DCP would require 4 visitor spaces which haven’t been provided. The proposal provides one space per dwelling. This maintains the existing parking/dwelling ratio and will improve manouevering and safety.

 

Landscaping

The existing building precludes provision of extensive landscaped areas. The improvements to landscaping proposed are considered adequate given the constraints of the site and will make a positive contribution to the appearance of the building from the street and the amenity of residents. The proposed landscaping is an improvement on the existing situation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


A petition containing 28 signatures (including some residents who made submissions independently) was also submitted in response to the notification. The petition didn’t raise any new issues but made the comment that “Two wrongs don’t make a right”.

 

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:-

 

7.1       Director of Assets and Infrastructure

 

The Director of Assets and Infrastructure provided the following comments in relation to the original application:

 

An application has been received for alterations and additions to the existing residential flat building, including construction of an additional level providing another 2x2 br units & 2x1 br units to the existing 4x2 br units & 4x1 br units as well as 2 additional garages which front East Lane.

 

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

The description of the development is incorrect, the new upper level will have 2 x 2br units. Conditions of consent were proposed by AIS, and are included in the recommendation (see Conditions 41-50).

 

The amendments made changes to the parking arrangements on the site. The AIS have provided appropriate conditions in relation to these changes.

 

7.    MASTER PLANNING REQUIREMENTS

 

The site has an area of less than 4,000m2 and therefore a master plan is not required under clause 40A of the LEP98.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Environmental Planning and Assessment Act 1979

 

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

 

Subclause 3A of Section 82A of the Act allows Council to consider revised plans with a request for a review subject to the plans showing a development that is substantially the same as that originally considered.

 

The amended plans indicate a development that is substantially the same as that proposed in the original submission.

 

(b)   Randwick Local Environmental Plan 1998

 

The site is zoned 2(a) under Randwick Local Environmental Plan 1998 (RLEP) and the proposed activity (multi-unit housing) is generally prohibited within the zone. Despite this prohibition, the existing building on the site has been used continuously as a residential flat building by virtue of a lawful consent which predates the current planning controls (which now prohibits such a use). The property therefore enjoys the benefits of “existing-use rights”.

 

Section 108 of the Environmental Planning and Assessment Act affords protection to uses operating under a lawful consent to continue even if a subsequent planning instrument prohibits that use. The protection extends to allowing the rebuilding, alteration or extension of a structure housing a non-conforming use (with Council’s consent). Section 108(3) also provides that any provisions in an instrument that would derogate (detract from) the “incorporated provisions” have no force or effect. This effectively means that provisions (objectives, controls or standards) of an environmental planning instrument that would restrict the change of an existing use to another do not apply. However, the provisions of relevant planning instruments including such aims and objectives and development standards can be considered as a guide in the context of a merit assessment of the proposal.

 

The relevant objectives of the 2(a) zone are as follows:

 

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

(c)   to enable redevelopment for low density housing forms, including dwelling houses, dual occupancy, semi‑detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development

 

Although the proposed development will enlarge an existing building which is larger than residential uses to the east of the subject site (1 & 2 storey dwellings), there are several larger residential flat building at the eastern end of Helena Street (adjacent and opposite the subject site). The immediate context has a “mixed character”. The amendments made to the proposal reduce the length of the additional storey by approximately 13 metres so that the building follows the sloping topography along Canberra Lane more closely. The existing building ranges from 2-3 storeys in height. The proposal will result in a staggered building form that is three storeys to the front (Helena Street) as well as three storeys to the rear (no change). For a small section in the middle of the proposal the height will increase to 3.5 storeys, however this is not considered to result in significant impacts warranting refusal or further reduction of the proposal.

 

The rendering of the existing building and proposed landscaping works to the perimeter of the site will be beneficial to the appearance of the site and character of the area. The incorporation of balconies and staggering of the built form will bring greater variety and architectural interest to the bland design of the existing building. These improvements will contribute to the character of the area, despite the building being larger than dwellings in the vicinity.

 

The proposal represents an increase in the density on the site, introducing an additional 2 x 2 bedroom units. The third storey adds approximately 168m2 of gross floor area to the site. The overall FSR after construction of the additional storey is approximately 1:1 (708m2). A dwelling on a site of this size in the 2(a) zone would be required to have a floor space ratio of 0.5:1. Although the FSR proposed is more than is allowed under Council’s current controls and is greater than surrounding dwelling houses it is commensurate with the adjoining residential flat building at 55 Helena Street and residential flat buildings across Helena Street to the north. The proposed third storey has been reduced in size to minimise impacts on surrounding properties and the character of the area. The height of the proposal to the rear has been reduced, lessening the impact of the additional FSR on the streetscape and on smaller scale properties to the east (which front Canberra Lane).

 

The proposal is considered a reasonable extension of the existing building that achieves a building bulk to the front of the site that is similar to the existing bulk at the rear of the site. The proposal is satisfactory with regard to the objectives of the 2(a) zone.

 

The following clauses of the RLEP have been considered during the assessment of the proposal.

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscaped Area

Clause 31(1):

40% of site area (or 277.16sq.m)

 

23% or 161sqm

 

 

No

 

32 – FSR

0.5:1 or 346.45 sq.m

1:1 or 708sq.m

No

33 - Building Height

Clause 33(2):

9.5m max. overall

 

Clause 33(4):

7m max. wall height

 

9.7-11.4m

 

 

8-10m

 

No

 

 

No

Other Clauses

Effect

Applies

Comment

46

Vicinity of Heritage Item or within conservation area.

No heritage items nearby the subject site. Not in a conservation area.

N/A

 

Non-compliances with statutory standards cannot derogate (detract from) the protection afforded by existing use rights under s108(3) of the Act. An objection under SEPP No. 1 in support of variance from the FSR, height and landscaping standards is not required in this instance. The relevant clauses of the RLEP have been discussed under Section 9 of this report.

 

(c)   State Environmental Planning Policy 10 – (Retention of Low-Cost Rental Accommodation)

 

Clause 7(2) requires Council consent for strata subdivision and alterations and additions to residential flat buildings classed as “low-rental residential buildings” under clause 6 of the SEPP. Clause 6(2)(c) excludes buildings that have been approved for strata subdivision from the provisions of the SEPP. Two applications for strata subdivision, one in 1998 and one in 2000 have been approved, therefore the provisions of the SEPP do not apply to this site.

 

(d)   State Environmental Planning Policy 55 – Remediation of Land (SEPP 55)

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated in the consideration of development applications. Due to the previous use of the site for residential purposes, it is considered that there is little likelihood for contamination and the site is suitable for the residential use proposed.

 

(e)   State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

 

Clause 4(b) of the SEPP states that:

 

4)         This Policy applies to development being:

(b)     the substantial redevelopment or the substantial refurbishment of an existing residential flat building,

 

The refurbishment of the existing building and addition of units requires consideration under SEPP 65 as the building will be three to storeys tall and contain more than four units. No discussion of SEPP 65 or of the achievement of the design quality principles has been submitted with the application. The original application was determined prior to Council’s Urban Design Review Panel being convened. While the provisions of the SEPP cannot detract from the provisions of existing use rights, it is considered that any redevelopment of the site should achieve consistency with the design quality principles embodied in SEPP 65.

 

The renovations and external improvements to the building will improve its aesthetic appeal and update its appearance and amenity for residents of the building. The incorporation of balconies, particularly to the northern side of the building will improve solar access and amenity to the units in addition to providing greater articulation to the façade. The scale and bulk of the proposal and the proposed density is considered appropriate in the context of the street and surrounding properties and will not be detrimental to the amenity of surrounding properties or the street. A new communal landscaped area is proposed on top of the existing freestanding garages at the rear of the site. This is considered to be an appropriate response for a site with limited opportunities for at grade landscaping and will improve amenity for residents without impacting on the amenity of surrounding properties (as an elevated roof terrace may).

 

The proposal is considered to improve surveillance through the provision of balconies overlooking Helena Street. The pedestrian entry to the building will also be upgraded, consistent with the objectives of SEPP 65 and the Residential Flat Design Code.

 

The development is satisfactory with regard to SEPP 65.

 

8.1  Policy Controls

 

The following Council policy controls apply to the proposed development.

 

§  DCP – Parking 1998

§  Section 94 Contributions Plan

 

Council’s Dwelling Houses and Attached Dual Occupancies DCP does not apply to the proposal (which is multi-unit housing). The Multi-Unit Housing DCP only applies to development within the 2(b) and 2(c) zone and therefore is not applicable to the subject site, which is zoned 2(a).

 

a.   Development Control Plan Parking (DCP Parking), 1998

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

 

Car Parking

a)   number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b) layout

 

 

 

 

Bicycle Storage

 

 

1.0 spaces required for each one bedroom dwelling (4 x 1.0 = 4.0 spaces)

 

1.2 spaces required for each two bedroom dwelling (6 x 1.2 = 7.2spaces)

 

1 space/4 dwgs or part thereof for visitors (2.5 spaces required)

 

TOTAL SPACES REQUIRED = 14 SPACES

 

As per DCP.

 

 

 

 

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

(4 bike spaces)

 

 

 

4 spaces

 

 

 

 

6 spaces

 

 

 

0 spaces

 

 

 

 

10

 

 

Adequate turning areas provided.

 

 

 

Not indicated.

 

 

 

Yes

 

 

 

 

No

 

 

 

No

 

 

 

 

No

 

 

Yes

 

 

 

 

Opportunities exist to provide within garages specific indication not required development of the scale proposed.

 

b.   Section 94 Contributions Plan

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes an additional two (2) dwellings on the site. As a result of this assessment a condition of consent has been proposed requiring the payment of monetary contributions relating to open space, community facilities and administration charges totalling $5,596.20. This amount must be paid prior to the issuing of any Construction Certificate (see Condition 12).

 

9.    ENVIRONMENTAL ASSESSMENT

 

9.1       Reasons for review

 

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

 

The new level has been scaled down from three units to two units. This has resulted in a significant reduction of “bulk and scale”, particularly at the rear of the property which seemed to be giving Council most concern. We respectfully submit that the frontage to the building in Helena Street is compatible in appearance, bulk and scale to that of the surrounding area and our proposed development will go a long way to upgrading the streetscape.

 

The reduction in the number of units has resulted in a more staggered building form that responds to the topography and minimises the height of the building, particularly as viewed from properties which front Canberra Street. The previous proposal was generally four storeys in height and did not have a modulated roof form. The three storeys proposed to Helena Street are in keeping with surrounding residential flat buildings. Dwelling houses and townhouse developments in the area are up to two storeys in height. The building is one storey taller (3 storeys). This is not considered to have a significant impacts on the built form or character of the area.

 

We point out that each unit has been allotted a lock-up garage. As there are only two additional garage spaces, we respectfully submit that this will not have any significant adverse impact on traffic and parking.

 

The proposal does not provide any visitor parking (2.5 spaces required) and is 1 space short of the parking requirement for the number of 2 bedroom dwellings proposed. Notwithstanding these ‘non-compliances’ (compliance is not required under existing use rights provisions), the proposal provides one carparking space per dwelling, which is considered to be adequate. Dwellings addressing Canberra Street have garages to Canberra Lane and adequate off-street carparking. The site is located close to bus routes on Canberra Street, further reducing any impacts of the reduced parking provision. The proposal includes widening the existing freestanding garages to the rear of the site to improve manoeuvring. These improvements will assist in alleviating any traffic congestion caused by vehicles waiting for cars to manoeuvre into the parking spaces on the site. The proposal is considered satisfactory with regard to carparking.

 

Our shadow diagrams previously submitted have indicated that there is minimal “overshadowing” in respect of sunlight etc.

 

The overshadowing impact of the proposal has been greatly reduced by the amendments. The orientation of the site results in shadows cast that moving significantly throughout the day. Shadowing impacts to properties facing Canberra Street will not increase significantly. Additional shadows will cast on these properties at 3pm midwinter. Despite the increase, 3 hours of solar access will remain to the rear yards of these properties midwinter. These properties have garages along their rear boundaries and most of the shadow cast by 53 Helena Street currently falls on these structures. The proposal will increase shadowing to some top floor windows at 49-51 Helena Street during midwinter mornings but will not result in additional impacts at other times of day and will maintain the required 3 hours minimum midwinter to north facing windows of adjoining properties.

 

With regard to the concerns of neighbours, “particularly along the narrow laneway adjacent to the property”, we believe that the significant setback at the end of the building line of the additional level, together with the elimination of the Juliet balconies on the third level, address significantly the “overlooking” aspects and the “overbearing/ overshadowing” aspects of those concerns.

 

The balconies proposed to units 2,3,6 and 7 on the eastern elevation of the building at ground and first floor level are 600mm in depth and are not considered to significantly increase the potential for overlooking of properties in Canberra Street nor the impression of being overlooked when viewing the building from houses in Canberra Street. The balconies will be attached where windows currently exist (the windows will be enlarged to form doors) and the height of balustrading will result in an exposed ‘window area’ of a similar size to existing windows and giving a similar impression when viewed from surrounding properties. The additional level will not incorporate balconies to the eastern elevation. The windows from this level comprise living and dining room windows. The windows to Unit 10 and the northern end of Unit 9 are not considered to result in significant overlooking impacts due to the sloped topography. The window to the living room of Unit 9 is elevated and does have the potential to overlook adjoining properties. Condition 2 requires that this window be an operable highlight window only, as this room will also receive natural light from the balcony proposed to the rear of the unit.

 

This balcony is setback 4.0 metres from the eastern side boundary and is contained within the roofline. This balcony will not result in significant visual privacy impacts, despite its elevation due to the setback proposed and separation afforded by Canberra Lane.

 

The communal terrace on top of the garage structures to the rear of the site will not result in visual privacy impacts due to the lower ground level at this point, the perimeter planter boxes and the separation provided by Canberra Lane.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


We believe that the scope of the development provides an ideal opportunity to upgrade what is presently an old and tired building. We believe that the current design and scope of works can only serve to increase the visual amenity of the property and the area.

 

The proposed rendering of the building, additional architectural details such as balconies, enlarged and additional garages, landscaping and communal terrace will improve the amenity of the existing building and surrounding area. The amendments made to the built form have reduced impacts on surrounding properties.

 

We believe that the setback of the top floor and the removal of the Juliet balconies will alleviate the concerns of the Canberra Street residents of any loss of privacy to their rear yards. We believe that the steps we have taken to minimise the impact are significant.

 

The removal of balconies and the reduction of the top floor to provide 2 rather than 3 units has reduced visual privacy impacts. Towards the rear, where the third floor becomes 3.5 stories, a highlight window should be provided to ensure that visual privacy impacts are minimised. The balcony, which faces south (over East Lane) and is contained within the roof structure will not result in significant visual privacy impacts.

 

Our amended plans provide for a deck to be constructed over the existing detached block of three garages and two new garages. This deck will be surrounded by a planter box to give privacy both to the residents of the property and to the neighbours and will provide significant and meaningful communal recreational and general amenity areas. Whilst each of the apartments has an internal laundry, there will also be provision for external clothes drying and proper garbage storage areas will be allowed for.

 

No objection is raised to the proposed communal deck. Conditions of consent requiring the provision of external clothes drying facilities and adequate garbage storage have been included in the consent (see Conditions 3 and 14).

 

We respectfully submit that the proposed landscaping is significant in nature and is certainly a significant improvement on what currently exists.

 

The proposed landscaping improvements to the property are supported and will make a positive contribution to the appearance of the site from the street.

 

10.  CONCLUSION

 

The proposed renovation and extension of the existing non-conforming residential flat building on the site is permissible, and the proposal has been amended to reduce its impact on neighbouring properties.

 

Although provisions of State Environmental Planning Policies, the RLEP and Council’s policy documents cannot derogate from the protection of existing use rights, a merits based assessment has been made of the proposal. The development is consistent with the scale of larger buildings in the locality and the ‘mixed’ character of existing development. The development will not result in the reduction of residential amenity, or significant carparking impacts or visual bulk and scale impacts. The works will result in an improved presentation of the building in the streetscape and landscaping. The increase in height and density can be accommodated on the site.

 

The site presents an opportunity for redevelopment under “existing-use rights” provisions, and the proposed development is consistent with the intentions of the zone. The proposal as amended has addressed the original reasons for refusal and as such it is recommended that Council change its determination of the application.

 

RECOMMENDATION:

 

A.      THAT Council’s original Determination of Development Application No. 1219/2003 dated 21 March 2003 for external and internal refurbishment of existing residential flat building including construction of an additional storey comprising 3 x 2 bedroom units and associated garaging be rescinded:

 

AND

 

 

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. 1219/2002 for Addition of a partial third storey to residential flat building to provide 2 additional units (to make a total of 10 units) and improvements to existing landscaping and carparking provision at 53 Helena Street, Randwick 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 Environment:

 

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

 

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

 

1.         The development must be implemented substantially in accordance with the plans numbered Issue B of DA1/6-DA3/6, DA5/6 and DA 6/6, project number 02:270 and stamped received by Council on 12 June, 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 sill height of the following window is to be increased to be a minimum height of 1.7m above floor level, or alternatively, the window/s are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below the specified level:

·        East facing window from living room of Unit 9

 

Details are to be included in the drawings submitted with the Construction Certificate application.

 

3.         External clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

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

 

4.         Upon completion of the development and prior to the issuing of the strata subdivision, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

Details of critical phase inspections carried out by or on behalf of the principal certifying authority together with any certification relied upon and the occupation certificate for the building must also be provided to Council prior to approval of the strata subdivision plans.

 

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

 

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

 

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

 

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

 

6.         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.

 

7.         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.

 

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

 

9.         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.

 

10.       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.

 

11.       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.

 

The following condition is applied to satisfy the increased demand for public amenities and public services:

 

12.       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               $3,585.76

b)       for the provision or improvement of community facilities   $1,585.44

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.

 

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

 

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

 

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

 

A Waste Management Plan is to be submitted to Council and approved by Council’s Manager of Waste Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979,

 

a)       prior to the commencement of any works

b)       prior to a construction certificate being issued for the proposed development.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

The following conditions are applied to ensure adequate environmental protection and occupational health and safety.

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

·        Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; and

·        The Protection of the Environment Operations Act 1997 and relevant Environmental Protection Authority Guidelines

 

16.       The removal, cleaning and disposal of any lead-based paints must be carried out in accordance with the relevant provisions of AS2601-2001, Demolition of Structures, The Protection of the Environment Operations Act 1997 and the requirements and guidelines of the Environmental Protection Authority.

 

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

 

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

 

18.       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.

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       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.

 

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

 

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

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

 

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

 

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

·        has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

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

 

25.       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.

 

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

 

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

 

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

 

27.       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.

 

28.       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.

 

29.       The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person approved by 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 details of compliance with Council’s approval is to be maintained by the Principal Certifying Authority.  Details of critical phase inspections carried out and copies of certification relied upon shall be forwarded to Council with the occupation certificate.

 

Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person approved by the Principal Certifying Authority) is also required to ensure that the relevant site management, public safety and sediment and erosion requirements specified in Council’s consent are being satisfied.

 

30.       All building, demolition and associated site 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.       Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

32.       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.

 

33.       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.

 

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

 

The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

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.

 

35.       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, soil and debris at all times.

 

36.       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.

 

37.       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”.

 

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.       Public safety must be maintained at all times and 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, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

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

 

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

 

40.       The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the B.C.A. or a smoke detection system complying with Clause 4 of Specification E2.2a of the B.C.A. or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

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

 

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

 

a) Construct a concrete vehicular crossing and layback opposite the proposed garages in East Lane (the rear lane).

 

b) Construct kerb & gutter with associated roadworks along the East Lane frontage.

 

c) Replace the existing concrete footpath along the Helena Street site frontage.

 

42.       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.

 

43.       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:

 

44.       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:

 

East Lane Frontage - 60mm above the edge of the asphalt bitumen road, in East Lane, opposite the proposed garage entrances.

 

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

 

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

 

45.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the edge of roadway in East Lane must be indicated on the building plans for the construction certificate.

 

46.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $88.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

a)         $2000.00         -           Vehicular crossing deposit

 

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

 

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

 

48.       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.

 

49.       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:

 

50.       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 'ANL Organic Garden Mix', and re-turfed with Kikuyu turf. Such works shall be completed at the applicants expense prior to the issue of the Occupation Certificate.

 

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.

 

Advisory Conditions

 

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

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

 

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

20 August, 2003

FILE NO:

D/1064/2001

 

PROPOSAL:

 Section 96 Application to delete second basement carparking level, decrease rear setback, addition of landscaped podium and revise internal unit layouts

PROPERTY:

 76-82 Anzac Parade, Kensington

WARD:

 West Ward

APPLICANT:

 Nettleton Tribe Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

This application is referred to the Council as the original application was determined by Council at its Extraordinary Meeting on 17th December 2002.

 

The main issues for consideration in the proposal are the proposed reduction of the rear setback, incorporation of a landscaped podium to the rear of the site, deletion of parking level Basement 2 and changes to ground level to accommodate this parking provision.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application proposes amendments to the existing consent for a five (5) storey building comprised of 38 units.

 

Details of proposed amendments to the approved development plans are as follows:

 

-Remove Basement Level 2

·     Deletion of Basement Level 2 will remove 30 parking spaces, bicycle and general store and janitors office.

 

-Changes to Basement Level 1

·     Reconfiguration in response to deletion of Basement Level 2 and conditions of consent. Changes have accommodated an additional 13 spaces on this level, a total of 43 spaces.

 

-Changes to Ground Floor Level

·     Reconfiguration of rear of the building to accommodate 19 parking spaces and loading dock. (previously 7 provided plus loading dock). Inclusion of turntable to allow access and egress in a forwards direction without excessive manoeuvring.

·     Provision of residential and commercial garbage areas and bicycle parking.

·     Driveway moved to 7.0 metres from rear boundary (previously 1m from boundary) to allow for increased planting and parking provision along rear boundary.

·     Driveway ramped in two 1:20 ‘runs’ to achieve change in level of 1.15 metres from Carlton Street frontage.

·     Changes to lift lobbies and building circulation including fire stair egress to Anzac Parade.

·     Reduction of depth and configuration of retail tenancies to provide total commercial floor area of 343m2 (previously 487m2) to allow for increases to service areas and improvements to building circulation

·     Deletion of residential entry from Carlton Street (retail entry maintained).

 

-Changes to Level 1

·     Landscaped podium (approx. 252m2) providing paved and planted areas incorporated at rear of building. Setback 5.5 metres from rear boundary and nil setback to southern (side boundary).

·     Reduction of rear setback from 7.5 metres to 5.5 metres

·     Internal reconfiguration of units to improve amenity and planning. This results in changes to the external building envelope at the northeastern corner but no increase to building depth.

·     Reconfiguration of circulation areas to provide clearer internal planning. Lift core deleted, building will be serviced from 2 remaining cores. Enclosure of circulation to improve amenity.

 

-Changes to Levels 2-5

·     Internal reconfiguration of units and circulation to improve amenity and planning as per Level 1

·     Rear setback 5.5 metres

 

-Roof Level

·     Reconfiguration of roof terraces to reflect changes to circulation. Deletion of third roof terrace (previously accessed by the third lift core to reflect changes on lower levels).

 

The changes will result in a reduction of gross floor area on the site from 2.99:1 to 2.66:1. No change is proposed to the height of the building and the setbacks to Anzac Parade and Carlton Street and building envelope to the street will remain as per existing approval. Retail/commercial floor area will be reduced by 144m2 (to be 343m2).

 

Total carparking provided will be reduced by 3 spaces as a result of the proposed amendments, however this will be offset by the reduction in retail floor space of 144m2 (4 spaces).

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Anzac Parade on the southern corner of its intersection with Carlton Street. The prominence of the site is increased by its corner location.

 

The site is a square shaped allotment with a total site area of 1, 546m². The western frontage (to Anzac Parade) is 39.625m. The northern frontage (to Carlton Street) measures 39.995m. The southern and eastern boundaries (side and rear) measure 39.345m and 38.405m respectively. The site slopes gently from east to west with a maximum fall across the site of 1.13 metres, occurring along the Carlton Street frontage.

 

The character of the area is comprised of a range of development types and architectural styles. This is reflective of the adjoining local business and residential zones in the area. Along Anzac Parade the development is generally of a larger scale and supports commercial and residential uses. Across Anzac Parade are a number of multi-storey residential flat buildings. Adjoining the site to the south along Anzac Parade is a restaurant use and further south a liquor retailer. To the east, fronting Carlton Street are two storey residential flat buildings and larger dwelling houses. Further to the southeast of the site, fronting Elsemere Street are four storey residential flat buildings and single dwellings.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The existing approval was granted at Council’s Extraordinary Meeting on 17th December 2002, subject to deferred commencement conditions relating to groundwater issues, excavation details and materials and finishes.

 

A prelodgement meeting was held with Council staff on 6 May 2003 to discuss the application. The applicant was advised that the proposed modifications could be considered under section 96 provisions and of Council’s documentation requirements. The issue of the relocation of the driveway (rear lane access) was also discussed and verbal advice sought from the Manager, Strategic Planning. The current approval reflects a building that was approved prior to the Kensington Town Centre DCP coming into force. The approved building reflects controls from a draft DCP in relation to the driveway that were changed in the approved document. The DCP now requires the right-of-carriageway to be and located approximately 7m off the eastern boundary of the site. The existing approval would not allow for through access to Carlton Street due to the change in levels and the location of the driveway, which does not align with adjoining sites.

 

The current application was lodged on June 26, 2003. This application showed relocation of the substation from ground floor of the building as originally approved to the northeastern corner of the site (adjacent to the boundary with Carlton Street). The originally approved plans required the substation to be moved to improve the residential entry from Carlton Street. As there will be no residential entry in this location, the substation may remain in its current location. The applicant has provided a letter from Energy Australia indicating the substation may remain in this location and a sketch plan (2575_SK01) indicating a booster valve and increased planting to the northeastern corner of the site in lieu of a substation. There is no further application history.

 

b.         HISTORY OF SITE USAGE

 

The subject site was previously used as a petrol station. Development Application 99/00411/GW for the demolition and decommissioning of the service station was submitted to Council and approved, subject to a Site Audit Statement and Summary Site Audit Report. Issues arising from this previous use, including contamination were considered previously and are not affected by the proposed amendments. There is no further history relevant to the subject site for this application.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to Precinct Committee in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1  Objections

 

1.        A. Caldwell, 3 Elsmere Street Kensington

 

·         Objections to original development application still stand

Comment: Objection to current approval is not a valid consideration in relation to the proposed amendments.

 

·         Six storey presentation to Anzac Pde breaches LEP

Comment: The location of the development on a corner allows for a corner element of six storeys. The remainder of the Anzac Parade and Carlton Street elevations are setback from the street alignment above the fourth storey in accordance with the DCP. The proposed modifications will not change these elements of the existing approval.

 

·         Lack of parking in Kensington, requests greater restrictions in Elsmere Street and opposes removal of basement parking

Comment: The proposed modification will not reduce the approved provision of parking relative to the requirement under the Parking – DCP. Refer to section 10.5, below.

 

·         Proposed modification will undermine the DCP objective to provide rear lane access and address parking issues in Kensington

Comment: Relocation of the driveway will comply with the DCP, whereas the existing approval was granted prior to the DCP and the location of the ROW being finalised. The driveway will be ramped to achieve a level 1.15m below Carlton Street at the southern boundary of the site. The amendment will improve compliance with the DCP requirement.

 

·         Is the removal of parking a result of environmental concerns?

Comment: Environmental issues were considered as part of the original application, including Basement 2 and appropriate conditions imposed on the consent.

 

·         Concern over excavation and damage to adjoining properties

Comment: The amendments will lessen the depth of excavation and increase the setback of basement levels to adjoining properties. Condition 48 of the consent requires submission of a dilapidation report on all adjoining properties.

 

·         Density and form of the building is unacceptable

Comment: The proposed modifications will not substantially change the density and form of the building as previously approved.

 

·         Council should refuse current application which does not comply with the DCP and LEP

Comment: Compliance with LEP is achieved, and general compliance with the DCP is achieved. Compliance with the current DCP is improved by the proposed amendments. Refusal of the amendments would not revoke the existing approval for development on this site.

 

2.        M. Whitehead, 10 Inglethorpe Avenue, Kensington

 

·         Amendments are significant and should result in a new DA, not a modification

Comment: The amendments will result in a development that is ‘substantially the same’ as that already approved. Section 9.1 discusses the application of s.96 in detail.

 

·         Contamination of site, groundwater and surrounding area, site unsuitable for residential use.

Comment: Issues of contamination have been considered in the previous development application. The proposed modifications will not alter the conditions attached to the consent or previous advice regarding contamination.

 

·         Noise, no method of mitigating the noise has been indicated, air pollution will result in poor amenity for units and site is unsuitable for residential development

Comment: The development will be required to meet BCA regulations with regard to amenity. The Kensington DCP allows residential development on this site and the existing approval already relates to residential use.

 

·         Room sizes and unit sizes, no dimensions provided units and rooms appear to be small. DCP must be complied with

Comment: The approved development complies with the minimum room and unit sizes, the proposed amendments will increase unit sizes and amend internal layouts to improve amenity.

 

·         Density and design unacceptable, doesn’t comply with DCP in particular no rear colonnade

Comment: This is as per the existing approval, the development was approved without a rear colonnade.

 

·         Departure from controls will set a precedent for future development in Kensington Town Centre.

Comment: The approved development was considered under a Draft DCP which was subsequently amended. The modifications will result in improvements to comply with the current DCP.

 

·         The high water table places a high cost on deep excavation and limits the quantity of development that can sensibly occur.

Comment: The amendments propose a reduction of excavation and no increase to the quantity of development proposed.

 

·         Original survey (29/6/99) submitted with the Development Application indicated covenants and right-of-ways which appear to reflect the laneway proposed in the DCP.

Comment: The applicant has provided copies of the Certificate of Title dated 15/01/03 which indicates there is no right-of-way affecting the land. There is a covenant registered against the site (326989) which relates to mineral rights and building value only.

 

·         Amended proposal is for a six storey building when viewed from Anzac Pde, should be 4 storeys, set back to 6

·         Laneway, right-of-way should be retained

·         Deletion of basement 2 and relocation of the driveway will result in deficient parking and will restrict future development potential of adjoining lot. The provision of parking at ground level is prohibited by the DCP

Comment: Refer to comments above in relation to these issues.

 

3.        R.Cresdee, 65 Doncaster Avenue, Kensington

 

·         Building will appear tall and fat from Anzac Pde and not slim as required by the DCP

Comment: The increase of 2.5m along the Carlton Street frontage will not affect the compliance of the building with the 18m building depth set by the DCP.

 

·         Above ground parking does not meet DCP objectives for active street frontages and will result in a large driveway and carpark to Carlton Street

Comment: The DCP shows a driveway in the location provided by the amendments. The carparking will be screened by planting and rear setback will be increased as a result of amendments.

 

·         Rear setback has been reduced by 2 metres, bringing development closer to adjoining properties

Comment: Refer to discussion under section 10.2, below.

 

·         No ground level landscaping or recreational area despite 38 dwellings proposed, not a quality outcome for residents

Comment: The original application did not provided extensive ground level landscaping. The proposed modification increases at ground landscaping and provides a communal landscaped podium which will improve the amenity for residents.

 

·         Garbage room is unworkable, 42 bins in enclosed space

Comment: Council’s AIS Department has imposed standard conditions relating to waste management. The location of the garbage room is satisfactory.

 

·         Rear right-of-way (lane) has been compromised and will not provide any assistance to landlocked Anzac Parade and will restrict development on adjacent sites, colonnade is non-existent

·         Section 96 application is in effect a new DA

·         Application should be refused as it contravenes many of the DCP metrics and is against the public interest.

Comment: Refer to comments above in relation to these issues.

 

4.        S.Smythe, 9/24 Addison Street, Kensington

 

·         Site is contaminated and unsuitable

·         Six storey building contravenes LEP and DCP

·         Elimination of rear laneway is unacceptable

·         Lack of basement parking provision

·         Density of 2.66:1 is unacceptable, more reasonable would be 1.8:1

·         Absence of landscaping design

·         Noise from Anzac Parade results in poor amenity for residents

Comment: Refer to comments above in relation to these issues. Note that the approved building density is 2.99:1 and that the amendments proposed will decrease the density to 2.66:1. Also note that Clause 42B of the LEP removes FSR from the valid controls for this site.

 

5.        D.J & S Lovibond, 15 Balfour Road, Kensington

 

·         Amended plans for 6 storey building is contrary to previous advice that buildings would be limited to four storeys with two set back

·         Objects to deletion of rear lane

·         Contamination due to former petrol station use of the site

·         Doesn’t represent an appropriate use of the site and therefore amended plan should be refused

Comment: Refer to comments above in relation to these issues.

 

6.        R.Mackenzie, PO Box 283, Kensington

 

·         Overdevelopment of site will impact on amenity of surrounding properties

·         Environmental sustainability – inadequate data with respect to environmental issues and underground water

·         Botany aquifer – consequences of building in and above underground water are evident from damage as a result of construction of the Eastern Distributor

·         50m zone of influence from dewatering, likelihood of settlement and subsidence to surrounding properties

·         Raised issue of public liability and professional indemnity in respect of future claims as a result of damage

·         Council’s liability for future insurance claims, ratepayers must not be burdened with this risk.

Comment: These issues were considered in detail with the original development application. The proposed amendment to remove Basement Level 2 should have a lesser impact on groundwater. Increased landscaping provision will reduce stormwater runoff. The amendments have been referred to relevant authorities for comment and they have advised no change to their original correspondence.

 

7 copies of a profoma letter were received from the following:

7.        L & D Mee, 19 Cottenham Avenue, Kensington

8.        R. Fryer, 33 Maitland Avenue, Kingsford

9.        J. Newell, 43 Mooramie Avenue, Kensington

10.      E.G. Newell, 43 Mooramie Avenue, Kensington

11.      K. Newell, 45 Shaw Avenue, Kingsford

12.      M,V,G Hage, 10 Balfour Road, Kensington

13.      M. Butts, 7 Elsmere Street, Kensington

 

The letters raised the following issues:

 

·         Unacceptable 6 storey presentation from Anzac Parade, doesn’t comply with LEP or DCP

·         Unacceptable ground level parking, doesn’t comply with DCP

·         Elimination of rear laneway will be a loss to residents

·         Unacceptable contamination of site, groundwater and surrounding land, extensive remediation required

·         Unacceptable noise levels in units from Anzac Parade traffic, no means of reducing ambient noise has been indicated.

·         Landscaping is deficient with the podium mostly a paved surface

·         Unacceptable density and form FSR is 2.66:1 and design is bulky, suggested slim building with rear colonnade has not been adhered to.

·         If approved will set a poor precedent that will undermine State Government and RCC initiatives to achieve better quality living spaces and high design quality of buildings.

Comment: These issues have been considered in detail above and throughout this report.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1.           Department of Sustainable Natural Resources

 

The application was referred to the Department of Sustainable Natural Resources on 11 July as the original application was referred to them for comment. The Department has responded that their previous advice and conditions will not require amendment as a result of the changes proposed.

 

6.2            Director of Assets & Infrastructure

 

The following comments were received from Council’s Director Assets and Infrastructure Services:-

 

A Section 96 Application has been received for construction of a mixed commercial/residential development at the above site.

 

The DAIS comments and conditions prepared for/included within the Director Planning and Community Development Report dated 11/12/2002 are generally still applicable to this Section 96 Application.

 

The current development consent for this application was prefaced by a number of deferred commencement conditions that needed to be satisfied prior to the consent being operational. Deferred commencement condition 3 related to a report detailing the proposed method of excavation and dewatering process being submitted for approval and approved, (a list of required inclusions for the subject report were included within this deferred commencement condition). The Section 96 submission reduces the depth of excavation and therefore potentially the impact on groundwater conditions in the vicinity of the development site. The Section 96 submission, however, does not provide the required details to satisfy the groundwater deferred commencement condition and therefore this deferred commencement condition will need to apply to the Section 96 application.

 

Similarly all DLWC Terms of Approvals conditions, (Conditions 3 to 19 inclusive), are applicable to this application and must be included within any modified consent.

 

The DEPCD is advised of the following with respect to various conditions from the current development consent:

 

Condition 80

 

Currently Reads

 

80.       The driveway opening at the Carlton Street frontage of the site must be located at least 1.00 metre clear of the side property boundary. Details showing compliance with this requirement are to be shown on the plans for the Construction certificate.

 

Given that the proposed vehicular crossing is located significantly greater than 1.0 metre from the side property boundary this condition could be modified to read as follows:

 

80.       The driveway opening at the Carlton Street frontage of the site must be located at least 1.0 metre clear of the side property boundary.

 

Condition 82

 

Currently Reads

 

82.       There are no designated disabled parking spaces shown on the plan. Two (2) disabled parking spaces are required to be marked and signposted with minimum dimensions of 3.2m * 5.5 metres. These spaces should be provided at the following locations:

 

a.         on the ground level as indicated as P1 on Plan A.04.

b.         on basement level 2 as indicated as P7 on Plan A.02.

 

The Section 96 Application makes provision for 2 spaces and therefore it is recommended that the condition be modified to read:-

 

82.       Two (2) disabled parking spaces are required to be marked and signposted with minimum dimensions of 3.2m * 5.5 metres.

 

Condition 84

 

Currently Reads

 

84.       The 13 commercial spaces shall be linemarked and signposted accordingly with 7 spaces allocated on the ground level and a further 6 spaces on basement Level 1 as indicated on Plan A.03 as P1-P6.

 

The Section 96 Application makes provision for 7 commercial spaces to be located on the Ground Floor level and therefore it is recommended that Condition 84 be changed to read:-

 

84.       The 7 commercial spaces shall be linemarked and signposted accordingly on the Ground Level, (spaces 1 – 7).

 

Condition 85

 

Currently Reads

 

85.       The nine (9) visitor car spaces shall be clearly marked and located on Basement Level 1 in parking spaces as indicated on Plan A.03 as P7- P15.

 

The Section 96 Application provides 10 visitor spaces to be located on the Ground Floor, therefore it is recommended that Condition 85 be changed to read:-

 

85.       The ten (10) visitor car spaces shall be clearly marked and located on the Ground Level, (spaces 8-12 and 15-19).

 

Condition 87

 

Currently Reads

 

87.       The kerb blister located west of the vehicular crossing in Carlton Street is to be removed.

 

There are no kerb blisters proposed in the Section 96 application and therefore this condition could be deleted.

 

Condition 89

 

Currently Reads

 

89.       No stopping signposting is to be installed long the full length of the kerb blister in Carlton Road.

 

There are no kerb blisters proposed in the Section 96 application and therefore this condition could be deleted.

 

Condition 98

 

Currently Reads

 

98.       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.

 

Any electricity substation required for the site is to be located within the site and is to be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant is to liaise with Sydney Electricity prior to lodging the construction certificate to see if an electricity substation will be required for the development.

 

This condition makes reference to Sydney Electricity, (in error), and should be modified to make reference to Energy Australia.

 

98.       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.

 

Any electricity substation required for the site is to be located within the site and is to be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant is to liaise with Energy Australia prior to lodging the construction certificate to see if an electricity substation will be required for the development.

 

Condition 114

 

Currently Reads

 

114.     Prior to the commencement of building/demolition works the applicant is to liaise with the DLWC (Dept Land & Water Conservation) regarding the obtaining of a dewatering license for the site, if required.

 

The DLWC has changed name to the Department of Sustainable Natural Resources and therefore Condition 114 should be modified to read:-

 

114.     Prior to the commencement of building/demolition works the applicant is to liaise with the Department of Sustainable Natural Resource (DSNR) regarding the obtaining of a dewatering license for the site, if required.

 

Condition 116

 

Currently Reads

 

116.     The proposed ground floor retail areas are to be constructed at the following minimum floor levels:-

 

e.         Retail Area 1 -  RL28.44 AHD

f.          Retail Area 2 -  RL28.32 AHD

g.         Commercial/Retail Area – RL 28.30

 

This condition is required to ensure that the proposed retail floor levels are a minimum of 300 mm above the calculated 1 in 100 year storm flood level.

 

Condition 116 requires a minor modification to read:-

 

116.     The proposed ground floor retail areas are to be constructed at the following minimum floor levels:-

 

a)         Retail Area 1 -  RL28.44 AHD

b)         Retail Area 2 -  RL28.32 AHD

c)         Retail Area 3 – RL 28.30

 

This condition is required to ensure that the proposed retail floor levels are a minimum of 300 mm above the calculated 1 in 100 year storm flood level.

 

Condition 117

 

Currently Reads

 

117.     The garbage room areas will have to be redesigned so as to be able to contain a total of 36 x 240 litre bins (18 garbage bins & 18 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.

 

The garbage room for the residential area has been designed to accommodate greater than 36 bins and therefore it is recommended that the condition be modified to read:-

 

117.     The garbage room area for the residential units will have to be designed so as to be able to contain a minimum of 36 x 240 litre bins (18 garbage bins & 18 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.

 

Condition 118

 

Currently Reads

 

118.     An additional garbage area will have to be constructed for the proposed 2 retail areas. The applicant is to liaise with Council’s Manager of Waste regarding the required size of this garbage area. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

The Section 96 Application makes provision for a separate commercial section garbage area, (i.e separate to the residential garbage area). The DAIS therefore recommends that Condition 118 be modified as follows:-

 

118.     A separate garbage area will have to be provided for the proposed 3 retail areas, (i.e separate to the residential unit’s garbage area). The applicant is to liaise with Council’s Manager of Waste regarding the required size of this garbage area. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

Modifications proposed to conditions by the AIS have been included in the recommendation.

 

7.    MASTER PLANNING REQUIREMENTS

 

As the site is less than 4,000m2 in area, the Master Plan requirements of Randwick LEP 1998 are not applicable.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

- State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP65)

- Randwick Local Environmental Plan 1998

- Kensington Town Centre Development Control Plan

- Development Control Plan – Parking

- Section 94 Contributions Plan

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned Local Business 3B under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. Clause 42B of the LEP sets the controls for Kensington Town Centre. The changes proposed will not affect the existing compliance of the proposal with this clause.

 

(b)   State Environmental Planning Policy No. 65

 

The development is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. The original application was assessed prior to the convening of the Interim Design Review Panel.

 

The proposed changes to the unit layouts are considered to improve the amenity and functional design of the apartments in line with the principles of good design under the SEPP.

 

The amended scheme will be consistent with SEPP 65.

 

8.1    Policy Controls


a.   
Kensington Town Centre Development Control Plan

 

The existing approval was considered prior to the Kensington Town Centre Development Control Plan being finalised. The following compliance table relates only to sections of the DCP relevant to the changes proposed, not the existing approval.

 

 

 

CONTROLS

PERFORMANCE REQUIREMENTS

COMPLIANCE

 

BLOCK 01 CONTROLS

i.     Driveway/ ROW to be setback 26 metres from Anzac Parade

ii.    Levels G-3 to be 26m long (to Carlton Street)

iii.   Upper floors 4,5 to be 14m long (to Carlton Street)

Complies

 

 

34m, Doesn’t comply1

 

34m, Doesn’t comply1

rights of carriageway

i.    Unless otherwise indicated on the Block by Block controls, direct vehicular access from Anzac Parade is not permitted.

 

ii.   Provide 6 metre wide two-way vehicle access via existing rear lanes, new below-ground rear Rights of Carriageway or side streets as indicated on the Block by Block controls.

 

iii. Design driveways to basement and semi-basement parking to minimise visual impact on the street and maximise pedestrian safety.  Setback any garage doors from the street alignment.

Complies

 

 

 

6m ramped driveway/ ROW provided. Complies.

 

 

 

 

Complies

 

 

 

 

on-site parking

i.    Minimum dimensions for carpark design and layout must be based on the dimensional requirements of a service van as described in the DCP – Parking.

 

ii.   Tandem or stack parking (maximum two spaces) is permitted where these spaces are attached to the same strata title comprising a single apartment, subject to the maximum parking limit applying.

 

iv.  Incorporate parking within and/or beneath the building.  No on-site parking is to be provided on a street frontage nor as surface parking external to the building.

 

v.   Design parking to ensure pedestrian safety.

 

vi.  Where a semi-basement carpark is built to the boundary of an adjoining property outside the Town Centre boundary, or built to the boundary of a strata title building unlikely to change, provide advanced planting in a 3 metre setback from that boundary, to achieve visual privacy.

 

Complies

 

 

 

 

No tandem spaces proposed. Complies

 

 

 

 

Does not comply, some surface parking provided external to the building.

 

 

Complies. Sightlines maintained.

 

Does not comply. 1.5-2.0metres of deep soil landscaping provided to eastern boundary

apartment size

i.    Comply with the following minimum apartment sizes:

Studio   40m²

One-bedroom cross-through   50m²

One-bedroom cross-over   55m²

Two-bedroom corner   80m²

Two-bedroom cross-through   90m²

Two-bedroom cross-over   90m²

Two-bedroom corner with study   120m²

Three-bedroom   125m²

For each additional bedroom   20m²

 

iii.  Comply with the following minimum apartment widths:

·    Studios - 3.5m clear internal width

·    One, two and three-bedroom apartments – 4.5m clear internal width

·    Crossover/cross-through apartments more than 18m deep – 4m clear internal width

 

iv.  Comply with the following minimum room dimensions:

·    Main bedrooms – 12m² , shortest wall 3.0m

·    Other bedrooms – 9m² , shortest wall 2.5m

·    Living rooms – 15m² , shortest wall 3.5m

·    Dining rooms – 9m² , shortest wall 2.5m

 

Improves existing compliance by increasing apartment sizes.

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

Complies

stairs, lifts & corridors

i.    Maximise the amenity of circulation spaces by providing generous spaces, eg. high ceilings, wide corridors.

 

ii.   Provide at least one lift to service no more than 40 apartments over the full rise of the building.

 

iii.  Optimise security by grouping apartments to a maximum of 10 around a common lobby.

 

vi.  Ensure that no apartment is no more than 12 metres away from a lift.

Complies

 

 

 

Complies, 2 lifts provided for 38 units

 

 

Complies, 6 units maximum

 

Complies, approx. 8m max.

communal open space

i.    Maximise ground level communal open space.

 

 

 

 

 

iii.  Avoid fragmenting communal open space.

 

 

iv.  Design communal open spaces which provide a pleasant outlook for residents.

No ground level open space provided, improves on existing approval as landscape podium provided.

Complies roof terrace and landscaped podium are generous in size.

Complies -Landscaped podium will provide outlook for units above.

1Original approval did not comply (31.5 metres long)

 

b.    DCP – Parking

 

Parking rates and layout requirements for development in the Kensington Town Centre are contained within the DCP - Parking.

 

 

Item

DCP Parking Requirement

Original  Proposal

Proposed Modification

Complies

Residential

5x1 b/r

31x2 b/r

2x3 b/r

 

5x1 = 5

31 x 1.2 = 37.2

2 x 1.5 = 3

 

3

28

3

 

5

37

3

 

Yes

Yes

Yes

Visitor

1 per 4 units

38/4=9.5

 

8

 

10

Yes

Subtotal Residential

55 spaces

42 spaces

55 Spaces

Yes

Commercial (Tenancy 3)

1 per 40m2

GFA

487m2= 12*

 

 

2

 

 

7

 

 

No*

Retail (Tenancy 1 and 2)

21

Total (Original)

Total (Modification)

67 Spaces

63.5 Spaces

65 Spaces

-

-

62 Spaces

No

No1

* Proposed change to GFA to be 343m2 reduces required commercial spaces to 8.5

1 Section 94 Contribution imposed

 

Accessible Parking

1-2% of commercial requirement (0.17 space)

1 space

2 spaces

Yes

Loading

1 space per 400m2 commercial GFA (1space)

1 space

 

1 space

Yes

Car Wash Bays

1 per 12 dwellings (3 spaces)

-

3 spaces

Yes

Bicycle Parking

Residential

 

Commercial

1 space per 3 units plus 1 visitor per 10 units. (16.4 spaces)

1 per 10 car spaces (1)

-

16 spaces

No2

2 Condition 81 of the consent requires 17 bicycle spaces be provided on site.

 

Discussion of compliance with Council’s DCP – Parking is included under Section 10.5 of this report.

 

c.     Section 94 Contributions Plan

 

Council’s Section 94 Contributions Plan has recently been amended to include payment of contributions for deficiencies in parking and townscape improvements for commercial and residential development in Kensington Town Centre. As the proposal was approved prior to the updated section 94 Contributions Plan and the unit mix will not change as a result of the development, no townscape improvement contribution has been levied. However, as the parking areas are being modified, an additional contribution of $23, 926.00 (2 commercial spaces) has been proposed (see amendment to condition 27. This amount must be paid prior to the issuing of any Construction Certificate.

 

9.    SECTION 96 AMENDMENT

 

9.1       Substantially the same

Council may only approve an application under section 96(2) of the Act if “it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all) under this section”.

 

The application is considered to result in a building that will be substantially the same as the previously approved development, being a mixed use, residential and commercial building of up to 6 storeys in height. The modifications proposed will not have a significant impact on the external building envelope. The height of the building will remain unchanged. The visual bulk and scale of the development and appearance from the street will generally remain as currently approved. The changes to the basement levels will result in greater compliance with parking and an improvement in the vehicular access to the site. Changes to the internal layout of the building will not detract from the external or internal form of the building and will improve residential amenity. No change is proposed to the unit mix previously approved. The proposal is considered to result in a development that is “substantially the same” as that originally approved, and therefore may be considered by Council under section 96 of the Environmental Planning and Assessment Act.

 

9.2       Consideration of submissions

 

All submissions received in relation to the application have been addressed under section 5.1.

 

10.  ENVIRONMENTAL ASSESSMENT

 

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

 

10.1     Floor Space Ratio

 

The proposed amendments to the ground floor and upper levels of the building have resulted in a reduction of gross floor area of 550m2 and a reduction in the overall FSR from 2.99:1 to 2.66:1. The current approval was made prior to gazettal of amendments to the LEP removing FSR from the controls for Kensington Town Centre. Consideration of FSR is not required, however the reduction in gross floor area will not result in any additional impacts on surrounding properties.

 

10.2     Building Envelopes

 

No change is proposed to the height of the building or its overall bulk and scale. The building depth will not change as a result of the modifications.

 

The eastern wall of the development will be extended an additional 2.5 metres towards the eastern boundary. This will increase the length of the Carlton Street (northern elevation) of the building to 34 metres and will reduce the setback to the eastern boundary from 7.5 metres to 5.5 metres.

 

The proposed reduction of the setback to the eastern boundary will not result in significant impacts to adjoining properties to the east. The length of this wall remains at 18 metres as per the DCP requirement and the approved plans. The reduced setback to 5.5m will have a limited impact in terms of visual bulk when viewed from adjoining properties.

 

The proposed change to the eastern setback of the building will not result in privacy impacts to adjoining properties to the east. Eastern edges of balconies on levels 1-3 will be treated with aluminium louvres to minimise the potential for overlooking. Condition 126 requires privacy screening to be provided to the eastern edge of balconies on levels 4 and 5 to minimise the potential for overlooking from south facing balconies. Windows in this elevation are highlight windows to bedrooms and windows to bathrooms, which will be obscured.

 

The orientation of the site results in shadows that move significantly throughout the day. The increase to the northern elevation will slightly increase overshadowing to properties to the east of the site during midwinter afternoons, however three hours of solar access will be maintained. The other three corners of the building will remain as previously approved and therefore will not change the overshadowing impact of the proposal.

 

The extension of the Carlton Street elevation, above street level an additional 2.5 metres will not significantly increase the bulk and scale of the building from Carlton Street. The proposed extension will reinforce the street edge of Carlton Street and the edge of the driveway, which could be extended to provide access to adjoining properties.

 

The proposed increase to the building length along Carlton Street will not result in significant loss of privacy or amenity to surrounding properties or result in streetscape impacts and may be supported.

 

10.3     Communal Open Space and Landscaping

 

The proposed landscaped podium will provide communal open space in accordance with the requirements of the finalised Kensington Town Centre DCP. The communal open space provision at level 1 of the building will enhance the amenity and outlook of the units through the planting proposed. The podium will provide a consolidated area for communal recreation in accordance with the DCP objectives for communal open space. The landscaped podium will provide an alternative to the roof terraces at the top of the building, giving variety and providing spaces for recreation during summer and winter periods.

 

The planting proposed at the eastern end of the podium will provide screening between the site and surrounding properties and will ensure the podium does not result in privacy impacts, despite its elevation.

 

The proposed modification will increase the width of the landscaping zone at the rear of the site from 1m to an average of 2m. This will allow for more substantial planting that the current approval would support and will provide for stormwater infiltration as this area is not located above a basement. The landscaping zone has been extended to run along the southern boundary of the site providing a landscaped ‘buffer’ zone between the subject site and adjoining property to the south.

 

The proposed modifications to the landscaping and communal open space will improve amenity for residents and surrounding properties and is supported.

 

10.4     Apartment Mix and Size

 

No change is proposed to the approved apartment mix.

 

The size of the apartments will generally remain as per the current approval with internal layouts being redesigned to provide greater amenity. The changes to layout will not affect compliance with the minimum width, area and room sizes stipulated by the DCP. Units in the eastern part of the building will be slightly increased in size as a result of the reduced setback to the eastern boundary. This will improve the amenity of the units and will increase their size above the permissible minimum.

 

It is proposed to delete one of the lift cores, leaving two lifts to service the development. The deletion of a lift will not result in non-compliance with the DCP with regard to servicing, travel distances and maximum numbers of units off each lift lobby.

 

10.5     Carparking and Delivery Access

 

The proposed changes to the development will result in a non-compliance of 2 commercial carparking spaces, as per the current approval. A section 94 contribution has been proposed in lieu of on-site provision.

 

The revised layout of basement level 1 has improved the efficiency of the carparking. The deletion of basement level 2 and removal required ramping to access the lower level has improved circulation and layout of the first basement level.

 

The provision of at-ground level parking will not affect the streetscape in this instance as the DCP requires a right-of-way/ driveway that is offset approximately 7.5 metres from the eastern boundary of the site. This location of the right-of-carriageway is intended to ensure the ROW aligns with properties further south along Anzac Parade. The setback isolates the strip of land adjacent to the vehicular access and the use of this setback for parking and landscaping will not detract from the appearance of the site from Carlton Street. The approved application shows a driveway setback 1m from the eastern boundary, which would not comply with the current DCP, in terms of the driveway location and required planting setback. The increase in the landscaped zone to 2m average is less than the required 3m for semi-basement parking, but is a significant improvement on the previous design. The use of the setback to the eastern boundary of the site for carparking and landscaping is a satisfactory ‘trade-off’ for relocation of the driveway on this key site.

 

The DCP requires right-of-ways to be underground. This site is an entry/ exit point for the establishment of rear lane access to all properties fronting Anzac Parade in this block. The driveway is graded to approximately 1:20 to allow for undergrounding of the right-of-carriageway on sites further to the south. The 1:20 slope of the driveway achieves a difference in level from Carlton Street to the southern boundary of approximately 1.15 metres. The movement of the driveway to align with the finalised DCP and lower the level of the right-of-way is an improvement on the current design (approved prior to the DCP being finalised). The new driveway will encourage undergrounding of through access to adjoining sites. The proposed location of the driveway/ right-of carriageway is satisfactory.

 

The proposal, subject to conditions of consent is considered to be satisfactory with regard to the provisions of Council’s DCP – Parking and the Kensington Town Centre DCP.

 

11.  CONCLUSION

 

The proposed modifications will improve compliance with Council’s Kensington Town Centre DCP and will accommodate the provision of below ground, rear lane access to sites fronting Anzac Parade. The removal of the second basement level of parking will result in a lesser depth of excavation without significant impacts on the streetscape presentation of the proposal. The reconfiguration of the residential units and circulation areas of the building and provision of a communal landscaped podium will improve the size and amenity of the units.

 

The application is recommended for support subject to conditions. The proposal is considered to be substantially the same development as that previously approved and may therefore be approved by Council.

 

12.  RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 1064/2001 on property 76-82 Anzac Parade in the following manner:

 

1.       Amend Condition Nos. 1, 27, 80, 82, 84, 85, 98, 114, 116, 117, 118 to read:

 

1.       The development must be implemented substantially in accordance with the plans drawn by Nettleton Tribe, numbered 2575 001B to 2575 014B dated June 2003 and received by Council on 25 June 2003, as amended by sketch plan 2575_SK01, stamped received on 28 August 2003, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

27.     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               $67,019.53

b)         for the provision or improvement of community facilities   $29,632.82

c)         for car parking                                                                            $23,926.00

 

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.

 

80.       The driveway opening at the Carlton Street frontage of the site must be located at least 1.0 metre clear of the side property boundary.

 

82.       Two (2) disabled parking spaces are required to be marked and signposted with minimum dimensions of 3.2m * 5.5 metres.

 

84.       The 7 commercial spaces shall be linemarked and signposted accordingly on the Ground Level, (spaces 1 – 7).

 

85.       The ten (10) visitor car spaces shall be clearly marked and located on the Ground Level, (spaces 8-12 and 15-19).

 

98.       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.

 

Any electricity substation required for the site is to be located within the site and is to be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant is to liaise with Energy Australia prior to lodging the construction certificate to see if an electricity substation will be required for the development.

 

114.     Prior to the commencement of building/demolition works the applicant is to liaise with the Department of Sustainable Natural Resource (DSNR) regarding the obtaining of a dewatering license for the site, if required.

 

116.     The proposed ground floor retail areas are to be constructed at the following minimum floor levels:-

 

a)         Retail Area 1 -  RL28.44 AHD

b)         Retail Area 2 -  RL28.32 AHD

c)         Retail Area 3 – RL 28.30

 

This condition is required to ensure that the proposed retail floor levels are a minimum of 300 mm above the calculated 1 in 100 year storm flood level.

 

117.     The garbage room area for the residential units will have to be designed so as to be able to contain a minimum of 36 x 240 litre bins (18 garbage bins & 18 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.

 

118.     A separate garbage area will have to be provided for the proposed 3 retail areas, (i.e separate to the residential unit’s garbage area). The applicant is to liaise with Council’s Manager of Waste regarding the required size of this garbage area. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

2.       Add the following condition:

 

126.     A privacy screen having a minimum height of 1.6m measured from the finished floor level of the balconies is to be provided to the eastern end of south facing balconies to Units 32 and 38 and the screen shall be constructed of lightweight materials.

 

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

 

3.       Delete Conditions 87 and 89.

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

 

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

9 September 2003

FILE NO:

D0404/2003/GA

 

PROPOSAL:

 Alterations and first floor additions to semi-detached dwelling house including rear balcony

PROPERTY:

 257 Doncaster Ave Kensington

WARD:

 North Ward

APPLICANT:

 N Bolianitis

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee by Councillors Whitehead, Notley-Smith and Greenwood.

 

The primary issue of the application relates to the design of the first floor addition, specifically the dormer window, which is not of a traditional built form. The proposal is considered to be an acceptable design solution for a first floor addition to a semi-detached dwelling house.

 

The proposed works are valued at $100, 000.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal is for alterations and a first floor addition to the existing semi-detached dwelling house. To the ground floor access stairs are to be accommodated. The new first floor addition is to provide two bedrooms, a bathroom and a rumpus room with a rear balcony proposed with access from this rumpus room. To the front of the dwelling off bedroom 1 a dormer window is proposed which extends diagonally across the ridge of the existing roof.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Doncaster Ave located between the intersecting streets of Borrodale Rd and Doran St. The site has a total site area of 270sqm with a width of 6.7m and a depth of 40.235m. The site contains a semi-detached dwelling house. The pair of semi-detached dwellings are not identified as items of environmental heritage or contained within a conservation area. The two dwellings are architecturally intact and any works need to be sympathetic to the symmetry of the pair of dwelling houses.

 

The streetscape is relatively consistent in terms of density, bulk and scale and architectural style, with adjoining properties being predominantly made up of semi-detached dwelling and detached dwelling houses. There are a number of examples of more recently constructed first floor additions.

 

 

The subject house with the varied pitched roof visible.

 

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

There is record of a consent issued in 1990 for a garage and for ground floor alterations in 1997. No other applications have been received for the site.

 

The current application was lodged with Council on the 20 May 2003. On the 24 June the assessing officer raised concerns for the design of the dormer window to the first floor addition. In subsequent discussions, the architect made reference to a similar development at 87 Garrett St Maroubra. An inspection of this site was undertaken and the similarities between the two developments enabled a clearer understanding of the built form of the proposed dormer window. The attached photos of 87 Garrett St Maroubra under the Environmental Assessment section of the report indicate the similarities.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

D Greenfield

255 Doncaster Ave

 

·    The proposal destroys the heritage value of the complete building and would be unsympathetic to the dwellings

 

Comment

 

Neither the subject site nor the adjoining semi-detached dwelling are heritage listed, within the vicinity of a heritage item or listed as part of a conservation area however the architectural quality of the dwellings are noted hence particular consideration of the proposed built form in relation to the existing building was undertaken.

 

This concern has been investigated and a similar site with a constructed first floor addition of the same design has been inspected. It is considered that the attached photos under Environmental Assessment section of this report clearly indicate the merits of the proposed design solution.

 

 

·    Any increase in roof space usage would increase the present problem of noise transmission

 

Comment

 

The anticipated level of noise transferral through the party wall as a result of the first floor is not considered to be significant as these new rooms are primarily bedrooms and as such are low usage habitable rooms.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application not referred for technical comment within Council.

 

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:-

 

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

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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. 

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

 

S2  Private open space

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

 

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

 

 

 

 

 

 

 

 

 

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

 

 

Yes, north facing windows are not provided as the northern elevation is the party wall.

 

 

Yes, private open space achieves adequate solar access

 

 

No, due to orientation of the site however performance requirements are achieved as windows are currently overshadowed there is no further reduction in solar access.

 

 

 

 

Yes, recreation areas achieve solar access from late morning onwards.

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·     

P2  Water consumption minimised inside dwelling .

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

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

Yes - conditions requiring the first floor to connect to the existing stormwater drainage system.

 

Yes, through conditions


LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

S1  40% of the total site area is landscaped.

 

Landscaped area not affected by this proposal

FLOOR AREA

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

FSR

<300m2            0.65:1

No, 0.69:1 however bulk is compatible with surrounding properties and amenity impacts are minimised.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

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

 

 

 

 

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

 

 

 

 

 

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

 

Yes, external wall height 6.3m.

 

 

 

 

 

No- greater than 12m however the first floor addition integrates within the built form of the dwelling and the streetscape.

 

No- non-traditional roof form however the design is considered sympathetic to existing built form and streetscape.

BUILDING SETBACKS

 Side Setback

 

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

Side Setbacks

 

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

 

 

 

 

 

No, first floor min 1320mm which is less than 1500mm however achieves performance requirements.

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

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.

 

 

 

 

 

Yes, habitable rooms are obscured no direct sightlines.

 

 

 

Rear balcony fitted with privacy screens such that overlooking to rear yards of neighbours is minimised.

 

SAFETY AND SECURITY

P2  Entries are readily identifiable

S1,2,3  Front doors visible from street.

Yes- no change to entry.

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1            Floor Area

 

The preferred solution for floor space ratio for this site is 0.65:1. The proposal achieves a FSR of 0.69:1, which exceeds the preferred solution (by some 12sqm). The variation is minimal and not considered to have an adverse impact on the amenity of the adjoining neighbours or the character of the streetscape.

+

The performance requirements of the control are to ensure that developments are not excessive in bulk or scale but are compatible with the existing character of the locality. Built forms must minimise adverse effects of bulk on neighbours, streets and public open space. It is considered that the proposal satisfies the performance requirements whereby the bulk is minimised through the design of the first floor addition with the addition set well back from the front of the semi and is concealed by the use of the angled dormer minimising visibility of the remaining floor area set behind the roof ridge.

 

There are other examples of first floor additions within the streetscape and as such the scale of the proposal is considered to be consistent with the character of the area.  Whilst loss of solar access will be experienced by the adjoining property owner to the south, it is only a minimal increase from the level currently experienced. Reducing the floor area to the first floor to achieve the preferred solution would not significantly improve the amount of solar access to the property to the south.

 

8.2            Height, form and materials

 

The proposed external wall height of the dwelling is a maximum of 6.4m, which achieves the preferred solution. The height of the dwelling as a result of the first floor addition is considered to be consistent with the scale of surrounding developments.

 

The design of the first floor addition is considered to be an acceptable design solution to providing an addition where there is a multi-pitched roof form. The main bulk of the addition is well set back from the front of the dwelling and will not have an intrusive visual impact, as it allows the original roof form to be read despite the non-traditional dormer treatment.

A similar first floor dormer addition to that proposed this is constructed at 87 Garrett St Maroubra. The quality of the design is visible. The dormer whilst non-conventional in design will not detract from the architectural integrity of the dwelling

 

 

 

 

Whilst the adjoining semi-detached dwelling does not have a first floor addition the proposed first floor addition is considered to be sympathetic to the design of the two dwellings and will retain a level of symmetry. It is considered that the proposed first floor addition being of a non-traditional design will not restrict the redevelopment options of the adjoining semi-detached dwelling in the future as either a traditional or non-traditional form would integrate well with this built form.

 

The finishes and materials of the first floor addition will be conditioned to be consistent with the existing character of the semi-detached dwellings.

 

8.3       Building setbacks

 

The proposed  first floor addition is setback 1.32-1.42m from the southern boundary and is set on the party wall to the north. The proposed southern boundary setback will not meet the preferred solution, however it will allow adequate access to natural daylight and will not dominate the adjoining property. It is considered that the performance requirements are satisfied.

 

8.4       Visual and acoustic privacy

 

There will be minimal overlooking as a result of the first floor addition. Bedrooms are considered to be low usage habitable rooms such that overlooking is reduced. To the rumpus room highlight windows are provided to restrict sightlines to neighbouring properties. To the rear deck an 1800mm privacy screens are proposed which will obstruct sightlines into adjoining properties recreation areas.

 

To reduce the usability of the rear deck the structure shall be reduced to have a maximum depth of 1700mm in line with the ground floor patio so the balcony does not cantilever over the ground floor footprint.

 

Acoustic privacy was raised as a concern by the adjoining semi-detached dwelling however it is considered that the additional rooms to the party wall are bedrooms which are low usage rooms unlikely to generate any significant noise impacts.

 

8.5       Solar access

 

Shadow diagrams were submitted indicating the degree of additional overshadowing to the adjoining properties during the winter solstice. Additional overshadowing will be experienced to the northern elevation and rear yard of the adjoining property no. 259 Doncaster Ave however for most of the year the existing level of sunlight will not be significantly reduced. An acceptable level of solar access is maintained. Consideration needs to be given to the orientation of the site where some  level of overshadowing is to be anticipated and cannot be improved by a varied built form.

 

It is considered that north facing habitable rooms do not lose any additional solar access at the winter solstice and as such the performance requirements are satisfied.

 

9.    CONCLUSION

 

The proposed first floor addition is considered to satisfy all of the performance requirements of the relevant standards contained within DCP Dwelling Houses and Attached Dual Occupancies. The first floor addition, whilst incorporating a non-traditional gable to the front of the dwelling, is considered to relate well to the built form of the existing dwelling and adjoining semi-detached dwelling. The addition will respond well to the streetscape of this section of Doncaster Ave being consistent in bulk and scale. The development will have minimal amenity impacts to adjoining properties.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 404/2003/GA for Alterations and first floor addition to semi-detached dwelling house including rear balcony at 257 Doncaster Ave Kensington subject to the following conditions:-

 

Deferred Commencement Condition

 

The consent is not to operate until the following amendments to the proposal have been submitted to and approved by the Director of Planning and Community Development.

 

1.         The colours, materials and finishes of the external surfaces of the new work are to be in keeping with the existing dwelling and the adjoining semi detached dwelling at No.255 Doncaster Avenue, to maintain the integrity and of the buildings and the streetscape. All new windows shall be timber framed and roof tiles and brickwork are to match the existing dwelling. A Schedule of the external colours and finishes is to be submitted to Council.

 

Development Consent Conditions

 

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

                                               

1.         The development must be implemented substantially in accordance with the plans numbered A02518, dated 11/02 and received by Council on the 20 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 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.

 

3.         The rear first floor balcony is to be reduced in depth from 2.4m to be no greater than 1.7m to match the ground floor patio and to minimise the potential for overlooking and other amenity impacts.

 

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  located upon:

 

                      a)           The premises adjoining at No 255 Doncaster Ave, Kingsford.

 

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

 

The following 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:

 

5.         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.

 

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

 

6.         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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

9.         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.

 

10.       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.

 

11.       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.

 

12.       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.

 

13.       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.

 

14.       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

 

15.       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.

 

16.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

A4 reduced architectural plans

 

 

 

………………………………

………………………………

 

AOIFE WYNTER

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

27 August, 2003

FILE NO:

 D03/00063/GL

 

PROPOSAL:

 Subdivision of land into 2 lots for future residential development and public road, associated subdivision works including streets, provision of utility services, landscaping and earthworks.

PROPERTY:

 33-149 BUNDOCK STREET & 373A AVOCA STREET, KINGSFORD

WARD:

 Central Ward

APPLICANT:

 COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council as it involves development of the Defence site at Bundock Street, which is of significant public interest.

 

The application is for the sub-division of land for future residential development, a public road, and associated infrastructure works in a section of the Defence site designated as Part Stages 5 and 6. Another development application has been lodged for the Stage 2 and 3 of the development (DA No. 062/2003), which is currently being assessed.

 

The proposed sub-division is permissible under Randwick LEP 1998. The application is also permissible under the provisions of the Randwick Local Environmental Plan No 23. The application is also consistent with the provisions of the DCP - Defence Site Kingsford and the relevant requirements of the Master Plan for the Defence site, which was adopted on 13 November 2001.

 

As the proposal is for land sub-division and associated infrastructure works, it will have no immediate impact on the amenity of adjoining properties in terms of solar access, privacy and views. The sub-division design will be conducive to further sub-division into residential lots that will be consistent with existing surrounding lots, provide for frontages oriented to streets and public open space, facilitate security and surveillance of footpaths and public open space.

 

To minimise the impact of construction activity on adjoining and surrounding properties including the spread of dust and contaminated stormwater, a construction management plan has been submitted with the application, which will be augmented by additional construction management provisions from Council should approval be granted.

 

Whilst the decontamination and remediation works for the site are part of Commonwealth Works undertaken under the Notice of Intention prepared for the site, Council as part of the adoption of the Master Plan required that the proposal be subject to the requirements of State Environmental Planning Policy 55 to ensure that the subject site and the overall development precinct is remediated to standards appropriate to the future and on-going use of the land. Accordingly, a site audit statement must certify that the site is suitable for landuses as identified in the Master Plan and issued by a site auditor accredited by NSW EPA, under the Contaminated Land Management Act 1997. The site audit statement must be unconditional, that is, it must be issued with no conditions requiring ongoing management or monitoring.

 

In addition, Control No 44 of the adopted Master Plan requires the Defence site to be remediated to the maximum standard for residential and other sensitive land uses applicable under State and Commonwealth legislation, and in the case of asbestos or other contaminants where no adopted standard exists, the site is to be remediated to an asbestos free level or to a level where no unacceptable health risk remains. Clause 7(1) of SEPP 55 states that a consent authority must not consent to carrying out of any development unless it has considered whether the land will be suitable for the purpose for which development is proposed or it is satisfied that the land will be remediated before the land is used for that purpose.

 

A site auditor has been appointed for the Defence site who is currently preparing the site audit statement for the site and reviewing the work of the Department of Defence’s remediation consultant. In preliminary advice to Council on the potential for remediation of the site for the proposed land uses, the site auditor has indicated that, based on the nature and extent of the contamination identified, the contamination identified in the site is considered to be minor in nature and extent, and therefore remediation and validation of the subject site is practicable, utilising locally available remediation technologies to enable the use of the site for the proposed residential use to proceed in accordance with Council’s requirement stipulated in the Master Plan.

 

The site auditor further advises that relevant soil and groundwater criteria have been applied in an appropriately conservative manner to the subject site by Defence’s consultant to characterise, remediated and validate the sites, to enable their proposed reuses to proceed in an unconstrained and unconditional manner.

 

In view of the advice given by the site auditor, it is considered that a deferred commencement consent can be granted for the proposed development pursuant to Section 80(3) of the EPA Act which will require, amongst other things, that the applicant demonstrate that the site has been remediated to a level suitable for the proposed use through submission of a site audit statement prior to the development consent operating.

 

The recommendation is for deferred commencement subject to conditions.

 

2.    THE PROPOSAL

 

The proposal is for the sub-division of land to create the following:

 

§ 1 lot for future residential development and a public road

§ 1 residual lot

 

and for associated sub-division works including construction of streets, pathways, landscaping, provision of utility services and earthworks comprising Stages 5 and 6 of the development precinct.

 

Access into the site will be provided via an extension of Garden Street which will link with a new street shown on plan as Lobelia Street running east/west. The eastern end of Lobelia Street will link into an extension of Cooper Street and that part of Lobelia Street approved as part of the Stage 1B development consent (DA No. 0428/2002) granted on 23 September 2002.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site forms part of the development precinct, which is the land identified in the adopted Master Plan for residential development, parks and streets. This development precinct comprises surplus Defence land contained within the overall Department of Defence site at Bundock Street.

 

The subject site is located in the southern section of the Bundock Street Defence site north of Holmes Street It has an area of 1.35 ha and is bounded by the existing residential lots fronting Holmes Street to the south, and other land forming part of the overall development precinct to the west, north and east.

 

4.    SITE HISTORY

 

The Defence site at Bundock Street has been used for army purposes for a number of decades. In the last 10 years reorganisation of the logistics and supply functions of the Australian Defence Force has led to a significant portion of the Defence land being declared surplus to requirements. A Master Plan was adopted on 13 November 2001 for the portions of the surplus land comprising Lots 11, 14 and 18 in DP 1009660, Lot 11 comprising the proposed Army Oval, and Lot 17 comprising the Randwick Environmental Park, which in total has an area of approximately 49 ha. The Master Plan details the sub-division and development of the development precinct for primarily residential, open space and community facility purposes. The Master Plan also proposes the establishment of the Randwick Environmental Park comprising of Lots 16 and 17 in DP 100960 and  involving rehabilitation and regeneration of 13.116 ha of land in the eastern part of the development precinct. A separate development application for the Randwick Environmental Park together with a Plan of Management has been submitted to Council and is currently being assessed.

 

In December 2000, the Department of Defence received authorisation from Environment Australia for Commonwealth Works identified in a Notice of Intention (NoI) issued in relation to these works. The following works were identified in the NoI:

 

§ Remediation of contaminated land and buildings

§ Clearing and removal of vegetation

§ Demolition and removal of buildings

§ Earthworks, recontouring of the site and landscaping

§ Construction of a sporting oval

§ Construction of a community centre

 

The Commonwealth does not require Council’s consent to carry out the NoI work listed above.

 

The Department of Defence has proceeded with the remediation of the site under Commonwealth powers such that Council is not the consent authority for the remediation works. In adopting the Master Plan Council required the applicant to comply with all requirements of SEPP 55.

 

Notwithstanding the remediation authorisation from Environment Australia, and in the absence of EPA guidelines for asbestos levels for residential use, the Land and Environment Court of NSW (NSWLEC 79) took the precautionary approach by not agreeing with an asbestos level of 0.05 per cent in soil. In the case of asbestos contamination, it required that the site be asbestos free or remediated to a level where no unacceptable health risk remains as confirmed by the relevant State and/or Commonwealth Government authority. The site auditor has indicated that this is achievable. This is further discussed in Section 10.11 below.

 

5.    COMMUNITY CONSULTATION

 

The proposal has been notified, advertised (for a period of 28 days) in accordance with the Randwick LEP 1998. The application was also referred to the Moverly Precinct Committee. The following submissions were received:

 

5.1  Objections

 

L. Curtis, 86 Bundock Street, Randwick

 

§ Proposed roundabout in front of objector’s home will make it difficult to reverse out of driveway.

§ Increased traffic noise.

§ Headlights of traffic exiting the site will disturb sleep.

 

E. Armson and G. Williams, 88 Bundock Street, Randwick

 

§ The proposed new road onto Bundock Street will have detrimental effect on residents in the area.

§ Same objections as those raised by Mr L. Davidson of 86A Bundock Street

 

L. Davidson, 86A Bundock Street, Randwick

 

§ Adverse and increased traffic and traffic noise at the new intersection on Bundock Street.

§ Increased risk of accident, collision and injury at the new intersection on Bundock Street.

§ Increased risk of damage to local property at the new intersection on Bundock Street.

§ Additional toxic petrochemical fumes, particulate emissions and dust arising from the proposed new intersection on Bundock Street.

§ Headlight glare and headlight flashes at all hours of dawn, evening and night arising from new intersection on Bundock Street.

§ Adverse impacts on disability and wheelchair access for local residents arising from the proposed new intersection on Bundock Street.

 

S. Heiler, 86a Bundock Street, Randwick

 

§ Insufficient notification and exhibition of DA submission and variations to consent.

§ The proposal is piecemeal making it difficult to review.

§ Adverse impact of traffic noise not assessed.

§ Community consultation as a means of controlling construction noise is inappropriate.

§ Inadequate assessment of impact on flora and fauna.

§ Removal of existing trees on Bundock Street with no proposed replacement is unacceptable.

§ Soil on-site is contaminated and its movement generates dust.

§ Lack of information on the testing, and monitoring of soil contamination on-site.

§ No information on location of proposed sub-stations on-site.

§ Relocation of Energy Australia’s high voltage cables predetermines the location of the main road and intersection off Bundock Street.

§ Designated parks are inadequately sized.

§ No provisions for ecologically sustainable development principles.

§ No assurance of air quality during construction.

§ Lack of detailed information on proposed traffic management throughout the site.

§ Location of proposed main northern access will be conducive for increased use by both internal residential and through traffic.

§ Adverse impact of car headlights and tail-lights

 

Most of the submissions raise objections to issues relating to the proposed access arrangements under Stages 2 and 3 as contained in Development Application No. 062/03 which will be addressed as part of the assessment of that application. Issues raised in relation to this application for Part Stages 5 and 6 will be addressed in Section 10.13 below.

 

5.2       Support

 

No submissions in support of the proposed development were received.

 

6.         TECHNICAL OFFICERS’ COMMENTS

 

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

 

6.1       Environmental Health and Building Comments

 

The Manager Environmental Health and Building advises as follows:

 

Contaminated Land

 

The adopted Master Plan requires that the subject site and the overall land comprising the development precinct be remediated to the maximum standard for residential and other sensitive land uses applicable under the relevant State and Commonwealth legislation and guidelines, and in the case of asbestos or other contaminants where no adopted standards exists the site is to be remediated to an asbestos free level or to a level where no unacceptable health risk remains as confirmed in writing by the relevant State and/or Commonwealth Government Authority. A site audit statement must certify that the site is suitable for unrestricted landuses as identified in the Master Plan. The site audit statement must be unconditional (that is, to the extent that it must be issued with no conditions requiring ongoing management or monitoring) issued by a site auditor accredited by NSW EPA, under the Contaminated Land Management Act 1997.

 

The Master Plan also states that, in the case of staged development of the site, the site auditor may issue a site audit statement for that part of the site suitable for the proposed land use. In this situation, the part of the site suitable for the proposed landuse must be professionally surveyed and a survey plan attached to the site audit statement. The site auditor must consider the compatibility of the land uses during the process of staged development and must make sure that validated areas are protected from re-contamination from adjacent site works.

 

An independent site auditor accredited by NSW EPA has been appointed to prepare a site audit statement for the site. In relation to asbestos contamination, the site auditor is required to consult with the NSW EPA and NSWHealth where there is no guideline for remediation. Accordingly, the site auditor has consulted with the EPA and NSWHealth requesting guidance on the Department of Defence’s intended approach to validation of asbestos-in-soils in the Defence site as contained in the validation strategy developed by the Department’s consultant, Egis Consulting. NSWHealth have assessed the Egis asbestos-in-soil validation strategy and have advised that the strategy is appropriate for the site.

 

In preliminary advise to Council on the potential for remediation of the site to a level suitable for proposed land uses, the site auditor has commented as follows:

 

“In our review, we have carefully considered the (Defence Department’s) Consultant's proposed assessment criteria for the sites' proposed uses.  Based on the current approach applied to the management of contaminated sites in New South Wales, the Environment Protection Authority (NSWEPA) has accepted the use of the 1992 ANZECC/NHMRC Guidelines for the Assessment and Management of Contaminated Sites and the 1999 National Environment Protection Measure for the Assessment of Contaminated Sites, as the general philosophy for site assessment and remediation.  Furthermore, the threshold concentrations presented in the NSWEPA’s 1998 Site Auditor Guidelines are considered as appropriate soil assessment criteria for the proposed land uses.  "No detectable asbestos fibres" has been proposed for the asbestos remediation and validation.  For groundwaters, the ANZECC (1992) Australian Water Quality Guidelines for Fresh and Marine Waters have been generally accepted by the NSWEPA as appropriate investigation levels for investigations commenced prior to September 2001. 

 

We consider that these soil and groundwater criteria have been applied in an appropriately conservative manner by the site assessment Consultants to characterise, remediated and validate the sites, to enable their proposed reuses to proceed in an unconstrained and unconditional manner.

 

In summary, the site characterisation for the study areas has adequately defined the contamination conditions at the site to enable practical remediation technologies to be developed for implementation, if required.  Technologies under consideration are currently available in Australia.  The nature and extent of the contamination identified can normally be addressed by these technologies to enable the area’s proposed uses to proceed.  However, as with all remediation and validation operations, the proposed reuse of the study areas will only be permitted subject to the normal verification (validation), with subsequent sign-off by a suitably qualified and EPA accredited, independent Environmental Site Auditor.”

 

The site auditor concludes that, based on the nature and extent of the contamination identified, remediation and validation of the subject site is practicable, utilising locally available remediation technologies to enable the use of the site for the proposed residential to proceed.

 

In view of the advice given by the site auditor, it is considered that a deferred commencement consent can be granted for the proposed development pursuant to Section 80(3) of the EPA Act essentially requiring the applicant to demonstrate that the site has been remediated to the required level prior to the development consent operating.

 

Should the approval be granted to the application, appropriate conditions should be included in the development consent.”

 

6.2       Drainage Comments

 

The Director of Assets and Infrastructure Services advises that no drainage related objections are raised to the application subject to conditions should approval be granted.

 

6.3       Assets Comments

 

Council’s Asset Co-ordinator has considered the application and advises as follows:

 

“1) That plans, specifications, quality plans, environmental plans and details of all civil infrastructure, that is to be transferred to Randwick City Council’s care and control, be submitted to the Director Assets and Infrastructure Services for approval prior to the commencement of site works.

 

2)   Road and civil works shall be constructed generally in accordance with the Council approved construction specifications for Stage 1A road construction works.

 

3)   That the applicant submit to Council an Unconditional Bank guarantee in a form specified by Council in the amount of $500,000 for the proper performance of the infrastructure transferred to Council for the full period of the defects liability period. A fifty-two week defects liability period apply commencing from the date of Councils Acceptance of the public roads and lands and the provision of the abovementioned unconditional bank Guarantee.

 

4)   All Energy Australia Service Turrets shall be recessed wholly into the property boundaries, so that the turrets do not cause a trip hazard and the turrets do not hinder or obstruct the movement, access and enjoyment of the road reserve.

 

5)   Provision of all asset data in a suitable form for incorporation into Council’s asset management systems.

 

6)   All quality tests and infrastructure certifications shall be submitted for Council’s acceptance prior to Council releasing the plan of subdivision and the acceptance of infrastructure that is to be transferred to Council’s care and control.

 

7)   Where concrete roads shall have asphaltic wearing course the asphaltic wearing course shall be stone mastic asphalt 10mm nominal aggregate size with a wearing course depth of 30mm. “

 

Conditions will be applied should approval be granted

 

6.4       Landscape Comments

 

Council’s Landscape Officer advises as follows:

 

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

 

a)   One Ficus rubiginosa (Port Jackson Fig) located within the site. This tree is a significant specimen, providing food and habitat for native fauna and as such should be retained as part of this application.

 

b)   Two Eucalyptus maculata (Spotted Gums) located within the site. These trees are fair to poor specimens, not worthy of retention. As such, permission should be granted for the removal of these trees.

 

c)   One Phoenix canariensis (Canary Islands Date Palm) located within the site. This tree has some aesthetic value, however, it will be required to be removed to allow for the construction of the proposed road. Given that this tree becomes susceptible to Fusarium when transplanted in this area, permission should be granted for its removal.”

 

Appropriate landscape conditions will be applied should approval be granted.

 

6.5       Bushland Comments

 

Council’s Bushland Management Officer advises that the proposed Randwick Environmental Park may be subjected to detrimental effects from the proposed development from, amongst other things, access, earthworks, construction, placement and storage of items and substances, disposal of items and substances, erosion and siltation. To mitigate these effects, mitigation actions will be applied through conditions of consent should approval be granted.

 

Section 5A of the Environmental Protection and Assessment Act 1979, requires an eight-part test to be undertaken where threatened items or habitats are likely to be detrimentally affected by development. Two threatened items are present in land adjacent to the subject site: Eastern Suburbs Banksia Scrub and Acacia terminalis subsp. terminalis. Two eight-part tests have been performed by Council (see attachment to this report). The tests indicate that there is not likely to be a significant effect on either Eastern Suburbs Banksia Scrub or Acacia terminalis subsp. terminalis nor on their habitat due to the Stage 1B development subject to mitigation measures to be included as conditions of consent should approval be granted. Species Impact Statements for each of the threatened items are therefore not required.

 

In summary, given adequate mitigation measures, including those proposed by the Applicant and those to be imposed by Council, there is not likely to be a significant detrimental effect on the proposed Randwick Environmental Park or the threatened items it contains. The Bushland Management Officer therefore recommends that the application be approved subject to relevant conditions to protect the Randwick Environmental Park.

 

 

6.6       Traffic/Parking Comments

 

No traffic/parking objections are raised to the application subject to conditions should approval be granted.

 

7.    MASTER PLANNING REQUIREMENTS

 

A Master Plan for residential uses, open space, community facility, streets, and infrastructure in the development precinct was adopted by Council on 13 November 2001 subject to a number of variations and requirements for submission of future development applications. A revised Master Plan incorporating all the required variations was submitted and accepted by Council on 13 May 2002.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1       Randwick Local Environmental Plan 1998

 

The site is zoned Zone 2D – Residential D Comprehensive Development under Randwick LEP 1998 (Amendment No 23) which was gazetted on 9 May 2003. The proposed sub-division of land for residential development and roads will be permissible with Council’s consent under the zoning. The following Clauses of the LEP apply to the proposal:-

 

Draft Randwick Local Environmental Plan No. 23

Clause No.

Requirement

Provided

Compliance

30A(2) – Max FSR

Ranges from 0.5:1 to 0.75 (average FSR at 0.65:1)

No construction of dwellings as current application is only for subdivision and infrastructure works

N.A.

30A(3) – Landscape Area

40 per cent of site area and 30 per cent for soft landscaping

No landscaping provided as current application is only for subdivision and infrastructure works

N.A.

30A(4) – Max Wall Height

Ranges from 7.5m to 10.5m

(Along Bundock Street wall height is limited to 7.5m)

No construction of dwellings as current application is only for subdivision and infrastructure works

N.A.

30A(4) – Max Building Height

Ranges from 9.5m to 12m

No construction of dwellings as current application is only for subdivision and infrastructure works

N.A.

30B(2) – Relevant traffic or transport measures to be met.

A traffic report submitted indicating  road capacity impacts and necessary traffic measures.

Traffic report submitted assessing impacts and measures. Necessary traffic measures will be required as conditions of any consent to be granted.

Yes

 

42C – Land is suitably remediated for the intended use

Appropriate  evidence of validation and remediation of land for its intended purpose

Preliminary advice from site auditor that remediation and validation of the subject site is practicable to enable the intended residential use of the site pursuant to SEPP 55.

Deferred commencement conditions of consent are proposed.

 

8.2       State Environmental Planning Policy No. 55

 

SEPP 55 aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment. Clause 7 of the Policy states that a consent authority must not consent to the carrying out of any development on land unless:

 

(a)        it has considered whether the land is contaminated, and

(b)        if land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out, and

(c)        if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

Notwithstanding the fact that the decontamination and remediation works are part of Commonwealth Works approved under the NoI, Council requires that the proposal be subject to the requirements of SEPP 55 to ensure that the subject site and the overall land that is the subject of the Master Plan be remediated to current and safe standards appropriate to the future and on-going use of the land. With regard to asbestos, as no standard exists, Council has required that the site be asbestos free or to be remediated to a level where no unacceptable health risk remains as confirmed by the relevant State and/or Commonwealth Government authority.

 

8.3       State Environmental Planning Policy No. 32 – Urban Consolidation

 

SEPP 32 aims to promote the development of land by enabling urban land which is no longer required for the purpose for which it currently is zoned or used, to be redeveloped for multi-unit housing and related development, and to implement a policy of urban consolidation where a diverse range of housing types is to be developed in urban localities close to existing transport, employment and community facilities. Clause 7 of SEPP 32 requires Council to implement the aims and objectives of the policy when preparing LEPs.

 

The proposed sub-division and infrastructure works will facilitate future residential development of surplus Commonwealth land and is consistent with an adopted Master Plan that will primarily introduce a range of housing types thus increasing the availability of housing in the locality close to existing transport and community facilities.

 

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

 

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

 

While the subject application is only for sub-division and infrastructure works, the future residential developments that will be built on the sub-divided allotment will be guided by the controls contained in the adopted Master Plan, draft LEP and draft DCP which in turn have been designed having regard to the principles contained in SEPP 65. Furthermore, future residential development in the subject site and the development precinct as a whole will be required to incorporate the design quality principles of the Policy where applicable. In particular, future multi-unit housing developments should be designed to be consistent in scale and proportion and interesting in visual presentation to their context.

 

8.5       State Environmental Planning Policy No. 66 – Integrating Land Use and Transport

 

SEPP 66 aims to integrate land use and transport to ensure that urban structures, building forms, land use locations, development designs, sub-division and street layouts achieve the following planning objectives:

 

§ improved access to housing, jobs and services by walking, cycling and public transport

§ increasing the choice of available transport and reducing dependence on cars

§ reducing travel demand and distances especially by cars

§ supporting the efficient and viable operation of public transport

 

The proposed subdivision and infrastructure works will result in residential development that will be guided by the adopted Master Plan, Draft DCP and Draft LEP, all of which seek to ensure that land is used efficiently and in close proximity to existing public transport services. The overall development of the Defence site in this manner will cumulatively result in a new residential development area that, in terms of its location, density, and design, maximise the catchment of future public transport links. In addition, the subject site and the other areas of the development precinct will be linked by a comprehensive and efficient network of pedestrian and cycle access ways in line with the provisions of SEPP 66.

 

9.         POLICY CONTROLS

 

9.1       Development Control Plan – Defence Site Randwick

 

The DCP – Defence Site Kingsford was adopted on 21 May 2003. The DCP contains controls and guidelines primarily for residential development. The following controls relate to sub-division:

 

Requirement

Proposal

Compliance

Lots with direct vehicle access to car parking areas from a public road have a minimum width of 9m.

The single lot created under the current proposal will be suitable for subsequent sub-division into smaller residential lots that will have frontage to the proposed Lobelia Street. Future sub-divided lots will need to comply with the minimum 9m width requirement.

Yes

Lots with rear boundaries adjoining Holmes Street properties are to respect the sub-division patterns of lots on Holmes Street within the same block.

Any future sub-division of the proposed ‘super’ lot into smaller residential lots will have rear boundaries adjoining Holmes Street properties and will be required to respect the sub-division patterns on Holmes Street.

Yes

Corner lots are to have a size and shape that can accommodate development that results in a positive response to the prominent position of the corner and its frontage to two streets.

Any future corner lots in the proposed ‘super’ lot will be required to have a size and shape to accommodate development that enhances the prominence of the corner lot. 

Yes

All lots are to provide frontages oriented to streets and public open spaces to provide a clear address and so that personal and property security, deterrence of crime and vandalism, and surveillance of footpaths and public open space is facilitated.

Any future residential sub-division lots will have northern frontages oriented to Lobelia Street and a proposed Local Park on the opposite side of Lobelia Street.

 

Yes

Lots are to be oriented so that dwellings can take advantage of microclimatic benefits and can have dimensions that allow adequate on-site solar access and access to breezes.

The proposed single ‘super’ lot has an east west orientation that will allow for further sub-division into smaller north-facing residential lots that will have adequate solar access and breezes

Yes

Lots are designed to maximise efficiency in house plans and useable external areas by having a regular shape.

Future residential lots sub-divisions will be required to have regular shapes to maximise house layouts and external areas.

Yes

 

A merit assessment of the proposed sub-division in Section 10 of this report will apply the environmental standards and requirements of the draft DCP including those relating to energy efficiency, solar access, water efficiency, access and waste management.

 

9.2       Contaminated Land Policy 1999

 

Council’s Contaminated Land Policy 1999 provides guidelines for dealing with contaminated land within Randwick City Council in accordance with the provisions of SEPP 55. The Policy is made a policy under the Department of Urban Affairs and Planning’s (now PlanningNSW) Managing Land Contamination: Planning Guidelines (August 1998) and SEPP 55. In fact, the provisions of the Policy mirror the requirements and procedures outline in SEPP 55 for considering land contamination issues for development applications, sub-divisions and rezoning requests. Council in acting substantially in accordance with the guidelines contain in the Contaminated Land Policy 1999 when carrying out specified planning functions are taken to have acted in good faith and receive statutory protection under Section 145B and Section 145C of the Environmental Planning and Assessment Act.

 

In accordance with the requirements of the Contaminated Land Policy 1999 and SEPP 55, Council has required of the applicant:

 

1.   that a site audit be performed by an independent site auditor accredited with the NSW EPA to review the remediation of contamination in land within the development precinct

 

2.   the provision of a site audit statement prepared by the site auditor indicating in a clear statement that the land within the development precinct is suitable for the intended land use.

 

In line with these procedures, Council will require the following:

 

§ that no Construction Certificate for above ground works or works not directly ancillary to a remediation process be issued until, a Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998 is furnished to Council. The site audit statement issued to Council will be required to be unconditional, in that it requires no further monitoring, on going review or remedial actions in the site, and will cover both land and groundwater.

 

§ that remediation of the site including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards. In this regard, the Site Audit Statement must clearly state, where no standard exists, as with asbestos, that the remediated land is at an asbestos free level or to a level where no unacceptable health risk remains as confirmed in writing by the relevant State and/or Commonwealth Government authority. Accordingly, the entire site must be remediated to not less than the National Environmental Health Forum’s health based soil investigation level (NEHF A) standard, with the exception of open space, which must be remediated to not less than (NEHF E) standard (which is the remediation standard for open space).

 

§ that site remediation for any part of the site must be completed prior to the issue of a subdivision certificate for that part of the site.  No subdivision certificate will be issued for any part of the site until the receipt by Council of an acceptable site audit statement for that part of the site.

 

10.       ENVIRONMENTAL ASSESSMENT

 

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

 

10.1   Statutory Controls

 

The proposed development is permissible under the Residential 2D - Comprehensive Development zoning under Randwick Local Environmental Plan No 23. As the subject proposal is only for sub-division of land and infrastructure works, a number of controls in the Randwick Local Environmental Plan No 23 are not applicable to the proposed development. Notwithstanding this, the proposed development is generally consistent with the provisions of the Randwick Local Environmental Plan 1998 No. 23.

 

The site will be required to be remediated and validated in accordance with the provisions of SEPP 55 (see Section10.11 below).

 

10.2     Development Control Plans and Council Policies

 

The proposal complies with the sub-division controls contained in the DCP - Defence Site Kingsford.

 

The proposal has been subjected to the requirements of Council’s Contaminated Land Policy to ensure that the site is remediated to a level suitable for the intended use.

 

10.3     Site Suitability

 

The subject site is part of the development precinct of the Defence site, which is identified in the Master Plan adopted by Council on 13 November 2001 for residential development, parks, community facility and streets. The proposed sub-division and infrastructure works in Part Stages 5 and 6 are consistent with the layout of the subject area shown in the adopted Master Plan. As such, the site is suitable for the proposed sub-division and associated works. The subject site is located in an established urban area surrounded by existing road and services infrastructure, community facilities and open space in the locality.

 

10.4     Sub-division Design

 

The proposed sub-division of the subject site to open up a public road and provide access to the proposed lot for subsequent residential development is consistent with the proposed sub-division layout for this site shown in the adopted Master Plan.

 

The proposed sub-division also complies with the sub-division controls contained in the Draft DCP (see Section 10.1 above). In particular, the layout of the large single allotment will be conducive to further sub-division into residential lots, which can be made consistent with the sub-division patterns of existing adjoining lots on Holmes Street. Future sub-division of the large single allotment will provide for frontages oriented to a street (Lobelia Street) and public open space (Randwick Environmental Park) thus facilitating personal and property security, deterrence of crime and vandalism, and surveillance of footpaths and public open space. In addition, the future residential lots will be oriented so that dwellings can take advantage of microclimatic benefits and can have dimensions that allow adequate on-site solar access and access to breezes. Lots are amenable to design to maximise efficiency in house plans and useable external areas by having a regular shape.

 

Access will be provided from Holmes Street via an extension to Garden Street connecting into the proposed Lobelia Street. The proposed sub-division lot will have frontage to Lobelia Street.

 

10.5     Impact on adjoining development

 

As the proposal is only for the sub-division of land and associated infrastructure works, there will be no immediate impact on adjoining existing development in terms of loss of sunlight privacy and views. These sub-division and associated infrastructure works will facilitate the future development of the subject land for residential use, which will be guided by the requirements of the adopted Master Plan, the Randwick LEP (Amendment No. 23) and DCP- Defence Site Kingsford. Accordingly, future residential development arising from the proposed sub-division will be the subject of future development applications in which specific amenity impacts will be assessed. Potential impacts arising from construction works, site contamination and traffic are addressed in relevant sections below and, as indicated in these sections, will be generally acceptable subject to relevant conditions on any consent to be granted for the subject application.

 

10.6     Flora and Fauna

 

The applicant has submitted a flora and fauna report for the Part Stages 5 and 6 site. The report indicates that no threatened flora species (NSW Threatened Species Conservation Act 1995; Commonwealth Environment Protection and Biodiversity Conservation Act 1999) and no rare or threatened Australian plant species (ROTAP species) (Briggs and Leigh 1996) have been found on the subject site. The report advises that the most significant vegetation namely Arcacia terminalis ssp. terminalis is found well to the north-east of the Part Stages 5 and 6 site, on the other side of the detention basin within the Randwick Environmental Park. 

 

In relation to fauna, the report advises that the most recent inspections of the Part Stages 5 and 6 site occurred in October and November 2002 to determine whether changes had occurred since previous inspections undertaken in 2000. The report finds that the fauna of Part Stages 5 and 6 generally consists of species found in open areas in urban settings, and that there is little habitat for native fauna in Part Stages 5 and 6 as the site predominantly comprises areas of bare vegetation with small number of trees.

 

10.7     Public Domain, Landscaping and Open Space

 

Landscaping in the proposal will be provided primarily in terms of enhancement to the public domain through the introduction of appropriate street tree planting along Garden Street and Lobelia Street to complement the scale and character of these street, creation of a suitable edge treatment to the proposed Local Park on the opposite side of Lobelia Street and installation of street furniture that enhances the public domain. These works will be consistent with the adopted Master Plan for the site.

 

10.8     Traffic & Carparking

 

The applicant has submitted a Traffic Impact Assessment, which estimates that the total vehicle trips per hour during peak periods will be 16 (based on a total dwelling number of 19 for the Part Stages 5 and 6 proposal). When superimposed onto the road network, these trips will be split between Garden Street and Cooper Street at a rate of about 1 vehicle movement every 7 or 8 minutes on each of these access route. The Assessment advises that these flows are exceedingly low and the performance of these two access routes will remain unchanged such that there will be no requirement to implement any road capacity or amenity improvements as a consequence of the proposed Part Stages 5 and 6 development.

 

Council’s Traffic Engineer has advised that the traffic estimate based on the projected number of dwellings is considered acceptable. The traffic impact from the subject proposal is considered reasonable and the expected peak flow volume of approximately 16 vehicles per hour is considered low and no delays should be experienced in Garden Street and Moverly Road as a result of the proposed development.

 

The Assessment has also addressed the cumulative traffic impact associated with the earlier approved Stage 1B site (DA 0428/02) and the Part Stages 5 and 6 site which will result in a cumulative peak period trip generation of 31 vehicles. This trip generation is considered moderate and will have an acceptable impact on the performance of access routes and intersections.

 

Concern has been raised in relation to the cumulative impact of traffic from the development of the overall Bundock Street development site. During the consideration of the previous development application for the Defence site, the cumulative impacts of traffic generated by this development was assessed in the Court hearing and both Council’s and the applicant’s traffic experts agreed on relevant conditions to be attached to the proposed development. A traffic and transport study was submitted with the adopted Master Plan, which examined the local road network and developed traffic management proposals on and off the site to integrate the traffic generated by the overall development site into the surrounding road network with the least potential impacts. This traffic report provided preliminary design details of the traffic calming measures provided for in the adopted Master Plan, which were designed in response to resident concerns including additional measures to Holmes Street and the closure of Lobelia Street at Henning Street. It also incorporated conditions and addressed issues which were raised during the Court discussions. The traffic report prepared as a part of the Master Plan was considered by the Sydney Regional Development Assessment Committee and the RTA and no objections were raised to the traffic report. Both authorities agreed with the recommendations of the traffic report. The traffic impact of Part Stages 5 and 6 will not be inconsistent with the overall cumulative assessment of traffic conditions predicted under the Master Plan.

 

Overall, it is considered that the additional traffic generation will be relatively moderate as the proposal will comprise primarily residential development, which has much lower traffic generation rates than commercial and retail uses. The traffic generation of the proposed development is considered acceptable in the context of the surrounding development, having clear and direct access onto Avoca Street which is a major State road. As such no delays should be experienced in Defence Avenue and Avoca Street, and no adverse impacts in terms of traffic generation and congestion are expected from the proposed development.

 

10.9     Ecologically Sustainable Development

 

The adopted Master Plan contains a number provisions that implement the principles of ecologically sustainable development (ESD). In line with the Master Plan, the proposed sub-division and infrastructure works seek to achieve ESD principles primarily by :

 

§ Proposing a lot layout that facilitates residential development that maximises solar access and reduces energy consumption.

§ Facilitating future residential development on surplus under-utilised land residential uses close to existing urban services and facilities including public bus routes thus assisting in the reduction of greenhouse gases

§ Minimising storm-water run-off, reducing nutrients in urban run-off and facilitating direct aquifer recharge

§ Providing pollution control devices at main discharge points to the detention basin

§ Using soil erosion control measures during construction

§ Promoting pedestrian and cycle movement through a safe and permeable street design that connects surrounding street systems and open space

§ Providing small scale retail to serve the future population of the area.

 

Accordingly, the proposal is considered appropriate in terms of ESD principles and is consistent with the requirements of the adopted Master Plan and Local Government Amendment (Ecologically Sustainable Development) Act 1997.

 

10.10   Construction Management Issues

 

A draft construction management plan has been submitted with the application, which has been assessed by Council’s Environmental Health Officer and found to be adequate subject to an appropriate condition requiring further details of all appropriate public health and safety measures to be submitted to and approved by the principal certifying authority for the development.

 

The applicant advises that access for all construction traffic will be from Avoca Street through the Defence land. Bulk earthworks will be minimal as the site will have a suitable level following completion of Commonwealth Works. 

 

10.11   Site Remediation

 

The adopted Master Plan requires that the subject site and the overall land comprising the development precinct be remediated to the maximum standard for residential and other sensitive land uses applicable under the relevant State and Commonwealth legislation and guidelines, and in the case of asbestos or other contaminants where no adopted standards exists the site is to be remediated to an asbestos free level or to a level where no unacceptable health risk remains as confirmed in writing by the relevant State and/or Commonwealth Government Authority. A site audit statement must certify that the site is suitable for unrestricted landuses as identified in the Master Plan. The site audit statement must be unconditional (that is, to the extent that it must be issued with no conditions requiring ongoing management or monitoring) issued by a site auditor accredited by NSW EPA, under the Contaminated Land Management Act 1997.

 

The Master Plan also states that, in the case of staged development of the site, the site auditor may issue a site audit statement for that part of the site suitable for the proposed land use. In this situation, the part of the site suitable for the proposed landuse must be professionally surveyed and a survey plan attached to the site audit statement. The site auditor must consider the compatibility of the land uses during the process of staged development and must make sure that validated areas are protected from re-contamination from adjacent site works.

 

An independent site auditor accredited by NSW EPA has been appointed to prepare a site audit statement for the site. In relation to asbestos contamination, the site auditor is required to consult with the NSW EPA and NSWHealth where there is no guideline for remediation. Accordingly, the site auditor has consulted with the EPA and NSWHealth requesting guidance on the Department of Defence’s intended approach to validation of asbestos-in-soils in the Defence site as contained in the validation strategy developed by the Department’s consultant, Egis Consulting. NSWHealth have assessed the Egis asbestos-in-soil validation strategy and have advised that the strategy is appropriate for the site.

 

In preliminary advice to Council dated 19 December 2002 regarding the potential for remediation of the site to a level suitable for proposed land uses, the site auditor has commented as follows:

 

“In our review, we have carefully considered the (Defence Department’s) Consultant's proposed assessment criteria for the sites' proposed uses.  Based on the current approach applied to the management of contaminated sites in New South Wales, the Environment Protection Authority (NSWEPA) has accepted the use of the 1992 ANZECC/NHMRC Guidelines for the Assessment and Management of Contaminated Sites and the 1999 National Environment Protection Measure for the Assessment of Contaminated Sites, as the general philosophy for site assessment and remediation.  Furthermore, the threshold concentrations presented in the NSWEPA’s 1998 Site Auditor Guidelines are considered as appropriate soil assessment criteria for the proposed land uses.  "No detectable asbestos fibres" has been proposed for the asbestos remediation and validation.  For groundwaters, the ANZECC (1992) Australian Water Quality Guidelines for Fresh and Marine Waters have been generally accepted by the NSWEPA as appropriate investigation levels for investigations commenced prior to September 2001. 

 

We consider that these soil and groundwater criteria have been applied in an appropriately conservative manner by the site assessment Consultants to characterise, remediated and validate the sites, to enable their proposed reuses to proceed in an unconstrained and unconditional manner.

 

In summary, the site characterisation for the study areas has adequately defined the contamination conditions at the site to enable practical remediation technologies to be developed for implementation, if required.  Technologies under consideration are currently available in Australia.  The nature and extent of the contamination identified can normally be addressed by these technologies to enable the area’s proposed uses to proceed.  However, as with all remediation and validation operations, the proposed reuse of the study areas will only be permitted subject to the normal verification (validation), with subsequent sign-off by a suitably qualified and EPA accredited, independent Environmental Site Auditor.”

 

The site auditor concludes that, based on the nature and extent of the contamination identified, remediation and validation of the subject site is practicable, utilising locally available remediation technologies to enable the use of the site for the proposed residential to proceed.

 

In view of the advice given by the site auditor, it is considered that a deferred commencement consent can be granted for the proposed development pursuant to Section 80(3) of the EPA Act essentially requiring the applicant to demonstrate that the site has been remediated to the required level prior to the development consent operating.

 

10.12   Groundwater

 

During the court proceedings between the Commonwealth Australia and Randwick City Council in 2001, the Court was informed by both Council’s and the applicant’s environmental consultants that, in a number of locations in the Defence site, the groundwater quality “does not reach the quality required for drinking water” so that “the source of contamination should be established in order to find out if it is likely to get worse”. Accordingly, the Land and Environment Court ruled that 

 

“The cause of groundwater contamination should be explored. If that investigation proves that groundwater quality will not decline further, then remediation is not necessary”

 

The Defence Department’s remediation consultants, Egis, are conducting on-going groundwater investigations in the Defence site. Two reports have been submitted to Council from Egis namely Groundwater Monitoring – May & June 2002 and Investigation of Chlorinated – Hydrocarbons in Sewer & Groundwater. Egis advise that earlier rounds of groundwater monitoring had identified the occasional occurrence of dissolved contaminants – primarily volatile halogenated hydrocarbons (VHHs). Egis state that an examination of the pattern of occurrence of VHHs since May 1995 has failed to show evidence of on-site source of VHHs. Rather, through a multi-faceted investigation involving sewer sampling, groundwater sampling and a sewerage catchment assessment, including use of a tracer, Egis believes that the source of VHHs in the past has been leakage of sewage from the sewer line that traverses the site. Egis state that the source of VHHs contamination may be dry cleaning premises located off-site within the upgradient sewerage catchment.

 

Additionally, as Egis advises in its two reports that three rounds of groundwater monitoring on-site in May and June 2002 indicated non-detection of VHHs. Egis states that this provides clear evidence that VHHs are not present at concentrations requiring intervention or management. Accordingly, Egis makes the following conclusion in relation to the Land and Environment Court’s judgement (mentioned above): 

 

“The groundwater monitoring rounds … and the sewer investigations … were undertaken with the objective of meeting the determination of the Court’s judgement. The data reported in the 2002 rounds of monitoring, together with the historical pattern of low level contamination, demonstrate that there are no indications that groundwater quality should decline further, and that the groundwater quality is now entirely satisfactory.”

 

The independent site auditor has concurred with the findings provided by Egis in advice given to Council on 6 September 2002, stating as follows:

 

“I have completed a preliminary review of the two reports relating to the environmental status of groundwaters passing through the Defence Randwick Site and I concur with the findings of the consultants, especially as follows:

 

§ the historically observed detections of volatile halogenated hydrocarbons (VHHs) seems to be most likely to have been with historical losses of these contaminants from the sewer system that passes through the Defence land.

 

§ previous investigations confirmed that the trace quantities of VHHs in the groundwaters passing under the Defence site would not pose any unacceptable risk to human health or the environment.

 

§ the potential source of VHH in the sewer may be associated with a dry cleaner operation … and this potential identification needs further discussion with appropriate authorities.

 

I have requested one of my senior hydrogeologists to undertake a more comprehensive review of the data quality, and the modelling approaches used by GHD/Egis but, on the basis that the information is valid and the approaches are defensible, I see no reason in relation to the groundwater conditions across the Site, for Council to consider any problems in providing development consent.”

 

The advice of Egis and the site auditor is considered acceptable and addresses groundwater contamination issues adequately.

 

10.13 Resident Submission

 

·    Insufficient notification and exhibition of DA submission and variations to existing consent.

 

The subject application together with the application for Stages 2 and 3 were placed on public exhibition for a period of 28 days instead of the 14 days required under the Randwick LEP. The notification/advertising of variations to existing consents (that is, notification/advertising of Section 96 modifications to earlier approved DAs for Stages 1A and 1B) is not a matter that is relevant to the current application but rather to these individual Section 96 applications, all of which have been addressed adequately in the assessment of these applications.

 

·    The proposal is piecemeal making it difficult to review.

 

The redevelopment of the Bundock Street Defence site will occur in a total of six stages given its size and extent. The proposal to develop part of Stages 5 and 6 is a decision for the applicant and is consistent with the overall staging plan in the adopted Master Plan and DCP. 

 

·    Information in the development application is disjointed, vague and difficult to review.

 

As the proposal involves sub-division of land and infrastructure works over a complex and extensive site, a considerable degree of technical and environmental detail (ranging from drainage and road design to flora and fauna and traffic) is necessary in support of the proposal. As such, the presentation of this technical and environmental detail with the development application may appear overwhelming. However, the data provided by the applicant is considered appropriate and suitably organised for both public viewing and assessment.  In this regard, the appropriate plans, statement of environmental effects and supporting technical and management documents have been divided into appropriate volumes of submission material to allow for ease of use.

 

·    Adverse impact of traffic noise not assessed in DA.

 

A Traffic Impact Assessment has been submitted with the application which indicates that the total vehicle trips per hour during peak periods will be 16 (based on a total dwelling number of 19 for the Part Stages 5 and 6 proposal) resulting in a rate of about 1 vehicle movement every 7 or 8 minutes in both Garden Street and Cooper Street. The Assessment advises that these flows are exceedingly low and as such are not expected to give rise to unreasonable traffic noise. Furthermore, the proposed development would generate primarily residential car traffic typically associated with inner suburban environments.

 

·    Removal of existing trees on Bundock Street with no proposed replacement is unacceptable.

 

Preliminary investigations suggest that the removal of trees on Bundock Street may be required to allow for the future installation of a main water pipeline along this street. Should the removal of trees be required, appropriate evaluation by Council’s Tree Preservation Officer will be applied, and tree replacement will be required in accordance with the species stipulated in Council’s Street Tree Master Plan.

 

·    Movement of contaminated soil on-site generates dust.

 

A condition has been applied in previous approvals for the Stage 1A and Stage 1B developments for the appointment of a Environmental/Community Liaison Officer to ensure strict compliance with all conditions of consent and in particular to ensure all works comply with relevant provisions of the Protection of the Environment Operations Act 1997. The officer would also act as a liaison and first point of contact with the community to act on any complaints arising. Accordingly, an Officer has been appointed and attends the Stage 1A site regularly to monitor the earthworks currently being undertaken onsite. The officer has prepared monthly summary reports, which have been submitted to Council, detailing any complaints and the rectification actions. To date these summary reports do not indicate any incidence of dust pollution off-site. Any resident concerns regarding dust generation can be raised with the Environmental/Community Liaison Officer directly whose details are published regularly in the Department of Defences newsletter, which is distributed to all residents in the surrounding area. Alternatively, the residents can contact Council’s compliance officers directly regarding any amenity issues arising from earthworks on the site. A condition will be applied on the Part Stage 5 and 6 development for the appointment of an Environmental/Community Liaison Officer to undertake similar monitoring of earthworks on-site.

 

·    Lack of information on the testing, and monitoring of soil contamination on-site.

 

As discussed in Section 10.11 above, all land within the subject site and the wider development precinct will be required to be remediated to a level where they are asbestos free or to a level where no unacceptable risks remains for the intended use in accordance with the provisions of SEPP 55 and the Contaminated Land Management Act. This requirement, by definition, means that all testing, monitoring and treatment of any contaminated soil in the site will be undertaken with the intention that a site audit statement will be prepared for the site to certify that the site is suitable for unrestricted landuses as identified in the Master Plan. The site audit statement must be unconditional (that is, to the extent that it must be issued with no conditions requiring ongoing management or monitoring) issued by a site auditor accredited by NSW EPA, under the Contaminated Land Management Act 1997. Accordingly, a deferred commencement consent can be granted for the proposed development pursuant to Section 80(3) of the EPA Act essentially requiring the applicant to submit a site audit statement demonstrating that the site has been remediated to the required level prior to the development consent operating.

 

·    No information on location of proposed sub-stations on-site.

 

A condition will be applied requiring that any electricity sub-station required for the site must be located within the site and screen from public view should approval be granted for the application.

 

·    Designated parks are inadequately sized.

 

No local park is proposed under the part Stages 5 and 6 proposal. Notwithstanding, the local parks designated in the other stages of the overall Defence development precinct have been designed and evaluated at the master plan process. Accordingly, the Master Plan and the DCP - Defence Site Kingsford identify all the local parks that will be required to be prepared and provided by Defence prior to dedication to Council.

 

·    No provisions for ecologically sustainable development principles.

 

Appropriate ESD principles have been adequately incorporated into the proposed development as addressed in Section 10.9 above.

 

·    No assurance of air quality during construction.

 

As discussed above, a condition will be applied requiring the appointment of a Environmental/Community Liaison Officer to ensure strict compliance with all conditions of consent and in particular to ensure all works comply with relevant provisions of the Protection of the Environment Operations Act 1997, should approval be granted for the subject application. The officer would also act as a liaison link and first point of contact with the community to act on any complaints arising. Contact details of the Environmental/Community Liaison Officer will be provided directly to all residents in the surrounding area as is the case in the Stage 1A site works currently underway. In addition, a draft construction management plan has been submitted with the application, which has been assessed by Council’s Environmental Health Officer and found to be adequate subject to an appropriate condition requiring details of all appropriate public health and safety measures, including dust control measures for approval by the principal certifying authority.

 

·    Lack of detailed information on proposed traffic management throughout the site.

 

As the proposal is for subdivision of land and infrastructure works, it does not directly contribute to traffic generation. Nevertheless, the applicant has provided a traffic report, which advises that the cumulative traffic impact of the Part Stages 5 and 6 and the approved Stage 1B development will be reasonable such that there will be minimal impact on the flow of traffic on existing roads (see Section 10.8 above). Council’s Traffic Engineer raises no objection to the applicant’s traffic assessment.

 

12.       CONCLUSION

 

The application is consistent with the provisions of the Randwick Local Environmental Plan 1998 and specifically the Randwick Local Environmental Plan No 23.The application is also consistent with the provisions of the DCP - Defence Site Randwick and the relevant requirements of the Master Plan for the Defence site which was adopted on 13 November 2001.

 

The proposal will have no direct impact on the amenity of adjoining properties in terms of solar access, privacy and views. The sub-division design will be conducive to further sub-division into residential lots that will be consistent to existing surrounding lots, provide for frontages oriented to a street and public open space, facilitate security and surveillance of footpaths and public open space, and allow adequate on-site solar access and breezes. 

 

Whilst the remediation of the site is to be undertaken as Commonwealth works and does not require consent from Council, Council has required that the subject site and the overall development precinct be remediated to current and safe standards appropriate to the future and on-going use of the land in accordance with the requirements of State Environmental Planning Policy 55.

 

A site auditor has been appointed for the Defence site who has provided preliminary advice to Council that the contamination identified in the subject site is considered to be minor in nature and extent such that remediation and validation of the subject site is practicable, utilising locally available remediation technologies to enable the use of the site for the proposed residential to proceed. Accordingly, the site auditor is of the opinion that the relevant soil and groundwater criteria have been applied to the site such that the proposed future reuses of the site can proceed in an unconstrained and unconditional manner.

 

Accordingly, the proposed development is considered appropriate for approval subject to a deferred commencement consent being granted requiring, amongst other things, that the applicant demonstrate remediation of the site to a level suitable for the proposed use through submission of a site audit statement prior to the development consent operating.

 

13.       RECOMMENDATION

 

A.        THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0063/2003 for sub-division of land, construction of road and pathway, provision of utility services and minor earthworks at 33-149 Bundock Street and 373A Avoca Street, Kingsford subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.         A Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998 in respect of the entire Part Stages 5 & 6 site as defined in Development Application No. 63/2003 (Part Stages 5 & 6 site).  The site audit statement issued to Council shall be unconditional, in that it requires no further monitoring, on going review or remedial actions, and shall cover both land and groundwater. The site Audit Statement must state, where no standard exists, as with asbestos, that the remediated land is at an asbestos free / non detectable level, or to a level where no unacceptable health risk remains as confirmed in writing by NSW Department of Health.  The Part Stages 5 & 6 site must be remediated to not less than the National Environmental Health Forum’s health based soil investigation level (NEHF A) standard, with the exception of open space, which must be remediated to not less than (NEHF E) standard (which is the remediation standard for open space).

 

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

 

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

 

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

 

c)    The remediation of the Part Stages 5 & 6 site including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards.

 

d)    Site remediation for any part of the Part Stages 5 & 6 site must be completed prior to the issue of a subdivision certificate for that part of the site.  No subdivision certificate will be issued for any part of the Part Stages 5 & 6 site until the receipt by Council of an acceptable site audit statement for that part of the site.

 

e)   The Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns (for example, the potential effects on wildlife) and the protection of ground and surface water.

 

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

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent.

 

Conditions of Consent:

 

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:

 

1.   The development must be implemented substantially in accordance with the plans numbered DA1, DA2, 807011-D-401 Issue C, 807011-D-402 Issue C, 807011-D-403 Issue C, 807011-D-404 Issue B, 807011-D-405 Issue B, 807011-D-406 Issue C, 807011-D-407 Issue B, 807011-D-408 Issue B, 807011-D-409 Issue B, 807011-D-410 Issue B, 807011-D-411 Issue B, and L-5&6-01 Issue C, received by Council on 31 January 2003, the application form, and on any supporting information received with the application, any plans specifications report study or information submitted in relation to the deferred commencement conditions and any conditions of approval of any plan specification report or study, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.   Before any contaminated material is beneficially reused on-site such material must be certified by an unconditional Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998 and shall be furnished to Council prior to the beneficial re-use of such material on-site for above ground works or works not directly ancillary to a remediation process. The Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns (for example, the potential effects on wildlife) and the protection of ground and surface water. Any contaminated material to be beneficially re-used on-site must be remediated to NEHF A for residential use and NEHF E for open space.”

 

3.   Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

•        New South Wales Occupational Health and Safety Act, 2000;

•        The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

•        The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

•        Protection Of the Environment Operations Act 1997 (NSW) and

•        Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

4.   Any odours from excavated materials shall be mitigated by the use of an odour suppressant, such as Biosolve, and shall not give rise to an offensive odour as defined in the Protection of the Environment Operations Act 1997. Stockpiles shall also be covered and dampened down to reduce odour and dust impacts.

 

5.   Any fill importation to the site is to be monitored and classified by the site auditor appointed for remediation of the site or a person with his qualifications. Only ‘virgin excavated natural material’ is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

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

 

The following conditions are applied to provide adequate provisions for health/safety:

 

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

 

8.   A 24 hour complaints hot line shall be set up and maintained at all times, the number of which is to be displayed on signage around the perimeter of the site and notified to the surrounding community by newsletter.

 

9.   Prior to the issue of any construction certificate in respect of any works permitted by this development consent, the Applicant must procure the execution and delivery to the Council by the Commonwealth of Australia ('Commonwealth') of a Commonwealth Indemnity.

 

In this Condition, 'Commonwealth Indemnity' means a covenant by deed in the following terms:

 

‘The Commonwealth irrevocably and unconditionally indemnifies Randwick City Council ('Council') against all legal liability of any nature which the Council may incur for a period of 40 years from 17 September 2002, for or in respect of any death, personal injury, or damage to property, arising from or incurred in connection with any soil or groundwater contamination in, of, or on the Stage 5 & 6 Site or any remediation of any soil or groundwater contamination in, of, or on the Stage 5 & 6 Site, whether or not the Council knew or should have known about a fact or circumstance that gives rise to a liability under this indemnity.’

 

10. All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be provided to Council in the Site Management Plan.

 

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

 

11. 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.

 

12. Prior to the commencement of any building works or subdivision 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 works or subdivision works, 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. 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.

 

15. a)      In accordance with the provisions of section 109E of the Environmental Planning & Assessment Act 1979, Randwick City Council must be appointed as the Principal Certifying Authority (PCA) for this development, prior to any works commencing.

 

            b)      All subdivision and infrastructure works must be carried out in accordance with the conditions of development consent and relevant construction certificate/s, to the satisfaction of the PCA, prior to the issuing of a Subdivision Certificate, or other period which may be subject to an agreement pursuant to section 109J of the Environmental Planning & Assessment Act 1979.

 

            c)       Prior to the commencement of any works, a PCA agreement must be entered into between the Council and the Applicant which identifies the services and obligations of the parties and the relevant PCA service fee must be paid to Council, which may include the appointment of a nominated Council Officer or Independent Consulting Engineer, to carry out these services on behalf of Council.

 

            d)      Certification, detailing compliance with the relevant standards an requirements of the development consent, construction certificate and specification shall be provided to the PCA upon request, to the satisfaction of the PCA.

 

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

 

16. 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.

 

17. The building works are to be inspected by the principal certifying authority (or other suitably qualified person approved by the principal certifying authority) 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.

 

18. Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of subdivision and construction work, 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.

 

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

 

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

 

21. A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of any 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.

 

22. 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. This plan shall include a floating boom and silt curtain and/or other equivalent sediment and erosion control measures installed over the western stormwater pipeline outlet into the wetland.

 

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.”

 

23. 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.

 

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 stockpiles 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 stockpiles of sand, soil and excavated material.

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

·        Revegetation of disturbed areas.

24. 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.

 

25. 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.

 

26. Public safety must be maintained at all times and 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.

 

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

 

28. 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.

 

29. 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 supported to prevent them from being dangerous to life, property or buildings.

 

          Retaining walls, shoring or piling 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 and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

          Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

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

 

32. Noise and vibration emissions during the site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

33. Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

34. 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.

 

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

 

The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

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.

 

36. 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 dwellings located upon premises bounding stages 5 & 6 and those dwellings located within 30 metres of stages 5 & 6.

 

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

 

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

 

37. The development and the operation of plant and equipment must satisfy the relevant requirements of the Environmental Protection Authority and shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

A report, prepared by a suitably qualified consultant, demonstrating compliance with relevant criteria and standards, must be provided to Council should a vibration nuisance or damage to a premises arise, to the satisfaction of the principal certifying authority.

 

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

 

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

 

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

 

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

 

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

 

            a)         $ 50,000.00     Security damage deposit

 

The damage deposit may be provided by way of a cash or cheque, or bank guarantee acceptable under Council policy 3.02.08, with the Council and is refundable upon the applicant advising Council, in writing, of the completion of all site construction works.

 

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.

 

(b)        In the event that the person who implements this development consent is the Commonwealth, as an alternative to the provision of a $50,000.00 security damage deposit, prior to the issue of any construction certificate in respect of any works permitted by this development consent, the Commonwealth may execute and provide to the Council a Commonwealth Public Works Undertaking in the sum of $50,000.00 in respect of the obligations referred to in condition 40(a). If at any time after the provision of a Commonwealth Public Works Undertaking in accordance with this condition, the Commonwealth ceases to be the person who implements this development consent, the person who implements the consent must comply with Condition 40(a) and the Council must return the Commonwealth Public Works Undertaking to the Commonwealth at which time, except to the extent of any antecedent liability which has by that time arisen and remains unsatisfied, the Commonwealth will be released from any further obligation under the Commonwealth Public Works Undertaking

 

(c)        In this Condition, a 'Commonwealth Public Works Undertaking' means a covenant by deed in the following terms:

 

‘The Commonwealth of Australia ('Commonwealth') hereby undertakes to pay to Randwick City Council ('Council') within 7 days of a written demand from the Council issued following the occurrence of any damage referred to in Condition 40(a) of the Development Consent (actual date of development consent to be inserted here) pursuant to Development Application No. 0063/03 ('Development Consent'), the sum of $50,000.00 or any part thereof as security for the performance of the obligations referred to in Condition 40(a) of the Development Consent.  This undertaking will be released and will be of no further effect upon the Commonwealth advising the Council in writing of the completion of all site construction works authorised by the Development Consent.’ ”

 

41. (a)        Prior to a construction certificate being issued for the development, the applicant must lodge with Council a Bond (i.e. a deposit refundable in terms of the approval) in the form of cash or cheque, or bank guarantee acceptable under Council policy 3.02.08, for the amount of $500,000.  This Bond is to ensure the construction of civil works required by this development consent to be carried out for Holmes Street and Green Street.

 

The Bond will be released upon the applicant meeting the costs and conditions for Council to carry out the infrastructure works.

 

(b)        In the event that the person who implements this development consent is the Commonwealth, as an alternative to the provision of a $500,000.00 bond, prior to the issue of any construction certificate in respect of any works permitted by this development consent, the Commonwealth may execute and provide to the Council a Commonwealth Civil Works Undertaking in the sum of $500,000.00 in respect of the obligations arising under condition 41(a). If at any time after the provision of a Commonwealth Civil Works Undertaking in accordance with this condition, the Commonwealth ceases to be the person who implements this development consent, the person who implements the consent must comply with Condition 41(a) and the Council must return the Commonwealth Civil Works Undertaking to the Commonwealth at which time, except to the extent of any antecedent liability which has by that time arisen and remains unsatisfied, the Commonwealth will be released from any further obligation under the Commonwealth Civil Works Undertaking

 

(c)        In this Condition, a 'Commonwealth Civil Works Undertaking' means a covenant by deed in the following terms

 

‘The Commonwealth of Australia ('Commonwealth') hereby undertakes to pay to Randwick City Council ('Council') within 7 days of a written demand from the Council issued following a breach of any conditions of this development consent requiring civil works in Bundock Street and surrounding streets, the sum of $500,000.00 or any part thereof as security for the performance of the obligations referred to in Condition 41(a) of the Development Consent.  This undertaking will be released and will be of no further effect upon the Commonwealth meeting the costs and conditions for the Council to carry out the civil works referred to in Condition 41(a) of the Development Consent.’

 

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

 

42. The design alignment level at the Bundock Street property boundary for driveways, road pavements, access ramps and pathways or the like, must be obtained in writing from Council’s Department of Asset and Infrastructure Services prior to the commencement of any site construction works.

 

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

 

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

 

43. The above alignment levels have been issued by the Council's Department of Asset & Infrastructure Services at a prescribed fee of $ 6475.00 calculated at $17.60 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to the commencement of any site construction works and/or the issuing of alignment levels for the Bundock Street site boundary.

 

44. The design alignment levels issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the civil plans for the proposed development. The design alignment level at the street boundaries, as issued by the Council, must be strictly adhered to.

 

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

 

45. Prior to the commencement of any construction works within the development site the applicant shall submit to Council for approval, and have approved, engineering details, specifications, plans and quality plans for all filling/excavation works, drainage construction works, roadworks, kerb and gutter construction, footpath construction, construction of earth retaining structures, play equipment, landscaping works and site regrading, (including detailed levels, contours and cross sections that make reference to both existing and proposed surface levels). The engineering details and specifications shall include level and survey information, materials to be used, construction techniques and testing procedures and shall be prepared in consultation with Council and to the satisfaction of the Principal Certifying Authority. Note: specifications for any road construction shall be generally in accordance with the Council approved specifications for Stage 1A road construction works.

 

46. The drainage construction specification and details referred to in the previous condition shall include the following:

 

·    Supply, laying and backfilling of the stormwater pipelines.

 

·    Construction of stormwater pits and other associated structures.

 

The applicant shall note the following when preparing the specification:

 

a)         All future Council stormwater pipelines shall be constructed with spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). The Council stormwater pipelines shall be a minimum of 375mm diameter. Prior to backfilling, the pipeline shall be inspected and approved by the Certifying Authority.

 

Generally backfill material for the pipeline trench shall be:-

 

·    clean sand.

·    watered in.

·    compacted in 150 mm layers with a minimum 97% relative compaction.

 

              Note that should Council be the Certifying Authority, the applicant shall liaise with Council’s Director of Asset and Infrastructure regarding payment for the required inspections (2 working days clear notice shall be given prior to the required inspection/s)

 

b)         All standard extended kerb inlet pits shall be constructed:-

 

(i)         in “situ” (a precast pit will be acceptable only in a park or reserve).

(ii)        in accordance with Council’s drawings SD 3 or SD  8 (subject to the depth and/or the size of the pipeline).

(iii)       with a minimum concrete strength of 32 Mpa.

 

c)           All standard junction pits shall be constructed:-

 

(i)         in “situ” (a precast pit will be acceptable only in a park or reserve).

(ii)        in accordance with Council’s drawing SD 4.

(iii)       with a minimum concrete strength of 32 Mpa.

 

d)         All other pits that cannot be constructed to the above details shall be designed by a structural engineer. The detail of the pit/s shall in general, be similar to SD 3 (for an inlet pit) or SD 4 (for a junction pit). Note that all pits shall be;-

 

(i)         benched with a minimum 75 mm concrete.

(ii)        constructed with a minimum concrete strength of 32 Mpa.

 

47. All civil construction works within/associated with the development site shall be constructed in accordance with the approved engineering details and specifications referred to above and shall be undertaken and paid for by the applicant.

 

48. The applicant must delete any reference to permeable paving from the Construction Certificate application for the roads. The parking lanes shall be constructed in general accordance with the approved design specification for the proposed travel lanes. The applicant shall liaise with Council’s Development Engineer regarding the parking lanes prior to lodgement of a Construction Certificate for the roads.

 

49. All civil construction works within/associated with the development site shall be constructed in accordance with the approved engineering details and specifications referred to above and shall be undertaken and paid for by the applicant.

 

50. (a)        That the applicant submit to Council an Unconditional Bank guarantee in a form specified by Council in the amount of $500,000 for the proper performance of the infrastructure transferred to Council pursuant to the requirements of this development consent for the full period of the defects liability period. A fifty-two week defects liability period shall apply, commencing from the date of Councils Acceptance of the public roads and lands and the provision of the abovementioned unconditional bank Guarantee.

 

(b)        In the event that the person who implements this development consent is the Commonwealth, as an alternative to the provision of a $500,000.00 bond, prior to the issue of any construction certificate in respect of any works permitted by this development consent, the Commonwealth may execute and provide to the Council a Commonwealth Infrastructure Undertaking in the sum of $500,000.00 in respect of the obligations arising under condition 50(a). If at any time after the provision of a Commonwealth Infrastructure Undertaking in accordance with this condition, the Commonwealth ceases to be the person who implements this development consent, the person who implements the consent must comply with Condition 50(a) and the Council must return the Commonwealth Infrastructure Undertaking to the Commonwealth at which time except, to the extent of any antecedent liability which has by that time arisen and remains unsatisfied, the Commonwealth will be released from any further obligation under the Commonwealth Infrastructure Undertaking

 

(c)        In this Condition, a 'Commonwealth Infrastructure Undertaking' means a covenant by deed in the following terms:

 

‘The Commonwealth of Australia ('Commonwealth') hereby undertakes to pay to Randwick City Council ('Council') within 7 days of a written demand from the Council issued after any infrastructure transferred to the Council fails to perform properly, the sum of $500,000.00 or any part thereof as security for the performance of the obligations referred to in Condition 50(a) of the Development Consent.  This undertaking will be released and will be of no further effect upon the expiration of a period of 52 weeks from date of the Council's acceptance of the public roads and lands required to be transferred to the Council by this Development Consent.’

 

51. All Energy Australia Service Turrets shall be recessed wholly into the property boundaries/behind the prevailing property alignment, so that the turrets do not cause a trip hazard and the turrets do not hinder or obstruct the movement, access and enjoyment of the road reserve. The applicant is advised that should Energy Australia require the turrets to be located within the road reserve the applicant will be required to dedicate land to Council, the dimensions of such dedication/s shall be as required to satisfy all of Energy Australia’s requirements.

 

52. Road intersections shall be designed with a minimum turning radius of 10.5 metres. Larger trucks such as 12.5 metre removalist trucks must be able to navigate the intersections without mounting kerbs but may mount medians provided that the medians are reinforced to the satisfaction of Council.  Plans detailing the adequacy of all intersection with respect to truck movements must be submitted to Council for approval prior to the issuing of a Construction Certificate for the construction of roads.

 

53. The applicant shall provide asset data to Council in a suitable form for incorporation into Council’s asset management systems. The applicant is advised to contact Council’s Assets Co-Ordinator to discuss Council’s requirements for the asset data.

 

54. All quality tests and infrastructure certifications shall be submitted for Council’s acceptance prior to Council releasing the plan of subdivision and the acceptance of infrastructure that is to be transferred to Council’s care and control.

 

55. Where the approved specification requires concrete roads to have an asphaltic wearing course, the asphaltic wearing course shall be stone mastic asphalt 10mm nominal aggregate size with a wearing course depth of 30mm.

 

56. Prior to the commencement of any site construction works, a detailed traffic management plan shall be submitted to Council for approval, and shall address the potential adverse impact of traffic generated by the future development of the proposed Part Stages 5 and 6 site, (the subject of this application), and the redevelopment of Lot 3 DP 1009660 as proposed in the Master Plan submission adopted by Council. The applicant shall meet the full cost for the construction of all traffic facilities as required to comply with the recommendations of the approved Traffic Management Plan.

 

57. The applicant shall meet the full cost for Council, or a Council approved contractor, to construct the following:

 

a)   Traffic calming works in Holmes Street, between Avoca Street and Henning Avenue.

 

b)   Traffic calming works at the approach to Holmes Street from the south in Benvenue Street, Ian Street, Loch Maree Street, Garrett Street, Garden Street and Cooper Street.

 

c)   Channelisation in Benvenue Street, on the northern approach to Holmes Street, to restrict movement to and from Benvenue Street to left turns only.

 

d)   A one-lane roundabout at the intersection of Moverly Road and Loch Maree Street.

 

The construction staging for the above works shall be determined by Council based on increased vehicle movements in Holmes Street generated by this and future developments within the Defence Master Plan site.

 

58. The applicant shall undertake the design of all traffic related facilities referred to above and designs shall be submitted to Council for approval, and be approved, prior to their construction. The applicant shall liaise with Council to obtain Council’s general design requirements for the above traffic facilities prior to undertaking design of same. The applicant shall note that a checking fee in the order of 10% of the Council approved quotation for construction of the facilities will be payable to Council by the applicant.

 

59. A Construction Traffic Management Plan for this application must be prepared and approved by Council and RTA/Regional Traffic Committee (if required) prior to the commencement of any site construction works. The approved Construction Traffic Management Plan shall be complied with at all times. All construction traffic must enter and exit the site using Avoca Street. Exiting traffic must make right turn movements from the site in order to access Rainbow Street (west of Avoca Street) to the Nine Ways roundabout.

 

 

60. All kerb ramps must be designed and constructed to RTA Technical Direction TDT 2002/08.

 

61. The design traffic for the flexible pavement design for all internal roads in Stage 1B of the development shall be 1,500,000 ESAs.

 

62. The applicant must meet the full cost for Council, or a Council approved contractor, to construct a minimum 1.8m wide concrete footpath along both sides of Garden Street going from Holmes Street to the development site.

 

Note:  Any unpaved areas on the nature strip must be turfed and landscaped, (including street tree planting), to Council’s specification. The applicant shall maintain the naturestrip to Council’s satisfaction for a minimum of 12 months following completion of all civil construction works.

 

63. The applicant must meet the full cost for Council, or a Council approved contractor, to construct minimum 1.8m wide concrete footpaths along the northern side of Holmes Street going from Avoca Street to Henning Avenue.

 

Note:  Any unpaved areas on the nature strip must be turfed and landscaped, (including street tree planting), to Council’s specification. The applicant shall maintain the naturestrip to Council’s satisfaction for a minimum of 12 months following completion of all civil construction works.

 

64. 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 construction works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

65. All external work carried out on Council property shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works".

 

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

 

66. The design alignment level at the Garden Street property boundaries for driveways, road pavements, access ramps and pathways or the like, must be obtained in writing from Council’s Department of Asset and Infrastructure Services prior to the commencement of any site construction works.

 

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

 

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

 

67. The design alignment levels issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the civil plans for the proposed development. The design alignment level at the street boundaries, as issued by the Council, must be strictly adhered to.

 

The following conditions are applied to provide adequate consideration for excavating Council’s footpath

 

68. Details of any cutting or filling works required within the road reserve in order to gain access to the site to carry out the excavation and building works must be submitted to and approved by the Director of Asset and Infrastructure Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to the commencement of such construction works on the development site.  The cutting and filling work must be carried out by the Council, or by a contractor appointed by the applicant with the approval of the Council, at the applicant's cost.

 

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

 

69. 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.

 

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

 

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

 

Suitable easements for the utility services and documentation from the associated utility service provider that all services have been installed to their requirements and satisfaction shall be submitted to the Principal Certifying Authority prior to the release of the linen plans and prior to Council accepting dedication of any part of infrastructure in which the services are located.

 

Note: there shall be no kiosks located within the future or existing Council road reserve. Any kiosk shall be located to the satisfaction and approval of Council and Energy Australia.

 

72. Prior to issuance of a construction certificate for any relevant part of the development, the applicant must submit to the certifying authority documentary evidence from each relevant public utility authority confirming that those requirements which the public utility authority requires to be satisfied prior to issue of a construction certificate, have been satisfied.

 

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

 

74. Prior to relevant construction works, the applicant shall submit and have approved by Council a compilation plan of all the public utilities.

 

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

            All site services shall be provided underground.

 

75. Any electricity substation required for the site must be located within the site and is to be screened from view. The location of the substation within the site, together with the required screening, shall be subject to requirements of Energy Australia. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

The following conditions are applied to make adequate provision for the collection of domestic waste.

 

76. Prior to the commencement of any road construction works the applicant shall submit to the Principal Certifying Authority for approval, and have approved, the proposed method for collection of domestic waste for the development site. The applicant shall note that satisfactory collection of domestic waste may require alterations/modifications to the proposed road network and or travel lane/footpath/parking lane configuration of the road network.

 

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

 

77. Prior to the commencement of any road construction works the applicant shall submit to the Principal Certifying Authority for approval, and have approved, a detailed stormwater drainage plan. The applicant must liaise with Council, prior to preparation of the drainage plan, to obtain Council’s requirements for drainage works within, and adjacent to the development site. The applicant must also liaise with Sydney Water, prior to preparation of the drainage plan, to obtain Sydney Water’s requirements for drainage works within, and adjacent to the development site. Details shall include, but not be limited to:

 

·          A detailed drainage study/analysis identifying the catchment areas upstream of the site and the stormwater flows generated from these catchments, together with the catchment areas within the site and the flows generated from same. The study/analysis shall identify the overland flow rates and depths of flow from storm events up to the 1 in 100 year annual recurrence interval within the streets of the subdivision. Information submitted shall be generally in accordance with the flood study requirements of the latest draft “FLOODPLAIN MANAGEMENT MANUAL” (ISBN 07313 0370 9).

 

·          Confirmation of the existing and proposed finished surface levels within the development site. Documentation of the change in surface levels is required together with volumes of material imported or exported from the site.

 

·          Gross pollutant trap details (GPT). Note that any proposed GPT shall be designed in accordance Council’s specification and guidelines for determining Gross Pollutant Trap/s. The GPT’s are to be located within the road carriageway.

 

·          Stormwater drainage plans, pipeline longitudinal sections and calculations in general accordance with the recommendations of the Floodplain Management Manual” and “ Australian Rainfall and Runoff, 1997 Edition).

 

·          A hydraulic grade line analysis of the outlet pipeline that will drain the Wetland, such analysis is to include:-

 

-           the proposed junction pit immediately downstream of the weir/outlet pit for the Wetland.

-           the relocated weir/outlet pit, (refer to the development consent for Stage 1B)

-           the 1200 mm diameter stormwater pipeline

 

·          Typical cross sections for all roads, laneways, private laneways/right of carriageways.

 

Prior to the final inspection or the release of the linen plans, a copy of the above approved plans and details shall be submitted to Council.

 

78. The calculations, drawings, plans, longitudinal sections and details for the roads and stormwater drainage shall be submitted to and approved by the Principal Certifying Authority. The details shall include the following information:

 

a)   A detailed drainage design at a scale of 1:200 and a catchment area plan at a scale of 1:1000 or as considered acceptable by the Certifying Authority, 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.

 

            Note:    Generally all proposed stormwater drainage pipelines that:

 

i.    drain a low point and/or are located within an existing or proposed drainage easement shall be capable of discharging a minimum 1 in 20 year storm flow.

ii.    drain an on grade road inlet pit shall be capable of discharging a minimum 1 in 10 year storm flow.

 

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

 

d)   Details of all stormwater overland flowpaths, (volume, depth, width and safety factor).

 

e)   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.

 

f)    A drainage plan and longitudinal section with all utility services accurately plotted for this stormwater pipeline must be provided.  It should be noted that notwithstanding the calculations, the minimum pipe diameter acceptable within Council's street system and/or easement is 375mm.

 

g)   the proposed relocation of the stormwater pipeline that drains the wetland.

 

h)   All public utility services, where they are to be laid parallel to the Council stormwater pipeline, shall be located a minimum of 1.5 metres from the centreline of the stormwater pipeline.

 

i)    The applicant’s engineer shall also determine and describe the probable maximum flood event that would occur from the overflow of the wetland. Calculations and are to be submitted to and approved by the Certifying Authority.

 

      The drainage calculations shall use the “DRAINS” Urban Drainage Simulation Models in combination with “HEC-RAS” model.

 

      The engineer shall determine safety issues that may need to be addressed and recommend what works will be required to address these issues. The applicant shall include in this detail a fail-safe (ie scour protection) overland flow route for stormwater that would be generated from a Probable Maximum Flood event.

 

Prior to the final inspection or the release of the linen plan, or as may be agreed with the Principal Certifying Authority, a copy of the approved plans and details shall be submitted to Council.

 

79. The proposed internal roadways, drainage easements and overland flow routes shall be designed to drain the 1 in 100 year storm event and to consider personal and structure safety and the hazard factor, (product of velocity and depth of flow) This safety factor shall not exceed a value of 0.4 at any location. (ie VD< 0.4).

 

80. A work-as-executed plan, prepared and signed by a registered surveyor and a suitably qualified hydraulic engineer, must be submitted to the Principal Certifying Authority, and be approved, prior to the release of the linen plans or as otherwise may be agreed with the Principal Certifying Authority pursuant to Section 109J of the Environmental Planning and Assessment Act 1979. The work-as-executed plan shall be submitted with documentary evidence demonstrating compliance with the stormwater drainage development conditions and the plans approved by the Principal Certifying Authority and Council’s Director of Assets and Infrastructure Services.

 

The work-as-executed plan shall detail the location and finished surface levels of all civil works within and adjacent to the site including (but not limited to)

 

·          the roads,

·          stormwater drainage pits (including the internal dimensions, surface and invert levels, lintel size etc)

·          pipelines (including the invert levels. pipeline diameters)

·          overland flow paths, (including the volume, depth and width of the flow path) etc. with finished surface level contours at 0.2 metre intervals.

·          utility services locations size and depths/levels

·          levels of the resultant lot/s

 

For the overland flow paths the following details must be included:-

 

a)         cross sections showing the 1 in 100 year water level and the extent (depth and width)

b)         resultant gradients

 

Note: Prior to the final inspection and release of the linen plan, or the period as may be agreed with the Principal Certifying Authority, a copy of all WAE civil drawings, approved civil drawings, stormwater calculations (on hard copy and on disk) are to be submitted to Council.

 

81. The applicant’s engineer shall carry out site inspections and certify that all civil structural works within Council’s road reserve (eg all steel reinforcement, concrete works, laying of pipelines, pavements, etc.) have been constructed and inspected under his/her supervision.

 

The engineer must also certify that the civil and stormwater drainage works, (including GPT’s) have been constructed:-

 

(i)         in accordance with the approved plans and conditions of consent and Master Plan

(ii)        to the requirements of the Council approved specification.

in a workman like manner.

(iii)       to his/her requirements and satisfaction.

(iv)       to the manufacturer’s requirements and conditions, (eg GPT’s)

 

82. The existing Council controlled stormwater pipelines that burden the site, shall be fully protected during all excavation and construction works. Details of how it is proposed to protect and maintain Council controlled pipelines during the construction works shall be submitted to the Principal Certifying Authority for approval, and be approved, prior to the commencement of any site construction works. Design/construction details for any pipeline reconstruction works deemed necessary by Council, in consultation with the applicant, shall be submitted to the Principal Certifying Authority for approval, and be approved, prior to the commencement of any site construction works. in Garden Street.

 

The applicant shall liaise with Council’s Development Engineer to reach an agreed position on the need for existing Council stormwater pipelines that are located under a road pavement to be reconstructed with a new stormwater drainage pipeline.

 

83. Prior to the finalisation of works, the applicant shall submit to the Principal Certifying Authority CCTV videos of all existing and to be dedicated Council stormwater pipelines for the drainage of stormwater through the site and the northern extension of Cooper Street from Holmes Street. Such CCTV shall inspect all stormwater pipes for any construction damage.

           

            The applicant shall note that should this pipeline be damaged, Council will require that the damaged pipeline be reconstructed together with junction pits at each end where the pipeline reconstruction works are located. All costs associated with removing and constructing the pipeline and associated works shall be met by the applicant.

 

84. The applicant shall survey the southern and western perimeter of the wetland located within Lot 6 DP 1009660 to determine the existing surface levels. Surface levels should be above RL32.50 metres A.H.D. at all locations, however should any portion be below this level the applicant shall submit and have approved by the Principal Certifying Authority, details of how it is proposed to suitably fill/regrade this area. The applicant is advised that any filling/regrade details will need to be designed by a suitably qualified and experienced geotechnical engineer together with a landscape architect.

 

85. Any Gross Pollutant Traps (GPTs) shall be regularly inspected, maintained and cleaned by the applicant, to the Council’s satisfaction for a minimum period of 12 months from the date of completion of all civil works.

 

86. Construction zone run-off controls (haybales, sedimentation basins etc.) are to be inspected regularly and during and after rainfall to assess performance. Weekly reports on effectiveness/maintenance of all sedimentation controls and practices are to be provided to the Principal Certifying Authority.

 

Open Space/Public Domain Conditions

 

87. Prior to the commencement of any road construction works a Public Domain Plan for the site, (generally in accordance with the Public Domain and Landscape Plan in Drawing L-5&6-01 in Volume 3 0f the Statement of Environmental Effects), is to be submitted to Council for approval, and be approved. Such a plan shall demonstrate the strategies that are proposed for the urban design of the public domain (including open space reserves) and the provision of good pedestrian access, recreational diversity and environmental sustainability. These strategies shall be consistent with the Master Plan that has already been accepted by Council and Council’s management requirements. The strategies will include

 

·   tree planting strategy,

·   water management strategies,

·   footpath strategy,

·   Park planning strategy

 

Further to this, the Public Domain Plan shall also include details of individual treatments throughout the site. These treatments shall be consistent with Council’s management requirements. The details shall be a detailed design showing plans elevations, sections, the materials and finishes for the following elements, (where relevant):

 

·          Street tree planting

·          Design of public parks

·          Park planting

·          Footpath treatments

·          Street furniture

·          Street lighting

·          Street signs

·          Kerb ramps

·          Park lighting

·          Automatic irrigation systems

·          Water features

·          Playgrounds

·          Pavements

·          Retaining walls and balustrades

·          Bicycle facilities

·          Bus shelters

·          Shade structures

 

The Public Domain Plan shall be complied with.

 

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

 

88. Council will not accept dedication/care and control of any public reserve, road or other asset, (eg stormwater pipeline), until it is satisfied that all civil construction works, building works and landscape works have been carried out in accordance with the approved design plans and specifications and that all conditions of development consent relating to the area to be dedicated have been complied with.

 

89. The dedication and transfer to the Council of roads and drainage within the Part Stages 5 and 6 Site is to occur before the issuance of a construction certificate for any habitable building within the Part Stages 5 and 6 Site. The dedication and transfer is to occur at no cost to the Council.

 

The following conditions are applied to provide adequate provisions for the Randwick Environment Plan:

 

90. The Applicant shall provide a written report of any breaches of the Randwick Environmental Park 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 be limited to:

 

·    The date of the breach;

·    The nature, extent (including in time and area and a map) 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 Randwick Environmental Park 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.

 

91. Council officers shall be allowed access to all parts of the site, including the proposed Randwick Environmental Park, on request.

 

92. All personnel employed in relation to the development shall receive a site induction prior to commencement of work, which shall include relevant information regarding the proposed Randwick Environmental Park, including, but not limited to:

 

·    the exact location of the proposed Randwick Environmental Park;

·    the presence of nationally significant and threatened vegetation, a sensitive wetland and other native vegetation within the proposed Randwick Environmental Park;

·    that the proposed Randwick Environmental Park area shall not be entered without written authorisation of the Applicant’s Project Manager;

·    that no disturbance to vegetation or soils shall occur within the proposed Randwick Environmental Park, except as 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 the proposed Randwick Environmental Park, except as in accordance with these conditions;

·    that, in any case, access to, disturbance to vegetation and soils in, and placement or storage of items in the proposed Randwick Environmental Park, where these conditions allow, shall be minimised;

·    that no other foreign matter, including concrete, bitumen, road base, fill, soils, mulch, water, cement wash, chemicals, paint, etc., shall be placed in or allowed to enter the proposed Randwick Environmental Park;

·    the penalties for damaging threatened items and their habitats without authorisation;

·    relevant contact numbers, including the Applicant’s Project Manager;

·    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.

 

93. 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.

 

94. No disturbance or removal shall occur to any Eastern Suburbs Banksia Scrub or Acacia terminalis subsp. terminalis or their habitats, without the concurrence of both National Parks and Wildlife Service NSW and Environment Australia.

 

95. No disturbance to or removal of any vegetation or soils shall occur within the proposed Randwick Environmental Park as a result of the proposed development. The only exception to this shall be installation of protective fencing, as identified elsewhere in these conditions.

 

In the case of this exception, disturbance to and removal of vegetation or soils shall be minimised. In any case, no disturbance to or removal of vegetation or soils shall occur more than 2 metres into the proposed Randwick Environmental Park from the protective fence. In locations where disturbance to or removal of soils has occurred, the area shall be immediately repaired to its state prior to commencement of development, as far as possible. The location, design and specifications of the protective fencing shall be approved by the Council prior to the commencement of any construction.

 

96. No vehicular or pedestrian access relating to the proposed development shall be allowed to the proposed Randwick Environmental Park without the written authorisation of the Applicant’s Project Manager and/or Council. The only exception to this shall be installation of protective fencing as identified elsewhere in these conditions.

 

In the case of this exception, access shall be avoided whenever possible. In any case, there shall be no access more than 2 metres into the proposed Randwick Environmental Park from the protective fence. All persons who have received written authorisation to enter the proposed Randwick Environmental Park by the Applicant’s Project Manager shall sign an Access Register. The Access Register shall include the following information for every person each day he or she enters the proposed Randwick Environmental Park:

 

         full first and last names;

         organisation;

         address;

         contact telephone numbers;

         signature;

         date;

         detailed reason for access;

         description of all areas accessed, including by vehicles, machinery and plant, using management zone codes in the draft Plan of Management.

         Acknowledgment that this condition has been read and understood.

 

97. The Access Register shall be available for inspection and reproduction at all times by Council. Council shall receive a full copy of the Access Register immediately after ownership of the Randwick Environmental Park is transferred to Council.

 

98. No liquids, semi-liquids or chemicals, including unset concrete, water, cement wash, paint, petroleum-based products, etc., shall be disposed of, placed in or where it may enter the proposed Randwick Environmental Park.

 

99. No temporary or permanent placement or storage of any items of plant, materials, tools, equipment, vehicles, etc. shall occur within the proposed Randwick Environmental Park in relation to the proposed development. The only exception to this shall be in relation to installation of protective fencing, as identified elsewhere in these conditions.

 

In the case of this exception, placement and storage of any items shall avoided whenever possible. In any case, no placement and storage of any items shall occur more than 2 metres into the proposed Randwick Environmental Park from the protective fence. In locations where items have been placed or stored, the area shall be immediately repaired to its state prior to commencement of development, as far as possible.

 

100. An 1800mm high cyclone wire protection fence shall be installed along the entire boundary of the proposed Randwick Environmental Park, where this is adjacent to the proposed development, prior to commencement of any site construction works. Installation and removal of the protection fence shall be overseen by Council’s Bushland Management Technician.

 

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

 

101. (a)        The applicant shall submit a detailed landscape design for all street frontages of the development in accordance with Council’s Urban Design Guidelines for Randwick. The landscape design shall include trees, pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

The Part Stages 5 & 6 Landscape Concept Plan Street Tree Layout & Details, drawing number L-5&6-01, issue C shows permeable paving along the parking lanes. The permeable paving must be deleted from the proposed street frontage works.

 

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

 

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.

 

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

 

a)         Two Eucalyptus maculata (Spotted Gums) located within the site.

b)         One Phoenix canariensis (Canary Islands Date Palm) located within the site.

 

Tree Protection Measures

 

103.             In order to ensure the retention of the Ficus rubiginosa (Port Jackson Fig) located within the site in good health, the following measures are to be undertaken:

 

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

 

b.         Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within a radius of 5 metres from the outside edge of the tree trunk.

 

c.         The tree is to be physically protected by the installation of protective  fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 5 metres from the outside edge of the tree trunk.

 

This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

d.         Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

e.         Watering of the tree (within the fenced off area) three times a week. 

 

f.          The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

Advisory Matters

 

1.         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.

 

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

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ENVIRONMENTAL PLANNING OFFICER

 

 

 

 


 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

8 August, 2003

FILE NO:

03/00383/GA

 

PROPOSAL:

 Demolish existing dwelling and construct a new three level dwelling house with double garage

PROPERTY:

 19 Forrest Street, Chifley

WARD:

 South Ward

APPLICANT:

 Bassila & Nadia El-Badawi

 

 

 

 

 

 

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 Chris Bastic, Dominic Sullivan, Alan White.

 

The estimated cost of the development is $300,000.

 

The application is seeking approval to demolish the existing dwelling and construct a new three storey dwelling with a double garage. The subject property has a site area of  632.3m2.

 

The subject property is located within the residential 2A zone and the proposed development is permissible within the zone. The proposal however fails to comply with a number of the performance requirements of Councils Development Control Plan – Dwelling Houses and Attached Dual Occupancies. The bulk and scale of the building does not relate to those in the surrounding streetscape and to adjoining development.  The proposed development will also result in unacceptable amenity impact in terms of overlooking into the adjoining properties.

 

The recommendation is for refusal.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to demolish the existing building a construct a new 3 level dwelling. The proposed development will have double garage and laundry at lower ground level, lounge, dining, rumpus, kitchen, bath and study at ground floor level, and three bedrooms, one with ensuite and a bathroom at first floor level. Decks are proposed to extend from the rear southern end of the first floor and a small deck from the northern front of the building at first floor.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Forrest Street, Chifley and is occupied by an existing part single part double storey dwelling. The site is an irregular shaped allotment, having a frontage of 16.46m, depth of 34.36m/44.75m and a total site area of 632.3m2.

 

Forrest street contains predominately single storey dwelling houses of modest scale. Adjoining developments include existing single storey dwellings to the east and west of the subject property and new two storey dwellings and dual occupancies to the eastern section of Forrest Street.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A pre-lodgement meeting was held for the proposal on 10 October 2002. The following issues were raised:

 

·         The proposed front setback of the building contravenes Council’s Development Control Plan – Dwelling Houses and Attached Dual Occupancies which stipulates that the front setback of dwelling houses is to be the average of the setbacks of the adjoining dwelling houses. As discussed at the meeting the proposed building is setback forward of the two adjoining dwelling houses and should be setback the average of the adjoining dwellings, an additional (approx) 2.5m from the current proposed position.

 

·         The calculations for the Floor Space Ratio of the development at the time of the meeting indicated compliance with the Development Control Plan – Dwelling Houses and Attached Dual Occupancies preferred solution for floor area. However, as discussed at the meeting, the laundry area at basement level together with any accessible subfloor storage areas and the garage area which is greater than 40m2 are all included in the floor area calculation. As discussed, it is recommended that the additional length (Depth) of the garage be reduced as it is excessive and unnecessary and adds additional floor area to the proposed building. The subfloor areas should be deleted or non-accessible.

 

The proposed external wall height of the building contravenes Council’s Development Control Plan – Dwelling Houses and Attached Dual Occupancies which stipulates that the external wall height of a dwelling house or attached dual occupancy does not exceed 7m. The proposed wall height of 8.18m is considered to be excessive and as discussed at the meeting the wall height may be reduced by proposing the garage at basement level together with the delation of the sub-floor areas. The garage should also be relocated from the western side of the dwelling, which is at a high level of the site, to the eastern side, which is the lower side of the site. Please note any departures from preferred solutions need to be comprehensively justified in the statement of environmental effects.

 

The additional front setback of the building, as discussed in point 1 above, together with the reduction in the length of the garage, as discussed in point 2 above, will provide additional driveway gradient for a basement garage. At the time of the meeting the landscaping calculations were not provided. Claims of compliance are accepted until a full assessment is carried out.

 

·        The proposed elevated terrace off the meals room at the rear of the ground floor of the building along the southern end, and the proposed deck at first floor level off bedroom No 1 at the southern end of the building have the potential for overlooking into the adjoining eastern property. As discussed at the meeting, the proposed decks should be adequately screened to provide acceptable levels of privacy to the adjoining property in accordance with the Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

Barry Brindley  -           82 Macquarie Street, Chifley

 

-     The scale of the development is not in keeping with the surrounding area

-     The proposed dwelling will be three levels at the rear and two and a half levels at the front and is not in keeping with surrounding area and will set a precedent.

 

Barry Barker    -           23 Forrest Street, Chifley

 

-     The proposal is three levels and will not be in keeping with other buildings in Forrest Street.

-     Building may overshadow adjoining properties

 

Steve Siganakis            -           21 Forrest Street, Chifley

 

-           Object to new three storey development

-           Development does not comply with DCP, proposal exceeds wall height, building height and FSR, building will overlook into neighbouring private open spaces.

 

Peter & Roswitha Kuttelwascher          -           86 Macquarie Street, Chifley

 

-           Proposal will result of loss of privacy to backyard and swimming pool area

-           Proposal is three storeys at the rear and will be overbearing

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

Landscape Comments

 

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

 

1.   One Agonis flexuosa (Willow Myrtle) located within Council’s nature strip. This tree approximately 4-5 metres tall with a broad canopy. The tree should not be affected by the development, however, it should be noted that this tree will soon be removed by Council due to it’s poor state of health.

 

2.   One Melaleuca quinquenervia (Paperbark) located within Council’s nature strip. This tree is approximately 5 metres tall and in reasonable condition, however, permission would be granted for the removal of this tree, subject to the payment to Council for the cost of removal.

 

3.   One Eucalyptus species (Gum Tree) located within the front yard of the site. This tree has not been shown on any of the plans submitted. The tree is a fairly young specimen, approximately 10 metres tall, however, it has been poorly pruned and is in only average health. Permission should be granted for the removal of this tree, subject to the planting of one replacement tree within the site.

 

Drainage Comments

 

The subject development site slopes away from the street, precluding the discharge of (all) site stormwater to Council’s kerb and gutter at the front of the site without the use of a pump out system. Pump out systems are generally not desirable, thus it is recommended that site stormwater which cannot be directed to the kerb and gutter in Forrest Street be either:

 

1.   Discharged into a suitable sized infiltration system (subject to Council's requirements and a satisfactory Geotechnical Engineers report); or

2.   Drained through a private drainage easement at the rear of the site.

 

Should ground conditions preclude the use of infiltration (ie rock and or the water table be near the surface) and the applicant be unable to obtain a private drainage easement through the adjoining property at the rear of the site, consideration could be given to pumping stormwater up to the kerb and gutter in Forrest Street. It is noted that any pump out water must go through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

7.    MASTER PLANNING REQUIREMENTS

 

N/A

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

8.1    Policy Controls

 

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

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

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

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

·      Task lights.

·      Maximised natural lighting.

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

 

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

 

 

 

 

 

 

 

 

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

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

 

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

 

 

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

 

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

 

P10  Construction materials are energy efficient and recyclable.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

S2  Private open space

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

 

 

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

 

 

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

 

 

 

 

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

 

 

Complies, Nathers rating of 4 stars

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies, 3 hours of sunlight received to windows

 

 

 

Complies, 3 hours of sunlight received to recreation area

 

 

 

N/A

 

 

 

 

 

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

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

 

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

 

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

Suitable condition included in recommendation should approval be granted

 

 

 

 

 

 

 

 

 

Suitable condition included in recommendation

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

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

 

P6  Unpaved or unsealed landscaped areas are maximised.

 

S1  40% of the total site area is landscaped.

 

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

 

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

Complies, approx 65% of site area is landscaped

 

Complies >130m2

 

 

Complies dimensions include 14.63m x 9.1m

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies, approx 35%

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Preferred FSR 0.5:1

Proposed FSR 0.55:1

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

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

 

 

 

P6  Design allows view sharing.

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

 

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

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

 

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

 

Does not comply 8.2m

 

 

Complies

 

 

 

 

 

 

 

Does not comply

 

 

Complies

 

 

Complies

 

 

Complies

 

 

 

 

 

N/A

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

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

 

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

 

 

 

Complies, front setback average of adjoining properties

 

 

 

 

Complies >9m

 

 

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

Does not comply, building setback 1.5m from eastern and western side boundaries

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

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

 P1  Buildings provide comfortable living and sleeping environment.

 

 

 

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

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

 

 

 

 

 

S3  Buildings comply with

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

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

 

Complies, habitable room windows do not directly overlook into other windows

 

Does not comply potential overlooking from deck into eastern property

 

Does not comply

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

Complies

 

 

 

Complies

 

 

Complies

 

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·      enable the efficient use of car spaces.

·      safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

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

 

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

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

 

 

 

 

 

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

 

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

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

 

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

 

 

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

 

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

2 spaces

 

 

 

 

 

Complies 6.25m x 6.08m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

Does not comply occupies more than 39%

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

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

 

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

N/A

 

 

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.

 

Landscaping

 

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

 

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

 

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

 

It is considered that the proposal satisfactorily complies with Council’s the preferred solutions in regards to landscaping requirements, however no landscaping plan has been submitted with the application in order to carry a proper assessment of the landscaping performance requirements.

 

Floor Area

 

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

 

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.5:1 applies. The proposal exceeds the FSR limit for the site. The site plan is inaccurate with no survey plan submitted, the front dimension is incorrect and the plan is incorrectly scaled. Nonetheless, the FSR calculated from the submitted plans indicated that the proposal exceeds the preferred FSR of 0.5:1 with a proposed 0.55:1. The proposal exceeds the floor space ratio preferred solution by approximately 33.19m2

 

The proposal is considered to be excessive with regard to bulk and scale and is not compatible with the scale and character of the street and the surrounding locality. The excessive floor area, together with the excessive height (see below) and excessive cut of the land at the front of the property, results in a bulky and visually dominant structure. The proposed building has not been designed to conform to the topography of the site and results in a 3 storey scale at the rear. It is considered that the proposal does not meet the performance requirements of the DCP in relation to FSR.

 

Height, Form & Materials

 

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

 

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

 

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

 

The proposal significantly exceeds the maximum external wall height preferred solution of the DCP in which the proposal has resulted in a three storey dwelling. This is considered to be excessive and does not fit in with the character and scale of the surroundings. The surrounding locality consists mainly of existing single storey cottage and new double storey dwelling and dual occupancies. The proposal is excessive in height and FSR and does not relate to the topography of the land. It is considered that the proposal does not satisfy the performance requirements of the DCP in relation to height.

 

Building Setbacks

 

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

 

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

 

The proposal does not satisfy the preferred solution for side setbacks as it is three storeys in height and requires a 3m setback from the side boundaries. The proposal exceeds the preferred FSR, height and does not provide adequate setbacks resulting in a bulky structure which does not fit in with the character of the surroundings. Hence the proposal fails to meets the performance requirements with regard to building setbacks.

 

Visual & Acoustic Privacy

 

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

 

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

 

There are large balconies proposed on the upper ground floor (2nd level) and first floor (3rd level) eastern side of the rear of the building. The proposed balconies will result in an unacceptable degree of overlooking to the adjoining eastern and southern rear properties. No measures have been proposed to mitigate likely overlooking into the rear yard of the adjoining properties. The proposal does not satisfy the relevant performance requirements which require dwellings provide adequate privacy from overlooking into private open spaces through adequate separation, screening devices and/or landscaping.

 

Safety & Security

 

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

 

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

 

The proposal satisfactory meets the relevant requirements with regard to safety and security.

 

Garages & Driveways

 

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

 

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

 

The controls of the DCP also include that hardstand parking areas before the building line may be permitted and considered preferable to a garage or carport where it can be demonstrated that it will not dominate or detract from the appearance of the existing development and the local streetscape.

 

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

 

The proposed double garage complies with the minimum dimensions required for a car space having dimensions 6.25m x 6.08m. The proposed double garage occupies approx 39% of the width of the site, which exceeds the 35% preferred solution. The position and location of the garage adds additional unnecessary height to the building as it has been located on the elevated side of the site. The proposal does not satisfy the relevant performance requirements for garages, carport and driveways as the building dominates and detracts from the appearance of the surrounding streetscape.

 

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.

 

It is proposed to erect a new 1.5m high front fence. The proposed front fence has a 500mm solid base with 1m metal infill panels. The proposed front fence complies with the relevant preferred solutions for fencing.

 

Solar Access and Energy Efficiency

 

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

 

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

 

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

 

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

 

The NatHERS certificate submitted indicates the proposal is capable of achieving a 4 star rating.

 

Shadows cast by the proposed development affects no 17 Forrest Street to the west in the morning period and No 21 Forrest Street to the east in the afternoon.

 

The shadow diagrams submitted by the applicant indicate that the majority of shadows cast by the proposed development onto adjoining properties in mid-winter, where shadow impacts are the greatest, would fall over the roof, side walls and rear yard area of adjoining properties. The shadow impact on the roof, side wall and rear yard area of No 17 Forrest Street to the west would be confined to the morning period up until 12 noon, and the rear yard area of No 21 Forrest Street to the east from about 12 noon onwards.

 

The requirement for a minimum 3 hours of sunlight being substantially received to rear yards and living spaces of adjoining properties would be reasonably met by the proposed development, however reductions in the height of the building will significantly reduce the length of the shadows on the adjoining properties, ensuring greater sunlight access to neighbouring properties.

 

10.  CONCLUSION

 

The proposal is unsatisfactory in relation to the objectives and performance requirements of the DCP.  The proposed building is excessive in bulk and scale and will result in unacceptable impacts on the streetscape and the amenity of adjoining properties.

 

The application is recommended for refusal.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 383/2003 for Demolish existing dwelling and construct a new three level dwelling house with double garage at 19 Forrest Street, Chifley for the following reasons:-

 

1          The proposal does not satisfy the performance requirements and objectives of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies in regards to floor area as the proposed building is excessive in bulk and scale.

 

2          The proposal fails to satisfy the performance requirements and objectives in regards to height form and materials under the Development Control Plan – Dwelling Houses and Attached Dual Occupancies. The proposed wall height of the building exceeds the preferred solution by 1.7m. The deviation from the FSR and height has resulted in the excessive bulk and scale of the building and its incompatibility with the surrounding streetscape and to the character of the locality.

 

3          The excessive height of the proposed building results in significant increased overshadowing of adjoining properties.

 

4          The balconies from the rear of the first and second floor, and a window to the rumpus room on the first floor will result in an unacceptable degree of overlooking to the adjoining eastern and southern rear properties. The proposal fails to satisfy the performance requirements and objectives of visual and acoustic privacy under the Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

5          The proposal does not satisfy the objectives and performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancy in relation to its side setbacks.

 

ATTACHMENT/S:

 

A4 attachments

 

 

 

 

 

 

………………………………

………………………………

 

NADIA ELBOTATY

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

1 September, 2003

FILE NO:

D/00169/2003

 

PROPOSAL:

 Two lot Torrens Title subdivision and alterations and additions to the existing dwelling

PROPERTY:

 259 Rainbow Street, South Coogee

WARD:

 East Ward

APPLICANT:

 George and Lisa Meli

 

 

 

 

 

 

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 Councillor Sullivan, Backes and Notley-Smith.

 

The proposed development involves a two lot torrens title subdivision of the existing 815.7 sqm lot into two equal lots of 407.7 sqm. with one lot fronting Rainbow Street and containing the existing house, and the other lot fronting and serviced from Bundock Lane. Alterations and additions to the existing dwelling are also proposed including reconstruction of the rear, ground floor alterations providing open plan living and a new first floor containing a study, a bedroom and a lounge.

 

The proposal is subject to a 2A zoning under the Randwick Local environmental Plan 1998 (LEP) and is subject to the provisions of the DCP Dwelling Houses and Attached Dual Occupancies (DCP), and Council’s Subdivision Code.

 

Two objections were received with respect to the development during the notification period. Objectors were concerned with proposed lot sizes and non-compliance with Council controls, tree loss, overlooking from balconies, excessive scale/FSR, diminished outlook, rear lane access problems for parking and visitors,  privacy loss and consistency with previous refusal.

 

The assessment of the application reveals that the proposed subdivision should not be supported as it does not comply with the minimum lot size requirements, would create access and service difficulties from Bundock Lane and is not supported by Council’s Director of Assets and Infrastructive Services. The proposed alterations and additions to the dwelling however are consistent with adjacent development and do not result in adverse amenity impacts to adjacent dwellings. Whilst there are minor non-compliances with height and setbacks, overall the proposal is worthy of approval subject to conditions.

 

The recommendation is for approval subject to conditions including the deletion of the subdivision.

 

2.    THE PROPOSAL

 

The proposed development entails a torrens title subdivision of the existing 815.7 sqm. lot into two equal sized lots of 407.7.sqm. The proposed southern lot would front Bundock Lane and obtain all services from it and the other lot would face Rainbow Street and maintain the existing services to it. 

 

The proposed development also entails alterations to the dwelling at 259 Rainbow Street as follows:

 

·        Partial demolition and reconstruction of rear of dwelling at ground level to create new bedroom (no.3), combined kitchen/living/dining that opens onto a balcony,

·        Ground floor alterations to the front of the site including a new concrete and paved driveway, new front fence, new concrete pathway and new landscaping,

·        New lower ground floor plan to the rear of the existing dwelling proposing a new pool, landscaped courtyard and combined rumpus room/kitchenette, bathroom and laundry,

·        New first floor containing study, lounge, bedroom, ensuite and balcony.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Rainbow Street midway between Hendy Ave and Mount Street, South Coogee. The site has a width of 13.41m, a length of 60.81m and has a total area of 815.7 sqm. The site has a gentle slope dropping 5m from north to south. A single storey brick cottage is sited on the northern side of the block fronting Rainbow Street. Access is available to the rear of the site off Bundock lane. The site contains mature eucalypts at the rear and commands sweeping views to the south towards Botany Bay.

 

A two storey dwelling is sited on the adjacent property to the west, a single storey dwelling is sited on the northern side of the adjacent property to the east and a single storey dwelling (with basement car park) fronting Bundock Lane is located to the adjacent eastern property on the southern side. Surrounding development in the area consists primarily of single and two storey dwellings interspersed with multi unit development.

 

       

   View to the south showing rear of site.           View from rear of site looking north towards single storey dwelling also showing adjacent two storey dwelling to the west.

 

        

Adjacent dwelling to the east fronting                       Bundock Lane looking west.

Bundock Lane.

 

 

 

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A development application for a two lot subdivision of the site was refused by Council under delegated authority on the 7th August 1998. The proposal was refused for the following reasons:

 

1)   The proposal does not comply with Section C.4(k) of Council’s Subdivision Code.

2)   The subdivision does not provide adequate pedestrian access to the rear lot.

3)   The lane as sole access to proposed Lot 11 (ie the rear lot) is inappropriate and does not allow an acceptable street address.

4)   The size of the proposed allotments would be below that established by the pattern of development existing in the locality.

5)   The proposed allotments are below the minimum area requirements under clause 30 of Randwick Local Environmental Plan 1998.

 

A pre-lodgement meeting was held with respect to an application for a two lot subdivision, alterations to the existing house and the construction of a two storey dwelling at the rear on 6 February 2003. At that meeting concerns were raised with respect to lot sizes, streetscape issues, building setbacks, privacy and overlooking, landscaping and private open space, overshadowing and visual bulk and scale.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

V Mulholland

261 Rainbow Street

Coogee NSW 2034

 

·    Non-compliance with Council LEP with respect to subdivision lot sizes. Approving the subdivision would result in a devaluation to surrounding properties and would create a precedent allowing others to do the same

 

            Comment:  Subdivision lot size is addressed in section 7 & 8 below.

 

·    Loss of mature trees on site.

 

            There are two mature Eucalypts sited at the southwestern corner of the site. These trees warrant preservation and would not need to be removed provided a well considered design was submitted. The loss of trees needs to be assessed under the application for any new dwelling on the new allotment.

 

·    The balcony outlook to the south would be diminished by the proposed new house.

 

            Comment: The proposed development does not include a new house at the rear of the site. Any prospective dwelling to the rear of the site would need to take into account the view enjoyed by surrounding residents and any design would be required to minimise view loss.

 

Peter Tighe and Annette Moran,

116 Bundock Street,

South Coogee NSW 2034

 

 

·    The application is an overdevelopment of the property (two blocks are too many),

 

            Comment: This matter is addressed in sections 7 & 8 below.

 

·    Street access to laneway and parking difficulties. Visitors to the site would need to park in the lane and could potentially interrupt passing traffic. Location on kink in road creates traffic hazard.

 

            Comment: These matters are addressed in sections 7 and 8 below.

 

The traffic hazard is unavoidable. A garage to the existing dwelling could be constructed and would have the same difficulties. Any prospective dwelling needs to be mindful of this issue and locate any potential driveway to the western side of the block.

 

·    Consistency – previous subdivision application refused,

 

            Comment:  Council refused an application for a two lot subdivision on the subject site on 7 August 1998.

 

·    Floor Space Ratio, has this been met with respect to the application?

 

            Comment: Floor space is addressed in section 7 and 8 below.

 

·    Environmental Effects, a second dwelling would result in the loss of the significant eucalypts on site.

 

            Comment:  This matter is addressed in a previous objection above. The subject trees should be retained.

           

·    Too much of a development directly overlooking our property.

 

            Comment: Overlooking is addressed in section 7 and 8 below. The impact of overlooking to the rear as a result of a dwelling fronting Bundock Lane can not be assessed as part of this application as a final design for the dwelling has not been submitted for assessment.

 

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 Planning Department is advised that the AIS Department does not support such subdivisions as proposed which front laneways as it does not comply with Council’s Subdivision Policy.

 

The AIS Dept have concerns regarding how location and access to the rear site, fronting Bundock Lane, may be determined by the following:

 

                        Emergency Vehicles

                        Postal Deliveries

                        Utility Services

                        Pedestrian Access

 

6.2  Drainage Issues

 

All site stormwater from the proposed Lots 2 and 1 shall be discharged by gravity to Bundock Lane or as required by the Director of Asset & Infrastructure Services. The applicant shall contact Council's Department of Asset & Infrastructure Services Drainage Engineer to discuss the method of stormwater discharge from the site and have the approve method constructed prior to lodging the plan of subdivision, (i.e the plan of subdivision to be registered).

 

On site stormwater detention is required for the proposed rear lot fronting Bundock Lane.

 

6.3  Traffic/Parking Issues

 

Should the Subdivision be approved any boundary fences fronting Bundock Lane for the rear Lot will be required to have a 1.20m setback.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

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

 

 

 

 

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

30 - Min. Lot Size

450sq.m

407.7sq.m

No

31 - Landscape Area

40%

43%

Yes

 

Clause 30 – Minimum allotment sizes

 

Under Clause 30 (1) The minimum allotment size for allotments resulting from the subdivision of land…………within Zone No 2A is 450 square metres and each allotment must have a frontage of at least 12 metres.

 

Under Clause 30 (4) The minimum allotment size for the erection of a dwelling house or for an attached dual occupancy within Zone No 2A is 450 sq.m and each allotment must have a frontage of at least 12 metres.

 

The purpose of the standard is to establish minimum requirements for the subdivision of land within the Residential 2A Zone for a single dwelling house and an attached dual occupancy in order to protect and enhance local amenity.

 

The proposed subdivision would result in two lots with areas of 407.7 sq.m each which fall short of the minimum allotment size of 450 sq.m in the LEP by 42.3 sq.m each. Both lots would have a frontage of 13.41m each which complies with the required minimum of 12m. Ingham Planning has provided the applicant with a SEPP 1 objection against the development standard giving the following reasons:

 

·    the proposal complies with the objectives of the Residential No. 2A zone in enabling redevelopment for low density housing forms, where such development does not compromise the amenity of surrounding residential areas and is compatible with the character of existing development,

·    the proposal complies with the objectives of the minimum lot size requirement in protecting  and enhancing local amenity,

·    the proposal results in a lot size which is within 10% variance of the minimum lot size required,

·    the minor variation will not be perceivable from any public area and strict compliance would not result in any material public benefit,

·    both lots have appropriate dimensions to support the proposed dwellings and provide for on site parking, a substantial amount of landscaped area and private open space;

·    the minor non-compliance does not raise any matters of State or Regional significance;

·    the minor non-compliance does not result in any significant traffic implications;

·    the proposal is considered appropriate on merit when assessed under Section 79(c) matters of the Environmental Planning and Assessment Act 1979;

 

Comment: The SEPP 1 objection above is considered inadequate, there is no assessment of general lot sizes in the area and the ability to service the new lot from Bundock Lane or any investigation of precedents in the area since the inception of the LEP in 1998. There is no attempt to draw information on the average lot sizes in the area that leads to a conclusion that the smaller lot sizes are consistent with surrounding development.

 

The applicant has, however, conducted his own study of the area and has provided information on precedents which draws a conclusion regarding the general lot sizes in the area.

 

The following information has been submitted by the applicant with regard to SEPP 1 and lot sizes:

 

An analysis has been performed along Rainbow Street and Bundock Lane from Avoca Street to Mount Street (Figure 2) to determine the pattern of allotment sizes. The following results were identified:

 

·    62.6% of properties were below 450 square metres in area,

·    58.1% of properties were below 400 square metres in area,

·    2% of properties were larger than 800 square metres in area,

 

Similar results were identified when analysing Rainbow Street South between Mount Street and Wolseley Road:

 

·    59.0% of properties were below 450 sq.m in area,

·    54.7% of properties were below 400 sq.m in area,

·    3% of properties were larger than 800 square metres.

 

Information was submitted with respect to the lot sizes of sites fronting Bundock Lane (between Avoca Street and Mount Street/Malabar Road), most of which are located well away from the site to the west. That information found that 20 lots are less than 450 sqm, 18 are less than 400 square metres and the average allotment size is approximately 330 square meters. It is important to note that the smaller lots were approved by Council prior to the Gazettal of the Randwick LEP 1998 and there are very few examples of Council allowing smaller subdivision lot sizes in the area after the gazettal of the Randwick LEP 1998. However, an approval dated 9 May 2001 for a subdivision (boundary adjustment) at the adjacent property to the east resulted in a change in area to two existing lots, resulting in one lot fronting Rainbow Street having an area of 455.9 sqm and the other lot fronting Bundock Lane having an area of 350.2 sqm (The original lot sizes were 415 sqm fronting Rainbow Street and 391.2 sqm fronting Bundock Lane). It is not considered that this approval can be relied upon as a precedent given that the original subdivision was approved prior to the gazettal of the Randwick LEP 1998.

 

A survey conducted by the author of this report for the 21 properties sited in the block along Rainbow Street between Malabar Road and Hendy Avenue (ie the block where the site of the proposed development is located) revealed that eight properties were below 450 sqm, five properties were between 450 sqm and 600 sqm, seven properties were between 601 sqm and 750 sqm, and one property (ie the subject site) was above 750 sqm. More than half of the allotments in the survey block were therefore below 600 sqm with the majority of them being less than 450 sqm – however most of the smaller lots front Hendy Avenue. There have been no subdivisions within this block since the gazettal of the Randwick LEP 1998 with the exception of the boundary adjustment of the site on the adjacent eastern side (as discussed previously).

 

The applicant argues in the submission that the proposed lot size of 407.7 sqm results in a marginal non-compliance of 42.3 sqm (or 9.4%) below the requirement of 450 sqm. The applicant also argues that the smaller lot sizes are capable of accommodating dwellings without compromising other standards in the Randwick LEP 1998 and the DCP - Dwelling houses and attached dual occupancies.

 

Whilst, there are examples of smaller lot sizes that are below the 450 sqm standard within close proximity of the subject site.  Council has been consistent in rejecting subdivision applications that fall below the minimum allotment sizes since the gazettal of the LEP in 1998 (except further along Bundock Street/Lane where a large amount of smaller lots originally planned for subdivision in the 1930’s and that were subdivided pre 1998 exist. On a few lots in that area that hadn’t been subdivided, Council has approved subdivisions consistent with the Subdivision Policy and the particular circumstances of those applications.). To ensure the preservation of lot sizes in the area and to uphold the provisions of the LEP and the intent of the zoning to maintain low densities, it is considered that the proposed subdivision is not appropriate and warrants deletion from the proposed development. Further,the proposal does not comply with Council’s Subdivision Code, which only favours subdivision of land with frontages to Bundock Lane between Avoca Street and Canberra Street.

 

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 of performance solutions).

SOLAR ACCESS

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

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

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

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

·      Task lights.

·      Maximised natural lighting.

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

 

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

 

 

 

 

 

 

 

 

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

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

 

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

 

 

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

 

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

 

P10  Construction materials are energy efficient and recyclable.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

S2  Private open space

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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

 

 

 

 

S9  Neighbour’s principal outdoor 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.

 

 

Not applicable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

 

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

 

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

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

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

 

 

Complies.

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

Conditions included in recommendation.

 

Conditions can be imposed to ensure compliance with this requirement.

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

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

 

P6  Unpaved or unsealed landscaped areas are maximised.

 

S1  40% of the total site area is landscaped.

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

Complies.

 

 

Complies.

 

 

Complies.

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

See Section 8 “Floor Area”

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

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

 

 

 

P6  Design allows view sharing.

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

 

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

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

 

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

 

Does not comply, see Assessment Section.

 

 

Does not comply, see Assessment Section.

 

 

 

 

 

 

Complies.

 

 

Complies.

 

 

Complies.

 

 

Complies.

 

 

 

 

 

NA

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

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

 

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

 

 

 

Complies, existing setback retained.

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

No, see Assessment Section.

 

 

NA

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

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

 P1  Buildings provide comfortable living and sleeping environment.

 

 

 

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

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

 

 

 

 

 

S3  Buildings comply with

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

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

 

Complies

 

 

 

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

Complies.

 

 

 

Complies.

 

 

Complies.

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·      enable the efficient use of car spaces.

·      safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

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

 

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

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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

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

 

·     Garages and carport to a rear leane 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.

 

 

 

 

Complies.

 

Complies.

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

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

 

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

NA

 

 

NA

 

 

 

Complies, Assessment Section.

 

 

 

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.

 

Landscaping

 

The proposed development (not including the proposed subdivided portion) contains 43% usable open space in the form of a 70sq.m yard at the front of the dwelling and a 89 sq.m yard at the rear of the dwelling that contains a pool and landscaped area. Of  this, at least half is soft landscaping, mainly in the form of grass at the front of the site and landscaping at the front and rear of the site. The proposed development complies with Council controls and provides two distinct areas which can be effectively used for passive recreation purposes.

 

Floor Area

 

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

 

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies.  The proposed alterations result in a floor area of 0.61:1 or 4.79 sqm above Council’s requirement.This FSR is calculated on the subdivision being approved. Given that the subdivision proposed is not supported, the FSR proposed for the whole site 0.305:1 which easily complies with Council’s requirement. The proposed building envelope is consistent with the adjacent building to the west and slightly longer (by 4m) than the adjacent building to the east. The proposed lower ground floor has an area of approximately 70 sqm that is not visible from the streetscape as the slope of the site rises from the rear to the front of the site. The proposed lower ground floor therefore represents a whole new level that fits within the envelope of the building but which is concealed from view at Rainbow Street due to the drop in height. A building could be allowed on the site with the bulk and scale of the proposed building but without the lower level however this would not result in any significant benefit to neighbours or result in any change in the visual bulk/appearance of the building from Rainbow Street or Bundock Lane. It is considered that it is more worthwhile to use the space rather than have it remain as a void due to a minor non-compliance with the numerical FSR standard. Both adjacent buildings to the east and west have a lower ground or basement level and the proposed development will therefore be consistent with them.

 

Accordingly, the proposed development has an appropriate scale and is consistent with adjacent buildings.

 

Height

 

The proposed external wall height is 7.7m and the overall building height is 9.5m. The external wall height of the proposed development exceeds Council requirements by 0.7m for a length of 4.5m at the rear due to the significant drop in the natural ground level towards the rear of the site. The height of the proposed development is equivalent to that of the adjacent building to the west which also would exceed Council’s height requirement at the rear due to the drop in height of natural ground level. It is considered that the additional height is consistent with adjacent development, is not out of character with the area and will result in a design that does not appear as a dominant rear form from Bundock Lane or out of context with the general pattern of development in the area.

 

The proposed second storey is 10m in length on the western side and is set back from the existing front elevation by 4.5m to 8.5m. The proposed development therefore complies with this section of the DCP.

 

Overall, the height of the proposal is considered to be appropriate and is consistent with adjacent development.

 

Building Setbacks

 

The side setbacks of the proposed dwelling at ground level are consistent with the setbacks for the existing building, which are 1m to the western boundary and 3m to the eastern boundary. The proposed first floor emulates these setbacks and therefore results in a non-compliance on the western side by 0.5m. The total separation between the proposed development and the adjacent building to the west on the second storey would be the same as the separation between the existing ground floor levels of the two dwellings, ie 2m. The requirement to set the proposed dwelling in by an additional 0.5m on the second floor on the western side would result in a building that does appear symmetrical from the streetscape and that does not result in any additional benefit to the neighbour to the west. It is considered that the minor discrepancy is better than the preferred solution in terms of providing a better built form.

 

Visual & Acoustic Privacy

 

The proposed lower ground level contains a 1.8m high perimeter wall that lies adjacent to an internal landscaped planter. Proposed windows face the proposed internal courtyards. The proposed lower ground level provides no opportunity to overlook adjacent properties.

 

The proposed ground floor contains new windows facing both side boundaries and the rear of the site as well as a rear balcony attached to a combined lounge/dining/kitchen area. The proposed west side boundary window replaces an existing lounge room window and is attached to a proposed bedroom, therefore not creating an impact over and above that which already exists. The proposed rear balcony would create overlooking opportunities to properties (or potential) at the rear (or southerly direction) and the proposed east facing windows to the proposed dining room would overlook the open space of the adjacent residence to the east. Conditions would need to be imposed to ensure that the overlooking opportunities created by the current proposal are eliminated.

 

The proposed first floor contains a balcony at the rear with a privacy screen on its eastern side to prevent overlooking to the properties to the east. A screen is not proposed on the western side as the view from that side is of the side wall of the building to the west. A small high window is proposed to the bathroom on the eastern side, due to its height no overlooking opportunities result. A west facing window is proposed to the study. The window overlooks roof space and will not result in privacy loss.

 

 Safety & Security

 

The proposed development has three habitable rooms that overlook the street, the front doors will be visible from the street, the proposed front fence complies with Council fencing requirements and the street number is proposed to be placed clearly at the main entrance to the property.

 

The proposed development satisfies the safety and security requirements of the DCP.

 

Garages & Driveways

 

The site currently contains a concrete side driveway located on the eastern side of the property accessing Rainbow Street to the north and capable of containing 3 vehicles. It is proposed to maintain this parking arrangement but repave the driveway and parking area. No objections are raised with respect to this proposal.

 

Fences

 

The proposed front fence is 1.2m high at the eastern side and 2m high on the western side, this being due to the fall in ground height from east to west of nearly 1m. The proposed fence has an even top, the discrepancy in fence height being due to the fall in land height  previously mentioned.

 

The proposed fence is rendered brick with steel and the upper 2/3 of the fence is 50% open. The proposed fence is consistent with Council requirements and is worthy of approval.

 

Solar Access and Energy Efficiency

 

The proposed development achieves a 3.5 star rating which complies with Council requirements. The proposed alterations incorporate an open plan design that maximises use of space, light and air. The ground floor front portion of the existing dwelling is to be retained. The use of the rooms in that part of the dwelling (ie bedrooms) is retained. It is considered reasonable that the proposed development does not contain living rooms on its northern side given the intention to retain the front portion of the building. The living area and courtyard has been designed towards the rear or south of the site as there is a greater level of privacy in comparison to the area between the dwelling and Rainbow Street (which is highly visible from Rainbow Street enabling surveillance but a lack of privacy).

 

The subject site and adjacent lots contain deep lots that lie on a north/south axis with dwellings sited on the northern side of the allotments. This pattern of development results in significant overshadowing during the winter solstice to the rear yards of these properties. The front yards of these properties receive full solar penetration year round and throughout the day. The proposed development will not significantly impact upon the level of solar penetration to the front yards of adjacent developments and the subject site. The proposed development will result in very minor additional overshadowing to the central western corner of the yard area of the adjacent site to the east between 12 midday and 3pm. Additional overshadowing will occur to the yard area of the site to the west during the morning with the most significant overshadowing being at 9.00am and then the shadows rapidly retreat to the east. The additional shadowing affects less than half of the area of the rear yard to the west (as it is has a substantial area) and this is only in the morning.  Shadowing to adjacent windows is no greater than the current situation.

 

It is considered therefore that the proposed development does not create significant additional overshadowing that results in the diminution of amenity to adjacent properties.

 

 

 

 

 

 

8.1  Council Policies

Subdivision Policy

 

The objective of this policy is to establish guidelines for the subdivision of land for the guidance of Council employees and the public so as to achieve consistency in, and a specific level of, standards to be provided in association with the subdivision of land.

 

The proposed subdivision does not comply with the Subdivision Policy which only makes provision for subdivisions along Bundock Lane between Avoca Street and Canberra Lane

 

One of the major considerations in the determination of subdivisions is access, both pedestrian and vehicular. The rear lane provides satisfactory vehicular access for the rear lot but unacceptable pedestrian access. The lane is relatively narrow, and like the majority of rear lanes, does not provide separate facilities for pedestrians such as footpaths and street lighting.

 

With the exception of a dual occupancy adjoining the eastern boundary of the subject site, there are no other properties that have their main frontage to Bundock Lane between Hendy Street and Malabar Road. The approval of subdivisions to rear lanes which are not likely to be widened raises a number of future problems such as garbage collection, visitor parking, emergency services locating the rear lot and allocation of a property address.

 

Unless there is an adopted plan for the co-ordinated and orderly development of rear lane subdivisions, it would not be in the public interest to approve the proposed development.

 

9.    CONCLUSION

 

The proposed alterations and additions to the dwelling will result in a building that complies with the performance requirements of the DCP Dwelling Houses and Attached Dual Occupancies and is generally consistent with the bulk, height, shape, form and scale of other dwellings adjacent to the site and in the area. The subdivision, however, fails to comply with the minimum lot sizes specified in the LEP, would provide a lot that services a lane only and does not comply with Council’s Subdivision Policy.  Accordingly it is considered that the dwelling should be approved and the subdivision deleted from the approved plans.

 

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 D/00169/03 for Two lot Torrens Title subdivision and alterations and additions to the existing dwelling at 259 Rainbow Street, South Coogee subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered da –01 and da -19, dated 25.02.03 and received by Council on 6 March 2003, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

Security Deposit Condition

 

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

 

a)         $600.00           -           Security damage deposit

b)         $450.00           -           Vehicular crossing deposit

 

The security shall be provided by way of a monetary deposit with the Council and a request for a refund of the security deposit is to be made in writing  upon finalisation of the works.

 

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

 

3          The proposed subdivision and dwelling fronting Bundock Lane are not approved and shall be deleted from the development plans.

 

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

 

a.           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.

 

b.           The east facing dining room windows located on the ground floor are to either a) be obscure glazed, b) contain privacy louvres or c) be reduced in size by deleting the northern and southern window panels.

 

c.            The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes without obtaining the prior written development consent from the Council. The kitchenette and bbq area in the internal lower ground floor shall be deleted.

 

d.           The provisions of Councils tree preservation order are strictly to be observed and it is a requirement that the applicant or their representative obtain any necessary consent required under the tree preservation order.

 

Should compliance require amendment to the plan an amended development application is required to be submitted for consideration and approval prior to work commencing.

 

e.         The swimming pool shown on the plans is not approved and a separate development application is required to be submitted to and approved by the Council or a complying development certificate obtained from the Council or an accredited certifier (as applicable) for the proposed swimming pool before any work is carried out on the construction of the pool, as insufficient information is provided with this application to enable a full and proper evaluation of the pool.

 

f.          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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

16        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.

 

17        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.

 

18        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.

 

19        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.

 

20        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.

 

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

 

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

 

23        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.

 

24        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

 

25        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.

 

26        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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

A         ADVISORY MATTERS:

 

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

 

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

 

            a)         Part 3.1                        -           Site preparation

            b)         Part 3.2                        -           Footings and slabs

            c)         Part 3.3                        -           Masonry construction

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

            e)         Part 3.5                        -           Roof and wall cladding

            f)          Part 3.6                        -           Glazing

 

            g)         Part 3.7                        -           Fire safety

            h)         Part 3.7.1                     -           Fire separation

            i)          Part 3.7.2                     -           Smoke alarms

            j)          Part 3.7.3                     -           Heating appliances

 

            k)         Part 3.8                        -           Health and amenity

            l)          Part 3.8.2                     -           Room heights

            m)        Part 3.8.3                     -           Facilities

            n)         Part 3.8.4                     -           Natural and artificial lighting

            o)         Part 3.8.5                     -           Ventilation requirements

 

            p)         Part 3.8.6                     -           Sound insulation

            q)         Part 3.9                        -           Safe movement and access

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

            s)         Part 3.11                      -           Structural design manuals

 

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

 

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

 

A3       It is unlikely that a full height two storey dwelling would be acceptable on the proposed lot to the south. It is considered that only a dwelling in accordance with the pre-lodgement advice will be acceptable, ie any proposed new dwelling be single storey with first floor bedroom accommodation being provided within a roof space punctuated by dormers, with external materials, finishes and colours being compatible with existing structures along the lane. 

 

 

 

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

 

 

 

 

………………………………

………………………………

 

LUKE JACKSON

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 



 

Director Planning & Community Development's

 Report 70/2003

 

 

SUBJECT:

Masterplan for the Grocon site at 133 to 149 Beauchamp Road, Matraville

 

 

DATE:

28 August, 2003

FILE NO:

98/S/....

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

A master plan has been submitted, on behalf of Grocon, for the site at 133-149 Beauchamp Road, Matraville, for a neighbourhood service centre development comprising a drive through restaurant, Aldi Supermarket, hardware store, a range of home improvement/trade uses and parking provided at grade, with an extension of Denison Road to permit rear vehicle loading access to the site.

 

RECOMMENDATION:

 

That the recommendation contained in the separately circulated Director of Planning’s Report be adopted.

 

 

ATTACHMENT/S:

 

Report on Masterplan (TO BE SEPARATELY CIRCULARISED PRIOR TO THE HEALTH, BUILDING AND PLANNING COMMITTEE MEETING)

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT