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

 

 

11th November, 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, 18TH NOVEMBER, 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, 14 TH OCTOBER, 2003.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                      

DEVELOPMENT APPLICATION REPORT - 11-13 FENTON AVENUE, MAROUBRA.

2

 

5.2                      

DEVELOPMENT APPLICATION REPORT – 14 - 16 DAINTREY CRESCENT AND 4 DUDLEY STREET, RANDWICK.

31

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 23 HANNAN STREET, MAROUBRA.

101

 

5.4                      

DEVELOPMENT APPLICATION REPORT - 313 BUNNERONG ROAD, MAROUBRA.

109

 

5.5                      

DEVELOPMENT APPLICATION REPORT - 87 BEACH STREET COOGEE.

167

 

5.6                      

DEVELOPMENT APPLICATION REPORT - 73A MOUNT STREET COOGEE.

183

 

5.7                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 91/2003 - DEVELOPMENT APPLICATION NO. 65/03/GG FOR 892-906 ANZAC PARADE AND 5-17 GREEN STREET, MAROUBRA.  (Report to be circularised prior to the Meeting.)

207

 

5.8                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 92/2003 - DA NO. 0679/2003 – 33-149 BUNDOCK STREET, KINGSFORD - FOR ERECTION OF 34 DETACHED DWELLINGS, ASSOCIATED EARTHWORKS AND UTILITY SERVICE INSTALLATION AND TORRENS TITLE SUB-DIVISION.  (Report to be circularised prior to the Meeting.)

208

 

5.9                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 93/2003 - DEVELOPMENT APPLICATION NO. 0062/2003 FOR SUB-DIVISION OF LAND INTO 34 LOTS AND INFRASTRUCTURE WORKS COMPRISING STAGES 2 AND 3 OF THE BUNDOCK STREET DEFENCE DEVELOPMENT.  (Report to be circularised prior to the Meeting.)

209

 

 

6           Miscellaneous

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 88/2003 - 212 COOGEE BAY ROAD, COOGEE.

210

 

6.2                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 89/2003 - FOLLOW-UP REPORT - DEFERRED MAROUBRA JUNCTION DRAFT LEP (AMENDMENT NO. 33) AND DCP 2003.

278

 

6.3                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 90/2003 - DA NO. 891/2001 FOR 801-899 BUNNERONG ROAD, CHIFLEY (WOMEN’S ATHLETICS FIELD.)

287

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

……………………………….

GENERAL MANAGER


 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

18 June, 2003

FILE NO:

D/0362/2003

 

PROPOSAL:

 Demolition of existing buildings, close access from Fenton Avenue and construction of a new carpark connected to the existing Maroubra Seals carpark.

PROPERTY:

 11-13 Fenton Avenue

WARD:

 Central Ward

APPLICANT:

 Maroubra Seals Club

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Judy Greenwood, Murray Matson, Charles Matthews, Ted Seng and Margery Whitehead.

 

The proposal for a carpark on land currently occupied by two residential flat buildings, 11 and 13 Fenton Avenue, was the subject of a recent refusal by Council on the 29th April, 2003.  This amended proposal removes pedestrian and vehicular access from Fenton Avenue, with access gained from the existing Maroubra Seals carpark, with 20 car parking spaces provided on the site, with a net gain of 17 car to the total car parking for the Maroubra Seals Club as three spaces will be lost due to the access arrangement.

 

It should be noted that as there are no additions or new building work being undertaken to the Maroubra Seals Club, there is no requirement under the DCP - Parking for the additional parking proposed in this application.  The applicant states, however, that the proposal is of an “interim” nature.  Should Council consider the amenity and streetscape impacts to surrounding residential properties acceptable, Council may grant a time limited consent for a specified period.

 

The amended proposal has addressed the flooding issue associated with the site by proposing a concrete block wall to a suitable height around the site to capture potential flood waters; however this would need to be suitably waterproofed.  As well, the carparking arrangement has been re-configured, although not all levels within the carpark are satisfactory and one car parking space presents an accessibility issue, as it does not comply with minimum dimensions for an end bay. 

 

As the proposed carpark is in a 2C Residential Zone, 50% of the site is required to be landscaped area, with the amended application only providing approximately 4% as landscaped area.  A submission pursuant to State Planning Policy No. 1 (SEPP 1) has been submitted in relation to the shortfall, however this is not supported as the minimal landscaping proposed is considered inadequate, in terms of both size and configuration, to soften the visual impact of the carpark to the street and adjoining residential properties. As well, the blank north-eastern side wall of 15 Fenton Avenue will be exposed and the unrelieved 6 storey rear façade of the Maroubra Seals Club will further intrude into the streetscape.

 

Two alternate sketch designs have since been received from the applicant, showing possible further landscaping to the proposed carpark, with the a further reduction in the number of car spaces proposed from 20 car spaces to 18 car spaces, with a net overall car parking gain for the Maroubra Seals Club of 15 car spaces.  It is considered, however, that even with the further amendments proposed in the sketch designs, the location and amount of landscaping provided does not satisfactorily address the proposed intensity of carparking and its consequent impacts to the streetscape and adjoining residential properties.   Accordingly, the SEPP 1 objection cannot be supported and the application must fail.

 

It is considered the proposed carpark is incompatible and inconsistent with the residential streetscape, character and amenity of the surrounding residential area, both visually and from its associated impacts including noise and hours of operation, as identified in the previous recently refused application and by the objections to the current application.

 

Insufficient detail has been provided with the application to determine if the amenity impacts can be satisfactorily mitigated and whether safety and security issues are successfully resolved.  For instance, an acoustic report and details of acoustic panels have not been submitted and neither have lighting details (type of lighting type, illumination levels or prevention of light spill to residential properties) nor have safety measures and security management been properly addressed.  It is therefore considered the likely detrimental impacts to surrounding residents and the community in regard to amenity and safety and security also preclude approval.

 

The recommendation is therefore for refusal.

 

2.    THE PROPOSAL

 

The application proposes the demolition of the two existing residential flat buildings, pathways and paving located on Numbers 11 and 13 Fenton Avenue, the closure of existing driveway access to Fenton Avenue and the construction of a new paved carpark area, for the use of the members of the Maroubra Seals Club and associated works, including landscaping and the provision of a new stormwater pit. 

 

Access to and egress from the proposed new carpark will be via the existing Maroubra Seals’ carpark and its (existing) entrance from Mons Avenue via a right-of-way over land occupied by the Ambulance Station.  It is proposed to connect to the existing car park to the proposed new car park by regrading and surfacing with bitumen over another existing right of way on land (on which the Maroubra Seals Club is located) adjacent to the rear of 11 Fenton Avenue.

 

The proposal has been amended such that the new carpark provides an additional 20 car parking spaces on the subject site, however, three car parking spaces in the existing Maroubra Seals’ carpark will be removed to facilitate access to the proposed new car parking area, the subject of the application.  Thus a net gain of 17 car parking spaces would be achieved for members of the Maroubra Seals Club.

 

It is stated in the amended Statement of Environmental Effects that the “the proposed works are not intended to indicate that the properties will be used in the long term as a single, ground level car parking facility”, instead the intention is “as an interim measure, while the ‘Seals’ considers its options in the longer term”.

 

The proposed hours of operation of the new car parking area are stated as approximately 10.00am to 10.00pm, Sunday to Thursday and 10.00am to 11.00pm, Friday to Saturday.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site comprises two separate allotments, being Lot B in DP 306922 (11 Fenton Avenue) and Lot B in DP347032 (13 Fenton Avenue), located on the eastern side of Fenton Avenue, having a total site area of 710m2, both in the ownership of the Maroubra Seals Sports and Community Club Limited and a new bitumen access over an area of land forming part of the right of way on Lot 1 in DP 807314 (204-220 Marine Parade) on which the Maroubra Seals Club building is located.

 

Located on No. 11 Fenton Avenue is a two storey freestanding brick residential flat building with a hipped roof, having a driveway on the north-eastern side of the building leading to a predominantly paved rear yard (see Figures 1 and 2)

 

Figure 1 - 11 Fenton Avenue

 

 

Figure 2 - Existing driveway of 11 Fenton Avenue with 9 Fenton Avenue to the north (left)

 

Located on No. 13 Fenton Avenue is a two storey brick residential flat building, with a parapet roof to the street front.  No. 13 Fenton Avenue is attached to the adjacent two storey residential flat building to the south (No. 15 Fenton Avenue), for part of its length along the south-western boundary of the site (see Figure 3).

 

 

Figure 3 - 13 Fenton Avenue (left)

and 15 Fenton Avenue (right)

 

The rear of the site, eastern boundary, abuts the right-of-way owned by the Maroubra Seals Club.  This right of way has access to Fenton Avenue, adjacent to Number 1 Fenton Avenue, to McKeon Street (currently blocked off) at its north-eastern end and terminates at the south-western end of the existing Maroubra Seals carpark adjacent to the Ambulance Station boundary.

 

 

Figure 4 - Right-of-way – looking south-west

 

Located on the property adjacent to the north (9 Fenton Avenue) of the subject site is a two storey residential flat building with windows along the southern elevation adjacent to the existing driveway on 11 Fenton Avenue (see Figures 2 and 5).

 

 

Figure 5 – No. 9 Fenton Avenue

 

The site is in close proximity to the commercial area of Maroubra Beach, the Ambulance Station, John Stone Park, Broadarrow and Arthur Byrne Reserves, with Fenton Avenue predominantly characterised by residential flat buildings.

 

4.    SITE HISTORY

 

4.1   History of previous applications

 

Development Application No.1105/2002 for the demolition of existing buildings on land known as 11 and 13 Fenton Avenue, the regrading of the land and its use as a new car park for the Maroubra Seals Club was refused by Council at its Ordinary Council Meeting held on the 29th April, 2003 on the following grounds:-

 

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

 

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

 

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

 

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

 

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

 

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

 

7.           The proposed car park layout is unsatisfactory as there is insufficient turning area for vehicles to execute a 3-point turn to exit car space No. 23. 

 

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

 

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

 

Other recent applications relating to the adjacent Maroubra Seals Club car park have included the following:-

 

·                Development Application No. 139/00 for the modification of the existing car park and change of location of vehicular access from Marine Parade to Mons Avenue was approved on the 23rd May. 2000.

·                Development Application No. 829/01 for the modification and extension of the existing car park was approved on the 4th April, 2002.

·                Development Application No.272/01 for the modification and extension of the existing car park was approved on the 1st June 2001.

·                Section 96 application for the modification of Development Application No. 272/01 by the deletion of Condition 7 of the consent and a revised car park layout was approved on the 13th March 2002

 

4.1   History of the application

 

The application was lodged on the 7th May, 2003 and was advertised and notified until the 4th June, 2003.

 

As a result of the notification and advertising of the application, a number of objections were received, including a petition signed by 117 people, particularly relating to the impact of a carpark on the residential character of Fenton Avenue and potential noise and disturbance to residents.

 

A preliminary assessment was undertaken of the application and the applicant was notified by letter dated the 21st July, 2003 of outstanding issues and additional information requirements, particularly the requirement for an objection pursuant to State Environmental Planning Policy No.1 in relation to the shortfall in landscaped area occasioned by the proposal, as well as outstanding flooding and access issues.

 

Amended plans were received on the 18th September, 2003 but were not re-notified or re-advertised as the amendments were considered minor and as such the original objections received are still substantially relevant.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised and referred to Precinct Committee in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received.

 

5.1  Objections

 

Maroubra Beach Precinct Committee

 

The Maroubra Beach Precinct Committee at its meeting of the 2nd June, 2003, unanimously resolved the following:-

 

“The Maroubra Beach Precinct Committee is opposed to the demolition of residential buildings for the purpose of a car park in Fenton Avenue and supports the residents of Fenton Avenue in their opposition to the proposed car park.”

 

D Silove & J Curtis – 23 Chapman Avenue, Maroubra

 

·                The proposed extension of the car park would be incompatible with the residential streetscape, with attendant noise, pollution, and degradation of the peaceful and quiet residential environment.

·              Generous extra parking space, both at the beachfront and along Mons Avenue has recently been provided by Council and it is therefore essential that a balance be achieved between parking needs and the amenity and character of the streetscape, without the peace, quiet and quality of the residential environment being sacrificed to seemingly insatiable desire for more vehicular parking.

·              If the problem is that elderly members need proximate parking to the club, then the existing spaces should be reserved for them, with other members encouraged to walk a short distance from the ample parking in Mons Avenue and the along the beachfront.

 

J Gabriel – 1/9 Fenton Avenue, Maroubra

 

·              The proposed changes between the current development application and the preceding one (i.e. reduced number of car spaces and the change in entry/exit location) does not alter the fact that local residents will experience increased noise levels, both day and night.

·              Safety and privacy of adjoining residents will be under threat if Council approves the car park.

·              It is difficult to believe that the Seals Club will adhere strictly to the stated closing times, especially if patrons are playing poker machines, with the Club allowing people to stay on past the closing time for the car park.

·              Increased pollution as a result of substantial and ongoing movement in and out of the proposed car park.

·              There is ample parking at the beach and in surrounding streets.  The Seals Club should encourage patrons to use public transport and should also provide a community bus, especially if patrons have been drinking.

·              Development should enhance the beauty of the area, while the proposed car park would be ugly and an unwelcome change to the street.

 

G Talbot – 2/7 Fenton Avenue, Maroubra

 

·              The reasons for the previous refusal still apply to the current application, the only significant change is the inclusion of some suggestions made during the Councillor’s discussion of the previous application.

·              The proposal is inadequate, cheap and will not satisfy any safety requirements of the local residents.  It will still be a poorly designed car park in a residential area, surrounded by hundreds of public car parking spaces.

·              The Seals Club has not consulted with local residents regarding the proposal.

·              The proposal still attempts to utilise public access.

 

M and S Johnson – 19 Chapman Avenue, Maroubra

 

·              By demolishing buildings and replacing them with a carpark, that for a majority of the time sits empty, there is a massive downgrading in the ambience of the area.

·              The landscaping of the current car park is a farce with poor design and infrequent maintenance.  It is hard to fathom how a proposed flat, black car park will enhance the ambience that Randwick Council is trying to create in the area, with its completely rejuvenated Maroubra Beach foreshore, with new children’s playground, BBQ’s and increased off-street landscaped car parking.

·              The proposal will allow commercial aspects of Marine Parade to spill over into residential areas.

·              Apartment blocks lining Fenton Avenue act as a barrier to the increased traffic and accompanying noise that arise from business activities emanating from Marine Parade.

·              The connection between popular liquor outlets and large carparks is an outmoded and sometimes dangerous proposal.  The Council would fail in their duty of care if they were seen to be encouraging people to drive to locations where liquor consumption is the norm.  Instead, the Seals Club should provide a local mini bus service during peak hours.

 

V Schembri – P O Box 322 Coogee (owner of 15 Fenton Avenue)

 

·              There is no need for carparking between 9 and 15 Fenton Avenue as there is ample on-street and off-street parking provided.

·              The proposed car park would be incompatible with the residential nature of the surrounding area and late night usage would be disturbance to the residents.

·              The character and visual appearance would isolate No. 15 Fenton Avenue from the rest of the street and is not of public interest.

·              The layout of the proposed car park is inadequate with insufficient turning area.

·              The proposed car park will obstruct an existing right-of-way that benefits Nos1-15 Fenton Avenue, 39-45 McKeon Street and 194-202 Marine Parade.

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

·              The proposed car park will increase vandalism, gang fights, rubbish, criminal activities, nuisance, noise and pollution to residential properties.

·              Utilisation of lane/right-of-way running behind 11-13 Fenton Avenue would infringe on the legal rights of the owners of surrounding properties who have the benefit of right-way along this lane.  If the proposal is approved then when the car park is full, people will inevitably park their cars on the right-of-way.

·              Fenton Avenue is wide enough to have angle parking for increased parking in the area.

 

R Fanning and D Cannell – 2/40 Flood Street, Bondi (owner of 2 Fenton Avenue)

 

·              The building of a large carpark for use in conjunction with a commercial venture such as the Seals Club is out of keeping with the quiet, primarily residential nature of the street.

·              Approval of the proposal will result in an unpleasant increase in both noise and pollution levels caused by the extra traffic, particularly as the car park will be in use until 11pm.

·              The Seals Club is an eyesore and totally out of character with appeal of the newly renovated foreshore area. A total renovation of the existing building is required rather than a carpark which would only add to the unattractiveness of the Seals Club area and impinge on the residential nature of Fenton Avenue.

 

J Otormin – 3/7 Fenton Avenue, Maroubra

 

·              To have the proposed car park in Fenton Street is an obscenity and would not comply with the quietness and peacefulness of the area.

·              The proposed operating hours will considerably increase the amount of noise and pollution, with residents unable to sleep until after patrons vacate the car park.

·              The proposal will decrease property prices.

·              The right of way is for the benefit of residents and will be abused by the Club’s patrons

 

B Campbell – 4/9 Fenton Avenue, Maroubra

 

·              Fenton Avenue is a residential street with low-rise unit blocks and houses.  A carpark will destroy the visual appearance and cause noise disturbance to neighbours.

·              Demolishing two residential unit blocks will force people to leave their homes and seek other accommodation.

·              Not only does the proposal ignore the hosing needs of people who live in Nos. 11 and 13 Fenton Avenue but also the safety needs of adjacent residents on either side (Nos. 9 and 15 Fenton Avenue), as it is a great deal safer to live next to a residential block than a car park.

·              The existing car parking facilities provided by the Seals Club is rarely filled, with substantial amount of car spaces provided in Mons Avenue, Marine Parade and beach car park.

·              There is a more than adequate public transport system in the area and the Seals Club, if concerned, could provide a mini bus service.

 

L Shurey – 8 Chapman Avenue, Maroubra

 

·              The proposal involves the demolition of a block of flats and half a semi in Fenton Street.  This is unacceptable and unattractive and it will not enhance the area.

·              The proposal is inconsistent with the aims of the Randwick LEP and does not satisfy the aims of the DCP for Maroubra Beach.

·              There is plenty of parking in the area, with the Council and street parking; there is no need to increase it.

·              The acoustic sandwich panel type fencing will do nothing to enhance the lives of residents adjoining the car park.  The noise and car lights.

 

C Kafka – 2/9 Fenton Avenue, Maroubra

 

·              This second application for the proposed car park does little to address the concerns raised by the first application, listed in the Director Planning and Community Development reports dated 13 February 2003, 24 March, 2003 and 17 April, 2003 and therefore a matter of public record.

·              The land is zoned residential 2C, however if this car park is approved, it will foreshadow an attempt to rezone this area to commercial, as the Club has made no secret of the fact that this is an interim measure.

·              The major issues of noise, pollution, safety and security have not been addressed in this latest application.

·              Aspects of vehicle noise such as car doors slamming, horns blowing and noise generated by people arriving and departing licensed premises have not been addressed.

·              The use of the word “approximately” in the closing times of the car park implies flexibility in these closing times, with cars left in this area allowed to leave at all hours until the Club closes in the early hours of the morning.

·              To be effective an acoustic fence will need to be higher than the fence presently in place, however a higher fence will interfere with the level of light coming into the bedroom, kitchen and bathroom windows opposite the proposed car park.

·              Car fumes will pollute the immediate environment of 2/9 Fenton Avenue.

·              Increase lighting levels for security purposes within the proposed car park will be intrusive to 2/9 Fenton Avenue and begs the question what time will it be turned off, i.e. when the car park closes or do they stay on all night.

·              There are steps and low fences to Fenton Avenue shown on the plans, discounting the security aspect.  If pedestrian access is proposed to Fenton Avenue, then why would a car park, purported to be exclusively for the use of the Club patrons, need pedestrian access to Fenton Avenue?

·              The Club has failed to justify its need for these 18 additional car spaces.  Photos used to justify the need for these additional spaces show car parking spaces still available.  A parking study should be conducted during summer to substantiate their argument for more parking spaces.

·              Other important issues that remain unresolved are the 1 in 100 year flood zone, the right-of-way and contravention of the LEP and DCP.

·              The owner of No. 15 Fenton Avenue will be left in an invidious position as this property is virtually attached to No. 13 which the Club proposes to demolish.

·              While it is recognised that the neighbourhood will undergo change, is should be for the better and a car park, no matter how interim, does not achieve this.

 

Nineteen (19) form letters from the following:- T Jones of 3-9 Fenton Avenue, Maroubra; K Hudson of 251 Fitzgerald Avenue, Maroubra; C Greer of 27 Glenngie Street, Maroubra; B Webster of 14 Inman Street, Maroubra; P Falzon of 21 Camira Street, Maroubra; N Bowers and T Woodcock-Outram of 36 Chapman Street, Maroubra; D Thompson of 2/5 Fenton Avenue, Maroubra; J Brooke-Wood of 3/4 Hereward Street, Maroubra; R Simmons of 5 Rossiter Avenue, Maroubra; A McGrath and S Hardgrove of 5/11 Fenton Avenue, Maroubra; A Karavelatzis of 3/27 Chapman Avenue, Maroubra; G and H Bartlett, Haywood Street, Kingsford; T J Ward of 6/27 Chapman Avenue, Maroubra; M Patane of 39 White Avenue, Maroubra; A Thompson of 2/15 Fenton Avenue, Maroubra; B Carmudie of 56 Green Street, Maroubra; A Devine of 345 Maroubra Road, Maroubra; N Freney of 34 Marine Parade, Maroubra; C and P O’Brien and J Hanna of 7 Bond Street, Maroubra., with the following concerns:-

 

·              Demolishing No. 13 Fenton Avenue will not only be difficult, due to the minimal separation between Nos. 15 and 13 Fenton Avenue, but it will leave No. 15 isolated and Fenton Avenue will be left with a very odd looking streetscape.

·              Security, noise and pollution are major issues, with the proposed car park operating hours, not alleviating these issues, especially people getting into and out of cars, honking horns, slamming of car doors and talking.

·              The Club has not addressed how it proposes to deal with those cars left in the car park after its closure at night.

·              The submitted plan appears to show pedestrian access into and out of the car park from Fenton Avenue, adding to the potential for noise and security risk and more likely to be used as shortcut to and from Marine Parade.

·              The Club has consistently failed to provide justification for the additional 18 car spaces.

·              The proposal contravenes both the LEP and the DCP, both of which were put into place after considerable community consultation.  Therefore approval of the proposal would set a dangerous precedent.

·              The proposed car park would be detrimental to the quiet residential neighbourhood of Fenton Avenue.

 

Additional to the above, a petition signed by 117 people stating that the demolition of two residential flat buildings for the proposed 21 car spaces provided for 14,000 club members is out of proportion to the impact it will have on the residential neighbourhood.  Particularly traffic and pollution will increase and its late night usage will potentially cause noise and disturbance.

 

The above issues, as put forward in the submissions received, are addressed in the main body of the report.

 

5.2  Support

 

No letters of support were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Drainage Comments

 

Onsite detention of stormwater is not required for this application.

 

As a guide, any absorption system is to be constructed 2.1m from any property boundary and 3.0m from any footing based structure.

 

6.2       Flooding Comments

 

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

 

The applicant has submitted details showing a block retaining wall surrounding the site constructed to RL 6.50 AHD. The AIS Dept considers this satisfactory provided the block retaining wall is suitably waterproofed up to this level.

 

It is further noted that proposal must not adversely affect the flood levels and/or frequency of flooding in the area.  The applicant is advised to contact Council’s Asset and Infrastructure Services Department regarding this matter (9399 0919) prior to submitting any amended details.

 

6.3       Parking

 

Parking space No 1 does not comply with Council’s DCP-Parking for enclosed end bays but may be considered acceptable should the proposed landscaping adjacent to car space No 9 be reduced in length to 3.00m. Should the reduced landscaping not be acceptable then consideration should be given to deletion of car space No 1.

 

The proposed carpark high point shown on the submitted plans as 6.45 between car spaces 14 & 20 is to be raised to 6.50 as previously advised.

 

The applicant should show levels and grade of carpark along car spaces 16 – 20 and 14 -15

 

7.    MASTER PLANNING REQUIREMENTS

 

Not applicable as the site area is under 4,000m2

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

·              Environmental Planning and Assessment Act, 1979 (as amended)

·              Randwick Local Environmental Plan 1998

·              Randwick Development Control Plan – Parking

·              Building Code of Australia

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

50% of the site = 355m2

4.4% =31.5m2

No – a SEPP 1 objection has been lodged and is discussed below.

 

Landscaping

 

Clause 31 (2) of the Randwick Local Environmental Plan 1988 requires that:-

 

“Development, otherwise than for the purpose of a dwelling house, within Zone 2B or 2C must provide a minimum of 50% of the total site area as landscaped area”

 

The amended plans for the proposed car park shows a landscaped strip, approximately 0.7m in clear width, along the length of the Fenton Street (western) site boundary and a landscape strip, approximately 0.45m in clear width, is shown along the eastern boundary to the south-west of the proposed cross-over from the existing car park.  As well, along the north-east side boundary, centrally located, is a landscaped area approximately 4.5m by 2.45m.

 

The total of these landscaped areas amounts to approximately 31.5m2 or 4.4% of the site area, instead of the 50% required by Clause 31 (2) of the Randwick Local Environmental Plan 1988.  In accordance with the comments from Council’s Director of Asset and Infrastructure Services, previous in the report, the configuration of Parking Space No. 1 is such that the landscaped area would be further reduced to approximately 3.8% if Parking Space No 1 is to be retained. The applicant has provided a submission pursuant to State Environmental Planning Policy No. 1 (SEPP 1) in regard to the statutory standard for landscaped area.

 

The stated purpose of the standard is:

 

“To establish minimum requirements for the provision of landscaping to soften the visual impact of the development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes”.

 

SEPP 1 objection

 

The SEPP 1 submission argues that compliance with the standard is unreasonable and unnecessary in this instance for the following reasons:

 

·          The purpose of the standard is not relevant to the proposed development.

·          As a car park, with obviously no residents or workers, there is no necessity or requirement to provide open space for recreational purposes.

·          The design of the carpark, complete with absorption pit, virtually eliminates urban runoff from the site.

·          There is no proposed built volume/mass of structure on the site, with a need to soften visually (or hide).

·          Approximately 300m2 is proposed to be paved with 50% grass/50% concrete paving in order to break up the surface paving finish, and this combined with the landscaped area shown on the amended plans constitutes in the order of 50% of the total site area.

 

Comment

 

Although the inclusion of an absorption pit and the use of 50% grass and 50% concrete paving slabs within the car parking spaces themselves (as noted on the plans) assists in the reduction of urban run-off, these measures are not included in the definition of “landscaped area” contained within the LEP.  In fact, areas used for parking and driveways are specifically excluded from the definition of landscaped area.

 

The amount of landscaped area proposed (31.5m2 approximately or 4.4%) is a significant departure from the standard, however, it is considered that the definition of “landscaped area” is designed for residential development in the 2C Residential Zone and is not intended to be applied to a carpark situation.  Instead, it is considered that the amount, type and layout of the landscaping should be reasonably mitigate the amenity impacts to adjoining residents, screen the proposal from the street and soften the impact of sealed areas and parked cars. 

 

 

The applicant argues that there is no necessity or requirement to provide open space for recreational purposes, as the carpark is not for a residential use on the site. 

 

The SEPP 1 argues that as there are no structures proposed on the site, there is no need to visually soften the carpark.  This is considered ill-conceived as the extensive area of proposed bitumen and concrete surfaces, as well as the reflective metal and glass car surfaces, will be stark, visually obtrusive and reflective to the Fenton Street and adjoining residential properties requiring adequate landscape screening and canopy tree cover to ameliorate its exposure within the surrounding residential context.  Additionally the proposed demolition of the two residential flat buildings will further expose to Fenton Street, the six storey rear wall of the Maroubra Seals Club which is already an intrusive element to the streetscape (see Figures 4 and 5 below).

 

 

Figure 4 – 11 Fenton Avenue with Maroubra Seals’ Club

 clearly visible behind

 

 

Figure 5 – rear of Maroubra Seals’ Club

 

The minimal amount of landscaping proposed is considered inadequate for the purpose of screening and softening the visual impact of the proposed carpark within the residential area and the Maroubra Seals Club behind.  The garden beds proposed on both the western and eastern elevations, 0.7m and 0.45m in clear width respectively, are considered unlikely to allow any substantial screening and hence softening of the development, especially to Fenton Street.  A landscape plan has not been submitted in conjunction with the application demonstrating that suitable screening species could be introduced into these garden beds and it is considered likely that only small ground cover type plants would be suitable in these areas.

 

No landscape screening is proposed along the south-western side elevation adjacent to No. 15 Fenton Avenue, leaving exposed to Fenton Avenue the blank north-eastern side wall of the building on 15 Fenton Avenue (currently attached to 13 Fenton Avenue- see Figure 3 previously).

 

The proposed landscaped area on the north-eastern boundary, does not run the full length of the boundary but is isolated centrally along this boundary and thus there is no screening or softening of the outlook for the majority of the south-western windows in the adjacent residential flat building to the north-east (9 Fenton Avenue –see Figure 2 previously).

 

The Randwick Development Control Plan – Parking (DCP – Parking) provides recommended landscape treatments for car parks and these can be seen in Attachment 2 to this report.

 

The recommended planting layouts in the DCP – Parking, indicate that landscaping should be contiguous with each car space and continuous throughout the entire carpark.  The amended proposal, however locates the carparking in three separate locations, along the front boundary, part of the rear boundary and a 4.5m length along the north-eastern boundary.

 

In response to Council’s request for landscaping to be provide more in line with the recommended layouts in the DCP - Parking, the applicant has submitted in response two (2) sketch designs that delete a further two car spaces to provide additional landscaping (see Attachment 3 to this report).  The applicant considers, however, that the loss of the two car spaces is undesirable and notes that the recommended layouts in the DCP – Parking are indicative only and that “the actual footprint of the site is extremely restrictive to any possible (landscape) layout to generally maximise the number of car spaces, based upon aisle width and vehicle space requirements, as well as other imposed Council restrictions”.

 

It is considered, however, that the submitted sketch designs do not successfully integrate the proposed carparking and landscaping to enhance the appearance and minimise the amenity impacts to neighbouring residences and the street through screen planting.  In particular, neither the amended proposal nor the sketch designs provide landscape screening along the full length of the side boundaries of the site to ameliorate the impacts to the adjoining residential properties.  Additionally the landscaped areas are not adequately linked, with all designs introducing superfluous landscaping along the rear boundary with the existing car park.

 

It is therefore considered that the degree of variation proposed to the statutory landscaped area standard is not reasonable as provided in the various configurations, being the amended proposal and the sketch designs, with the proposed landscaped area unable, by way of its location and configuration, to provide the necessary screening and softening of the development to ensure an appropriate and adequate response to its residential context and the intensity of the use as proposed.  It is therefore considered that the application has demonstrated that a high quality landscape outcome can be achieved and the SEPP 1 submission is not supported.  Accordingly the application must fail.

 

8.1  Policy Controls

a.    Development Control Plan - Parking

 

The Randwick Development Control Plan – Parking (DCP – Parking) requires that hotels and clubs provide car parking at a rate of 1 space per 6m2 of bars, lounges, entertainment venues, restaurants, dining rooms, auditoriums, discos, etc, as well as 1 space per 3 employees.  Presently the Maroubra Seals Club provides 31 car spaces on site, including one car space for people with a disability (as approved by Development Application No. 272/01/GJ as amended by a Section 96 application.  Compliance with the parking provisions of the DCP – Parking is not sought by Council, as the Club premises is an existing situation and compliance is not warranted unless the Maroubra Seals Club is re-developed or additions proposed.  Additions to the existing Club would generally only require additional parking to be provided to cater for additional demands arising from increases in floor space or changes in use. 

 

The Statement of Environmental Effects justifies the need for the proposed new car park due to pressure being placed upon available parking in the area from the four hour parking restrictions in the immediate area, the increased popularity of Maroubra Beach, the opening of the new children’s playground, the new expressway linking the south-western suburbs of Sydney with the airport, as well as concerns regarding the future possibility of the introduction of parking meters. 

 

The applicant has advised in the accompanying documentation that the application is of a “limited nature” and is considered only an "interim" measure”.  A long term parking plan, however, to meet members’ requirements has not been put forward.  Should Council decide to approve the application, it is considered that a time limited consent is appropriate under the circumstances.

 

It is considered that a more proactive and sustainable approach should be adopted with members surveyed to ascertain their needs. A free bus service for patrons in the surrounding area, as put forward in the objections received, is a practice commonly adopted by other licensed clubs and would probably be a more effective way of reducing parking demand and a safer road environment than an limited “interim” proposal of unspecified time.

 

The Maroubra Seals Club has responded to this suggestion of a free bus service for patrons by stating the following:

 

“The Club does not currently run a members bus service, however a members bus service had been previously trialled.  When trialled, the usage was limited and did not achieve the Club’s goals and in fact encouraged undesirable behaviour.”

 

Currently the Club is serviced by a number of bus services including the 396, 395, 377, 376, 353 and 317” and that “the Club has suggested to the Sydney Buses that the 397 continue down Mons Avenue to Marine Parade, then return to Malabar Road, via Fitzgerald Avenue

 

From the Club’s own enquiries, the majority of our members prefer to come and go, at their own time discretion, in their own vehicle.  Those who live in the immediate vicinity tend to walk”

 

 

It should be noted that the proposed 17 additional car parking spaces, as pointed out in the comments received from Council’s Director of Asset and Infrastructure Services, would be reduced to 16 car parking spaces unless the landscaped area proposed is further reduced to allow for manoeuvrability from Parking Space No. 1.

 

It is considered that the arguments put forward by the applicant to justify the proposal fail to adequately support the proposed introduction of a car park into a residential area for the following reasons:-

 

·        As visually evidenced and supported in the submissions received, there is a considerable amount of on-street parking provided in the area, including Council parking along the Maroubra Beach front reserve.  The on-street and beach front parking is considered generous when compared to car parking provided in the vicinity of other beaches in the area, such as Bondi, Bronte and Coogee.

·        The addition of 17 car spaces would not significantly alter the existing shortfall in the number of car spaces required, with the Club still heavily relying on parking being provided in the surrounding area.

·        Restricted four hour parking allows turnover both for beach users and for those people using the playground, as well as Club members.  Four hours is not considered an unreasonable time to utilise the facilities of the beach and/or playground and/or the Club.

·        Little pressure is placed on on-street parking by beach or playground users at night time.

 

Council’s Director of Asset and Infrastructure Services has provided comment on the car park layout as outlined previously in the report.  The comments note the following:-

 

·        In order to retain Parking Space No. 1 the proposed landscaping on the north-eastern side of the site would need to be reduced.

·        The high point in the proposed between Parking Spaces Nos. 14 and 20 should be raised.

·        Levels and grades of the carpark along Parking Spaces Nos. 16 to 20 are required to be specified.

 

Council’s Development Control Plan – Parking has as an objective the following:-

 

“To enhance the appearance, operation and amenity of the car parking areas through landscape design”.

 

As previously discussed in the report, it is considered that the proposal fails to achieve this objective.  As previously mentioned, the landscaping shown on the plans is minimal in proportion to the site area, and is poorly configured and located to provide adequate screening to Fenton Street and surrounding residential development and the softening of the extensive scale of hard surfaces and glare from reflection of cars parked within the proposed area.  It is considered that the landscape proposal has been designed without due regard to the amenity of the residents in the area and lacks sufficient planting detail (species selection, mature heights, etc).

 

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 and the following comments are provided below.

 

9.1  Right of way

 

It is asserted in the objection received from the owner of 15 Fenton Avenue that the proposal will obstruct the existing right of way that benefits a number of properties including 1-15 Fenton Avenue, 39-45 Mckeon Street and 194-202 Marine Parade.

 

The right of way is shown on a consolidated plan of title to terminate at the north-eastern boundary of the Ambulance Station, in alignment with the existing Maroubra Seals’ carpark.  Thus the proposed access over the right of way to the land forming the site of the proposed new carpark at 11-13 Fenton Avenue has the potential to affect access for 15 Fenton Avenue.  Levels shown on the amended plans indicate that the maximum level change between the proposed bitumen accessway over the right of way and the adjacent existing levels on the right of way to be 150mm, with the accessway proposed to be graded to the adjacent levels of the right of way.  It is therefore considered that the proposed works over the right of way will not substantially affect the right of passage for 15 Fenton Avenue.  Should Council approve the application an appropriate conditions of consent must be included prohibiting any structures over the right of way and ensuring that the accessway is graded satisfactorily to the adjacent existing levels in the right of way.

 

Other issues relating to the generally poor condition of the right of way and other obstructions apparent over the right of way are outside the scope of the consideration of this application and are civil matters between the Club and the beneficiaries of the right of way.

 

9.2  Amenity

 

The submissions raise amenity issues concerning the detrimental impacts associated with light spill from the car park to adjacent residential properties, privacy, and air and noise pollution.

 

The application proposes raising the existing levels on the site by between 30mm and 810mm on the north-eastern side of the site, adjacent to 9 Fenton Avenue.  The level changes on the south-western side, adjacent to No. 15 Fenton Avenue, are proposed to vary between  –170mm and 630mm.  Concrete block retaining walls are proposed along all boundaries of the site to contain potential site flooding.  On both side boundaries, acoustic panel fences are proposed to an additional height of 900mm on the south-western boundary with No. 15 Fenton Avenue and 900mm on the northern end of the north-eastern boundary and 1300mm on the southern end of the north-eastern boundary (see Table 1 below).  Details of the acoustic panels have not been supplied with the development application and neither has an acoustic report been submitted detailing existing ambient noise levels and providing an assessment of the efficacy of the acoustic fence/mitigation measures in relation to noise and vibration likely to be experience by adjoining residents with particular regard to the potential car numbers using the subject site on a daily basis, peak periods and proposed operating hours.

 

Any Club, which is open late in the evening, clearly has the potential to result in a nuisance (generate noise, etc) that may interfere with the amenity of residential properties that are in close proximity to the Club and carpark.  The extension of the Club carpark immediately adjacent to the side boundaries of both 9 and 15 Fenton Avenue, in close proximity to windows, particularly the windows of 9 Fenton Avenue, would increase the likely potential of detrimental impacts to the residents of these properties.  The noise impacts associated with patrons leaving the Club would include opening and closing of car doors, loud voices and the operation of engines and car sound systems.  It would be difficult to for the Club to control patrons returning to their vehicles to ensure that they would not create a disturbance.  Given the lack of accompanying supporting documentation regarding the proposed acoustic treatment, it is considered unlikely that the intermittent noise levels associated with such actions would be mitigated to an acceptable level.

 

Four light poles are shown on the amended plans, two on the front (north-western boundary) and two on the rear (south-western boundary).  No further details have been supplied with the amended application, other than supplied in the Statement of Environmental Effects stating “the proposed lighting from the nominated light poles would be directed within the proposed car park area and not in any way towards residences”.  This statement has not been supported by any detail, particularly relating to pole heights and type of lights proposed, illumination levels, hours of operation of the lights or whether activated by movement within the carpark, “spill-over” effects, etc.  Council therefore is not in a position to ensure adjacent residents that they would not experience detrimental impacts as a result of the increased illumination levels, however it is considered that in all likelihood there will be detrimental impact on the level of amenity currently enjoyed from the residential use of the site.

 

There will be some overlooking to adjoining residential properties due to the variation in finished ground levels throughout the car park in the vicinity of the side boundary fences proposed and the increased intensity of the use of the site.  Should Council consider approval, the side boundary fence heights to the rear of adjacent properties building line should be increased to a minimum uniform height of 1.8m above finished ground levels to minimise privacy impacts associated with the proposed use.  Although a resident of 9 Fenton Avenue has objected to a fence height that would block outlook, there is little outlook from ground level other than sky.  In this regard privacy, both visual and acoustic is considered tantamount to any loss of outlook.

 

A further consideration regarding the potential use of the Club’s patrons utilising the right of way thereby causing noise and disturbance to properties adjacent to the right of way.  This has not been addressed in the application, however should Council consider approval, then appropriate sign posting and penalties should be put in place by the Club and should be the subject of a condition of consent.

 

9.3  Safety and security

 

The submissions raise concerns regarding safety of adjoining and residents and security of their property resulting from the proposed car park use.  The environmental design measure proposed for safety and security and crime prevention, apart from the proposed fencing of the site, are the inclusion of the light poles as mentioned above and the extension of the Maroubra Seals Club’s existing closed circuit television system to better overview the proposed carpark, as stated in the Statement of Environmental Effects.

 

The applicant has not undertaken a crime risk assessment and it is considered that the proposed car park as a semi-public place will have the potential for anti-social behaviour, particularly associated with drugs and alcohol.  Council therefore has an obligation to ensure that the proposed development provides safety and security to users and the community.

 

The application is considered lacking in regard to effective access control and surveillance measures and space management.  As already pointed out, the application is inadequate in regard to details regarding effective lighting capable of balancing good surveillance with minimal impact to surrounding residents, as well as landscaping details that would make the carpark attractive but would not provide offenders with a place to hide or entrap victims. Cameras to connect with the existing Club’s existing closed circuit television system have been proposed but their location and placement has not been detailed.  These cameras could lead to infringements on the privacy of adjoining residents if not appropriately located.

 

9.4  Hours of operation

 

The closing times of the proposed carpark are stated as being approximately 10pm, Sunday to Thursday and 11pm, Friday and Saturday.  Although these hours would reduce the amenity impacts of the proposal, no enforcement details have been supplied, as pointed out in the submissions, and no boom gates are shown to prevent egress if vehicles remain after these times.

 

9.5  Streetscape

 

The streetscape generally consists of two storey residential flat buildings (see Figure 6) apart from two single storey and one three storey building.  The proposal isolates 15 Fenton Avenue from the residential context of the streetscape.  The carpark will thus be a disjunctive element in the streetscape, breaking it up with a carpark that is considered out of character with the other streetscape elements.  As well, the proposal will leave exposed the blank north-eastern side wall of 15 Fenton Avenue.  No landscaping has been proposed along the south-western boundary of the site with 15 Fenton Avenue to give relief or screening to this façade.

 

 

Figure 6 - Eastern side of Fenton Avenue looking north-east

 

The proposed carpark will be elevated above the footpath level by between 510mm and 660mm.  Although a concrete block wall, varying in height between 590mm and 750mm, is proposed to be constructed on the Fenton Avenue boundary with 650mm of landscaping to a secondary front fence (inner fence in Table 1) that presents a wall up to 1.76m in height with respect to the footpath levels (it should be noted that there are inconsistencies between the proposed heights for the front boundary fences as noted on the plans when compared to existing levels).  The edge conditions such as landscaping to the front boundary, fencing and lighting will not be consistent with those in the street.

 

Cars parked within the proposed new carpark will be clearly visible as the fence height compared to the finished levels of the carpark achieves a maximum of 1.15m only. Although landscaping is proposed to be provided between the proposed tired front fencing arrangement, the clear width (650mm) is considered inadequate to appropriately screen the fences or the cars parked on the elevated platform and light spill from car headlights into Fenton Avenue will likely occur.

 

In addition the illuminated car park at night will be prominent in the area, emphasising its contextual misfit with the surrounding residential land uses.

 

9.6  Property prices

 

No evidence has been supplied in the objections received to support the claim that there will be a loss in property values as a result of the proposed development.  Property prices, however, reflect to some extent the detrimental impacts associated with development.  In this instance, the application assessed on its merits is not considered worthy of approval.

 

9.7  Flooding

 

Flooding issues that beset previous proposals for a carpark on this site have been addressed in the current amended application (see Referrals previously in the report), subject to appropriate condition of consents should the application be approved by Council.

10.  CONCLUSION

 

Whilst the amended plans have addressed to some extent the encroachment on the right of way and flooding, the proposed development is still unsatisfactory in terms of its amenity impacts on adjoining and neighbouring properties, the streetscape of Fenton Avenue and landscaping. The SEPP 1 objection with regards to the considerable shortfall (96% approximately) in the statutory landscaped area required for a site in the 2C residential area has not been adequately justified and accordingly the application must fail.  Further, increasing carparking in the area is inconsistent with ESD principles and cannot be justified given the ample carparking existing in the Maroubra Beach area.  The application also lacks sufficient information with regards to acoustic impacts and proposed landscaping and there are demonstrated inconsistencies between levels and heights proposed for fences.

 

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. 362/03/GJ for demolition of existing buildings, close access from Fenton Avenue and construction of a new carpark connected to the existing Maroubra Seals carpark. at 11-13 Fenton Avenue for the following reasons:-

 

1.           The proposal fails to provide sufficient landscaped area on the site in accordance with Clause 31 of the Randwick Local Environmental Plan 1998 and has failed to adequately justify the shortfall in the objection submitted pursuant to State Environmental Planning Policy No. 1.

 

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

 

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

 

4.           The proposed use of the land as a carpark fails to adequately demonstrate that crime risk can be minimised to ensure safety security to users and the community.

 

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

 

6.           The proposal is inconsistent with the aims of the Randwick Local Environmental Plan 1998, in particular e) and g) in that it does not conserve the aesthetic character of the area nor promote, protect and enhance the environmental qualities of Randwick.

 

7.           The proposed car park layout is unsatisfactory with regard to manoeuvrability to Car Parking Space No.1 and levels within the carpark. 

 

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

ATTACHMENT/S:

 

1. A4 plans

2. Development Control Plan - Parking: recommended Planting Layouts for Carparks

3. Sketch designs submitted on 29 October, 2003

 

 

 

………………………………

………………………………

 

DAVID PIRIE

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNER

 

 

 

 

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

17 June, 2003

FILE NO:

03/00197/GE

 

PROPOSAL:

 Demolition of existing buildings on site and erection of a multi unit residential development containing 18 units and 34 carparking spaces

PROPERTY:

 14 - 16 Daintrey Crescent and 4 Dudley Street, Randwick

WARD:

 East Ward

APPLICANT:

 Smyth Planning

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.        EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $2,300,000.

 

The subject site contains a disused nursing home and two dwelling houses and has frontages to both Dudley Street and Daintrey Crescent. Surrounding and adjacent uses consist of residential development from single level to 5 storey multi unit housing development.

 

The proposed development involves demolishing the existing structures and constructing a multi unit residential development containing 18 dwellings and basement parking. The proposed building has a contemporary façade to both street frontages and is broken into two separate buildings that are divided by extensive landscaping.

 

Objections to the proposal included excessive FSR/Scale, excessive height, view loss from Daintrey Crescent, streetscape impact, overshadowing, setbacks, parking and traffic problems to Daintrey Crescent, inadequate landscaping and loss of property values.

 

The site is located in a 2C Residential zone and is permissible with Council consent. The proposal is subject to the provisions of the Development Control Plan (DCP) -Multi Unit Housing.

 

The assessment of the application reveals that whilst the proposal exceeds the FSR requirement, the scale, height, setbacks and parking aspects of the proposal are appropriate. The proposal will not dominate the streetscape but will add a contemporary face that is consistent in scale with its adjacent neighbours. The proposed floor space is not unreasonable as much of the excess will be contained below what is now ground level. The proposed development will cause some minor view loss to dwellings on Daintrey Crescent. However views from other properties are preserved and many new views created. Internally the proposal has a high degree of amenity with split level apartments that have dual frontages, extensive views to the east and north, high quality landscaping and open spaces as well as an accessible apartment and extensive parking with storage areas. Overall the assessment of the application reveals that the proposal is worthy of approval.

 

The recommendation is for approval subject to conditions.

 

2.        THE PROPOSAL

 

The proposed development involves the demolition of the existing structures on site and the erection of a multi unit residential development entailing the following:

 

·        Two buildings containing 18 dwellings (7 x 2 bedroom and 11 x 3 bedroom units) with one building containing 5 dwellings (fronting and accessed off Dudley Street) and the other building containing 13 dwellings (fronting and accessed off Daintrey Crescent).

·        A 34 space car park of which 29 spaces are for residents and 5 are for visitors. The carpark is contained within two basement levels and vehicular access is off Dudley Street,

·        Storage areas are contained within the carpark,

·        All units contain private open space and most are split level with dual orientation to improve access to ventilation, sunlight and views,

·        Landscaping is proposed between the property boundary and the proposed buildings and also between the two buildings. The landscaped areas include a wide range of species from grasses to trees, a water feature, and areas for deep planting purposes.

 

3.        THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Dudley Street and the eastern side of Daintrey Crescent, Randwick and has frontages to both streets. The site is comprised of three allotments and is L shaped  with a 35.5m frontage to Daintrey Crescent, an 18.5m frontage to Dudley Street, a 61.6m length on the southern boundary and a 39m length on the northern boundary with a total area of 1867 sq.m. There is a considerable fall on the site from the Daintrey Crescent boundary to the Dudley Street Boundary of approximately 9m. The site contains three substantial buildings comprising a former three storey nursing home on the northern side of the site and two residential dwellings on the southern side of the property with one fronting Dudley Street and the other fronting Daintrey Crescent.

 

The surrounding area is a mix of single dwellings and multi unit housing varying in size from single storey to 5 storeys. Along Daintrey Crescent, the adjacent building to the south is a four storey multi unit development and the adjacent building to the north is a two storey residential dwelling. Along Dudley Street, the adjacent building to the  south contains a three storey dwelling including a garage at street level and the adjacent building to the north contains a four storey multi unit housing development including garages at street level.

 

       

 

      Subject site from Daintrey Street looking east/northeast.

 

  

 

  Southern side of site and adjacent units        Development to the west of the site across

 from Daintrey Crescent.                                           Daintrey Crescent.

 

   

 

     Development to the west of the site              Development to the north of the site on     across Daintrey Crescent.                                                  Dudley Street.

 

    

 

Subject site from Dudley Street.            View of the site showing adjacent buildings

    The nursing home is visible at rear right.                          from Dudley Street.

 

     

 

View of buildings to the south on Dudley Street. The Multi Unit development to   the south of the site on Daintrey Crescent is visible at rear.

 

4.        SITE HISTORY

 

a.         APPLICATION HISTORY

 

The three sites have a history of previous development approvals however none of them are relevant to the proposed development application.

 

5.        COMMUNITY CONSULTATION:

 

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

 

5.1    Objections

 

Marie Page

7/18 Daintrey Crescent

Randwick 2031

 

·        The proposed development will exacerbate the current on street parking problems,

·        Excessive height and floor space will cause blocking of views.

 

Sam Kutner

10 Daintrey Cres,

Randwick,

 

·        Excessive floor space can not be justified,

·        Using vehicle stackers would be contrary to the requirement to enter and leave the site in a forward direction,

·        Significant view loss from Daintrey Crescent of Coogee and the Ocean,

·        Residents gaining access of Daintrey Cres to apartments are likely to park onstreet rather than in the proposed car park due to access difficulty,

·        The excessive profits to be gained will compromise environmental amenity.

 

Peri Diestelow and Amaranth Jones

12/12 Daintrey Crescent,

Randwick 2031

 

·        View loss to ocean as a result of excessive height. Height should be lowered,

·        The proposed contemporary design does not complement existing architecture in the street,

·        The proposal will cause on-street parking congestion/problems on Daintrey Street.

 

Pro Forma Letter from the following residents:

 

T Spinolo,

22 Daintrey Crescent,

Randwick 2031

 

Lynette Pierse

4/18 Daintrey Crescent,

Randwick 2031

 

J & D Slomovits

6/11 Daintrey Crescent,

Randwick 2031

 

Patricia Rihana

5/11 Daintrey Crescent,

Randwick 2031

 

·        Floor space ratio exceeded (by over 35%),

·        Total floor space exceeded (by over 35%),

·        Minimum soft landscaped area,

·        Setbacks to boundaries,

·        Car parking provisions (i.e. stack or tandem parking has been allowed for the majority of the spaces),

·        Loss of views (both public and private),

·        Incompatibility with streetscape and surrounding development,

·        Will cause overshadowing and loss of visual and aural privacy

·        On-street parking and traffic problems will be exacerbated by the proposal.

 

Mark Rohanna

1/7 and 4/7 Daintrey Crescent,

Randwick NSW 2031

 

·        Floor space is exceeded by 35% and there is no need to have so many small units that will only benefit a greedy developer and will adversely impact upon existing owners, environment, and traffic/parking.

·        Total floor space exceed,

·        The minimum amount of soft landscaping has been provided. The development is designed for profit generation rather than making an aesthetic contribution to the area,

·        Setbacks to boundaries,

·        Impact of proposal on parking problems on Daintrey Crescent,

·        Loss of views (both public and private),

·        Incompatibility with street scape,

·        The proposal will cause overshadowing to neighbours properties and loss of visual and aural privacy,

·        Residents will access the site from Dudley Street and therefore will park on Dudley Street exacerbating the existing poor parking situation.

 

P.J. and J.M Campion,

5 Daintrey Crescent,

Randwick NSW 2031.

 

·        Loss of significant view to ocean which is a recognised part of the heritage of the area,

·        Proposal is unsympathetic to the existing architectural styles on Daintrey Crescent. The proposed development will not harmonise with the present buildings in the street and threatens to be prominent, looming and intrusive,

·        The proposal should be redesigned  to have a more sensitive option that does not result in views loss or poor landscaped areas,

·        The proposal will exacerbate the existing parking problem in Daintrey Street,

 

Di Verolli and Scotton,

Chartered Architects and Interior Designers,

68 Oxford Street,

Woollahra

 

On behalf of the following residents:

 

-         Mr P and Mrs J Champion, No. 5 Daintrey Crescent, Randwick,

-         Mr mark Rohanna, Units 1 and 4, No. 7 Daintrey Crescent, Randwick,

-         Mrs Helen Sava, Units 2 and 3, No. 7 Daintrey Crescent, Randwick,

-         Ms A Xanthis and Mr B Peterson, No. 9 Daintrey Crescent, Randwick,

-         Mr Sam Kutner, No. 10 Daintrey Crescent, Randwick.

 

·        Total overdevelopment – being 35% over the permissible floor space,

·        Proposal requires extensive excavation – the topography and slope will therefore be extensively modified,

·        The extensive excavations will adversely impact upon drainage at the site,

·        Public views and corridors – especially from Daintrey Crescent will be substantially lost,

·        Access requirements will be compromised encouraging on street parking on Daintree Crescent which is already narrow and congested,

·        The 18.505m Dudley Frontage does not comply with the minimum frontage requirement of 20 metres,

·        The height causes adverse impact on neighbouring properties by way of loss of views (both public and private), decreased solar access, increased overshadowing, loss of privacy. The proposal dramatically changes the character of the streetscape and surrounding area,

·        The proposal totally disregards the average setback to Daintrey Crescent and will have a serious impact on the streetscape in terms of bulk and height in close proximity to a narrow street,

·        The proposal does not comply with side setback requirements and will adversely affect the neighbours solar access, overshadowing, privacy and opportunity for landscaping between buildings,

·        The proposal has an excessive FSR, exceeding the Council requirement by 35% which contributes to the excessive bulk and scale, loss of views, loss of solar access, overshadowing, loss of aural and visual privacy, excessive parking, traffic problems, reduced soft landscape area, setback non-compliance, excessive excavation,

·        The SEPP 1 objection should not be supported as it fails to justify the excessive FSR,

·        Very Little area will be available for soft landscaping,

·        Loss of visual and acoustic privacy to neighbours,

·        Overshadowing is excessive and the diagrams should be verified for accuracy,

·        Loss of Public views to Ocean from Daintrey Cres,

·        Severe loss of private views from a variety of properties,

·        Parking and building design creates the problem of new residents wishing to park  on Daintrey Crescent,

·        Tandem parking is proposed but this is not permitted under the Parking DCP,

·        The excessive number of units contributes to the additional parking requirements, additional excavation for the carpark, additional traffic problems and additional demands for on-street parking to both Dudley Street and Daintrey Crescent,

 

Jennifer Pilmer

Secretary

12 Daintrey Strata Committee,

12 Daintrey Crescent

Randwick 2031

 

·        Streetscape impact, height is significantly more than adjacent dwellings,

·         View loss,

·        Loss of property values caused by view loss,

·        Overshadowing,

·        Height should be lowered instead of ground anchoring to adjacent sites,

·        Proposal not consistent with surrounding dwellings in Daintrey Crescent,

·        The main pedestrian entrance is to Daintrey Crescent which will not support visitors and residential parking due to its narrowness and being one-way,

·        The public driveway between 12 Daintrey and the subject site should not be obstructed at any time,

·        Overlooking into 12 Daintrey Crescent from proposed new windows resulting in a loss of privacy.

 

Eddy Ottaviano,

Strata Manager,

(on behalf of 314-2 Dudley Street, Randwick),

Sommerville First National Real Estate

PO Box 11

Ashfield 2131

 

·        Proximity to 2 Dudley Street and large height and scale could undermine adjacent building,

·        Noise and air pollution will affect residents with respiratory difficulty,

·        Increased traffic movement will affect busy Dudley Street,

·        Potential loss of rent due to building work,

·        Size of development will impact services such as sewerage.

 

Helen Savva

2/7 & 3/7 Daintrey Crescent

Randwick NSW 2031

 

·        Floor space exceeded (by over 35%),

·        Minimal soft landscaping,

·        Setbacks to boundaries,

·        Car parking provisions – impacts to Daintrey will be chaotic,

·        Loss of public and private views,

·        Incompatible with streetscape,

·        Overshadowing and total loss of visual and aural privacy,

·        Traffic and parking impacts, particularly to Daintrey Cres which is the main entrance to the building.

 

Paul Chilcott

PO Box 172,

St Pauls NSW 2031

 

·        Significantly exceeds Council’s FSR,

·        Area already intensely developed,

·        No real reasons given in SEPP1 as to why variation in FSR should be allowed,

·        Poor appearance to streetscape (bulky look, akin to a warehouse),

·        More innovative design is required to improve streetscape appearance.

 

Mr Andrew A Tosti

PO Box A640

SYDNEY SOUTH NSW 1235

 

·        FSR exceeded,

·        Height, bulk and scale excessive,

·        Increased traffic and noise,

·        Loss of Views for numbers 7 & 9 Daintrey Crescent.

 

Anne & Brad Peterson

9 Daintrey Crescent

Randwick NSW 2031

 

·        Height of Building,

·        Congestion in area,

·        Incompatible with Streetscape character,

·        View sharing should be controlled,

·        Overshadowing,

·        Loss of privacy,

·        Loss of landscaping,

·        Parking congestion in area due to cinema will be exacerbated.

 

 

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

 

Landscape Comments

 

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

 

1.      One (1) Eucalyptus cinerea (Argyle Apple) located on the nature strip in front of 16 Daintrey Crescent. This tree is approximately 5-7 metres tall and in good health. This tree should be retained and tree protection measures will be required during construction.

 

2.      Two (2) Metrosideros species (New Zealand Christmas Bush) located on the nature strip in front of No.16 Daintrey Crescent. These trees are approximately 3 metres tall and in average to poor health. As such permission should be granted for the removal of these trees, subject to planting two replacements trees.

 

3.      Three (3) Cyathea species (Tree Fern) located within the front yard of No. 14 Daintrey Crescent. These ferns are approximately 1-2 metres tall and in average health. As such permission should be granted for the removal of these ferns.

 

4.      Three (3) Cupressus species (Cypress) located within the front yard of No.4 Dudley Street. These trees are approximately 5-7 metres tall and in average health. As such permission should be granted for the removal of these trees, subject to three replacements (not palms) located within the site.

 

5.      Two (2) Hedyscepe canterburyana (Umbrella Palm) located within the front yard of No. 14 Daintrey Crescent. These palms are approximately 4-5 metres tall and in average health. As such permission should be granted for the removal of these palms, subject to one replacement (not palm) located within the site.

Drainage Comments

 

On site stormwater detention is required for this development.

 

Traffic Comments

 

The average traffic generation for the proposed residential development consisting of 18 residential units will be in the range of 72 to 90 vehicle movements per day.

 

The expected peak flow volume of approximately 9 vehicles per hour is considered low and no delays should be experienced in Dudley Street as a result of this development.

 

7.        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 No. 65 – Design Quality of Residential Flat Development and the Residential Flat Design Code.

-         Randwick Local Environmental Plan 1998,

-         Building Code of Australia,

-         Development Control Plan – Multi-unit Housing.

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2C 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

31 - Landscape Area

50%

50.6% (at least half of this - or 25.5% of total site area - is soft landscaping)

Yes

32 - FSR

0.9:1

1.12:1 (0.92:1 is above ground)

No, SEPP 1 objection submitted

33 - Building Height

12m max height and 10m max external wall height

12m overall max height and 10m max external wall height

Yes

 

Clause 32 – Floor Space Ratio

 

Clause 32 (1) states “The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house, with Zone 2C is 0.9:1”.

 

The proposed development has an FSR of 1.12:1 which exceeds the LEP control by 0.22:1 or 410 sq.m. The FSR of the proposed development above ground level is 0.92:1, which exceeds the LEP control by 0.02:1 or 37 sq.m.

 

The applicant has submitted a State Environmental Planning Policy No. 1 objection to the floor space standard for the following reasons:

 

·        The additional floor space makes for more economic use of the land and meets that objective of the Act;

·        The proposal is consistent with the aims/objectives of the RLEP,

·        The proposal meets the objectives of the Density control and the performance requirement in Clause 3.4.4 of the Multi-Unit Housing DCP, in ensuring that the building bulk is compatible with surrounding built forms and minimizes impact of building bulk on nearby buildings, open spaces and the streetscape. Indeed the proposed design has significantly less impact on the neighbours than the existing buildings presently on the site;

·        The additional floor space does not result in any excessive bulk to the proposed development, but rather utilizes what would otherwise be void space;

·        The subject site is relatively steep and is L shaped (although the cross is wider that the stem is long) and the proposed development is consistent with the environmental capacity of the land;

·        The proposal provides a substantial amount of landscaped area;

·        The proposal provides good and useable private open space for each dwelling unit;

·        The bulk and scale of the proposal does not result in any unreasonable impacts on adjoining properties, and indeed the proposed design and massing opens up vistas for parts of the neighbouring property on the north west corner of the site;

·        The small non-compliance does not result in any significant traffic implications;

·        The extent of non-compliance is small and will not be apparent to any person living in the locality as the additional floor space is located in what would otherwise be a void;

·        The small non-compliance does not raise any matters of state significance;

·        The proposal is one of outstanding design and considered appropriate on merit when assessed in terms of SEPP 65 and under Section 79C of the Environmental Planning and Assessment Act 1979.

 

Whilst the proposed development significantly exceeds the LEP numerical control by 410 sq.m, 373 sq.m of this is located below what is the current ground level. Due to the significant fall in elevation from Daintrey Street to Dudley Street of 9m and to accommodate the car park that is accessed off Dudley Street, a considerable amount of excavation is proposed in the centre of the site and on the Daintrey Crescent side of the site. To provide an appropriate grade in compliance with Council controls, the base of the car park is proposed to be sited 9m below the existing ground level at the Daintrey Crescent side of the site. The main building fronting Daintrey Crescent is sited partly above the carpark and up to 4m of the residential component of this building is proposed to be located below the existing ground level. This area is 373 sq.m and if it were not included as usable floor space it would be left as void and would not result in a reduction in the bulk of the building. The above ground exceedance in numerical floor space proposed is 37sq.m. Strict compliance in the numerical standard would result in the loss of the 373sq.m residential area proposed under the current ground level and the 37 sq.m above the ground level. Manipulation of the building to effect strict compliance with the FSR standard would not necessarily result in a building that would appear any less bulky from either streetscape. The minor above ground exceedance in FSR is not considered significant and removing this area to ensure compliance would not necessarily result in any greater amenity to adjacent neighbours nor would it result in a better design.

 

The proposed design takes advantage of the height limit to maximise views to the east. Such height complies with the maximum requirement in the LEP and is consistent with, but does not dominate, the height of adjacent buildings. Any loss in floor space within the building would not be transferred to a loss in height as the design is focused on accessing views. Rather it would result in a small loss to the floor space within the proposed units, resulting in diminished amenity to the proposed units without any greater benefit to adjacent residents.

 

It is considered that under the circumstances of the case and from the reasons presented in the SEPP 1 objection, the variation in FSR is appropriate and will not result in a significant loss to the amenity enjoyed by adjacent residents.

 

Clause 33 – Building height

 

Under this clause, the following is stipulated with respect to height:

 

(1) The maximum height for a building, other than a dwelling house, within Zone 2C is 12 metres measured vertically from any point on ground level.

 

(4) The maximum height for any external wall of a building, other than a dwelling house, within Zone No 2C is 10 metres measured vertically from any point at ground level.

 

The proposed development has a maximum height of 12m above existing ground level and a maximum external wall height of approximately 10m above existing ground level. The height of the proposed building to Dudley Street is 9m above the existing ground level and to Daintrey Crescent 7 to 10m above existing ground level (however only 5 to 8 metres or 2.5 storeys is visible from road level).

 

The adjacent building to the south of the site fronting Daintrey Crescent is a four storey multi-unit housing development and adjacent to the north is a two storey residence. The height of the proposed development steps evenly between the height of the two adjacent buildings. The southern side of the proposed development is 5m to 9m lower than the adjacent multi-unit housing building to the south. The northern side of the proposed development is 2.5m higher than the adjacent dwelling to the north. Therefore the height of the proposed development acts as a transition in height between its two adjacent neighbours on Daintrey Crescent. It is considered that this height is not excessive and not out of scale with adjacent buildings and performs a reasonable solution in terms of marrying the height of the two adjacent buildings.

 

The adjacent building to the north of the site on Dudley Street is a four storey Multi-Unit housing development that will be 2m lower than the northern edge of the proposed development. The adjacent three storey dwelling to the south on Dudley Street will be 1.2m lower than the southern edge of the proposed development. Whilst the proposed development will be slightly higher than its adjacent neighbour to the north, it is not out of context with the generally very high buildings in Dudley Street which are three to five storeys.

 

Overall, the height of the proposed development is not considered excessive and is generally consistent with adjacent buildings. The height of the proposal will not appear out of scale with other development in the area and is therefore considered appropriate.

 

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

 

The applicant has submitted the following information with respect to the principles of SEPP 65:

 

Principle 1: Context

 

The subject site is located in an area, which has been zoned to allow for multi-unit housing and apart from the dwelling at the southeast corner of the site is otherwise surrounded by multi unit housing in the form of Residential Flat Buildings. The proposed design solution is related to all aspects of the current context and is in line with the desired future character and identity of the locale. The proposed design implements the current planning policies.

 

Principle 2:  Scale

 

The proposed design solution is appropriate in bulk and scale since it complies with setbacks and falls within the Council’s building envelope. It does however exceed the Council’s floor space ratio for the site, but this has been achieved by utilizing the slope of the site and excavation to include more building area within the envelope.

 

Principle 3: Built Form

 

The proposed design blends into the existing building form in the area. The building alignment, proportions, and building type fits well into the pattern of existing development and confirms the existing definition of public domain and streetscape. The existing vistas, internal amenity and outlook are complemented by the design, building separation and setbacks.

 

Principle 4: Density

 

The proposed density in terms of the proposed Floor Space Ratio is greater than allowable under the current planning policies, but is consistent with the performance requirement of the Randwick Multi Unit Housing DCP. This performance requirement is that “building bulk is compatible with surrounding built form and minimizes impact of building bulk on nearby buildings, open spaces and the streetscape.

 

Principle 5: Resources, energy and water efficiency

 

The passive solar design principles are implemented to the extent where the majority of the units are provided with access to the northeastern sunlight. The solar access to the main habitable rooms is carefully considered, given the shape and orientation and fall of the land. The energy consultant has estimated that all of the units achieve a Nathers rating of between 3.5 stars and 4.5 stars.

 

Principle 6:  Landscape

 

In the proposed design solution, the landscape is an integral part of the architectural design. The landscape design aims at improving the amenities of the occupants and achieve a clear definition between various parties areas of private open space and the public space  which is heavily planted. The design builds on the existing natural elements and topography and contributes positively to the contextual character of the development and the area.

 

Principle 7: Amenity

 

The shape and the size of the rooms in the proposed development allow for appropriate use of such rooms. Internal circulation and alternative possibilities to furnish such spaces are carefully considered. The visual and acoustic privacy within the proposed development and its relationship with the surrounding residential units have also been carefully considered.

 

Principle 8:  Safety and security

 

The proposed design provides adequate means to overlook the private spaces and the public domain. The main entries to the development are directly located from the street. The public access areas are overlooked and well to ensure the safety of the residents and their visitors.

 

Principle 9: Social dimension

 

The internal layout and the size of the units and the fixed furnishings and inclusions respond to the requirements of the market in the Coogee area. The construction cost and the price of the end product is carefully balanced against the size of the units and the provision of the ancillary items. The mix of units is achieved through providing a variety of number of bedrooms, unit sizes with a range of private open space provisions over various levels, outlooks and orientations.

 

Principle 10: Aesthetics

 

Through the use of contemporary architectural style and balancing the composition of building elements, finishes and materials, the proposed development complies with the requirements of this design principle.

 

SEPP 65 Design Panel.

 

The proposed development was referred to Council’s SEPP 65 Design Panel on 2 June 2003.

 

The Panel offered the following comments:

 

1. Context

 

Satisfactory

 

2.        Scale

 

Satisfactory

 

3.        Built Form

 

It was considered that the floor space for units on level 9 & 10 could be slightly modified for better functioning in relation to the terraces. The overall built form is considered satisfactory.

 

4.        Density

 

Although the building is over the FSR it is understood it complies with the height. The committee considers the proposal does not appear to have excessive impact and is satisfactory.

 

5.        Resource, Energy, Water Efficiency

 

Satisfactory

 

6.        Landscape

 

Deep soil planting – taller trees to edge have deep soil planting.

 

Require more detail on larger trees on northern corner of the site.

 

Deeper planting required on NE face of car park 2 – need to extend out 2.5m

 

Requires 13.50 overall depth

 

Generally the plan must ensure the optimum conditions for medium height planting where possible.

 

7.        Amenity

 

Generally Satisfactory.

Concern was expressed about apartment 8.1 with regard to its length and its all-western orientation. It was suggested that the floor plan could change to provide better internal amenity to this unit.

 

8.        Safety & Security

 

Satisfactory

 

9.        Social Dimensions

 

Satisfactory

 

10.    Aesthetics

 

Well resolved – commendable

 

Conclusion

 

The Panel consider this application to be well designed and is a commendable aesthetic quality. Subject to some consideration to the west-facing apartment on the lower floor and further consideration being given to the soil depths for landscaping the Committee consider that the application should now progress to Council.

 

The views of the panel were referred to the applicant and minor amendments were made to satisfy the minor issues raised. Overall the proposed development is considered to be consistent with the principles of SEPP 65. The high quality landscaping, modulation of the building, split level apartments and overall contemporary design and materials form a building which is highly compatible with the principles of SEPP 65. The internal amenity to the apartments is of extremely high quality with most apartments receiving good cross ventilation, extensive solar access and views, large open space areas and ample off street parking. The proposed development provides a high degree of surveillance to the street and front entrances are clearly visible. The height, bulk and scale are consistent with adjacent development and the facades will introduce a contemporary design that will not be out of context with the existing streetscape. The proposed development is therefore supported and is considered consistent with the principles of SEPP 65.

 

7.1    Policy Controls

a.    Development Control Plan - Multi Unit Housing (DCP)

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements of performance solutions)

 

 

BUILDING SETBACKS

 

Front  boundary setbacks

P1        The front setback consistent  with streetscape/adjoining dwelling.

Side boundary setbacks

P2        Ensure that:

·          solar access is maintained and overshadowing minimised.

·          privacy between neighbouring dwellings and their own spaces provided.

·          Landscaping and private open space provided.

·          Streetscape amenity is maintained.

 

 

 

 

 

 

 

 

 

Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres. 

Maximum length of wall section is 10 metres.

Minimum length of any step is 3 metres.

 

 

 

 

 

 

 

 

 

 

Average setback to Daintrey Cres building is 4m (north side) to 4.5m (south side). Minimum is 3.5m. No part of wall length greater than 10m.

 

Average setback of Dudley Street building is 2.5m (north side) and 3.5m (south side). No part of wall length greater than 10m. Setbacks are greater than for existing building.

 

 
Rear Boundary Setback

P3        Ensure that:

·          solar access and overshadowing minimised.

·          Privacy between neighbouring dwellings and their open spaces provided.

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

·          Building built across site.

 

 

 

Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length any wall section 10 metres. Minimum length of any step is 3 metres.

 

 

 

The Daintrey Cres building has a rear setback of 17m to No. 2 Dudley Street. This complies with Council requirements and is landscaped to provide a good visual and acoustic buffer between the buildings.

 

 

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Complies – refer to previous section.

 

FENCES

 

P1  

·          Front fences consistent  with  streetscape.

·          Entrances highlighted.

·          Planting used to soften and provide privacy.

 

S1 Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

 

1m high palisade fence to Daintrey Crescent – complies. 1.6m to 2.4m high wall with a 1m high palisade fence on top to Dudley Street.

 

LANDSCAPING AND PRIVATE OPEN SPACE

 

Landscaped Areas

P1 Sufficient size allow recreational activities and substantial vegetation.

 

 

S1  Minimum dimension for landscaped area 2 metres.

 

 

Complies

 

 

P2        Landscaped areas around flat buildings be undivided

communal open space.

 

 

Complies

 

 

Private Open Space

General

P3   

·          Provides privacy.

·          is accessible from main living areas.

 

P4 In front of the building only  where setback and fence design sympathetic.

 

 

 

 

Complies

 

 

 

 

Complies

 

 

 

Flats and apartments

 

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

 

 

 

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

 

 

 

 

Does not comply with minimum area, one unit has 6 sq.m only. Refer to Landscaping section below.

 

PRIVACY

 
Visual Privacy

 

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

 

 

 

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

 

 

 

Complies.

 

P2 Private open space design and location ensure privacy.

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

VIEW SHARING

 

 
Acoustic Privacy

 

P3 Building layout and design minimises noise transmission.

“Quiet areas” separate noise generating activities.

 

P4 Building construction minimises transmission of noise.

 

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

 

 

 

 

S4 Walls and floors insulation and sound consistent with

Building Code of Australia.

 

 

 

 

Complies, conditions can be imposed to ensure compliance.

 

 

 

 

Complies

 

 

 

The proposal will result in view loss from Daintrey Crescent itself and from the lower levels of buildings fronting Daintrey Crescent. This is discussed further below.

 

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

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

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

P1.2 Living areas of neighbours sunlight less than 3 hours per day.

P1.3 At least 50% of the principal landscaped areas of neighbours have sunlight less than 3 hours per day.

* If less than this is available the new development is not to reduce this further.

 

 

 

 

Complies

 

 

 

 

Complies

 

 

 

Complies

 

 

Complies

 

 

Building Layout, Design and Construction

 

P4 Protect from prevailing strong winds and adverse weather.

·          Living areas are orientated to       the north.

·          Larger windows are located on the north.

 

 

 

 

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

No dwelling achieves less than 3 stars.

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

 

Note:

Central ducted heating/cooling system requires  a  minimum of 4.5 stars Nat HERS rating.

 

 

 

 

 

Complies, all units achieve a minimum 3.5 star rating and many achieve higher than this.

 

 

P5   Roof design and orientation suitable for solar collectors.

 

S5  Solar collector roof area  to face 45 degrees east and 45 degrees west of north, and slope between 15 and 55 degrees to the horizontal.

 

Complies

 

 

SAFETY AND SECURITY

 

P1 Design allows surveillance. P2 Approaches and entries are visible.

P3 High walls and structures avoided.

P4 Resident car parking has security grilles or doors.

P5 Visitor parking spaces clearly identifiable.

P6 Adequate lighting for personal safety and security provided.

P7 External lighting not intrusive.

 

 

Complies

 

Complies

 

Front fence on Dudley Street has a high wall however this is due to the natural steep slope in land.

 

 

Complies

 

Complies

 

 

Complies

 

 

 

PARKING

 

 

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

 

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

 

P3 Secure storage for bicycles are provided.

 

 

 

Complies

 

 

 

Complies

 

 

 

 

 

 

Complies.

 

 

Note:  The parking requirements are set in Randwick Parking DCP. The requirements are:

 

studio apartment*

1 space per two studios

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling
dwelling
                              

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25 Residential spaces required

(7 x 2 bedroom units = 7 x 1.2 spaces per dwelling = 8.4 spaces. 11 x 3 bedroom units = 16.5 spaces).

29 Residential spaces provided.

The proposal therefore complies with parking requirement.

 

 

 

 

Visitor parking is 1 space  per 4 dwellings.

 

 

4.5 spaces required for 18 units proposed. 5 spaces are provided therefore the development complies with the parking requirement.

 

DRIVEWAYS AND MANOUVERING AREAS

 

P1 Driveways and manoeuvring areas minimised.

 

 

Complies

 

 

P2 Vehicles enter/ leave in a forward direction.

 

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

 

Complies

 

 

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

 

S3  Long driveways provide passing bays.

 

Complies

 

 

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

 

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

 

Complies

 

 

P5 Materials and finishes consistent.

 

S5  Large expanses of uncoloured concrete avoided.

 

Complies

 

 

P6  Driveway gradients safe.

 

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5  for ramps over 20m (see Parking DCP).

 

Complies

 

STORAGE

 

P1 Accessible and separate storage for each dwelling.

 

S1  10m2  of storage space is provided for each dwelling. Minimum clearance height of 2.1 metres.

 

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

 

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

 

 

Complies

 

 

 

 

 

Storage areas provided in carpark only.

 

 

 

 

 

 

 

Complies

 

BARRIER-FREE ACCESS

 

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

 

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

 

Complies

 

 

P2  Dwelling requirements are: 

 

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3  and so on.

 

The requirements of AS 1428.1 and AS 4299 are  to be considered.

 

 

1 barrier free unit provided to the development in accordance with AS requirements.

 

 

P3  Dwellings for people with a disability have corresponding parking space.

 

 

Complies.

 

 

 

P4  Passenger lifts provide access for people with a disability to common and parking areas.

 

 

Lift provides access to all units and the carpark.

 

WASTE MINIMISATION AND MANAGEMENT

 

P1 Waste collection and separation facilities are  provided.

 

S1  Storage cupboard in each kitchen  of sufficient size to enable separation of recyclable material.

Holding at least a single day’s waste.

Landscaped areas provide composting.

 

Complies

 

 

P2  Garbage and recycling containers in centralised garbage/ recycling room accessible to garbage compactors  where bins can be easily wheeled for collection. Facilities to meet the needs of the dwellings and the garbage /recycling collection service.

 

 

Complies

 

 

P3  Collection  facilities  complement design of t and is not obtrusive.

 

S3  Waste facilities not to  be located between the front alignment of the building and the road.

 

Complies

 

Building Setbacks

 

The preferred solutions for side setbacks under the DCP require an average setback of 5m from any side boundary, that no part of the building is closer than 3.5m from any side boundary and that the maximum length of any one section of wall is 10 metres.

 

The average side setback for the building fronting Daintrey Crescent building is 4m to 4.5m with a minimum of 3.5m and no part of the wall length is greater than 10m.

The side setback for the proposed building fronting Daintrey Crescent is therefore not consistent with the preferred solution of an average 5m side setback. The side setback of this building varies between 3.5m and 6m and the separation distance between it and adjacent buildings to the north and south varies between 5m and 8m. The existing building has an average side setback of 1.5m with a minimum setback between 1m and 1.5m. The proposed development therefore increases the side setback by between 2.5m and 4m and increases the average setback by 2.5m. This increase in setbacks allows greater ventilation and solar access between buildings and provides greater opportunities for landscaping between buildings. Whilst the setback for the proposed building fronting Daintrey Crescent marginally falls short of the preferred solution, the proposal is a vast improvement on the existing situation and greatly improves amenity within the site and to adjacent buildings.

 

The minimum side setback for the proposed building fronting Dudley Street is between 2m and 3m with an average side setback of 2.5m and 3.5m. The separation distance between the proposed development and the adjacent buildings to the north and south is 5m. The existing building has a minimum side setback of between 1.2m and 1.6m and a minimum separation distance between the adjacent buildings to the north and south of between 2.8m and 3.2m. The proposed development will therefore result in an increased minimum side setback of between 0.8m and 1.4m above the existing setback and will result in an increased minimum separation between adjacent buildings of between 1.8m and 2.2m. No part of the proposed walls have a length greater than 10m. The proposed setbacks are therefore considerably greater than those existing and improve amenity in terms of solar access, ventilation and in providing greater landscape opportunities.

 

It is considered that the proposed setbacks, whilst they don’t strictly comply with the preferred solutions, are a vast improvement on the existing situation and will improve amenity within the site and to adjacent sites. The proposal is therefore consistent with the performance requirements.

 

The proposed side setbacks are also generally greater than the side setbacks of other buildings in both streets and as such provide greater amenity than currently exists in the area.

 

The front setback of the proposed development to both street frontages is consistent with the alignment of adjacent buildings and varies between 5m and 5.7m.

 

Fences

 

The performance requirements of the DCP state that fences integrate with the streetscape, complement the architectural design of locality, highlight the entrance to a site and are softened by planting (that also provides privacy). The preferred solution to achieve this is a solid front fence no higher than 1.2m or a 1.8m high fence that has openings that make it at least 50% transparent.

 

A 1m high palisade fence is proposed to the Daintrey Street frontage and landscaping is proposed fronting the fence. The fence provides an adequate delineation between Council property and the subject site as well as providing a physical barrier to prevent access but at the same time is low enough to enhance surveillance between the street and the property which in turn improves public safety and security. The proposed fence will integrate with the streetscape  which is typified by low level fencing in a variety of forms. The proposed fence at the Daintrey Street level complies with the performance requirements and the preferred solutions.

 

The fencing to Dudley Street consists of a 1.6m to 2.4m high decorative retaining wall with a 1m high palisade fence on top. The retaining wall is provided due to the steep and immediate rise in land height away from Dudley Street. Whilst the height of the wall is not consistent with fencing height provisions, the variation is considered appropriate given the steep rise in land and that the proposal is consistent with other retaining walls in the streetscape. The proposed fencing allows clear highlighting of the main entrance to the site by using different materials for the retaining wall and the entrance, and the landscaping and variety of materials used to the Dudley Street fencing provides an improved visual amenity that blends in with the streetscape.

 

Landscaping & Private Open Space

 

The performance requirements provide that landscaped areas are to be of a sufficient size to enable recreational activities or grow substantial vegetation and that landscaped areas are to be treated as communal space for all residents.

 

The proposal provides wide areas of landscaping along the southern, northern and eastern boundaries of the site. These areas are proposed to be heavily landscaped with a wide variety of species and are to be communal space. The communal landscaped areas are not intended for recreational activities and purely perform the role of a visual and acoustic buffer between properties.

 

With regard to private open space, the performance requirements are that such spaces provide privacy for users, are readily accessible from main living areas, provide outdoor recreation and living opportunities (e.g. dining, sitting, gardening, etc) and each dwelling has its own courtyard, balcony, deck or roof garden. The preferred solution is for a minimum 8 sq.m area to each apartment with a minimum dimension of 2 metres.

 

Each unit in the proposal is provided with a private open space attached to the living area in the form of a balcony, deck, courtyard or terrace and all are generally at least 8 sqm and comply with the minimum depth of 2m. Unit 8.1 is the only unit that falls short of the minimum 8 sq.m requirement for open space areas and it provides 6sq.m. It is considered that this unit can be slightly enlarged without causing any adverse privacy impact to adjacent neighbours as it faces Daintrey Crescent and is not capable of creating overlooking opportunities to adjacent private areas by way of its position fronting the street. A condition shall be imposed requiring that the balcony be enlarged. Overall, these proposed units provide a great deal of useability and comfort for residents in terms of open space and are consistent with the preferred solutions and performance requirements.

 

Privacy

 

The preferred solutions with respect to privacy are to offset, angle or screen windows where there is a horizontal separation of 10m.

 

The proposed building has been designed with minimal windows to side boundaries. The Dudley Street building has a few bedroom windows on the upper levels that face the building to the south. These windows will overlook roof space and will not impact upon the adjacent neighbours privacy. There are a large number of east facing balconies to the Daintrey Street building that face the multi-unit housing development to the east. There is a considerable separation distance between these balconies and the adjacent rear boundary of the site to the east of 16m. The area in-between is proposed to be heavily landscaped and this provides a vegetative screen that provides privacy and an aesthetic barrier between the properties. Overall the proposed development will not result in a loss of privacy to adjacent residents.

 

View Sharing

 

The performance requirements in the DCP require that development minimises effects on views and demonstrates steps that have been taken to mitigate view loss, in particular view loss of significant features such as the ocean, coastline, nearby open space areas and significant landmarks or buildings.

 

The proposed development will result in a loss of the view to the east/northeast of  the hills, suburbs and ocean view from Daintrey Street and from the ground floor of buildings to the west across Daintrey Street (directly opposite the site). From the first floor of the same buildings, the view is preserved albeit decreased. The suburbs, hills and ocean will still be partly visible from this level. It is important to note that the proposed development at the Daintrey Street level readily complies with Council’s height restriction and sits lower than the adjacent building to the south. Whilst some views will be lost as a result of the proposal, other views are maintained and new views are created to the new apartments. It is considered that the proposal does not selfishly take away views and is consistent with performance requirements of the DCP in relation to view sharing.

 

Solar Access and Energy Efficiency

 

The preferred solutions with respect to energy efficiency require that 75% of new dwellings achieve a 3.5 star NatHERS rating and that no dwelling receives less than 3 stars. All of the units achieve a minimum 3.5 star energy efficiency rating with many achieving 4 and 4.5 stars. To further improve the energy efficiency of the building, ESD conditions will be imposed with respect to wall and roof insulation, hot water systems and water consumption.

 

Shadow diagrams submitted with the application show that the adjacent properties on the southern side will be affected by additional overshadowing at 3pm during the winter solstice. Additional overshadowing will affect the open space area between the two buildings to the south and to the open space fronting Dudley Street and will affect the north facing walls of the lower level windows of both buildings by 3pm. The impact of overshadowing from the proposed development to the adjacent southern properties at 9am and midday is similar to that for the existing buildings. The proposed development complies with Council’s performance requirements of maintaining 3 hours of sunlight to adjacent dwellings and open spaces throughout the year.

 

Parking

 

Performance requirements with respect to car parking under the DCP – Parking include that garages and parking structures do not dominate the street frontage, parking spaces for people with disabilities are considered, accessible, safe and secure storage facilities for bikes are provided and that parking is provided at the following rates:

 

·        studio apartment – 1 space per two studios,

·        1 bedroom dwelling – 1 space per dwelling,

·        2 bedroom dwelling – 1.2 spaces per dwelling,

·        3 or more bedrooms – 1.5 spaces per dwelling.

·        Visitors – 1 space per 4 dwellings.

 

The proposed aluminium grille garage door to Dudley Street is approximately 6m wide and absorbs 32% of the Dudley Street frontage. The garage entrance therefore will not dominate the Dudley Street frontage and is not inconsistent with other double entrances to car parks in Dudley Street. A disabled parking space is provided within the proposed car park for the users of the barrier free unit. Two bicycle storage areas capable of housing 8 bikes are provided on the first level car park.

 

The proposed development contains 7 x 2 bedroom apartments and 11 x 3 bedroom apartments that generate a requirement of 25 residential parking spaces and 5 visitors spaces.

 

It is proposed to provide 34 car parking spaces to the development of which 5 spaces are for visitors and 29 are for residents. Some residential units are provided for with two car parking spaces that are in a stacked arrangement. The proposed development provides more than adequate car parking in compliance with the DCP requirements and the access to the car park off Dudley Street is preferred over Daintrey Crescent.

 

Dudley Street is a wide thoroughfare that is frequently used and is capable of moving more traffic than Daintrey Crescent. Dudley Street provides access to through traffic and local residences and it acts as a link between several roads in the area including Coogee Bay Rd, Arden Street, Brook Street, and Mount Street. Daintrey Crescent is a narrow road used mainly for residential access to dwellings and flats along it. Accordingly the proposed Dudley Street access is preferred in terms of reducing traffic impacts to Daintrey Crescent.

 

Council’s Assets and Infrastructure section has advised that the average traffic generation for the proposed development will be 72 to 90 vehicle movements along Dudley Street per day. The expected peak flow volume of approximately 9 vehicles per hour is considered low and no delays should be experienced  in Dudley Street as a result of this development.

 

Objectors have raised concerns that the proposed development will result in an increased impact to the already tight off-street parking situation in Daintrey Crescent. This is argued on the basis that the pedestrian entrance to the largest building (ie the building fronting Daintrey Crescent) is off Daintrey Crescent and visitors will park on the street rather than accessing the car park. It is considered appropriate to have a pedestrian entrance to this building off Daintrey Crescent purely because it improves the accessibility of the site. It should be noted that there are two pedestrian entrances to the site – one at Dudley Street and one at Daintrey Crescent - and both of these entrances are accessible to both buildings. The proposed car park provides adequate visitors space in compliance with the DCP to accommodate the demand for space by visitors. As mentioned previously, it is undesirable having an access off Daintrey Crescent to the proposed car park due to the residential nature of the road, its narrowness and low carrying capacity. Further, the construction of a driveway off Daintrey Crescent into the proposed basement car park for vehicles would be difficult due to the steep gradient and would require additional space. There is no evidence that suggests or proves that visitors to the proposed development would park in Daintrey Crescent instead of the proposed car park. As mentioned in the objections, it is already difficult to find parking on Daintrey Crescent and this in itself would deter visitors from using it for access when they can easily access both buildings from within the visitors car parking area.

 

The proposed car parking arrangement is therefore consistent with the performance requirements of the DCP and is supported.

 

Storage

 

The DCP requires that developments provide readily accessible and separately contained storage areas for each dwelling. This is achieved by providing 10 sq.m of storage space for each dwelling with a minimum clearance height of 2.1 metres and 50% of this is to be within the dwelling near the hallway or living room. Storage areas can also be provided in basement or subfloor areas.

 

The proposed development provides a separate storage area to each apartment within the basement car park and most of these have an approximate area of 10 sq.m and a clearance height of 2.9m. One of the storage areas is 6 sq.m and another is 7 sq.m which falls slightly short of the 10 sq.m preferred solution. Whilst these storage areas contain a considerable shortfall, the increased clearance height enables greater capacity then the required minimum height of 2.1m and overall these storage areas provide an adequate area for the storage requirements of the units.

 

Barrier Free Access

 

New development is required to provide access for people with special access needs. This includes access to public foyer areas, parking areas and landscaped areas and access to a dwelling is to be provided for these people on the following rates:

 

* 0 – 14 dwellings        0,

* 15 – 29 dwellings      1,

* 30 – 44 dwellings      2,

* 45 – 60 dwellings      3 and so on.

 

The proposal provides one special needs unit in the Daintrey Crescent building that has its own disabled parking space and is wheel chair accessible from the both streets, the car park and to all other units in the building and the various, foyers, lift lobbies and the garbage storage area. The proposed development complies with Council’s requirements with respect to barrier free access.

 

Waste Management

 

The preferred solutions of the DCP are that a kitchen in each dwelling has a waste storage cupboard sufficient to enable separation of recyclable material. Facilities are capable of holding a single days waste and allow for source separating of garbage, recyclable and compostible material. Design of landscaped areas makes provision for on-site composting. Waste facilities should not be located between the front alignment of the building and the road.

 

A garbage/recycle area is located at the Dudley Street level adjacent to the carpark. The areas is accessible to all residents and to Dudley Street and is designed for 10 x 240l recycle bins and 20 x 240l garbage bins. Sufficient area is available within the proposed kitchens for waste storage as required by the DCP.

 

8.        ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. The assessment of the various requirements of the Multi Unit Housing DCP above has revealed that the proposed development is one of high environmental integrity with a contemporary design that results in minimal adverse amenity impacts to adjacent neighbours and is consistent with the scale, context and streetscape surrounding it.

 

8.1     Issues raised in Submissions

 

Issues raised by objectors which have not already been addressed in the body of the assessment above are as follows:

 

·        Noise and air pollution will affect neighbours.

 

Comment:  Conditions will be imposed with respect to noise and air pollution during the construction phase to ensure that the developer complies with environmental regulations and does not affect the amenity of the neighbours.

 

·        Loss of rent due to building work and loss of overall property value.

 

Comment: There is no evidence available that suggests that the construction of the proposed building will result in rental losses or devaluation of properties.

 

·        The development will impact upon the sewer services.

 

Comment:  Council is aware that several services run along various sections of the site. It will be the developers responsibility to ensure that these services are maintained during their relocation. Suitable conditions are included in the recommendation.

 

·        Impact of proposed development on drainage and topography.

 

Comment:  The proposed development will drain to Dudley Street and conditions will be imposed to ensure compliance with relevant standards and regulations. The topography of the site will be slightly altered by excavation. This alteration will not be visible from either street and excavation is common practice to facilitate new buildings sited on heavily sloping land, as is the case in this situation. Suitable conditions are included in the recommendation with respect to excavation and impact to adjacent properties.

 

9.        CONCLUSION

 

The proposed development generally complies with Council’s assessment criteria however it exceeds the numerical floor space ratio requirement. Whilst the building exceeds the floor space ratio, most of this is on excavated ground and the proposal complies with the height controls. The proposal has a consistent height and bulk with surrounding development and will not be out of scale or context with adjacent development or the streetscape. The proposal results in minor additional overshadowing in the afternoon during the winter solstice to the adjacent southern buildings and there are no overlooking issues with the proposal. The proposal provides a contemporary building to the site that contains spacious units with good orientation, cross ventilation, solar access and open spaces. The car park and access to it from Dudley Street is supported and the impact to traffic and parking on local streets will be minimal. The overall impact to the amenity of adjacent residents will be minor. The proposed development is therefore supported subject to conditions.

 

RECOMMENDATION:

 

A.            THAT Council assume the concurrence of the Director of the Department of Infrastructure Planning and Natural Resources to vary the provisions of Clause 32  of the Randwick Local Environmental Plan 1998 (as amended) relating to Floor Space Ratio under State Environmental Planning Policy No. 1.

 

B.            THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 03/00197/GE for Demolition of existing buildings on site and erection of a multi unit residential development containing 18 units and 34 carparking spaces at 14 - 16 Daintrey Crescent and 4 Dudley Street, Randwick subject to the following conditions:-

 

1.                  The development must be implemented substantially in accordance with the plans numbered DA-01 issue A, DA-03 issue A, DA-05 issue A, DA-06 issue A, and DA-08 issue A to DA 11 issue A, dated 23.04.2002 and received by Council on 12 March 2003, DA-00 issue B, dated 02.09.2003 and received by Council on 10 September 2003, DA-02 issue B dated 02.09.2003 and received by Council on 10 September 2003, DA-04 issue C dated 09.09.2003 and received by Council on 10 September 2003, and DA-07 issue B dated 02.09.2003 and received by Council on 10 September 2003, LA01 issue B received by Council 12 March 2003, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.                  The colours, materials and finishes of the external surfaces to the building shall be in accordance with the external finishes board prepared by Allen Jack & Cottier and dated April 2002.

 

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

 

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

 

5.                  The balcony to the disabled unit no. 8.1 is to be expanded to have a minimum area of at least 8 sq.m.

 

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

 

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

 

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

 

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

 

8.                  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.

 

9.                  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.

 

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

 

11.              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.

 

The following condition/s are 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               $ 37,138.16

b)       for the provision or improvement of community facilities   $ 16,421.00

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

 

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

 

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

 

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

 

15.              A report prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development, certifying that noise and vibration emissions from the development will comply with the provisions of the Protection of the Environment Operations Act 1997 and relevant conditions of approval.

 

16.              A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, certifying that noise and vibration emissions from the development comply with the provisions of the Protection of the Environment Operations Act 1997 and conditions of Council’s approval.

 

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

 

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

 

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

 

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

 

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

 

20.              The location and height of the discharge of mechanical ventilation systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be provided in the relevant plans / specifications for the construction certificate.

 

21.              Pollution control devices shall be installed and maintained to ensure there will be no water borne pollutants discharging or are likely to discharge into any natural water course or the stormwater or sewerage drainage systems.

 

Full details of the proposed pollution control devices to be installed are to be submitted to and approved by Council’s Director of Planning and Environment in accordance with Section 80 A(2)  of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued 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:

 

22.              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.

 

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.

 

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.

 

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

 

24.              Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

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

 

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

 

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

 

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

 

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

 

a.       all of the premises adjoining the subject site

 

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

 

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

 

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

 

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

 

30.              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.

 

31.              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.

 

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

 

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

 

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

 

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

 

·    Sediment control measures.

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

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

 

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

 

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

 

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

 

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

 

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

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

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

 

36.              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.

 

37.              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.

 

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

 

a)                  car parking and vehicular access

b)                  landscaping

c)                  stormwater drainage

 

39.              A coloured works-as-executed fire services plan is to be submitted to the Council prior to occupation of the development, detailing the location of the essential fire safety measures installed within the building premises.

 

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

 

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

 

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

 

 (c)       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.

 

41.              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.

 

42.              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.

 

A report prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to the commencement of any excavation or building works, certifying that noise and vibration emissions from the construction of the development will comply with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of this approval.

 

43.              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.

 

44.              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.

 

45.              A report prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council upon commencement of works, certifying that noise and vibration emissions from the construction of the development complies with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of approval.  In support of the above it is necessary to submit all relevant readings and calculations made.

 

Should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council.

 

46.              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.

 

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

 

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

 

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

 

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

 

49.              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.

 

50.              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”.

 

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

 

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

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction;

·    provisions for public safety;

·    dust control measures;

·    site access location and construction

·    details of methods of disposal of demolition materials;

·    protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/bulk bins;

·    details of proposed sediment and erosion control measures;

·    construction noise and vibration management.

 

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

 

52.              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.

 

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

 

A soil and water management plan (SWMP) must be submitted to and approved by the principal certifying authority and implemented prior to the commencement of any site works or activities.

 

The soil and water management plan must contain a site plan, detailing:

 

·    the slope of the land

·    site access points and access control measures

·    location and type of all sediment control measures

·    location of existing vegetation, to be retained

·    material stockpile or storage areas and methods of sediment control

·    location of existing and proposed drainage systems

·    proposed disposal of site water

·    location of building operations and equipment

·    proposed re-vegetation details

 

All soil and water management measures must be maintained at all times throughout demolition, excavation, building and site works and a copy of the soil and water management plan is to be kept on-site and be made available to Council officers upon request.

 

54.              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.

 

55.              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.

 

56.              If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

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

 

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

 

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

 

58.              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.

 

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

 

60.              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.

 

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

 

61.              Access, facilities and car parking for people with disabilities must be provided in accordance with Council’s development control plan for multi-unit housing and in accordance with the relevant provisions of Part D3 of the Building Code of Australia and AS1428.1, AS4299 and 2890.1. Details of the proposed access, facilities and carparking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

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

 

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

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

·    Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

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

 

65.              Hazardous dust must not be allowed to escape from the site.  The use of fine mesh dust proof screens or other relevant measures is recommended.  Any existing accumulations of dust (eg, ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter.  All dusty surfaces and dust created from work is to be suppressed by a fine water spray.  Water must not be allowed to enter the street and stormwater systems.  Demolition is not to be performed during high winds, which may cause dust to spread beyond site boundaries.

 

66.              Following demolition activities, soil must be tested by a person of suitable expertise, to ensure the soil lead levels are below acceptable health criteria for residential areas.  Full certification is to be furnished to Council and the Principal Certifying Authority prior to final inspection.

 

Security Deposit Conditions

 

67       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)         $5000.00         -           Vehicular crossing deposit

 

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

 

Traffic conditions/Civil Works Conditions

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

 

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

 

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

 

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

 

c)      Re-construct kerb and gutter for the Dudley Street frontage except opposite the vehicular entrance and exit points.

 

d)      Carry out a full depth, minimum 1.00 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

e)      Reconstruct a concrete footpath along the Dudley Street frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

f)        Re-construct kerb and gutter with associated roadworks for the Daintrey Crescent frontage as well as footpath and step reconstruction and possible retaining walls and landscaping to Asset and Infrastructure Dept’s requirements.

 

69                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.

 

70                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.

 

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

 

72                The driveway opening at the Dudley Street frontage must be located at least 1.2 metres clear of the side property.

 

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

 

Alignment Level Conditions

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

 

74                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:

 

Dudley Street Frontage –      Match the existing Council footpath levels at all points along the full site frontage.

 

Daintrey Crescent Frontage – The pedestrian gate entrance is to be 150mm above the existing asphalt footpath/driveway at this location.

 

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

 

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

 

76                            The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1,485.00 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

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

 

77                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.

 

78                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.

 

79                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.

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the issuing of an occupation certificate or prior to receiving strata subdivision approval.

 

Drainage Conditions

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

 

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

 

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

 

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

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

84                All site stormwater leaving the site must be discharged by gravity to the kerb and gutter or drainage system at the front of the property.

 

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

 

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8.                  Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2-hour storm assuming both pumps are not working.

 

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

 

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

 

a)         location

b)         pipe diameter

c)         gradient

d)         pipe material ie PVC or EW etc

e)         orifice size (if applicable)

 

93                A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system

 

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

 

 

 

 

 

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

 

 

 

 

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

 

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

 

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

 

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

 

96                Two covered car washing bays shall be provided for this development.

 

a)         The car washing bays must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

b)         The car washing bays must be located outside any required/approved stormwater detention system and must be suitably signposted.

 

c)                  The car washing bays must be constructed with a minimum 20mm bund around the perimeter of the car washing bay/s (or equivalent)

 

A water tap shall be located adjacent to the car washing bays.

 

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

 

98            As the above site may be present within a fluctuating water table the basement carpark  or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofed has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

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

 

Waste Management Conditions

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

 

99                The garbage room areas will have to be designed so as to be able to contain a total of 18 x 240 litre bins (9 garbage bins & 9 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.

 

100            The garbage storage areas are to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

Landscape Conditions

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

 

101            The landscaped areas shown on the plan number LA01 B, dated 02-04-2002 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.                   The landscape plan shall show a minimum number of 4 x 100 litre broad canopied trees (not palms) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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

 

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

 

102      Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

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

 

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

 

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

 

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

 

Documentary evidence is to be obtained from a suitably qualified Landscape Architect and submitted to the principal certifying authority (PCA) (and the Council, if the Council is not the PCA)  prior to the issuing of a final occupation certificate which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

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

 

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

 

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

 

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

 

Tree Management

 

108            The applicant shall submit payment of $2212 to Council,

 

a.           Being the cost for Council to remove the existing street tree specimens of two (2) Metrosideros species (New Zealand Christmas Bush) ($682) and

 

b.          Being the cost for Council to supply and install 2 x 25 litre street trees at the completion of all works ($440), and

 

c.           To compensate Council for the loss of amenity caused by the removal of the street tree street trees ($1090)

 

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

 

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

 

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

 

a)          Three (3) Cyathea species (Tree Fern) located within the front yard of No. 14 Daintrey Crescent.

 

b)          Three (3) Cupressus species (Cypress) located within the front yard of No.4 Dudley Street.

 

c)          Two (2) Metrosideros species (New Zealand Christmas Bush) located on the nature strip in front of No.16 Daintrey Crescent

 

d)          Two (2) Hedyscepe canterburyana (Umbrella Palm) located within the front yard of No. 14 Daintrey Crescent

 

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

 

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

 

Tree Protection Measures

 

112            In order to ensure the retention of the Eucalyptus cinerea (Argyle Apple) located on the nature strip in front of 16 Daintrey Crescent in good health, the following measures are to be undertaken:

 

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

 

 

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

 

c.                   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 3 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.                   Any excavations required for footings, structures, retaining walls, basement carparks, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 3 metres of the tree trunk {add one metre to the radius quoted in Point c.} shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

f.                    The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

g.                   Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point h.

 

h.                   A refundable deposit in the form of cash or cheque of $2900.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

One (1)

 

Eucalyptus cinerea

 

$2900.00

 

 

 

TOTAL

 

$2900.00

 

 

The refundable deposit is placed to ensure that the tree protection measures as described in this condition are undertaken throughout the demolition and construction period. The refundable deposit will be released twelve (12) months from the time of issue of a final occupation certificate by the certifying authority providing the tree protection measures (including amendments to the plans) have been undertaken throughout the demolition and construction period and the tree/s have been retained in good health.

 

Any contravention of Council's conditions relating to the {tree or trees} at any time during the demolition and construction period or prior to the issue of a final occupation certificate will result in the Council claiming all of the lodged security.

 

113      A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $18,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

c.       In order to organise for a final inspection for the Occupation Certificate or for the release of the security deposit, the applicant shall contact the Town Planning Department to advise that the site is ready to be inspected. Town Planning will then organise for a final inspection 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.

 

SUBDIVISION:

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

114            The consolidation of the separate lots into a single lot must take place, prior to the use or the occupation of the development.  Details of the consolidation of lots are to be provided to Council prior to occupation of the development.

 

115            Suitable easements for services and internal stormwater lines shall be created as required.  The minimum easement width over any stormwater line is to be 0.9 metres.

 

Advisory Notes

 

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

 

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

 

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

 

            a)         Part C1                  -           Fire resistance and stability

            b)         Part C2                  -           Compartmentation and separation

            c)         Part C3                  -           Protection of openings

            d)         Part D1                  -           Provisions for escape

            e)         Clause D1.2           -           Number of exits required

            f)          Clause D1.4           -           Exit travel distances

            g)         Part D2                  -           Construction of exits

            h)         Part D3                  -           Access for people with disabilities

            i)          Part E1                   -           Fire fighting equipment

            j)          Part E2                   -           Smoke Hazard Management

            k)         Part E3                   -           Lift Installations

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

            m)        Part F1                   -           Damp and weatherproofing

 

ATTACHMENT/S:

 

A4 Configurations

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

LUKE JACKSON

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

30 October, 2003

FILE NO:

D 1032/2002

 

PROPOSAL:

 Section 96 modification to increase height of rear and side boundary fences and provide new windows in northern elevation

PROPERTY:

 23 Hannan Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 Y. Ng and J. Liao

 

 

 

 

 

 

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, Ted Seng and Peter Schick.

 

The main issue with the amendments is the proposed increase in the height of the rear (eastern) fence by adding a section of sandblasted glass to raise the height of the fence to 2.65 metres above existing ground level. A similar height was proposed in the original development application. The outcome of extended negotiations was an agreed height for the fence of 2.2 metres from existing ground level. This maximum height previously approved is considered appropriate and the recommendation is for approval subject to conditions ensuring the fence is no higher than 2.2 metres from existing ground level.

 

2.    THE PROPOSAL

 

Approval was granted in 7 March 2003 to carry out alterations and additions to the existing dwelling and construct new fencing to all property boundaries.

 

The applicant is seeking approval to increase the height of the rear fence to 2.4m by installing a piece of translucent glass offset 900mm from the boundary above a masonry wall 2.05m high (measured from ground level on the subject site). The increase in height is proposed for a section of wall approximately 3.5 metres long in the approximate location of the kitchen/ dining room window of the adjoining dwelling (90 Storey Street).

 

The proposed changes also include new fencing to the northern side boundary to a maximum height of 2.1 metres above existing ground level at the eastern end of the site (1.8m above finished ground level) to match that already approved at the eastern end of this boundary.

 

Two highlight windows with a sill height of 1.9m are proposed to the northern elevation of the dwelling. These windows are proposed to admit more light to the kitchen and living areas of the existing house.

 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the eastern side of Hannan Street in Maroubra and is occupied by an existing relatively large two storey brick rendered dwelling having a site area of 344m². The surrounding area is residential in nature containing single and two storey dwellings. The site is three allotments to the north of the intersection of Storey Street and Hannan Street, resulting in the site having a rear boundary, which adjoins the side boundary of a property fronting Storey Street.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The original development application for these works was lodged on 4 November 2002. This original application sought to raise the level of the rear yard and incorporate a solid masonry fence to a height of 2.7 metres above existing ground level to the rear boundary of the site. Increases in the height of side fences by 900mm, changes to windows and new awning to the rear were also proposed.

 

In response to the concerns of adjoining residents in relation to the proposed fence heights, extended negotiations were held between Council, the applicant and objectors. The outcome of these negotiations were amended plans which addressed most of the concerns raised by neighbours. These plans did not show an acceptable height for the rear fence and a condition of consent was imposed to ensure this fence did not exceed 2.2 metres measured from existing ground level.

 

The current section 96 application was lodged on 25 July 2003. The amendments sought to increase the height of the rear fence  back to 2.7 metres from existing ground level by attaching a piece of translucent glazing to the top of the fence. The glazing was proposed to be held away from the boundary line 900mm by steel struts.

 

A letter of issues was sent to the applicant indicating that the proposed increase to the rear fence height would not be supported due to the visual bulk impacts on the adjoining property, the ability to use less intrusive screening methods (such as landscaping) and the substantial negotiations that had taken place previously to achieve an acceptable compromise for both the applicant and objectors. In response, the applicant stated that they wished to pursue lodgement of further amendments, however the lack of Council support for any fence over the approved 2.2 metres discouraged this approach by the applicant and no amendments were received. During these negotiations a letter was received from the applicant stating agreement to a condition of consent limiting the height of the fence to 2.2 metres above existing ground level. This agreement is the basis of the recommendation for part approval of the section 96 application. The objectors were advised of the agreed condition and were satisfied with this outcome.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

1.     Bayside Solicitors, on behalf of G & A Rosiello, 90 Storey Street, Maroubra

 

§ Increased fence height will limit solar access and breeze

§ Will result in inconsistent fence line between four properties

§ Extending the rear awning and patio will bring the entertaining area closer to the window, thus privacy loss

§ Fence structure is too high

§ Partial raising of fence height in this proposal will detract from the aesthetics of 90 Storey Street.

 

2.     Bayside Solicitors, on behalf of C & P Rosiello, 21 Hannan Street, Maroubra

 

§ Additional windows in the eastern wall will impact on privacy

§ Concrete ramp is to be erected, unsure of purpose of this structure and reserve right to object.

 

3.     G & A Rosiello, 90 Storey Street, Maroubra

 

§ Reduction of light and ventilation into living/ dining area

§ Modification seeks to change condition of consent allowing maximum height of 2.2 metres

§ We have put privacy screening onto our deck at the request of 23 Hannan Street, yet no consideration is given to our privacy

§ Aesthetics

§ Plans are almost identical to the original Development Application, which was rejected through amendments.

 

4.     C & P Rosiello, 21 Hannan Street, Maroubra

 

§ Doesn’t comply with preferred solution of 1.8 metres and is over previously approved 2.1 metres

§ Two additional windows only exacerbate privacy issue

 

6.    TECHNICAL OFFICERS COMMENTS

 

There is no requirement for internal and external referrals due to the minor nature of the modification.

 

7.    MASTER PLANNING REQUIREMENTS

 

As the site is less than 4,000m2 in area there is no requirement for a master plan under clause 40A of RLEP98.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-     Randwick Local Environmental Plan 1998.

-     Environmental Planning and Assessment Act 1979 as amended.

-     Building Code of Australia.

-     Development Control Plan

-     Dwelling Houses and Attached Dual Occupancies.

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2(A) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. As the proposal relates to minor amendments and will not increase the height or floor area of the existing dwelling, there are no statutory controls that apply to the site.

 

8.1  Policy Controls

a.    Dwelling Houses and Attached Dual Occupancies Development Control Plan

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

BUILDING SETBACKS

Rear Setback

 

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

Rear Setback

 

S2  No closer than 4.5m.

 

 

No

Fence and glazing privacy structure up to 2.7 metres, 900mm from rear boundary would not not comply with the performance requirement or preferred solution of 4.5m

VISUAL & ACOUSTIC PRIVACY

 

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

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.

Yes. Sill height of additional windows to northern elevation have sill height of 1.6m above floor level.

 

Detailed assessment of the relevant DCP provisions has been included under section 10 of this report.

 

9.    SECTION 96 AMENDMENT

 

9.1       Substantially the same

 

The application involves modification to the height of the fencing and window placement. It is considered to be substantially the same development under Section 96 of the Environmental Planning and Assessment Act, 1979, as amended.

 

9.2       Consideration of submissions

 

Submissions have been considered under section 5.1 of this report.

 

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 sections of the Dwelling Houses and Attached Dual Occupancies Development Control Plan have been considered below.

 

10.1     Visual Privacy

 

The two new windows proposed to the northern wall of the existing dwelling are narrow (500mm) and have a sill height of 1.6 metres above finished floor level. This meets the preferred solution for maintenance of privacy between dwellings and ensures that overlooking of the adjoining site to the north (21 Hannan Street) will not occur.

 

The proposal is satisfactory with regard to visual privacy.

 

10.2     Fences

 

The proposed modification seeks to replace a 15 metre section of the northern boundary fence with fibre cement sheeting on steel furring channels to match the height and materials of the existing fence at the eastern (rear) end of the northern boundary. The eastern section of the northern boundary fence is approved to be 2.1 metres high (measured from existing ground) and the extension of the fence is indicated as being constructed wholly within the subject site. No objection is raised to this modification, however an elevation of the fence has and details of the height of the fence in relation to the existing level at the front of the site have not been received. As the plans are unclear, it is appropriate to impose a condition that the fence not exceed 2.1 metres in height from existing ground level along the northern boundary.

 

The application proposed increasing the height of the rear fence to the eastern boundary of the site from the approved 2.2 metres above existing ground level, to 2.6 metres above existing ground level for a distance of 5 metres at the centre point of the fence. This increase in height was to be achieved by installing sandblasted glazing above the masonry fence. The glazing required steel supports to hold it 900mm off the boundary. This arrangement is considered to result in visual bulk impacts to 90 Storey Street and undermines the lengthy process of negotiation undertaken by Council, objectors and the applicant previously.

 

The location of a bulky structure so close to the rear boundary is undesirable and the use of vegetation to provide a ‘soft’ screen between the boundaries is considered an acceptable alternative. The applicant was granted approval to increase the level of the rear yard by 250mm, which has further reduced the privacy afforded to the rear yard of the subject site and resulted in the approved fence being 2.2 metres from existing ground level to achieve an acceptable level of privacy. The applicant has set competing priorities of a desired landscape design and privacy, which in this instance are not compatible with Council’s objectives for fencing and setbacks and will result in impacts on the adjoining dwelling to the east (90 Storey Street).

 

The applicant was advised of Council’s concerns in relation to the height of the rear fence and has agreed to a condition limiting the height of this structure to 2.2 metres above existing ground level as per the conditions on the original application.

 

11.  CONCLUSION

 

The proposed modifications to the northern side boundary fence and additional windows in the northern elevation meet the relevant assessment criteria. The modifications to the eastern fence do not meet Council’s objectives and the applicant has agreed to a condition of consent reducing the height of this structure to ensure that impacts to the adjoining property to the east are not increased.

 

The modification may be approved subject to appropriate conditions.

 

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.. 1032/2002 on property 23 Hannan Street, Maroubra in the following manner:

 

1.       Amend Condition No. 1 to read:

 

1.   The development must be implemented substantially in accordance with the plans numbered LN – 01B, dated September 2002, stamped additional detail and received by Council on 7 February 2003, the application form and on any supporting information received with the application, as amended by the Section 96 plans annotated Revision C and dated July ’03 in the amendments box and stamped received by Council on 22 July 2003, only in so far as they relate to the modifications to the northern boundary fence and windows in the northern elevation highlighted on the Section 96 plans and detailed in the Section 96 application except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.         Add Condition 17:

 

17. The height of the northern boundary fence is not to exceed 2.1 metres measured from existing ground level along the northern boundary and this fence is to be wholly within the site boundaries. Details required by this condition are to be shown on the Construction Certificate application. This condition is imposed to clarify discrepancies in the submitted plans.

 

ATTACHMENT/S:

 

A4 reductions

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

28 October, 2003

FILE NO:

D 0439/2003

 

PROPOSAL:

 Demolish existing shop & construct new 3-4  storey building comprised of 8 units, a single commercial tenancy and at grade parking for 10 vehicles to the rear of the site and strata subdivision

PROPERTY:

 313 Bunnerong Road, Maroubra

WARD:

 Central Ward

APPLICANT:

 M. Petrovic

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to Committee by Councillors Seng, Matson and Notley-Smith.

 

The applicant is seeking approval to demolish the existing building on the site, and construct a new mixed-use development on the site at 313 Bunnerong Road, Maroubra. The development will comprise 8 residential units, four to the front and four to the rear, separated by a central landscaped podium. At street level, the Bunnerong Road frontage is occupied by a retail/ commercial suite and lobby to the residential component of the proposal.

 

The application has been the subject of extended negotiations in relation to design quality issues raised by the Design Review Panel and the location of the site in an area subject to stormwater inundation during major storm events. The proposal is recommended for approval subject to conditions, including deferred commencement conditions relating to design for flood levels.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to demolish the existing building on the site and construct a multi-unit development with 6 x 1 bedroom and 2 x 2 bedroom plus study residential units and 1 x commercial/ retail tenancy over 3-4 storeys at 313 Bunnerong Road, Maroubra. Carparking for ten (10) vehicles is also proposed with entry from Wild Lane.

 

The building has been separated into a western (Bunnerong Road) and eastern (Wild Lane) wing. A landscaped podium level covers the carparking at first floor level and provides a link between the front and rear portions of the building. The western wing will be four storeys tall, the eastern wing is three storeys tall, including the at-grade parking provision.

 

The building will be constructed of concrete blockwork and rendered masonry. A new awning is proposed to the Bunnerong Road frontage. Strata subdivision of the building is also proposed.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site consists of a single allotment, with a short western frontage to Bunnerong Road of 13.765 metres and northern and southern side boundaries of 41.48 and 38.93 metres respectively. The rear (eastern) boundary of the site addresses Wild Lane and measures 10.8 metres. The total area of the site is 506.6m2. The site is generally level.

 

The site currently contains a single storey brick shop and residence, two brick garage buildings are located to the rear of the site, with access from Wild Lane.

 

Development in the locality is characterised by a mix of residential and commercial uses and a variety of architectural styles and construction eras. To the north and south of the site are single storey brick shops. Bunnerong Road forms the western boundary of the Randwick LGA. Across Bunnerong Road are light industrial areas. To the east across Wild Lane are single storey freestanding and semi-detached dwellings. Several allotments to the north of the site is Maroubra Road. Three allotments to the south is Kingsford Street.

 

4.    SITE HISTORY

 

a.    HISTORY OF SITE USEAGE

 

Council’s records indicate no recent previous development consents over the property.

 

b.    APPLICATION HISTORY

 

A prelodgement meeting was held on 25 November 2002 to discuss the development concept. At the meeting, the issue of flooding was raised as a major issue and the applicant advised that additional information to determine flood levels would be required.

 

The current application was lodged with Council on 29 May 2003. A preliminary assessment of the application raised significant issues relating to bulk and scale, the number and mix of units (10 originally proposed) and the streetscape impact of the proposal.

 

In response to these issues the applicant submitted amendments reducing the number of units to 8 and making other internal changes on 29 July. These were referred to the Urban Design Review Panel and notified to surrounding residents. The Panel indicated that these plans did not fully satisfy their concerns in relation to the proposal. As a result further amendments were lodged 21 August, the Panel indicated these plans were still unsatisfactory and further amendments were lodged on 1 October, 2003. These plans are the subject of this assessment.

 

On the 19th of September the AIS Department advised that details of the calculations used to calculate flood levels were required. When these details were submitted, they were found to contain deficiencies that resulted in the flood level needing to be increased by 520mm. The method used to calculate the flood level was based on a simple model and resulted in an unrealistically high requirement. A more detailed flood study could be used to determine the true flood level, alternatively the building can be built to the conservative levels noted by the applicant’s hydraulic consultant. The applicant has indicated that he wishes to pursue the second option of raising the building by a further 520mm and this has been considered in this assessment.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to Precinct Committee on 21 June 2003 in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1  Objections

 

1.   D & C Foster , 9 Kingsford Street, Maroubra

 

§ Proposal is excessively large for the site.

§ Kingsford Street is the first right-hand turn when travelling north along Bunnerong Road from Eastgardens and this has resulted in additional through traffic on Kingsford Street and Wild Lane with motorists attempting to avoid traffic and traffic lights.

§ The nearby TAB and Steakhouse Restaurant have no parking and the nearby garage has insufficient parking which results in patrons parking on Kingsford Street.

§ Safety issues due to traffic congestion

§ Building should be limited to two storeys in height, as per surrounding development and provide adequate parking.

§ Will set precedent for adjacent buildings which are also in need of redevelopment

§ Clarification of the status of Wild Lane would be appreciated – is it to become one-way and if so which way will traffic be forced to travel?

§ Annoyed that notification did not extend to the southern side of Kingsford Street

§ Height should be reduced and the Street should be made one-way exiting left into Bunnerong Road

 

Comment: Traffic issues, including future proposals for Wild Lane have been discussed in detail in section 6.2. The scale of the proposal is considered appropriate in the context of the width of Bunnerong Road and the future development potential of surrounding sites.

 

2.   E. Porter, 3 Kingsford Street, Maroubra

 

§ Annoyed that notification did not extend to the southern side of Kingsford Street.

Comment: Notification was undertaken in accordance with Council’s DCP.

 

§ Development site is to small to accommodate number of units and parking proposed.

§ Traffic and parking impacts due to increased density

§ Safety concerns over use of Wild Lane for entry and exit to the parking

§ Loss of amenity if Wild Lane were one-way southbound as headlights would cause a nuisance.

 

Comment: Traffic, parking and the ability of the site to accommodate the density proposed have been discussed in detail in sections 6.2, 9.1 and 9.2 of this report.

 

3.   J. McLeod, 16 Kingsford Street, Maroubra, copy of letter sent to the Mayor

 

§ Height is excessive, site would need to be rezoned to be approved, will set a poor precedent for development of sites adjoining the proposal.

Comment: Height has been discussed in detail under section 9.1 of this report.

 

§ Wild Lane is narrow with 2 blind bends and is the only access to parking for the development

§ Insufficient parking for development, will exacerbate existing pressures on on-street parking in Bunnerong Road, Kingsford Street and Wild Lane

§ Garbage trucks will create excessive noise in Wild Lane

§ Traffic calming devices should be installed in Kingsford Street to slow down cars trying to avoid traffic by using back streets

 

Comment: Traffic and parking impacts of the proposal have been considered in detail in section 6.2 and 9.8 of this report.

 

4.   C & M White, 10 Kingsford Street, Maroubra

 

§ Development will exacerbate existing pressures on on-street parking in Bunnerong Road, Kingsford Street and Wild Lane

§ Wild Lane is dangerous and access to the development off the laneway will increase the danger

§ Excessive height will encourage development of adjoining allotments. Light industrial nature of the area will result in persons of lower-socio economic status moving in, which will increase crime rates

Comment: Traffic and parking impacts of the proposal have been considered in detail in section 6.2 and 9.8 of this report.

 

§ Overshadowing and privacy

Comment: There will be no substantial privacy or overshadowing impacts from the proposal. Impacts have been discussed in section 9.5 and 9.6 of this report.

 

5.     J. McLeod, 16 Kingsford Street, Maroubra (second letter), copy to Hon. RJ Carr MP

§ The height of the proposed building is out of context with surrounding area

§ Parking is insufficient and the applicant’s statements in this regard are misleading

§ Undesirable precedent

§ Lack of landscaping

Comment: The height and landscaping proposed have been discussed in detail in sections 9.1 and 9.4 of this report. Parking has been considered in section 9.8 of this report.

 

A petition signed by 21 residents (including 6 signatories that have objected separately above) was also received. The petition reiterated the main issues of concern being building height and pressure on traffic and parking. The petition also requested clarification regarding the traffic committee’s input (if any) into the development, proposal for commercial traffic, car wash bays and the direction of traffic flow in Wild Lane. The AIS department has considered these issues and provided advice in Section 6.2 of this report.

 

The amended plans lodged on 29 July 2003 were re-notified to surrounding residents. In response the following submission was received:

 

1.   J.McLeod and C&D Foster, 16 and 9 Kingsford Street, Maroubra

 

§ Reduction in units will not reduce number of residents in building due to change in unit mix

§ Excessive height

§ FSR has been reduced but still exceeds Council’s standard

§ Original height has been reduced but 3-4 storey scale is still excessive. 8x1 bedroom units could be accommodated on the site without needing the additional storey

Comment: FSR and height non-compliances have been discussed under sections 9.1 and 9.2 of this report.

§ Clarification regarding the proposal to make Wild Lane one-way (exiting onto Kingsford Street) has raised concerns regarding increased traffic flow on Kingsford Street

§ Reiterates that traffic and parking is a significant issue for residents, commercial parking is inadequate as it doesn’t cater for customers

§ Require clarification as to whether traffic committee has looked at development

Comment: The AIS department has provided comment on traffic and parking in section 6.2.

§ Lack of landscaping

Comment: Landscaping is considered adequate given the commercial zoning of the property. Landscaping has been discussed in detail under section 9.4 of this report.

 

Further amendments received on 21 August were renotified. In response the following submission was received:

 

1.   J.McLeod and C&D Foster, 16 and 9 Kingsford Street, Maroubra

 

§ Excessive height

§ Clarification regarding the proposal to make Wild Lane one-way (exiting onto Kingsford Street) has raised concerns regarding increased traffic flow on Kingsford Street

§ Reiterates that traffic and parking is a significant issue for residents, commercial parking is inadequate as it doesn’t cater for customers

§ Lack of landscaping

§ Require clarification as to whether traffic committee has looked at development

Comment: These issues have been dealt with 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  Building and Construction Issues

 

The Manager, Environmental Health and Building has provided the following comment in relation to the proposal:

 

The proposal

 

Demolish the existing brick cottage/shop and construct a new shop with car park and three(3) levels of residential flats.

 

BCA Building Classification

 

§  Class 6     -           Shops

§  Class 2     -           Residential units

§  Class 7a    -           Car park

 

Key Issues

 

BCA, fire safety, environmental, noise, site management, OH & S, disabled access

 

RECOMMENDATION:

 

Should the approval be granted to the application, the following conditions should be included in the development consent:

 

Conditions suggested by the Manager, Environmental Health and Building have been included in the recommendation section of this report (see Conditions 12-57).

 

6.2  Engineering Issues

 

The Director Assets and Infrastructure made the following comment on the proposal:

 

An application has been received for construction of a mixed use development containing 8 residential units and 1 retail/commercial unit.

 

It is understood that the applicant will be meeting with the EPCD Department to discuss a number of outstanding issues on Monday 22 September. The following comments (based on the amended plans received 21 August 2003) are provided for consideration by the EPCD Department.

 

Flooding Comments

The subject development site is located in an area that may be subject to stormwater inundation during major storm events. A flood study submitted by Rafeletos Zanuttini Pty Ltd has determined the 1 in 100 year flood level on the site to be at RL 23.26 (AHD).

 

It is noted that the submitted flood study does not provide full details of how the stage –discharge relationship was determined. This information, together with an electronic copy of the ILLSAX model shall be submitted to Council prior to any form of development approval being issued.

 

The comments contained in this report are based on the assumption that the flood levels determined by Rafeletos Zanuttini Pty Ltd are correct.

 

To prevent damage to people and/or goods, all habitable and storage areas shall be raised a minimum of 300 mm above the 1 in 100 year flood level or suitably water proofed up to this same level, and all carparking areas shall be provided with a minimum 150mm freeboard.

 

The submitted plans show the carparking area being raised to RL 23.41 (AHD) in accordance with the above requirements, however, the shop/office appears to only be protected from flooding up to RL 23.43 (AHD). The level of the elevated lobby area shall be increased to a minimum RL 23.56 (AHD) to provide the required 300mm minimum freeboard. Amended plans demonstrating compliance with requirement shall be submitted to Council for consideration. The EPCD Department to determine whether the resulting floor to ceiling height in the elevated Lobby area is satisfactory.

 

It is noted that the shop/office along the Bunnerong Road site frontage shall be fully tanked and water proofed up to the 1 in 100 year flood level plus a minimum 300mm free board. This will include designing the front windows to withstand hydrostatic pressures from flood water. It is further noted that the portion of the lobby area which is constructed below RL 23.56 (AHD)  shall be construction from materials that will not be adversely affected by stormwater inundation. Any development approval issued will be conditioned in accordance with the above requirements.

 

Traffic Comments

According to Council’s DCP for parking, the proposed development should provide a total of 12 parking spaces. The amended plans show only 10 being provided. The EPCD Department to determine whether the proposed parking provisions are adequate. 

 

It is noted that the deficiency in parking is due to the original visitor spaces (located below the flood level along the Wild Lane site frontage) being deleted. The AIS Department supports the deletion of these carspaces due to their being located below the flood level. Should the EPCD Department determine that the deficiency is unacceptable, it is suggested that the applicant may need to reduce the number of units to suit the available parking provisions. Alternatively, consideration could be given to providing mechanical carstackers in two of the parking spaces. It is noted that the AIS Department does not generally support the use of carstackers and suggests that this option should only be considered as a last resort.

 

To improve manoeuvrability in the carpark it is recommended that the width of carspaces 2 and 3 be increased to 2.6 metres.

 

Issues raised by the AIS were discussed with the applicant and the additional information requested by letter on 8 October 2003. In response to additional information relating to the flood levels, the AIS provided the following comment:

 

In our memo dated 19 September 2003, the applicant was requested to submit an electronic copy of the ILSAX model together with details of how the stage-discharge relationship was derived. In preparing the required information, the applicant’s hydraulic consultant identified a number of deficiencies in the previously submitted flood study and submitted a new report dated 22 September. This new report shows the flood levels for the subject development site to be at RL 23.65 (AHD). This is some 390mm above the previously determined flood level.

 

The AIS Department considers this flood level to be unrealistically high and recommends that a more detailed flood study be undertaken. This matter is discussed in more detail below.

 

The submitted ILSAX model indicates that the existing piped system in the upper catchment area has been ignored with all flows assumed to be draining to the low point in Bunnerong Road. This method of determining the flood level simplifies the analysis considerably and is considered reasonable for determining a conservative estimate of the flood level. However, given that the conservative flood level is unrealistically high, it is considered that the estimate may not be appropriate and more detailed flood modelling (which takes pipe flows into account) may be required.

 

The applicants hydraulic consultant agrees that the flood level determined in the submitted flood study is unrealistically high and recommends that a more detailed flood study be undertaken to obtain a more accurate indication of the flood level. The hydraulic consultant also indicated that the required flood study is outside their area of expertise and recommends that the applicant engage an engineering company specialising in flood studies to undertake the work (refer to attached facsimile).

 

It should be noted that the fax from David Zanuttini states that to reduce the flood level ‘a more comprehensive flood study of a standard not normally requested by council would need to be undertaken’. This statement is not altogether correct as Council usually requires detailed flood studies (which consider piped flows). However, in situations where it is possible to simplify the flood study and obtain a conservative estimate of the flood level (such as in situations where there is a clear escape route from an entrapped low point), Council may approve the use of simplified methods, provided that the resulting flood level is realistic and the applicant is willing and able to adopt the conservative level rather commissioning a more detailed flood assessment.

 

In this particular case the conservative flood level appears to be unrealistically high and would result in substantial access difficulties. It is recommended that the applicant be requested to engage a suitably qualified and experienced Engineer to undertake a detailed flood study in accordance with the recommendations from the applicant’s hydraulic consultant.

 

The new flood study should consider the piped flows in the upper catchment areas, and shall use the DRAINS or ILLSAX Urban Drainage Simulation Model to determine the 1 in 100 year flood level.

 

Notes:-  Rainfall intensities are to be calculated following the procedure demonstrated in chapter 2 Australian Rainfall & Runoff-1987 edition.

 

The following information must be submitted to the Council for checking and record purposes:

 

a) All “DRAINS” or "ILSAX" data files on 3 1/2" MS-DOS formatted diskettes together with a suitable index to relate data files to the various run parameters.

 

b) Plans showing:

 

·  Total catchment area.

·  “DRAINS” or "ILSAX" sub-catchments and areas and nomenclature used to define the various piped reaches.

·  Overland flow paths.

·  Location and sections of all drainage lines showing:

Pipe sizes and grades

·  Pit/gully surface levels as well as invert levels of inlet and outlet pipe.

·  Proposed finished surface levels and 0.2m contours over the development site.

·  All levels to Australian Height Datum.

 

To prevent damage to people and/or goods, all habitable and storage areas shall be raised a minimum of 300 mm above the determined 1 in 100 year flood level or suitably water proofed up to this same level, and all carparking areas shall be provided with a minimum 150mm freeboard.

 

Should the applicant and the EPCD Department wish to adopt the conservative flood levels determined by Rafeletos Zanuttini Pty Ltd in lieu of obtaining more accurate flood levels from a detailed flood study, amended plans showing the floor levels of all habitable and storage areas being raised to RL 23.95 (AHD) and the carparking area to RL 23.80 (AHD) (or suitable water proofed up to these same levels) shall be submitted to Council.

 

Further discussions between the AIS, EPCD and the applicant to resolve the issues relating to the flood level resulted in the following advice from the AIS:

 

An application has been received for construction of a mixed use multi-unit development containing eight (8) residential units and one (1) retail/commercial unit. The application is also for strata subdivision.

 

Landscape Comments

There is one Lagerstroemia indica (Crepe myrtle) of approximately 6 metres in height and 4 metres in width in the front yard of the site. It appears in good condition, is covered by Council’s Tree Preservation and will be affected by the proposed development. Approval is granted for removal of this tree.

 

There is one Ulmus sp. (Chinese Elm) of approximately 5 metres in height in the rear yard, along the southern boundary, which appears in average condition. Approval is granted for its removal.

 

There are two Syagrus romanzoffianum (Cocos palms) between 6-8 metres in height at the rear of the site, at the eastern boundary. They appear in reasonable condition and are covered by Council’s Tree Preservation Order.

 

Although these two palms are shown to be retained on the landscaping plan, approval is granted for their removal as it may not be possible to construct the carpark as indicated and still ensure their survival. The removal of the two palms should not have a significant impact as there is a large, mature Schinus areira (Peppercorn tree) located to the east, on the other side of Wild Lane, with a good canopy cover that reaches close to the rear property boundary of 313 Bunnerong Road.

 

Flooding Comments

The development site is located in an area that may be subject to stormwater inundation during major storm events. A flood study submitted by Rafeletos Zanuttini Pty Ltd determines the 1 in 100 year flood level on the site to be at RL 23.65 (AHD).

 

The submitted flood study has conservatively ignored the existing piped system in the upper catchment area and assumed that all flows will drain to the low point in Bunnerong Road. This method of determining the flood level simplifies the analysis considerably, however, it also appears to have resulted in an overly conservative estimate of the flood level. The AIS Department does not generally object to the use of conservative assumptions, however, given that the flood level in this case appears to be unrealistically high, it is recommended that a more detailed flood study be undertaken to determine a more accurate (and most likely lower) estimate of the flood level.

 

It is understood that the applicant does not wish to undertake a more detailed flood study. In the absence of a revised flood study, which determines more accurate flood levels, the applicant is required to adopt the flood levels determined by their hydraulic consultant.

 

To prevent damage to people and/or goods all habitable and storage areas shall be raised a minimum of 300 mm above the 1 in 100 year flood level or suitably water proofed up to this same level, and all carparking areas shall be provided with a minimum 150mm freeboard. This will necessitate the floor of the residential entry foyer being raised some 0.52 metres above the levels shown on the submitted plans (to RL 23.95 (AHD)) and waterproofing all walls, windows etc up to this same level. It is noted that this may necessitate the overall building height being increased. The EPCD Department shall determine whether they require amended plans showing the ground floor levels being raised prior to the issuing if development consent.

 

Based on the conservative flood levels determined by Rafeletos Zanuttini, the carpark should be raised to RL 23.80 (AHD). This would necessitate the length of the carpark access ramp being increased and thus may result in a loss of parking. Given that the flood levels appear to be highly conservative, the AIS Department would not object to the carpark being left at RL 23.41(AHD) (as shown on the submitted plans), provided that a flood gate is provided along the full width of the carpark entrance (at the top of the ramp) to protect the carpark from stormwater inundation up to at least RL 23.8 (AHD).

 

 It should be noted that the AIS Department does not generally support the used of flood gates (especially below the flood level), and it is only because the flood level appears to be highly conservative (the hydraulic consultant himself suggesting that the resultant flood level appears to be unrealistic), that the AIS Department is willing to accept the flood gate from a level which is 240mm below the estimated flood level.

 

The floodgates shall be designed by a suitably qualified engineer in accordance with the following minimum requirements:

 

·    The flood gates shall automatically rise when the floodwater level gets to 300 mm below the high point in the driveway (i.e. RL 23.11 (AHD))

·    Provision shall be made for manual raising and lowering of the floodgates.

·    Warning alarms and lights shall be provided to indicated when the flood gates are being raised and lowered

·    The floodgates shall be constructed with a full back up system for both power supply and raising mechanism.

 

Full details of the proposed floodgates, including a maintenance/service schedule, will be required prior to the issuing of a construction certificate.

 

The floor of the carpark shall be graded with a minimum fall of 2% towards the carpark entrance.

 

To facilitate pedestrian access from Bunnerong Road, it is proposed to construct the front section of the lobby area at street level (i.e. below the flood level) and then provide stairs and a disabled access platform/lift up to the elevated foyer area. Given that it is proposed to construct the front section of the lobby area below the determined 1 in 100 year flood level, the following conditions have been included in this report to minimise stormwater damage during major storm events:

 

·    All sections of the lobby area located below RL 23.95 (AHD) are to be constructed using materials that will not be adversely affected by flooding/stormwater inundation.

 

·    There are to be no electrical connections nor the storage of any goods that may be adversely affected by stormwater below RL 23.95 (AHD) within the lobby area.

 

·    A restriction to user shall be attached to the title of the subject development which prohibits the storage of any goods and the installation of any floor coverings, wall coverings and fixtures (including electrical connections) that may be adversely affected by stormwater inundation, below RL 23.95 (AHD) in the front lobby area.

 

·    All components of the disabled access platform constructed below RL 23.95 (AHD) shall be fully water proofed. Any components that may be adversely affected by stormwater inundation shall be located above RL 23.95 (AHD). Full details and specifications of the low rise lifts showing compliance with the above requirement shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

The submitted plans show the shop/office being constructed below the flood level, with stairs and a disabled access platform being provided to get from the elevated entry foyer area down to the shop/office. The AIS Department does not object to this proposal provided that the shop/office is fully tanked and water proofed up to the 1 in 100 year flood level plus a minimum 300mm free board. It is noted that this will include designing the front window to withstand hydrostatic pressure from flood water up to RL 23.95. A condition relating to this matter has been included in this report.

 

Given that the foyer area is to be raised an additional 520mm above the levels shown on the submitted pans, the access stairs from Bunnerong Road and down to the shop/office will need to be extended/modified. The EPCD Department to determine whether they require amended plans showing the modified stairs prior to the issuing of development consent.

 

Drainage Comments

On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1-hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to Council’s underground drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development.

 

All site stormwater leaving the site must be discharged by gravity to Council’s underground drainage system in Bunnerong Road.

 

A reflux valve must be provided over the outlet pipe from the site to ensure that stormwater from Bunnerong Road does not flow back into the development site.

 

Parking Comments

According to Council’s DCP for parking, the proposed development should provide a total of 12 parking spaces (including 2 visitor spaces). The amended plans show only 10 being provided with no visitor spaces. The EPCD Department should determine whether the proposed parking provisions are adequate. 

 

Given that there are no visitor parking spaces provided for the development, the AIS Department has not requested that a carwash bay be provided. Should the EPCD Department determine that a visitor parking space is required, it is recommended that the application be referred back to the AIS Department so that appropriate conditions regarding the visitor space being designed as a carwash bay may be included in the development approval.

 

Traffic Comments

In response to residents concerns regarding the traffic issues in Wild Lane, the EPCD Department is advised that at the October 2002 Randwick Traffic Committee it was recommended and subsequently adopted by Council that:

 

1. Wild Lane be converted to a one way  southbound movement from Wild Street to Kingsford Street subject to approval from the RTA.

 

2. All residents/businesses with access off Wild Lane be informed of the outcome.

 

3. The action of converting Wild Street to a one way movement requires Council to prepare a Traffic Management Plan as described in the Delegation to Councils-Regulation of Traffic. Under these circumstances the advice of the RTA representative is offered without prejudice and will not be construed as embodying the concurrence of the Roads and Traffic Authority.

 

Council’s Traffic Engineer is currently preparing a Traffic Management Plan for submission to the RTA.

 

It is noted that converting Wild Lane to one-way will reduce the vehicular conflicts currently experienced in the laneway. It must be noted however, that the conversion is still subject to approval from the RTA.

 

The AIS Department does not consider that development approval should be subject to the RTA concurring with Council’s recommendation to make Wild Lane one way. It is understood that the problems in Wild Lane are due largely to tight blind bends and narrow carriageway widths, rather than high traffic volumes alone. Given that the traffic generation rate for the proposed development during the morning and afternoon peaks is anticipated to be only some 5-6 vehicles per hour, it is considered appropriate for the problems in Wild Lane to be addressed separately to the development application.

 

It should be noted, however, that whilst the AIS Department does not recommend that the application be refused due to the problems in Wild Lane, measures should be undertaken to ensure safe access to and from the site. The AIS Department has included the following conditions in this report to improve safety:

 

·    The applicant shall meet the full cost for the design and construction of traffic controlling/speed slowing devices in Wild Lane to improve safety for vehicles entering and exiting the site. The required traffic calming measures shall be determined by the Randwick Traffic Committee and may include (but not necessarily be limited to) road narrowing, warning signage, sighting mirrors and/or raised threshold/s.

 

·    To improve pedestrian and vehicular vision at the site entrance/exit point, all new walls/structures/planting adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level (for at least the first 1.5 metres) or splayed a minimum 1.5 metres by 1.5 metres.

 

·    Due to limited sight distance to the north for vehicles exiting the site, ‘stop’ signage and line marking shall be provided along the site boundary at the exit point to ensure that vehicles stop and look for vehicles travelling south-bound in Wild Lane Prior to exiting the site.

 

 

The AIS Department would generally require the width of the access driveway to be a minimum of 5.5 metres for the first 5 metres within the property boundary to facilitate vehicles passing. However, given the site constraints due to flooding, combined with the low traffic volumes, the AIS Department does not object to the width of the access driveway being left at a minimum 4.3 metres as shown on the submitted plans.  The internal driveway should however be splayed out from the building alignment on the southern side of the carpark entrance so that the width of the driveway at the property boundary is at least 5.5 metres.

 

Conditions proposed by the AIS Department have been included in the recommendation section of this report (see Conditions 58-110). Amended plans showing the new flood levels were not required in order to make an assessment of the application, plans must be submitted to Council showing the required flood level prior to operation of the consent (see Deferred Commencement Condition 1).

 

6.3  Design Review Panel

 

The development application was considered by the Design Review Panel at its 4th August meeting. The Panel’s comments in relation to the proposal were as follows:

 

1.   Context

 

1200mm dedication to lane required.

 

Retain trees at rear.

 

2.   Scale

 

3.   Built Form

 

Alternative section with less elevated car park should be considered.

 

Remove voids to increase amenity by reconfiguring internal unit layouts and provide cross ventilation.

 

4.   Density

 

 

5.   Resource, Energy, Water Efficiency

     

      Some natural ventilation to car park currently shown.  This can readily be achieved.

 

6.   Landscape

 

No deep soil planting or adequate planters currently shown.  Require deep soil zone for new tree planting.  Potential for deep soil planters on northern setback.

 

Good planting in courtyard required, soil depths of 600mm for shrubs to 1200mm for tree planting is required.

 

Retain trees in rear lane.

 

Detailed landscape plan required, providing useable landscape spaces, which contributed positively to the amenity of the development and enjoyment/use of the occupants.  Current landscape areas lack imagination and design.

 

7.   Amenity

 

      Many amenity issues, which require improvement;

     

-     Some bedrooms too small

-     Minimal cross ventilation and light to units. 

-     Courtyards are questionable as they are enclosed

-     Much better use of roofs/top lights possible.

 

Reconsider common stair type and location.

 

Top floor layout poor.

 

Building entry very poor needs to be re-designed.

 

      3.2m x 2.9m bedrooms are too small.

 

      WC 400mm from basin is unacceptable.

 

      A 2.9m wide dining room is too tight.

 

      Use of roof should be considered to obtain clerestory light.

 

8.   Safety & Security

 

      Safety and security in rear lane a concern.

 

      Upper level units should overlook the lane.

 

9.   Social Dimensions

 

     

10. Aesthetics

 

 

11.  Conclusion

 

Drawings have discrepancies.  Panel needs to see a redesign, which addresses the concerns raised, at a future meeting.

 

Amendments were received in response to the issues raised by the Panel and Council. These amendments were forwarded to the Panel for further comment at its meeting on September 1, 2003:

 

1. Relationship to the Context of the Proposal

 

The context of this proposal is inadequately described. It is therefore difficult to assess its effects on its surroundings, now or for the future. Are all neighbouring properties equally affected by flooding, and therefore higher ground floor levels?

 

2. The Scale of the Proposal

 

The scale of the proposal in the street needs further consideration, for example the height of the awning is greater than adjacent awnings.  The detailing of verandah fronts is unclear – are they solid or clear?

 

3. The Built Form of the Proposal

 

The side walls should, where possible, either be on the boundary or set back by about a metre.  Glass blocks should be set back by one metre to maintain utility when adjacent properties develop and allow for cleaning.

 

The use of one stair in the courtyard should be investigated, as the current proposal compromises privacy to all the ground floor units.  The stair should incorporate screening where appropriate. (see  also 7 below).

 

4. The Proposed Density

 

Satisfactory.

 

5. Resource and Energy Use and Water Efficiency

 

Improvements could be made to roof design to increase light and ventilation.

 

6. The Proposed Landscape

 

The planted areas in the courtyard should provide a soil depth of 1.2 metres over at least 50% of their area.

 

7. The Amenity of the Proposal for its Users

 

The panel is not convinced that the changes made have resolved the internal privacy issues previously raised and discussed.

 

•   The privacy/security of Unit 1 is poor.

•   Adequate separation / privacy screening should be provided between roof terraces.

•   All units would benefit from the laundry and storage areas being located against the party wall along the entry corridor, thereby minimizing corridor space and creating useable areas in what are small units.

•   The floor level of the shop could be slightly raised.

•   The main entry layout could be improved and simplified, making the shop entry more independent of the residential entry.

•   The replanning of the shop and relocation of the ground floor wc is supported,

•   The adequacy of the 2.8m wide bedroom is questioned.

8. The Safety and Security Characteristics of the Proposal

 

There is a need to consider the design of doors, windows and screens to ensure that privacy, security and cross-ventilation can be achieved.

 

The adequacy of fire separation and BCA issues needs to be checked.

 

9. Social issues

 

See issued previously addressed.

 

10.           The Aesthetics of the Proposal

 

The Panel wishes to see more information and detail on finishes proposed (see 1 above). The uneven stepping in the rear mono-pitched roofs is also questioned.

 

SUMMARY AND RECOMMENDATIONS

 

1.  The Panel should like to see this application again with the matters raised being addressed.

2.  The Panel questions the need for the flood level precautions being taken and would like to see this matter addressed by Council as it may distort future proposals.

 

Changes suggested by the Panel at its second meeting were pursued with the applicant by the assessment staff and satisfactorily addressed in the current amended scheme. Details of materials and finishes will be required to be submitted to satisfy deferred commencement condition 6.

 

7.    MASTER PLANNING REQUIREMENTS

 

As the site is less than 4,000m2 in area there is no requirement for a master plan under clause 40A of RLEP98.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

·             Randwick Local Environmental Plan 1998

·             State Environmental Planning Policy 1 – Development Standards (SEPP 1)

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

·             State Environmental Planning Policy 65 – Design Quality of Residential Flat Buildings (SEPP65)

·             DCP - Parking

·             Section 94 Contributions Plan

 

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 3B Local Business 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

32 - FSR

1:1

1.28:1

No1

33 - Building Height

9 metres

11-12.7m

No1

1 SEPP 1 Objection lodged in support of non-compliance

 

The subject site is not in the vicinity of a heritage item and is not located in a heritage conservation area or foreshore scenic protection area. Non-compliance with LEP controls has been discussed in detail under Sections 9.1 and 9.2 of this report.

 

Strata subdivision of the completed building is proposed. No objection is raised to strata subdivision and there are no LEP controls in relation to subdivision in a 3B zone. Appropriate conditions have been included in the consent relating to subdivision and restrictions on title to ensure prospective purchasers are made aware of flooding issues (see condition 101-104).

 

(b)   State Environmental Planning Policy No. 1 – Development Standards

 

An objection under SEPP 1 has been lodged to support the non-compliances with Council’s FSR and height standards as set by clauses 32 and 33 of the LEP 1998. These objections have been considered in detail under sections 9.1 and 9.2 of this report.

 

(c)   State Environmental Planning Policy 55 – Remediation of Land

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated in the consideration of development applications. The applicant has indicated that there is no known contamination on the site. The excavation of the site to construct the basement parking will remove any a large amount of soil (and any contaminants) from the site. The existing building will be demolished to allow for construction of the building removing any trade waste drains etc. The site is suitable for the residential use proposed and Council has fulfilled its obligations under SEPP 55.

 

(d)   State Environmental Planning Policy 65 –Design Quality of Residential Flat Buildings

 

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. The application has been referred to Council’s Interim Design Review Panel twice for comment in relation to the principles of good design. The Panel’s final comments indicated there was still some concern in relation to materials proposed, the stair access to the units and internal amenity.

 

The amended plans received on 1 October 2003 were sought in response to the Panel’s comments and have addressed these outstanding issues by consolidating the internal stair access to the units, improving the internal planning of the units and addressing visual privacy concerns and amending the height of the awning to Bunnerong Road to improve its relationship with adjoining development. The proposal indicates face concrete blockwork as the primary material for the elevation to Bunnerong Road, concern is raised as to the appearance and detailing of these materials and further details of the materials and finishes proposed are to be submitted for approval by the Director, Environmental Planning, prior to operation of the consent (see Deferred Commencement Condition 6).

 

The proposal is satisfactory with regard to SEPP 65 and the principles of good design.

 

8.1  Policy Controls

a.         Development Control Plan – Parking

 

Parking rates and layout requirements for the development are contained within the DCP - Parking.

 

Item

DCP Parking Requirement

Proposed

Allocation

Complies

Residential

6x1 b/r

2x2 b/r

 

6x1 =6

2 x 1.2 = 2.4

 

6

3

 

Yes

Yes

Visitor

1 per 4 units

8/4=2

0

No

Subtotal Residential

10.4 spaces

9 spaces

No

Commercial/ Retail

1 per 40m2

GFA

38m2= 1

 

 

1

 

 

Yes

Total

11.4 Spaces

10 Spaces

No

 

Discussion of compliance with Council’s DCP – Parking is included under Section 9.8 of this report.

 

8.2  Council Policies

 

(a)              Section 94 Contributions Plan

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes additional 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, townscape improvements and administration charges totalling $15,938.70 for the residential component of the development (see Condition 11).

 

In accordance with the Section 94 Contributions Plan, the 38m2 commercial component of the development does not attract an additional townscape improvements levy as it does not increase the commercial floor area of the site beyond what is existing. Contributions for deficiencies in commercial parking spaces are not payable for this part of Maroubra.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1 Height

 

The development has an overall height of 11-12.7 metres and does not comply with the statutory standard of 9.0 metres under clause 33(5) of Randwick LEP 1998. The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 33 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

§ The proposed development is of a height that is consistent with the existing development in the surrounding locality. In this regard, the upper most floor has increased setbacks, is not visible from the street and is not likely to significantly adversely affect the external appearance of the building. The proposal is of a scale and bulk that is significantly less than many of the neighbouring residential flat buildings within the surrounding street blocks and one that relates well with the commercial developments in proximity to the site to the east.

§ The design of the proposed residential flat building is in sympathy with the characteristics of the site and will address flood levels across the site. The building will largely comprise three storeys for most of its length. The upper floor is considered to be adequately setback from the boundaries of the site and is not likely to adversely impact on the privacy or amenity of the adjoining development.

§ The proposal has been designed to meet Council’s controls regarding privacy, private open space, solar access, energy efficiency and views.

§ The preservation of privacy has been achieved by design elements such as the orientation of units towards the front and rear of the site, careful landscape screening and the use of planters along the courtyard areas. The visible wall height of the majority of the proposed development is generally in  keeping with the wall heights encouraged under Council’s planning instruments while the area of non-compliance is largely not visible from the eastern side of Bunnerong Road. The proposal is therefore considered to satisfy the objective of the maximum height standard, having regard for the amenity of the surrounding areas.

§ The proposal would normally fully comply with Council’s controls had the site not contained a flood level.

 

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

 

The applicant has provided shadow diagrams that indicate the additional height of the proposal will not result in excessive overshadowing impacts to adjoining properties during the midwinter period. The layout of the proposal maintains opportunities for solar access to adjoining properties so as to ensure their future development potential.

 

The non-compliance of the development will not result in significant impacts on visual and acoustic privacy for surrounding dwellings. The western side of the building that is in closest proximity to the residential area has a lower height than the Bunnerong Road side of the development. This has minimised the potential for overlooking. The retention of vegetation along Wild Lane and planter boxes to balconies will provide further screening and ensure the height non-compliance does not result in privacy impacts to surrounding properties. A separation distance of approximately 10 metres exists between living areas of the first floor level and properties across Wild Lane. This is sufficient to maintain visual privacy.

 

The maximum height of the eastern (rear) portion of the building occurs at the top of a skillion roof profile and has been setback 4 metres from the boundary. This setback will reduce the apparent height of the building and minimise bulk and scale impact on residential properties to the east of the site.

 

The area of non-compliance with the height standard proposed by the development will not result in significant adverse impacts on existing residential development.

 

The proposal represents an increased height in this part of Bunnerong Road. Future development of adjoining sites will require similar flood levels as the subject site and could be expected to be developed in a similar way. The building appears as three storeys from the street as the fourth level is set back from the street boundary. The adjoining single storey buildings have parapets which increase their height to 1.5 levels, the building is twice as high as these buildings and has a proportion which is consistent with adjoining sites. The awning has been reduced in height following comments from the Design Review Panel and this change has improved the presentation of the building to the street and the consistency of the development with existing development.

 

Flood levels require the height of the building to be increased by 520mm. This is considered to be a negligible increase in terms of it streetscape impact and any additional impact on the amenity of surrounding properties. The required increase will not invalidate the SEPP 1 objection and may be supported.

 

The development meets the objective of the overall height standard, being to set upper limits for the height of buildings which are consistent with other development controls such as FSR and landscaping and have regard to the amenity of surrounding properties. As such it is unnecessary and unreasonable to enforce the height standard in this case. It is considered that SEPP 1 objections in relation to these standards are well founded and should be supported.

 

The proposal is satisfactory with regard to height.

 

9.2 Density

 

The proposed development has a floor space ratio (FSR) of 1.28:1 (654.8m2), which exceeds that permissible under clause 32(1) of the RLEP 98 for a development on the site, being 1:1 (507.7m2). The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 32 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

·    The proposed development is of a scale and bulk that is consistent with the existing development in the surrounding locality. Indeed, the proposal is of a scale and bulk that is significantly less than many of the neighbouring residential flat buildings within the surrounding street blocks and one that relates well with the dwelling houses in proximity to the site to the east.

·    Attention has been given to the constraints of the site, such as its narrow width and flooding characteristics, and the proposed building relates to its topography. A primary reason for the erection of the three/ part four storey building is to address the flood level of the site and allow the financial viability of the redevelopment. The current proposal is likely to create minimal adverse impact on the surrounding properties and the design suits the topography of the site with ground floor parking above the flood level for the site.

·    The proposal does not represent an overdevelopment of the site in that it maximises the usability of the land and the amenity of each proposed dwelling and the open space areas. The proposed open space areas are adjacent to living areas and are suitable in their quantity and minimum dimension.

·    The area of non-compliance is limited to the upper floor, is set well back from the street and is not visible from street level. For this reason the proposed FSR is not considered unreasonable as it is not likely to have any significant adverse effect on the adjoining development.

·    The proposed development is of a built form that is consistent with the adjoining residential and commercial development and is considered likely to vastly improve the external appearance of the site and the streetscape within the surrounding streets and lanes.

 

The objective of the floor space ratio (FSR) standard is to establish a reasonable upper limit for development in residential zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment. An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc.

 

Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties despite the non-compliance of the proposal with the density standard of 1:1. The FSR standard makes a general relationship between the site area and allowable density in order to ensure Council’s other statutory and policy controls can be met. Despite the non-compliance with the FSR standard, the proposal achieves a form of development that is expected in business zones. As discussed in this report, and the applicant’s SEPP 1 objection the FSR non-compliance will not result in overshadowing, inadequate landscaping or privacy impacts. The amendments made to proposal and reduction of the upper floor have reduced its visual bulk and increased the setback to the upper level of the building from the street.

 

Existing development on the site has a density less than that envisaged by the 3(B) zone. The addition of eight dwellings in this location is not excessive and can be accommodated on the site. Adjacent sites are occupied by single storey commercial buildings that are in need of refurbishment or redevelopment, 2-3 storey buildings exist in the vicinity of the site and the proposal is consistent with these structures and the future potential of adjoining sites. The proposal will not be overly bulky when viewed from the street and the width of Bunnerong Road will ensure the development does not result in an overbearing or ‘crowded’ streetscape. The area of additional floor space occurs at the top floor and is not highly visible from the street. The site can accommodate the required parking for a development of this size, however in order to retain landscaping at the rear of the site, two spaces have been removed. The ability to meet carparking requirements on site indicates the site is capable of accommodating the development proposed.

 

The top floor of the proposal provides a second bedroom and bathroom to two first floor units. In order to achieve a compliant FSR the applicant would most likely reduce the number of bedrooms provided to these dwellings to 1. This would result in 8x1 bedroom units. A mix of unit types and sizes is encouraged, as are two storey apartments which provide improved cross-ventilation and amenity. A reduction in the number of bedrooms provided would reduce the variety of accommodation offered without resulting in significant amenity benefits to adjoining properties.

 

The non-compliance with the floor space ratio standard contained in clause 32 of the Randwick LEP will not result in significant impacts on adjoining development and therefore strict compliance is unnecessary in the circumstances of the case. It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying purpose of the standard and meets Council’s objectives with regard to streetscape, residential amenity, and parking. It is considered that SEPP 1 objection is well founded and should be supported.

 

9.3 Building Setbacks

 

The building will be built to the front (western) boundary at ground level, which is appropriate in the commercial context of the site. The first and second floors are setback 1.5-3.0 metres from the front boundary. This allows for balconies to be provided to the residential units above and this is consistent with Council’s objectives for residential amenity and surveillance of the public domain. The third floor is setback 3-5 metres from the front boundary which reduces the visibility of the top floor level and allows for outdoor private open space at the top of the building.

 

The proposal has a nil setback to the northern and southern side boundaries. This is consistent with the commercial nature of development in the vicinity of the site. There is a 10 metre wide gap between the front and rear portions of the building at 1st floor level and above which alleviates bulk and scale and overshadowing impacts on the adjoining property and allows for some amenity to be retained for any future development of the adjoining sites.

 

To the rear, west the ground floor carpark is setback 1.8 metres from the boundary, which allows for the retention of existing vegetation, or replacement planting. At first floor level, the building is setback 4m from the boundary, with balconies encroaching to 1.8m. The second floor is also setback 4m from the boundary with balconies encroaching. The roof of the rear building which is a skillion profile and is the highest portion of the western building is setback 4 metres from the boundary which assists in reducing the visual bulk of this element. The rear boundary of the site adjoins Wild Lane which provides a further 5-6 metres of separation between the site and surrounding properties.

 

The development is considered satisfactory with regard to setbacks.

 

9.4 Landscaping and Private Open Space

 

There are no landscaping provisions within the LEP for the 3B zone. The proposal provides a communal podium at first floor level which allows for pedestrian access to all units and provides for large garden areas that have adequate soil depth (1.2 metres) to support mature trees. The central location of these gardens and open void above level 1 results in the gardens providing a pleasant outlook for all units and provides screening between dwellings.

 

The proposal was amended to remove two visitor spaces on Wild Lane in favour of retention of two existing trees at the rear of the site. Council’s Landscape Technician has indicated that the likelihood of these trees surviving the construction phase of the development may be low and as such appropriate conditions have been have been included to ensure replacement planting of mature trees occurs if the existing trees are lost (see Condition 3).

 

Each unit is provided with a balcony with a minimum dimension of 2m x 4.8 metres. This is considered adequate for the size of units proposed and balconies are located in close proximity to the primary living areas of the dwellings.

 

Council’s Landscape Officer has noted four trees on the site that are protected by Council’s TPO. These trees have been approved for removal where necessary (see Conditions 105-110). The proposal is satisfactory with regard to landscaping and private open space.

 

9.5 Privacy

 

The location of the development adjacent to commercial uses has limited the potential for privacy impacts. Blank walls to the sides of the development ensures that visual privacy between the subject site and adjacent properties will be maintained.

 

To the rear of the site, across Wild Lane is the rear yard of a dwelling house that addresses Kingsford Street. a single storey dwelling house. Four units will have outlook across Wild Lane. The proposal is setback 6-10 metres from the boundary of 6 Kingsford Street. A large peppercorn tree and two trees on the subject site provide additional screening and acoustic softening to ensure that privacy impacts to this property are minimised.

 

The first floor level podium and gardens have ensured adequate separation distance (10 metres) and screening to maintain privacy between dwellings within the development. Amendments made to the proposal have incorporated privacy screening to the main stair to the residential component and to the lower level dwellings so that circulation areas do not result in privacy impacts on units at level 1.

 

The development has considered its impact on the visual privacy of surrounding properties and within the development and is considered satisfactory.

 

9.6 Solar Access and Energy Efficiency

 

The orientation of the site has minimised overshadowing impacts on residential properties. Additional midwinter shadows are cast on the adjoining commercial properties to the south from 9am-12pm. During midwinter afternoons a small area of additional shadow will affect residential properties to the southeast of the site, however these properties maintain the residential standard of 3 hours per day midwinter. The proposed gap between the eastern and western wings of the building allows good access to natural light and ventilation to all dwellings within the development in accordance with ESD principles.

 

The applicant has submitted a NatHERS report of the dwellings in the proposed development, which shows that all dwellings achieve a rating of 3.5 stars. These ratings meet Council’s minimum requirements for new dwellings.

 

The proposal is considered acceptable in relation to solar access and energy efficiency.

 

9.7 Safety and Security

 

The development provides a single pedestrian entry point to the development from Bunnerong Road and secured access to the parking at the rear of the site. Balconies have been oriented towards both Bunnerong Road and Wild Lane to allow for passive surveillance of these entries. The layout of communal areas has minimised opportunities for concealment.

 

The development meets the objectives for safety and security.

 

9.8 Parking and Access

 

The development meets Council’s requirements with regard to commercial and resident car parking. The proposal is deficient 2 residential visitor spaces. In the original plans submitted to Council two visitor spaces were indicated along the Wild Lane frontage. These spaces were subsequently deleted due to safety concerns raised by the AIS Department and the need to retain the existing trees at the rear of the site (raised by the Design Review Panel. The deficiency of two spaces will not result in significant additional parking demand in the area and will not exacerbate the parking deficiencies noted by residents.

 

Three bicycle parking spaces are required for a development of this size. This has not been indicated but can be accommodated within the basement (see Condition 2). The amended plans indicate the driveway width and gradient proposed from Wild Lane meet Council’s requirements, subject to conditions of consent imposed by the AIS.

 

The change of Wild Lane to be one-way has been supported by the Traffic Committee and the process of gaining RTA approval for the change has commenced. The proposal will not significantly increase traffic flow in the Lane and will address issues raised by local residents relating to traffic safety in the Lane through proposed conditions requiring the applicant to install traffic calming/ slowing devices (see Condition 62).

 

The development, subject to conditions of consent is considered to be satisfactory with regard to parking provision, traffic and access issues.

 

10.  CONCLUSION

 

The SEPP 1 objection lodged with respect to the non-compliance of the development with Council’s floor space ratio and height standards are considered to be well founded in the circumstances.

 

The proposed building is appropriate on the site given the desired future character of the area and the objectives contained within the RLEP98. The development proposes a building envelope, height and façade treatment that generally meet the relevant criteria and fulfil these objectives.

 

The proposal will not have a significant impact on surrounding properties and the non-compliances with statutory controls will not exacerbate impacts. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council assume the concurrence of the Director of the Department of Infrastructure, Planning and Natural Resources to vary the provisions of Clause 32(3) and 33(5) of the Randwick Local Environmental Plan 1998 (as amended) under State Environmental Planning Policy No. 1.

 

AND

 

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. 439/2003 to Demolish existing shop & construct new 3-4  storey building comprised of 8 units, a single commercial tenancy and at grade parking for 10 vehicles to the rear of the site and strata subdivision at 313 Bunnerong Road, Maroubra subject to the following conditions:-

 

Deferred Commencement Conditions

 

1.         Plans showing compliance with deferred commencement conditions 2-5 are to be submitted to and approved by Council’s Director of Planning & Community Development, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to operation of this consent. The overall height of the building is not to exceed a maximum RL of 34.115 for the eastern portion of the building and RL 34.89 for the western portion of the building.

 

This condition is imposed to ensure that the overall height of the building is not increased more than the required flood level.

 

 

 

 

2.         The floor level of the residential entry foyer shall be raised to a minimum RL of 23.95 (AHD).

 

3.         The shop/office located on the ground floor shall be fully tanked and waterproofed up to RL 23.95. It is noted that this will include designing the front window to withstand hydrostatic pressures from flood water up to RL 23.95. Full details of how it is proposed to tank and water proof the area shall be prepared by a suitably qualified structural engineer and submitted to the principal certifying authority for approval prior to the issuing of a construction certificate.

 

4.         A high point shall be provided along the full width of the driveway to a minimum RL of 23.41 (AHD) (as shown on the submitted drawing PMAR-01 Rev A by CHA Architects dated 24/9/2003), and a floodgate shall be provided at the carpark entrance (top of the high point) to provide protection from flooding up to at least RL 23.80 (AHD). The flood gate shall be designed by a suitably qualified engineer and shall be designed in accordance with the following minimum requirements:

 

·    The flood gates shall automatically rise when water levels gets to 300 mm below the high point in the driveway (i.e. to RL 23.11 (AHD)).

·    Provision shall be made for manual raising and lowering of the floodgates.

·    Warning alarms and lights shall be provided to indicated when the flood gates are being raised and lowered

·    The floodgates shall be constructed with a full back up system for both power supply and raising mechanism.

 

Full details of the proposed floodgates, including a maintenance/service schedule, shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

5.         The floor of the carpark shall be graded with a minimum fall of 2% towards the carpark entrance.

 

All windows, vents and other openings into the ground floor shop/office and carpark (except the access driveway) shall be above RL 23.95(AHD).

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning & Community Development, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the proposed development.
 
Development Consent Conditions

 

1.         The development must be implemented substantially in accordance with revision A of the plans drawn by CSA Architects numbered .PMAR-01 to PMAR-04 , dated 16/05/03 and stamped received by Council on 1 October 2003, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.         Three secured bicycle spaces are to be provided in the carpark level for the use of residents and visitors. Details of compliance with this condition are to be included with the Construction Certificate application.

 

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.         Approval is granted for the removal for the 2 x Syagrus romanzoffianum (Cocos palms) at the rear of the site, subject to replacement planting of two trees with a minimum height of 5 metres in the same location as these trees are removed from. Alternatively, the existing trees are to be retained and protected throughout construction. Details of methods for retention or replacement planting are to be shown on the plans submitted with the Construction Certificate application.

 

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

 

5.         External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

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.

 

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:

 

11.       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               $10,757.26

b)       for the provision or improvement of community facilities   $ 4,756.44

 

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

 

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

 

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

 

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

 

14.       A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, certifying that noise and vibration emissions from the development comply with the provisions of the Protection of the Environment Operations Act 1997 and conditions of Council’s approval.

 

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

 

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

 

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

 

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

 

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

 

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

 

18.       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.

 

19.       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 $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.

 

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

 

20.       Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

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

 

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

 

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

 

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

 

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

 

·    all of the premises adjoining the subject site

 

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

 

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

 

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

 

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

 

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

 

27.       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.

 

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 compliance with Council’s approval is to be maintained by the Principal Certifying Authority.

 

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

 

·          Sediment control measures.

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

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

 

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

 

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

 

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

 

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

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

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

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

 

33.       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.

 

34.       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.

 

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

 

a)               landscaping

b)               stormwater drainage

 

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

 

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

 

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

 

(c)      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.

 

37.       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.

 

38.       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.

 

39.       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.

 

40.       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.

 

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

 

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

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

 

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

 

43.       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.

 

44.       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”.

 

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

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

 

46.       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.

 

47.       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.

 

48.       If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

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

 

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

 

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

 

50.       A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·          any works or hoisting of materials over a public footway or adjoining premises, or

·          any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

Details of the proposed fences or hoardings 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.

 

51.       Temporary hoardings or fences and public access are required to be designed in accordance with the following requirements (as applicable):

 

·          The hoarding/fence is required to be structurally adequate, and be constructed of plywood sheeting, painted white or cyclone wire fencing material with geotextile fabric attached to the inside of the fence to provide dust control.  The hoarding/fence is to be maintained in good condition at all times.

 

·          The hoarding/fencing is required to be constructed at a minimum height of 1.8 metres.

 

·          A path of travel having a minimum width of 1.5m is to be maintained across the front of the site and safe pedestrian access is to be provided at all times

 

·          Hoardings and fences are not to obstruct access for services including fire services.

 

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

 

·          Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

           

·          The hoarding/fence is to be provided with reflective barricades, lights or other devices, to provide adequate warning to pedestrians and motorists.

 

·          The hoarding/fence is to be constructed so that it will not obstruct the view of motorists, pedestrians or traffic lights.

 

·          Site access gates to the site shall not open over the footway/road.

 

·          The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council prior to the construction of any hoarding/fence upon the road reserve/footway.

 

·          Geotextile fabric or other suitable material is to be provided to the perimeter of any scaffolding during construction, to prevent any articles from falling to a public place or adjoining premises.

 

52.       ‘B’ Class’ overhead type hoardings and public access are required to be designed in accordance with the following requirements (as applicable).

 

·          The hoarding is to be designed so that the wind loads comply with AS1170.2.  Superimposed loads from site sheds and materials not to exceed 40% of the design live loads.  The structure should have a factor of safety of 1.5 against overturning and 2 against sliding.

 

·          Footings to the hoarding are to be located and designed so as not to have an adverse affect upon underground services or the like.  The hoarding is to be able to withstand a vehicle impact and removal of any one column anywhere in the structure and a minimum length of 2m of wall supporting the deck on any one side supporting the structure is required.

 

·          Metal parts of the hoarding or associated structures to be not less than 4m from any power line, transmission line or transmission apparatus or 1.5m from part for non conductive materials, such as timber.

 

·          Adequate artificial lighting is to be provided to the hoarding.

 

·          A suitable system of buffer railing or barriers, particularly at locations such as an intersection or sharp bend.

 

·          A minimum overhead clearance of 2.2m is to be provided below the hoarding.

 

·          The street side of the hoarding is to be open for at least 2/3 of its full height for the length of the structure to prevent a tunnel effect.

 

·          Waterproofing of the deck above the footway is required to be provided and adequate provisions are to be made for the disposal of stormwater.

 

·          The hoarding is to be painted white or other light colour acceptable to Council.

 

·          Site sheds or accommodation located on top of a hoarding within a designated crane area or where materials are being lifted over are required to sustain a 10Kpa load and a protective fence and handrails are to be provided.

 

·          The hoarding is to be erected and maintained fully in accordance  with the requirements of Work Cover New South Wales.

 

·          Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

 

·          A certificate of structural adequacy prepared by a professional engineer is to be submitted to the certifying authority upon installation (and a copy of the certificate is to be forwarded to the Council if it is not the certifying authority) certifying the structural adequacy of the hoarding and compliance with Councils conditions of consent and relevant requirements of WorkCover New South Wales.

 

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

 

53.       Access and facilities for people with disabilities must be provided in accordance with the relevant provisions of the Building Code of Australia.

 

54.       Access for persons with disabilities, being provided to the premises, in accordance with Part D3 of the Building Code of Australia.  Details of compliance are required to be provided in the relevant plans and specifications for the construction certificate for the development.

 

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

 

55.       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 ensure adequate environmental protection.

 

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

 

·          Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

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

 

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

 

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

 

a)         $2000.00         -           Security damage deposit

 

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

 

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

 

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

 

a)         $1000.00         -           Vehicular crossing deposit

 

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

 

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

 

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

 

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

 

b)   Remove the redundant concrete vehicular crossing and layback along the Anzac Parade site frontage and to reinstate the area with footpath and kerb and gutter to Council's specification.

 

c)   Remove the redundant vehicular crossings and layback along the Wild Lane site frontage and construct new kerb and gutter as required. It is noted that this may necessitate 600mm road reconstruction along the site frontage and re-turfing of the verge.

 

d)   Construct a new full width concrete footpath along the Bunnerong Road site frontage.

 

61.       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.

 

62.       The applicant shall meet the full cost for the design and construction of traffic controlling/speed slowing devices in Wild Lane to improve safety for vehicles entering and exiting the site. The required traffic calming measures shall be determined by the Randwick Traffic Committee and may include (but not necessarily be limited to) road narrowing, warning signage, sighting mirrors and/or raised threshold/s.

 

The traffic controlling/speed slowing devices shall be installed prior to the issuing of an occupation certificate. The applicant is advised to liase with Council’s Traffic Engineer on 9399 0914 regarding this matter.

 

63.       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.

 

64.       To improve pedestrian and vehicular vision at the site entrance/exit point, all new walls/structures/planting adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level (for at least the first 1.5 metres) or splayed a minimum 1.5 metre by 1.5 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

65.       Clear ‘stop’ signage and line marking shall be provided along the site boundary at the exit point from the site. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

66.       The internal driveway shall be splayed out from the building alignment on the southern side of the carpark entrance so that the width of the driveway at the property boundary is at least 5.5 metres.

 

67.       A work zone is to be provided in Bunnerong Road for the duration of the construction works.  The ‘work zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the work zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

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

 

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

 

·    In Anzac Parade - Match the back of the existing footpath along the full site frontage.

·    In Wild Lane –150 mm above the invert of the existing gutter at all points opposite the gutter along the full site frontage.

 

Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0919.

 

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

 

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

 

70.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $702 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

71.       The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access. 

 

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

 

72.       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.

 

73.       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.

 

74.       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.

 

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

 

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

 

76.       All sections of the lobby area located below RL 23.95 (AHD) are to be constructed using materials that will not be adversely affected by flooding/stormwater inundation.

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the issuing of an occupation certificate for the development.

 

78.       There are to be no electrical connections nor the storage of any goods that may be affected by stormwater below RL 23.95 (AHD) within the lobby area.

 

79.       A restriction to user shall be attached to the title of the subject development which prohibits the storage of any goods and the installation of any floor coverings, wall coverings and fixtures (including electrical connections) that may be adversely affected by stormwater inundation, below RL 23.95 (AHD) in the front lobby area. The proposed restriction shall be submitted to Council for approval prior to the issuing of an occupation certificate and the restriction shall be attached to the title of the property when the strata plans are registered with the Land and Property Information.

 

80.       All doors, walls and windows on the ground floor level along both the Bunnerong Road and Wild Lane site frontage shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from flood water during the probable maximum flood event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

81.       All components of the disabled access platform constructed below RL 23.95 (AHD) shall be fully water proofed. Any components that may be adversely affected by stormwater inundation shall be located above RL 23.95 (AHD). Full details and specifications of the low rise lifts showing compliance with the above requirement shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

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

 

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

 

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

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

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

 

83.       On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

84.       All site stormwater leaving the site must be discharged by gravity to Council’s underground drainage system in Bunnerong Road.

 

85.       The applicant must provide for a detention volume of up to the 1 in 100 year storm event should no formal overland escape route be provided for storms greater than the design storm.

 

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

 

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

 

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

 

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

 

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

 

90.       Should a pump system be required to drain any portion of the site, the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to this pit stating that:

 

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

 

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

 

92.       A reflux valve shall be provide over the pipe draining from the site into the sediment/silt arrestor pit to prevent stormwater from Council’s underground drainage system draining back into the subject development site.

 

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

 

94.       Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)         The location of the detention basin with finished surface levels;

b)         Finished site contours at 0.2 metre intervals;

c)         Volume of storage available in the detention areas;

d)         The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

e)         The orifice size(s) (if applicable); and

f)          Details of any pumping systems installed (including wet well volumes).

 

95.       Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

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

 

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

 

97.       Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and commercial components of the development site, post construction.

 

98.       The residential garbage room shall be sized to contain a total of 8 x 240 litre garbage bins whilst providing satisfactory access to all bins.

 

99.       Details showing the proposed location for storing the retail garbage bins shall be submitted to the certifying authority for approval prior to the issuing of a construction certificate. It is noted that the retail garbage should be kept separate from the residential garbage.

 

100.     The garbage storage areas are to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

101.     A “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of any future plan of subdivision or strata subdivision for this property.  Such restriction and positive covenant shall relate to the onsite stormwater detention system and shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

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

 

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

 

102.     The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

103.     The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the strata subdivision.

 

104.     The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

 

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

 

105.     The landscaped areas shown on the submitted plan number LA01, Revision A, by Taylor Brammer Landscape Architects dated 20/8/2003 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The applicant is advised that Council’s Landscape Technician does not support the proposed tree planting in the centre courtyard as there is insufficient soil depth to properly accommodate a tree at maturity. The plans should be amended to show the deletion of trees from this area, with suitable alternatives such as native shrubs, tree ferns and similar to be used in their place.

 

h.         The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species, which require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

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

 

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

 

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

 

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

 

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

 

109.     Approval is granted for the removal of the following trees.

a.   1 x Lagerstroemia indica (Crepe Myrtle)

b.   1 x Ulmus sp (Chinese Elm)

 

110.     A refundable deposit in the form of cash or cheque for the amount of $2,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

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.

 

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

 

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

 

a)         Part C3                        -           Protection of openings

b)         Part D2                        -           Construction of exits

c)         Part D3                        -           Access for people with disabilities

d)         Clause D3.5                 -           Car parking for people with disabilities

e)         Part E1                 -                  Fire fighting equipment

f)          Part E4                          -          Emergency lighting, exit signs & warning

                                                            systems

g)         Part F4                           -         Light and ventilation

h)         Part F5                           -         Sound Transmission and Insulation

 

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

 

ATTACHMENT/S:

 

A4 Reductions

 

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

25 October, 2003

FILE NO:

DA498/03A4

 

PROPOSAL:

 Alterations and additions to semi detached dwelling including first floor addition

PROPERTY:

 87 Beach Street Coogee

WARD:

 North Ward

APPLICANT:

 Cape Cod Australia

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The proposed development entails alterations and additions to the existing semi detached dwelling to provide for minor internal alterations to the existing ground level and a first floor addition comprising a living room and bathroom opening onto a tiled deck.

 

The application has been referred to Council for determination at the request of Councillors Backes, Sullivan and Tracey, Matson, Notley-Smith and Whitehead.

 

The main issues are whether or not the proposed additions are appropriate, particularly in respect of the resultant bulk and scale of the development and particularly the likely resultant loss of light and views to nearby properties.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal details internal alterations to the existing ground level to provide of a new laundry and the removal of some internal walls to provide for open plan living areas, and the erection of a timber frame, tile roof first floor addition comprising a living room, and bathroom with a tiled deck to the rear. The proposed additions will provide for 48sqm of additional floor area to the dwelling.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The locality is residential in nature and contains a mixture of semi detached and free standing dwellings and multi unit housing development. The immediate locality as a whole is also within the Foreshore Scenic Protection area.

 

The subject premises is on the north eastern corner of Beach and Moore Streets and forms half of a pair of semi detached dwellings and has overall site dimensions of 6.095m x 34.57m with an overall area of 211sqm, the site falls from the Beach Street frontage with a difference in levels of up to 2.5m. Vehicular access is provided from the Moore Street frontage.

 

4.    HISTORY OF APPLICATION

 

The proposal has been amended from the originally lodged application to reduce the extent of the deck to the rear of the upper level and the overall height of the roof of the upper level.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with Council’s DCP – Public Notification 1998.

 

The following submissions were received:

 

L & A Sutherland of 2 Moore Street Coogee

 

-advise that they have no objections to the proposed development.

 

K & M Deacon of 81 Beach Street Coogee

 

-the depth of the rear deck is excessive.

-there will be an impact upon views.

-the harmony of the streetscape will be impacted upon.

-the controls of the LEP should be monitored closely.

 

J & D Buchanan of 83 Beach Street Coogee

 

-very strongly objects to the proposal in that it will result in a loss of amenity to their premises.

-the overall bulk and scale of the development will result in loss of light and views from their home.

-the present building is already an overdevelopment of the site.

-the floor space ratio of the dwelling will exceed the maximum in the DCP.

-the design of the upper level could lead to it being used for separate occupation.

-the proposal does not comply with Clause 31, 32 & 33 of the LEP.

-no SEPP 1 Objection has been lodged with respect to non compliance with the LEP controls.

-the roof height should be reduced, and a flat roof design would be more appropriate.

-the overall length of the addition should be reduced in length by at least a third.

 

V Logan owner of 85 Beach Street Coogee

 

-the proposed deck to the rear upper level will result in a loss of privacy to the rear yard of the adjoining premises.

-it is unclear as to whether the level of the existing deck above the garage will be altered.

-overall the development will reduce the visual amenity and privacy of the rear garden.

 

Comment:

 

As a result of these objections discussions were held between the applicant’s Architect and Council Officers, and the plans were amended to reduce the depth of the proposed deck by 2.5m and the overall roof height lowered by 500mm. The owners of the adjoining premises were again notified and the following further responses were received.

 

K & M Deacon of 81 Beach Street Coogee

 

-notes that the rear deck has been reduced in length.

-the party wall extension which provides screening to the wall will result in view loss.

 

J & D Buchanan of 83 Beach Street Coogee

 

-notes that the overall height of the addition has been reduced however, maintains the original general objections.

 

Comment:

 

Clause 31, 32 & 33 of the LEP do not apply in this instance in that those controls are only for buildings other than a dwelling house, and accordingly a SEPP 1 Objection is also not required. It is considered that the proposed amendments to the proposal will address the original concerns of the objectors with respect to impact upon amenity, loss of privacy and loss of view towards the south. The proposal does not comply with the preferred solution of the DCP with respect to floor space ratio, however it is considered that on balance the overall objectives and performance requirements of the DCP are complied with in that the bulk and scale of the proposal will not be inconsistent with surrounding development, which includes numerous two storey buildings and substantial multi unit housing development. The existing deck to the garage roof will remain unaltered as part of this proposal. A condition of consent is included noting that the upper level is not to be used for separate occupation without the prior consent of Council.

 

6.    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 2B under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

6.1  Policy Controls

 

Development Control Plan for Dwellings 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.

 

 

 

 

 

 

 

 

 

 

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

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S2.8  North-facing windows to living areas 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.

Not applicable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not applicable

 

 

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

FLOOR AREA

P1 Building bulk must be compatible with surrounding built forms and must minimise adverse effects of bulk on neighbours, streets and public open space

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies

Does not comply with a floor space ratio of 0.74:1, however given the nature of the surrounding development which contains buildings of similar bulk and scale it is considered that the objectives and performance requirements of the DCP are satisfied.

 

 

 

 

 

 

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, with an external wall height of 7.8m However there are no objections in that the degree of non compliance is not substantial and there will not be any significant adverse impact upon the amenity of the adjoining premises.

 

 

 

Not applicable

 

 

Not applicable

 

 

Complies

 

N/A

 

 

N/A

 

 

 

 

 

 

 

 

 

Complies

 

 

 

Complies

 

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 Setback

 

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.

 

 

 

Unaltered

 

 

 

 

 

 

Complies

 

 

 

 

The preferred solutions are not complied with, however given that the southern boundary adjoins Moore Street rather than another premises there are no objections in this instance. The siting of the first floor up to the party wall upon the northern boundary is consistent with additions to semi detached dwellings which is necessary to maintain fire separation between the two dwellings and will not result in any impact upon the amenity of the adjoining premises.

 

 

 

 

 

 

7.    ENVIRONMENTAL ASSESSMENT

 

The proposed alterations and additions to the existing semi detached dwelling complies with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of the DCP for Dwellings and Attached Dual Occupancies and will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the locality.

 

It is noted that the preferred solution of the DCP are not complied with, in regards to floor space and the external wall height of the building, however as has been discussed the overall objectives and performance requirements of the DCP are satisfied in that the bulk and scale of the building will not be incompatible with the nature of the surrounding development.

 

There will not be any loss of privacy to the adjoining premises and whilst there will be some loss of district views to the south the extensive coastal views will remain unaffected.

 

With regards to the impact upon the aesthetics of the Foreshore Scenic Protection area, the immediate area contains a wide variety of building style and forms and it is considered that the proposed development can be accommodated without any adverse impacts upon the aesthetics of the locality.

 

8.    CONCLUSION

 

The proposal satisfies the relevant assessment criteria and the relevant objectives, performance requirements and preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies and will not result in any significant adverse impact upon the amenity of the adjoining and nearby properties.

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.498/03 for permission to carryout alterations and additions to the existing semi-detached dwelling at 87 Beach Street Coogee subject to the following conditions: -                 

 

1          The development must be implemented substantially in accordance with the amended plans numbered 4544/03, dated 13th August 2003 and received by Council on the 14th August 2003, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

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

 

3          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.

 

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

 

5          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 noted 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:

 

6          Surface water/stormwater must be drained and discharged to the street gutter or a suitably designed absorption pit and details are to be included in the construction certificate details for the development.

 

Absorption pits or soaker wells must be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance.

 

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 & Community Development prior to commencement of works.

 

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

 

7          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.

 

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

 

9          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        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 $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 / Notice of Intention to commence building work.

 

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

 

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

 

14        The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person 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 or, upon finalisation of works if no occupation certificate is issued.

 

15        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.

 

16        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.

 

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

 

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

 

18        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.

 

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

 

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

 

20        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 Configuration plans

 

 

 

 

 

 

………………………………

………………………………

 

PERRY HEAD

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

25 October, 2003

FILE NO:

DA 875/03A4 reduced plans

 

PROPOSAL:

 Demolition of existing dwelling and erection of a new two storey dwelling with garage beneath

PROPERTY:

 73A Mount Street Coogee

WARD:

 East Ward

APPLICANT:

 C M Hairis Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The Development Application involves the demolition of the existing dwelling and erection of a new two storey brick tile roof dwelling with basement garage/store.

 

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

 

The main issues relating to the application are the impact of the new two storey dwelling upon the amenity of the residents of the surrounding multi unit housing developments.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application details the demolition of the existing dwelling and the erection of a new two storey brick, tile roof dwelling with basement garage/store. The dwelling will comprise living areas, kitchen, utility and guest bedroom at ground floor level and three bedrooms and two bathrooms at first floor level. The dwelling will provide for a total of 290sqm of gross floor area, including the garage/store allowance in excess of 40sqm.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The locality is residential in nature and contains a mixture of dwellings and multi unit housing development, although in this section of Mount Street multi unit housing is the most predominant form of buildings.

 

The subject premises is on the eastern side of Mount Street and has overall dimensions of 12.019m x 28.955m with an area of 348sqm, the site falls from the rear towards the street frontage with a difference in levels of up to 2m. At present there is a single storey brick, tile roof dwelling on the site. The subject premises is also entirely surrounded by four storey multi unit housing developments.

 

4.    SITE HISTORY

 

There are no other relevant matters relating to this premises.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

5.1  Objections

 

Century 21 Bondi Beach on behalf of the owners of SP 4067 75 Mount Street Coogee

 

-objects to the proposal in that the excavation for footings may have an adverse impact upon the health of the existing trees on their premises.

S Salamon of 8/73 Mount Street Coogee

 

-the proposed pitch roof is non compliant with the Randwick DCP for Dwellings in that it does not fit into the surrounding environment and recognize the view corridor.

-the proposed pitched roof will reduce the amount of natural light entering their unit.

-the rear boundary setback of the building does not comply with the DCP with respect to adequate natural light to their premises.

 

K Locke & P Cribb owners of 9/73 Mount Street Coogee

 

-the outlook from the windows within their unit will be compromised by the two storey development.

-there will be a reduction in the amount of natural light to their unit.

-the pitched roof does not comply with the DCP and should be a flat roof.

-the design of the roof does not allow for view sharing.

-the rear setback of the dwelling fails to comply with the DCP in that it will not allow adequate access to natural light and share of views.

-the proposal represents multiple breaches of Council’s Controls.

 

D Allaous owner of 2/73 Mount Street Coogee

 

-the proposed two storey dwelling will have an impact upon the outlook from their unit.

-the pitched roof will block outlook from windows.

 

Comment:

 

With respect to the impact upon trees to the adjoining premises, the primary excavation for the basement garage will be up to 3m from the boundary, which is considered adequate to maintain the health of the trees. With respect to the excavation for the dwelling, the means of construction would be either of pier and beam footings, or concrete slab on ground which in any event does not require major excavation works.

 

It is not considered that an argument could be made that the erection of this two storey dwelling, which complies with the overall objectives and performance requirements of the DCP, could have a significant adverse impact upon the amenity of the residents in the four level residential flat building which surrounds the subject premises that would warrant either the refusal of the application, or major amendments to the proposal. There will be some loss of outlook across the roof of the existing dwelling towards the neighbouring four storey multi unit housing development, however the degree of impact is not considered significant given the quality of the outlook.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the Director of Assets and Infrastructure for comment, standard conditions have been provided with respect to landscaping, drainage and footpath crossings.

 

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

 

7.1  Policy Controls

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

FLOOR AREA

P1 Building bulk must be compatible with surrounding built forms and must minimise adverse effects of bulk on neighbours, streets and public open space

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies

Does not comply with a floor space ratio of 0.82:1, however given that the site is surrounded by four storey multi unit housing development it is considered that the objectives and performance requirements of the DCP are complied with in that the bulk and scale of the building will not be incompatible with the adjoining development.

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.

 

 

 

 

 

 

 

 

 

 

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

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S2.8  North-facing windows to living areas 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.

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 .

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.

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Condition of consent applied

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 - 171 m2

 

 

129m2 Soft Landscaping Provided

 

Complies

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

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.

 

Complies – 6.7m

 

 

 

Complies

 

 

 

 

 

 

 

 

N/A

 

 

N/A

 

 

N/A

 

 

Complies

 

 

 

 

 

 

 

 

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 Setback

 

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.

 

 

 

Complies

 

 

 

 

Complies

 

 

 

 

 

 

Ground:

East West

1.48-5m     0.9-1.52m

First Floor:

1.48-5m    0.9-1.52m

Side boundary setbacks do not comply, however there are no objections in this instance in that the degree of non compliance with the northern boundary setback is not significant and the setback to the southern boundary for the majority of the building length satisfies the preferred solution.

 

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

 

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

enable the efficient use of car spaces.

safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

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

 

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

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

 

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

 

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

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

 

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

 

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

 

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

 

 

 

Complies

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

Not applicable

 

 

 

 

 

 

Complies

 

46% of frontage does not comply, there are however no objections in that the impact upon the streetscape is mitigated by the proposed planting and landscaping treatment within the front yard of the dwelling.

 

 

 

 

N/A

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).

Does not comply, however the proposed new front fencing is a maximum of 1800mm in height and is sited 1m from the front boundary and extends only 3.8m across the site. Given that there are a variety of fencing forms in this street there are no objections to the proposed front fence

 

 

 

 

 

 

 

 

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.

 

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 of the DCP is that the floor space ratio for an allotment of this area is 0.65:1, however the proposed dwelling satisfies the objectives and performance requirements of the DCP in that the bulk and scale of the dwelling will not be inconsistent with surrounding four storey multi unit housing development.

 

Building Setbacks

 

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

 

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

 

The proposed dwelling does not comply with the preferred solution side boundary setbacks of 1500mm at first floor level, however the objectives and performance requirements of the DCP are complied with in that the siting of the dwelling 1480mm to the northern boundary, and for the majority of the length of the dwelling 1520mm from the southern boundary will ensure that there is adequate access to sunlight, daylight and fresh air to the occupants of the adjoining development. It should also be noted that the proposed dwelling is separated from the adjoining multi unit housing development by driveways adjoining each side boundary.

 

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 proposed width of the garage and driveway exceeds the preferred solution width of less than 35% of the width of the frontage, however the impact upon the streetscape is mitigated by the proposed planting and landscaping treatment within the front yard area of the site.

 

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.

 

There is a proposed boundary fence 1800mm in height sited 1m from the front boundary and extending across the site by 3.8m. The immediate locality contains a variety of fencing forms and this proposed fence to a portion of the front of the dwelling can be adequately accommodated within the streetscape.

 

9.    CONCLUSION

 

It is considered on balance that the proposed new dwelling complies with the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the locality.

 

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

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.875/03 for permission to demolish the existing dwelling and erect a new two storey dwelling at 73A Mount Street Coogee subject to the following conditions: -

                                                                                                           

1          The development must be implemented substantially in accordance with the plans numbered  01- 07 inclusive, dated September 2003, and received by Council on the 24th September 2003, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

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

 

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

 

5          The width of the driveway crossing and driveway is to be reduced to a maximum width of 4m to reduce the extent of hard surface to the front of the premises. Plans accompanying the Construction Certificate are to be amended accordingly.

 

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          Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the Director of Planning & Community Development, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued.

 

Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.

 

The following group of conditions have been applied to ensure that adequate provisions are made for vehicular access, parking and public infrastructure:

 

10        All crossings, repairs and ancillary works on the footway and roadway are to be carried out by the Council and the cost borne by the applicant.  A statement, prepared by the applicant or owner of the premises is to be obtained and submitted to the Council, detailing the condition and status of the roadway, footway, vehicular crossings, nature strip and public place adjacent to the premises, prior to the commencement of any works on the site and also upon completion of the works.

 

The statement is to include details of any existing damage to the roadway, footway, vehicular crossing, nature strip or public place prior to the commencement of works and details of any damage caused to the roadway, footway, vehicular crossings, nature strip or public place, as a result of the works or any associated building activities, for assessment and determination by Council.

 

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:

 

11        Surface water/stormwater must be drained and discharged to the street gutter or suitable absorption pit and details are to be included in the construction certificate details for the development.

 

Absorption pits or soaker wells must be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance.

 

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.

 

12        The finished ground level outside of the building is required to be a minimum of:

 

·          150mm below the internal floor level of the building, or,

·          100mm below the internal floor level of the building in sandy, well drained areas, or,

·          50mm below the internal floor level of the building where an external paved area or slab is provided adjacent to the building, which is graded not less than 50mm over the first 1m away from the building,

 

Details of stormwater drainage are to be provided in the plans / specifications for the construction certificate.

 

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

 

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

 

14        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.

 

15        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.

 

16        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.

 

17        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.

 

18        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 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:

 

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

 

20        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.

 

21        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 or, upon finalisation of works if no occupation certificate is issued.

 

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

 

a)         car parking and vehicular access

b)         landscaping

c)         stormwater drainage

d)         external finishes and materials

 

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

 

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

 

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

 

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

 

25        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

 

26        Noise and vibration 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.

 

27        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.

 

28        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.

 

29        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.

 

30        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”.

 

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

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

 

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.

 

32        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.

 

33        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.

 

34        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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)         $1000.00         -           Vehicular crossing deposit

 

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

 

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

 

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

 

a)   Reconstruct the concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site, including associated gutter & roadworks to improve vehicular access.

 

38        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.

 

39        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: