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

 

25th 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, 2ND DECEMBER, 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, 18 TH NOVEMBER, 2003.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                      

DEVELOPMENT APPLICATION REPORT - 134 BROOK STREET, COOGEE.

2

 

5.2                      

DEVELOPMENT APPLICATION REPORT - 260 - 260A MAROUBRA ROAD, MAROUBRA.

12

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 335 MAROUBRA ROAD, MAROUBRA.

66

 

5.4                      

DEVELOPMENT APPLICATION REPORT - 34 TORRINGTON ROAD, MAROUBRA.

77

 

5.5                      

DEVELOPMENT APPLICATION REPORT - 8 BLOOMFIELD STREET, COOGEE.

92

 

5.6                      

DEVELOPMENT APPLICATION REPORT - 6 BLOOMFIELD STREET, COOGEE

136

 

 

6           General Business

 

7           Notice of Rescission Motions

 

 

 

…………………………………

GENERAL MANAGER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

18 November, 2003

FILE NO:

D0247/2002

 

PROPOSAL:

 Section 96 Modification to amend RLs to raise building by 300mm and to adjust south-eastern elevation to reflect second level floor plan

PROPERTY:

 134 Brook Street Coogee

WARD:

 East Ward

APPLICANT:

 St Judes Property Investments

 

 

 

 

 

 

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 Judy Greenwood, Murray Matson, Bruce Notley-Smith.

 

The modification seeks to clarify a discrepancy between the approved floor plans and elevation plans and to raise the finished building level by 300mm. The modifications are minor in nature and are unlikely to have an adverse impact on the streetscape or amenity of adjoining property owners.

 

The Section 96 application is recommended for approval subject to conditions of consent.

 

2.    THE PROPOSAL

 

The proposal is for a Section 96 modification of the approved plans. Specifically two modifications are proposed:

 

1.         Raise the top parapet height by 300mm from approved RL 40.75 to RL 41.05.

 

This increase in height is to allow for an alternative structural design for the building whereby an increase in diameter of the piles would otherwise be necessary.

 

2.         Amend the south eastern elevation to match the floor plans whereby the balustrade does not extend the full length of the deck.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Brook St north of the intersection with Carr St. The site is regularly shaped with a frontage to Brook St of 11.43m and a site depth of 50.75. The total site area is 580.1sqm. The site is currently vacant as the consent has been commenced with the demolition of the original dwelling house.

 

Adjoining the subject site to the north is a three-storey multi unit development with under croft parking. To the south of the site is a two-storey townhouse development. To the southwest is a two storey multi unit development and further to the west a two storey dwelling house both of which address Carr St and abut the southern boundary of the subject site. To the rear of the site (west) is a three-storey multi unit development that addresses Kidman St.

 

4.    SITE HISTORY

 

a.         APPLICATION HISTORY

 

Approval was granted for demolition of an existing single storey detached dwelling house and erection of a three storey multi unit housing development containing 5 dwellings with basement parking for 8 vehicles at the Health, Building and Planning Committee of the 13 August 2003. Consent was issued subject to 95 conditions of consent.

 

The subject application was lodged on the 19 August 2003 however there was a noted discrepancy between the approved plans and the modifying plans beyond the scope of the Section 96 including an error in the increase in height between the northern and eastern elevations. Further, there were aspects of the modification which were not considered acceptable such as a new retaining wall and change to the extent of basement and associated excavation.

 

Amended plans were submitted with the retaining wall and change to the basement deleted and the discrepancies in floor to ceiling height and the overall height increase clarified.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the public Notification of Development Proposal and Councils Plans Development Control Plan. The following submissions were received:

 

J Lovell

c/o K & W Nixon

Suite 401, 9-12 Clarke St

Crows Nest NSW 2065

 

·     A number of errors are noted on the plans.

 

Comment

 

The errors were identified on the plans and accordingly amended plans were requested, these were submitted on the 11 November 2003.

 

·     Loss of deep landscaping

 

Comment

 

The applicant deleted modifications seeking to vary the extent of basement parking and associated excavation, which would have reduced the amount of landscaped area. The basement remains as per the approved plans and is not modified by this Section 96 application.

 

·     The height increase seems unreasonable

 

Comment

 

The height increase relates to a structural design change whereby the approved building would need piles of a greater diameter which would increase construction costs. The height increase of 300mm is considered to be minimal and unlikely to be noticeable therefore not considered to be unreasonable.

           

 

·     The lift over run is being increased and will affect outlook

 

Comment

 

The lift over run is not being modified under the amended plans dated 10 November 2003. Outlook was considered as an issue as part of the original application and views enjoyed were not considered sufficient reason to refuse or reduce the height of the proposal.

 

·     No consent has been issued for the new retaining wall.

 

Comment

 

The retaining wall has been deleted from this application and is no longer a matter for consideration. The objector was advised of this in a meeting with the assessing officer on the 18 November 2003.

 

·     The shown retaining wall will affect the tree roots of the incorrectly noted Norfolk Pine.

 

Comment

 

The retaining wall is no longer proposed as part of this application per the amended plan dated 10 November 2003. Any future proposals for a retaining wall or additional excavation would need to comply with tree protection conditions included as part of the original consent.

 

C Alder

10/14-24 Kidman St

Coogee

 

·     Loss of ocean views request a lowering of height

 

Comment

 

The current application seeks to increase the height of the parapet to achieve a preferred structural design, lowering the height is not sought under the current modification. The proposed building is below the permissible height for the zone therefore any increase in height can be considered. View loss as an issue was addressed in the original report prepared for the Health, Building and Planning Committee meeting of the 13 August 2002. The views enjoyed by 14-24 Kidman St were considered to be distant and restricted by surrounding buildings, the level of view loss was considered to be acceptable. An increase in height of 300mm is not a significant increase and is still within the height requirements of the LEP 1998 therefore view loss will not warrant refusal of this application.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application was referred to Assets and Infrastructure for Landscaping comments however given the amended plans deleted reference to a retaining wall and did not seek to increase the level of basement excavation the comments provided in relation to the Norfolk Pine are not relevant.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

7.1       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. The proposed changes do not seek to vary any of the assessment criteria contained in the LEP.

 

7.2 Development Control Plan  - Multi-Unit Housing

 

The proposed changes do not affect the development controls of the DCP other than for overall height.  The proposed maximum RL of the building is below the permissible height of 12m.

 

7    SECTION 96 AMENDMENT

 

7.1 Substantially the same

 

The proposed changes seek to minimally increase the height of the proposed building and to amend an elevation in keeping with the approved floor plans. These changes are minor in nature and do not constitute a significant variation from the proposal as originally sought. The modification results in a development substantially the same.

 

7.2 Consideration of submissions

 

The submissions made as part of the notification period have been previously addressed under Community Consultation section of this report.

 

8    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1 Height

 

The proposal will result in an overall increase in the finished RL of the parapet roof of 300mm and resultant increase in height for the lift run. The final RL will be increased from 40.75 to 41.05 for the parapet.

 

The permissible height for the building is an external wall height of 10m with an overall height of 12m. The proposed external wall height is 8.8m which complies with the 10m maximum external wall height. The overall height excludes the lift overrun as it does not require strict compliance with the height requirements as per Clause 33 (6) Building Heights where service installations may exceed the specified height limits. Including the lift over run the maximum height is 11.7m which still complies with the overall height requirement.

 

The additional height of 300mm will not be readily apparent from the street and will result in a building with a consistent height to the adjoining properties within the streetscape.

 

8.2 Overshadowing

 

Whilst amended shadow diagrams were not submitted for the proposed increase in height, it is considered that the additional level of overshadowing will be minimal. The original plans were considered to have negligible impact to neighbouring properties as the adjoining properties to the south are elevated some 3m above the subject site such that north facing windows are not adversely affected.  The rear yard of No 47 Carr Street will be partially overshadowed until midday on the winter solstice and satisfies the preferred solution for solar access.  An additional 300mm will increase this shadow only slightly and not to any significant or unreasonable extent.

 

8.3 View loss

 

Views are currently enjoyed by buildings to the south-eastern side of Kidman St predominantly Nos 28, 26 & 14 Kidman St. These views are enjoyed over the rooftop of 134 Brook St and through a narrow view corridor between 134 Brook St and 51 Carr St.

 

An additional 300mm of height to the subject building is considered to be a minor increase and will only minimally impact on the available views.  Given the compliance of the development with the height controls and the distant secondary and generally restricted nature of the views available, the proposed increase in height and its impact on views is considered acceptable.

 

9    CONCLUSION

 

The proposed modifications to the approved plans sought as part of this application are minor in nature relating to a minimal increase in height and an amendment to the southern elevation to correspond to the approved floor plans. These modifications will not affect the character or quality of the streetscape, the built form of the dwelling or the amenity enjoyed by adjoining property owners. The modifications are consistent with the assessment criteria contained within Randwick Local Environmental Plan 1998 and Multi Unit Housing Development Control Plan.

 

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.0247/02 on property 134 Brook Street, Coogee, in the following manner:

 

Amend condition No. 1

 

1.         The development must be implemented substantially in accordance with the plans prepared by Adrian Winton Architects Drawing Nos. 1 to 11 and the Landscape Plan dated May 2001 ad March 2002 and received by Council on 22 March 2002, as amended by Drawings 2, 3, 4, 5, 6 and 8 dated 8 July 2002 and dated as received by Council on 11 July 2002, and on the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered 0105-01 010 South & West Elevations, 0105-01 010 Issue 2 East & North Elevations & 0105-01 002 Issue 2 Car parking Floor Plan, dated May 2001 & March 2002 and received by Council on 10 November 2003, only in so far as they relate to the modifications 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:

 

ATTACHMENT/S:

 

Architectural drawings

 

 

 

 

 

 

………………………………

………………………………

 

AOIFE wYNTER

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

19 November, 2003

FILE NO:

D/1068/02

 

PROPOSAL:

 Demolition of two existing dwelling houses and the construction of a three storey multi unit housing development containing 3 x 1 bedroom dwellings and 6 x 2 bedroom dwellings with associated basement car parking for 13 vehicles.

PROPERTY:

 260 - 260A Maroubra Road, MAROUBRA  NSW  2035

WARD:

 Central Ward

APPLICANT:

 CSA Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is valued at $1.8 million and is referred to the Health Building and Planning Committee at the request of Cr Dominic Sullivan (Mayor) Cr Chris Bastic and Cr. Michael Daley.  The application was submitted to Council on 13 November 2002.  In discussion with Council’s assessment officers, the applicant has amended the scheme to ensure consistency with the objectives and performance criteria of the DCP – Multi-unit Housing, DCP – Parking and SEPP 65. 

 

Principal amendments have included the ‘breaking up’ of the proposed above-ground building form into two distinct above-ground buildings separated by an area of landscaped open space and the introduction of an area of landscaped open space to occupy the site’s mid-section.  Variations to the proposed building height and side elevations have also been introduced to improve the appearance of the proposal and mitigate potential overshadowing and privacy impacts for the adjoining residential properties. 

 

The amended proposal complies with the relevant development standards for landscaped area, floor space and building height.  The relatively narrow width of the site presents a significant constraint that the applicant has sought to address in the amended plans submitted to Council.  Despite demonstrating non-compliances with the Preferred Solutions for building setbacks of the DCP - Multi-unit Housing, the amended proposal satisfies the Objectives and Performance Requirements of the DCP and is considered to be acceptable in the circumstances.  The recommendation is for approval subject to conditions of consent.

 

2.    THE PROPOSAL

 

The proposal is to demolish the two existing semi-detached dwellings on the site and to erect a three-storey multi-unit housing development containing 3 x one-bedroom dwellings and 6 x two-bedroom dwellings and basement car parking for 13 vehicles.  The proposed development is split into two building forms separated by an area of landscaped open space located within the site’s mid-section.  Driveway access to the site is proposed from Maroubra Road along the site’s western boundary.  The proposed driveway access retains the location of the existing vehicle cross-over.  

 

3.    THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is located on the northern side of Maroubra Road.  The site comprises two allotments fronting Maroubra Road and Galvin Street.  The site currently contains a pair of single-storey semi-detached dwellings.  The site is located in proximity to the Maroubra Junction Town Centre and Anzac Parade.

 

The combined area of the two properties is 920.0m².  This includes an area of 62.7m² designated as road widening zone along the site’s Galvin Street frontage.  Excluding the road widening zone, the available site area is 857.3m².  The site is 13.7m wide and 62.5m deep, excluding the 4.6m deep road widening zone at the Galvin Street frontage.   The site generally slopes downwards from the Galvin Street frontage and the western side boundary.  Vehicular access to the site is currently provided from Maroubra Road along the site’s western side boundary.   

Properties adjoining the site to the east and west are zoned 2C Residential.  No. 262 Maroubra Road adjoins the site to the east and contains a brick three-storey residential flat building with under croft car parking.   The site is adjoined to the west by a pair of single-storey semi-detached dwellings fronting Maroubra Road (No. 258 Maroubra Road) and a two-storey dwelling house fronting Galvin Street (No. 21 Galvin Street). 

 

Properties to the south on the opposite side of Maroubra Road are zoned 2C Residential.  The surrounding portion of Maroubra Road is characterised by a mix of low and medium density housing forms, including numerous multi-unit housing developments.  Properties to the north of the site on the opposite side of Galvin Street are zoned 2A Residential and generally comprise large dwelling houses.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

DA 387/98             To erect a 3 storey RFB containing 12 dwellings and parking for 16 vehicles - Refused

 

The current application was submitted to Council on 13 November 2002 and has since been subject to a number of amendments.  The current application includes amended drawings received by Council on 17 September 2003.

 

5.    COMMUNITY CONSULTATION

 

The proposal has been notified and advertised in accordance with the Randwick Local Environmental Plan 1998 and Council’s DCP – Public Notification. 

 

5.1  Objections

 

6 objections were received in response to the original application, including a petition signed by 28 people and 5 individual letters.  The concerns raised are summarised below.

 

Concerns:

 

1.   The site is too narrow.

2.   Detrimental impacts on the privacy and amenity of neighbouring residential properties. 

3.   Location, siting, scale and bulk will result in a development that does not suit the characteristics of the area.

4.   The proposal does not meet the objectives Randwick LEP 1998 to allow a variety of housing types within residential areas and enable development of a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas.

5.   Proposal does not comply with the Multi-unit Housing DCP’s objective to: “Ensure that the appearance of multi-housing is of a high visual quality, enhances the streetscape and is visually compatible with the identified desired future character for the locality.”

6.   The proposed building is too long and narrow.

7.   Non-compliance with the minimum setback requirements of the Multi-unit Housing DCP

8.   Overshadowing of properties to the east and west.

9.   Privacy impacts and overlooking of neighbouring properties.

10. The proposed aluminium louvres look unsightly and out of character to other buildings in the area.

11. Impact on existing views.

12. Inadequate provision of on-site parking spaces.

13. A sewerage line runs through roughly the middle of 260/260A Maroubra Road in an east to west direction.

14. Impact on the flow of underground water and effects of potential stormwater discharges to the street.

15. Inconsistency in the site area used to calculate the floor space area and landscaped area requirements.

16. Gradient of the proposed driveway ramp appears to be excessive.

 

Response:

 

1.   The subject site is 13.7m wide and does not comply with the Preferred Solution of the DCP – Multi-unit Housing for sites to have a minimum width of 20m.  Despite not meeting the Preferred Solution, the amended proposal is considered to satisfy the DCP’s Performance Requirements and Objectives for site planning.

2.   The amended proposal does not entail any unreasonable loss of privacy for adjoining residential properties.

3.   The proposed building form is modest in scale compared to existing multi-unit housing developments in the area.

4.   The proposal incorporates a mix of dwelling sizes and satisfies the relevant objectives of the Randwick LEP 1998.

5.   The amended proposal exhibits an acceptable visual quality and incorporates a building form and appearance that are compatible with the surrounding streetscape within Maroubra Road. 

6.   The amended proposal modifies the building form proposed in the original application by breaking up the development into two separate above-ground buildings and increasing the extent of articulation along the side elevations.

7.   The proposal does not comply with the Preferred Solutions of the DCP – Multi-unit Housing for side and rear setbacks.  Despite the non-compliances, the amended proposal is considered to be visually acceptable and does not entail any unreasonable overshadowing or loss of privacy for adjoining residential properties and satisfies the DCP’s Objectives and Performance Requirements for building setbacks.

8.   The amended proposal does not entail any unreasonable overshadowing of neighbouring properties.

9.   The amended proposal does not entail any unreasonable loss of privacy for neighbouring properties.

10. The amended proposal introduces greater variety in the composition of the side elevations and the appearance of the proposed building is considered to be acceptable.

11. The amended proposal does not entail any unreasonable loss of views for neighbouring properties.

12. The amended proposal provides the required on-site car parking spaces.

13. The location and maintenance of services infrastructure can be managed by condition of consent.

14. The on-site collection and management of stormwater can be controlled by condition of consent.

15. A larger site area (920.0m² compared to 857.3m²) has been used for the floor space ratio calculations as part compensation for the loss of the portion of the site designated as road widening zone.  The amended proposal complies with the LEP’s floor space and landscaped area standards regardless of the site area used in the calculations.

16. The proposed driveway gradient is acceptable in the circumstances.

 

Three objections were received in response to the amended application drawings, including 2 letters and a petition signed by 45 people. The objections raised no additional issues to those listed above other than a request that there should be no additional vehicle entrance to Galvin Street.  The proposal includes vehicle access to Maroubra Road only and satisfies the concerns raised in the objection.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

The Building Code of Australia classifies the proposal as:

-    Class 2 - Residential Units, and

-    Class 7a - Car Park.

 

No objections in relation to building, health and construction matters are raised subject to conditions should approval be granted.

 

6.2  Landscape Issues

 

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

 

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

 

1.  One specimen of Eucalyptus species (Gum Tree) located towards the front of the site along Council’s nature strip.  This tree is in the order of approximately 2 metres in height appears to be in good condition and is not covered by Council’s Tree Preservation Order.  Permission is granted for the removal of this tree subject to one replacement located along the nature strip.

 

2.  One specimen of Eucalyptus species (Gum Tree) located towards the eastern boundary of the site.  This tree is in the order of 8 metres in height appears to be in average condition and is covered by Council’s Tree Preservation Order.  Permission is granted for the removal of this tree subject to three replacements (not palms) within the site.

 

3.  One specimen of Olea European (Olive) located towards the centre of the rear of the site.  This tree is in the order of 8 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order.  Permission is granted for the removal of this tree subject to three replacements (not palms) within the site.

 

4.  One specimen of Cotoneaster species (Cotoneaster) located towards the western boundary of the site.  This tree is in the order of 6 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order.  This tree is listed as an environmental weed within the city of Randwick.  As such, permission is granted for the removal of this tree.

 

6.3  Drainage Issues

 

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

 

On site stormwater detention is required for this development.

 

Seepage water must not be collected and discharged from the site. Previous complaints have been received from residents in the vicinity of the subject site regarding the problems of seepage water being discharged continually to Council’s kerb and gutter, causing a slimy discolouration of the gutter. Thus the EPCD Department is advised that the subject development must not discharge ANY seepage water to Council’s kerb and gutter. A condition has been included in this report to address this matter.

 

6.4  Traffic/Parking Issues

 

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

 

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 so that a driver of a stopped vehicle 2 metres behind the street boundary line can observe pedestrians up to 2 metres from the crossings.  Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

The internal driveway must be 5.00 m wide for the first 5 metres inside the property and a minimum 3.50 metres clear width after that.

 

The EPCD Department is to determine whether the internal driveway gradients comply with Council’s DCP – Parking.

 

6.5  Urban Design Issues

 

Council’s Interim Design Review Panel has provided the following comments:

 

1.  Relationship to the Context of the Proposal

 

The scale of the proposal in its immediate context and in response to the width of Maroubra Road is believed to be appropriate.

 

2.  The Scale of the Proposal

 

-

 

3.  The Built Form of the Proposal

 

The Panel considered that the articulation and relationship of the proposal to its neighbours and street frontages is considered appropriate.   

 

4.  The Proposed Density

 

The proposed density is consistent with the DCP and is considered appropriate.

 

5.  Resource and Energy Use and Water Efficiency

 

Improvements could be made to roof design to increase light and ventilation. It is suggested that, as the design is developed, opportunities to increase solar access, light penetration and cross-ventilation through the use of top light windows, skylights and roof penetrations be explored.

 

The Panel expects that cross ventilation should be achieved to 100% of the apartments.

 

Consider collection of stormwater for garden irrigation.

 

6.  The Proposed Landscape

 

The Panel considered that the central courtyard is required to be redesigned.  The panel believed that the circular planter bed is not appropriate. The planted areas in the courtyard should provide a minimum soil depth of 1.2 metres.

 

Courtyards where appropriate could be tied into title to ensure maintenance. (possible semi-demarcation of space)

                                                                                          

7.  The Amenity of the Proposal for its Users

 

The Panel noted that acoustic privacy within the development should be maximized, especially to units with frontage to Maroubra Road and between the living rooms of units 2,5 and 8 where noise could easily carry to bed 1 of units 3,6 and 9.

 

Panel would like the applicant to consider the potential for the creation of balconies to the western side of the blocks.  Privacy screens / louvers, to maximize privacy to neighbouring properties are required to be considered.

 

8.  The Safety and Security Characteristics of the Proposal

 

Security to the ground floor units has to be considered without negative impact on the cross ventilation.

 

The stair to the northern end of the carpark will have to be moved to the new position that does not conflict with car turning areas.

 

9. Social issues

 

10.  The Aesthetics of the Proposal

 

The Panel believed that further consideration of facades is required.  Elevations require more design development. Urban Design input would be advisable.

 

The panel observed that the mix of styles and roof forms is unresolved.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel requires that improvements suggested within this report must be made in order for the Panel’s support to be achieved.

 

The panel consider that if the applicant address all the issues as outlined above, in association with the assessing planner, there is no need to see the application again.

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

      -     Environmental Planning and Assessment Act 1979 (as amended)

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

-     Randwick Local Environmental Plan 1998

-     Building Code of Australia

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Clause

Requirement

Provided

Compliance

30 – Min. Lot Size

N/A

857.3m²

N/A

31 – Landscape Area

 

 

 

Clause 31(2)

50% of site area (428.7m²)

 

59% (502.6m²)

 

Yes

 

Clause 31(3)

Maximum 50% (214.3m²) of the landscaped area requirement over podiums or excavated basement areas

50% (215.9m²)

 

Yes

 

32 – FSR

0.9:1 (828.0m²)

0.8:1 (733.5m²)

Yes

33 - Building Height

 

 

 

Clause 33(2)

12m building height

10.45m

Yes

Clause 33(4)

10m external wall height

 

9.95 m

 

Yes

Other Clauses

Effect

Applies

Comment

43

Protection of Heritage Items

No

N/A

46

Development in the Vicinity of Heritage Items

No

N/A

 

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

 

The proposal is defined as “residential flat development” for the purposes of SEPP 65.   Clause 30(2) of SEPP 65 requires the Council to consider the design quality of the development.  The revised application was referred to the Council’s Interim Design Review Panel for comment (refer to Section 6.5).  The Panel has raised some areas of potential modification for the proposed design in relation to:

·   Acoustic privacy;

·   The potential reorientation of balconies on the western façade, and

·   The proposed roof configuration.

 

The concerns raised by the Panel regarding acoustic privacy are addressed by conditions of consent attached to the recommendation to this report.  The proposed arrangement of balconies on the western elevation has previously been the subject of discussion between Council’s assessment officer and the applicant.  The proposed arrangement is considered to be satisfactory in light of the setback objectives of the DCP – Multi-unit Housing and further amendments are considered to be unnecessary.  Similarly, the proposed roof design is considered to be satisfactory in light of the site’s context and the design requirements of the DCP – Multi-unit Housing and further amendments are considered to be unnecessary.  The proposal is considered to demonstrate adequate design quality in its current form. 

 

 

8.1  Policy Controls

 

a.    Development Control Plan – Multi Unit Housing

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 

site planning

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

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Complies

 

 

 

 

 

 

 

 

 

 

Complies

The site has a frontage of only 13.7m, however the proposed building form has been sufficiently articulated across the site to satisfy P2 and the DCP’s site planning objectives.

building height

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

 

Complies

 

 

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

 

Complies

The proposal incorporates sufficient variation in building height and form to avoid any unreasonable amenity impacts on the adjoining properties.

BUILDING SETBACKS

Front boundary setbacks

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

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

 

 

 

 

 

 

Complies

 

 

Side boundary setbacks

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

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

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

·    opportunities for landscaping and private open space are provided.

·    streetscape amenity is maintained.

 

S2  Zone 2C

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

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

 

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

 

 

 

 

Does not comply

Average setback (eastern side) – 3.4m.

Average setback (western side) – 4.0m.

 

 

 

 

Does not comply

Minimum setback (eastern side) – 2.8m.

Minimum setback (western side) – 3.2m.

 

Does not comply

Maximum length of unarticulated wall (eastern side) – 27.9m.

Maximum length of unarticulated wall (western side) - 14.4m.

 

 

Rear Boundary Setbacks

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

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

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

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

 

 

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

·   

 

S3  Zone 2C

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

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

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

 

 

 

Does not comply

Average setback  - 6.8m.

 

 

 

 

 

 

 

Does not comply

Minimum setback – 4.9m.

 

 

Complies

Maximum length of unarticulated wall – 6.7m.

 

 

 

 

 

Complies

The amended proposal breaks up the elongated building design previously proposed by the applicant and achieves a more favourable distribution of building forms across the site.

 

 

General

P4 The provision of eaves, window hoods and other sun-shading or weather protection devices demonstrates that no significant adverse impact on adjoining properties will occur.

 

 

S4  Eaves, window hoods and other sun-shading or weather protection devices may encroach no more than  25% of the Preferred Solution for the building setback at that point.

 

 

Complies

DENSITY

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

 

 

Complies

The amended proposal is modest in scale relative to other multi-unit housing developments in the locality.

FENCES

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

Entrances to the site and buildings are highlighted.

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

 

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

 

Does not comply

The proposed front fence to Maroubra Road is mostly solid.  A condition of consent can be used to require the applicant to submit details of a complying fence design.

LANDSCAPEAND private OPEN SPACE

Landscaped Area

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

 

 

P2  Landscaped areas around flat buildings are treated as communal open space for use by all residents of development.  Common open space is not divided up and allocated to individual dwellings within a development to the exclusion of other users on upper levels.

 

 

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

 

Complies

 

 

 

 

 

Complies

 

 

 

Private Open Space

P3    Private open space:

·    provides privacy for its users;

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

·    provides opportunities for outdoor recreation and living.

 

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

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

Flats and apartments

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

 

 

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

 

 

Complies

 

PRIVACY

Visual Privacy

P1  Windows and balconies of main living areas are located to avoid overlooking of similar windows in adjoining dwellings and areas of private open space (whether part of the development or on adjoining properties).

 

 

 

P2  Private open space design and location ensure privacy.

 

Acoustic Privacy

P3  Building layout and design minimises transmission of noise.  Development is designed to separate “quiet areas” such as bedrooms from common recreation areas, parking areas, vehicle access ways and other noise generating activities.

 

 

S1  Where there is a horizontal separation of less than 10 metres between windows, they should be offset, angled or screened to reduce potential privacy impacts.

A sill level of 1.6 metres above floor level provides satisfactory protection for overlooking.

 

 

 

 

S4  Walls and floors between dwellings are constructed in accordance with the requirements of the Building Code of Australia regarding sound transmission and insulation.

 

 

Complies

 

 

 

 

 

 

 

 

Complies

 

 

 

Complies

Compliance can be required as a condition of consent.

VIEW SHARING

 

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

 

P2  Development minimises effects on views and demonstrates steps that have been taken to mitigate view loss, in particular view loss of significant features such as the ocean, coastline, nearby open space areas and significant landmarks or buildings.

 

P3  Buildings and dwellings are aligned to maximise view corridors between buildings.

 

 

 

 

 

Complies

The proposal does not result in any unreasonable loss of views from adjoining properties.

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

Complies

SOLAR ACCESS AND ENERGY EFFICIENCY

Solar Access to Neighbouring Properties

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

 

 

 

 

 

P1.1   Solar access to existing solar collectors on adjacent buildings is maintained between 9am and 3pm each day, throughout the year.

 

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

 

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

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

Building Layout, Design and Construction

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

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

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

 

 

 

 

P5  Buildings have an area of roof with appropriate orientation and pitch, suitable for the installation of solar collectors.

 

 

 

 

 

P7  Adequate space is provided for outdoor clothes drying.

 

 

 

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

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

 

S5  Adequate roof area should be provided facing between 45 degrees east and 45 degrees west of north, and a slope between 15 and 55 degrees to the horizontal is provided for the installation of solar collectors.

 

 

Complies

Compliance with Council’s energy efficiency requirements can be required as a condition of consent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

Complies

Sufficient space is available for communal clothes drying if required.

SAFETY AND SECURITY

P1  Building and landscaping design allows casual surveillance of footpaths and driveways.

 

 

P2  Approaches to the site and the entries of each dwelling are visible from within that dwelling.

 

P3  High walls and parking structures which obstruct views into the development are avoided.

 

P4  Resident car parking are equipped with security grilles or doors.

 

P5  Visitor parking spaces are clearly identifiable and located to facilitate surveillance by some units.

 

P6  Visitor entry to all units and internal common areas is controlled by intercom and remote locking systems.

 

 

Complies

 

 

 

 

 

Complies

 

 

 

 

Complies

Front fence design can be modified as a condition of consent.

 

 

Complies

Compliance can be required as a condition of consent.

 

Not applicable

All on-site parking is to be located and secured within the proposed basement car park.

 

Complies

Compliance can be required as a condition of consent.

 

PARKING

P1  Garages and parking structures are sited and designed to not dominate the street frontage by:

·    minimising frontage width;

·    ensuring that the form, materials and detailing complement the associated building;

·    being excavated or setback further from the street than the associated building.

 

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

 

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

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not applicable
Refer to Barrier-Free Access.

 

 

 

 

Complies

Bicycle storage is proposed to be provided in the basement carpark.

DRIVE-WAYS AND turning AREAS

P1  Site planning and building layout minimise the amount of driveways and manoeuvring areas.

 

P2  Vehicles are able to enter and leave the site in a forward direction at all times.

 

 

 

 

 

 

P3  The alignment of driveways and access roads is varied to create visual interest and avoid a ‘gun barrel’ effect.

 

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

 

P5  Surface materials and external finishes are consistent and compatible with those used throughout the development.

 

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

 

 

 

 

 

 

S2  Parking layout ensures that vehicles are able to enter parking spaces in a single turning movement and leave the space in no more than 2 turning movements.

 

S3  Long sections of driveways provide passing bays to allow for access and circulation of vehicles.

 

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

 

 

S5  Large expanses of uncoloured concrete are to be avoided.

 

 

 

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

Complies

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Not applicable

 

 

 

 

 

Complies

 

 

 

 

 

 

 

Complies

Compliance can be required as a condition of consent.

 

 

 

Complies

 

STORAGE

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

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

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

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

 

Complies

 

 

BARRIER-FREE ACCESS

P1  Design must address the provision of access for people with special access needs.

 

 

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

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3

 

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

 

P4  All development which provides a passenger lift provides access for people with a disability to all common foyer and parking areas.

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

Complies

Compliance can be required as a condition of consent.

 

 

 

Not applicable

 

 

 

 

 

 

 

 

Not applicable

 

 

 

 

 

 

Not applicable

 

UTILITIES/ SITE FACILITIES

P7  An internal laundry is provided in each dwelling.

 

Complies

WASTE

P1  Waste collection and separation facilities are provided for each dwelling.

 

 

 

P2  Waste storage facilities are provided either as a centralised garbage/recycling room accessible to garbage compactors or in a facility where bins can be easily wheeled to the street for collection.  The facilities are of a sufficient size to meet the needs of the dwellings and the garbage /recycling collection service.

 

P3  The location and design of waste collection facilities complements the design of the development and is not visually obtrusive in the streetscape or from any public places.

 

S1  Each dwelling has a waste storage cupboard in the kitchen sufficient to enable separation of recyclable material.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Complies

Compliance can be required as a condition of consent.

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

b.    Development Control Plan – Parking

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

Car Parking

(a)   Number of spaces

 

 

 

1 space per one-bedroom dwelling (3 spaces)

 

1.2 spaces per two-bedroom dwelling (7 spaces)

 

1 visitor space per 4 dwellings (2 spaces)

 

TOTAL SPACES REQUIRED = 12

 

 

 

 

 

 

 

 

 

 

 

 

13 SPACES

 

 

Complies

 

 

(b) Parking layout

 

 

Car spaces 2.5m x 5.5m minimum

 

End bay spaces 2.8m x 5.5m minimum.

 

Maximum ramp gradient 1:6 (16.7%) (up to 1:5 (20%) with suitable transition grades)

 

 

Enclosed spaces 2.5m – 2.8m x 5.5m minimum

 

End bay spaces 3.2m x 5.5m minimum.

 

12.5% - 20%

 

 

Complies

 

 

Complies

 

 

Complies

 

 

(c) Bicycle Storage

 

 

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

(4 bicycle spaces)

 

Common storeroom provided within basement car park.

 

 

Complies

 

 

        c.  Section 94 Contributions Plan

 

The required monetary contributions have been calculated in accordance with the open space, community facility and administration provisions of the Randwick Section 94 Contributions Plan.  The required monetary contributions for the development include:

 

Open space

$14,343.03

Community facilities

$6,341.82

Administration

$425.00

Total

$21,109.85

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

            9.1       Randwick LEP 1998

 

The proposal is consistent with the objectives of the LEP and complies with the relevant standards for Landscaped Area, Floor Space and Building Height.

 

9.2       Building Setbacks

 

The proposal demonstrates non-compliances with the Preferred Solutions of the DCP – Multi-unit Housing for rear and side boundary setbacks.  In response to concerns raised regarding potential overshadowing, privacy and visual amenity impacts, the applicant has significantly modified the proposed design.  Principal measures include the separation of the above-ground building form into front and rear sections, the creation of a landscaped open space area to occupy the site’s mid-section and the introduction of greater articulation and modulation of finishes within the side elevations. 

 

The amendments to the scheme have successfully addressed the concerns raised with the applicant regarding the original proposal.  The amended proposal maintains reasonable levels of solar access and privacy for neighbouring properties, provides adequate opportunities for landscaping and private open space and maintains the amenity of the surrounding streetscape.  Despite demonstrating non-compliances with the Preferred Solutions, the amended proposal is consistent with the DCP’s objectives and Performance Requirements for building setbacks.

 

9.3       Amenity Impacts

 

The amended proposal successfully addresses concerns previously raised with the applicant regarding the potential privacy and visual amenity impacts of the original application.

9.3.1    Overshadowing and Sunlight Access

 

The proposal generally complies with the Performance Requirements of the DCP – Multi-unit Housing to maintain sunlight access to the living areas and principal landscaped areas of neighbouring dwellings.  Some minor non-compliances with the DCP’s Performance Requirements will occur at mid-winter in relation to the two middle units on the first floor of No. 262 Maroubra Road.  While sunlight access to these units will exceed the DCP’s Performance Requirements for other times of the year, direct afternoon sunlight to the windows and balconies of these units will be limited to approximately 2 hours at 22 June.  Overshadowing of this section of the existing building during the afternoon is unavoidable given the orientation of the properties.  The proposed non-compliances are considered to be reasonable in the circumstances.

 

9.3.2    Privacy and Overlooking

 

The amended proposal does not entail any unreasonable overlooking of neighbouring properties and complies with the requirements of the DCP – Multi-unit Housing.  One minor modification to delete the south-facing window to Bedroom 1 in proposed Unit No. 3 is recommended to ensure adequate visual and acoustic privacy for future occupants of the dwelling.  A condition of consent is attached to the recommendation to this report.

 

9.3.3    Views

 

The proposal will result in the loss of some westerly views from the existing dwellings at No. 262 Maroubra Road, however the level of likely view loss is not considered to be unreasonable and the proposal complies with the DCP – Multi-unit Housing’s requirements for view sharing.

 

            9.4       Building Design, Materials and Appearance

 

The proposed building design and appearance are compatible with the existing streetscape and are considered to be acceptable.  Details of the proposed finishes and materials can be required as a condition of consent.

 

9.5       Building Bulk and Scale

 

The amendments submitted by the applicant significantly modify the proposed building form.  The original application proposed a relatively long and narrow building form exhibiting insufficient variation within the side elevations and roof form.   The resulting privacy, overshadowing and visual amenity impacts for the neighbouring properties and the streetscape were considered to be unreasonable.  The amended scheme successfully addresses the concerns raised by breaking up the building form into two separate above-ground buildings and creating an area of landscaped open space to occupy the site’s mid-section.  Combined with the introduction of greater articulation within the side elevations, the amendments have allowed the proposal to successfully satisfy the relevant amenity and building appearance requirements of the DCP – Multi-unit Housing.  The proposed building form and scale are considered to be acceptable.

 

10.  CONCLUSION

 

The amended proposal is considered to be acceptable in the circumstances.  Despite exhibiting non-compliances with the numeric Preferred Solutions for building setbacks, the proposal avoids unreasonable amenity impacts on neighbouring properties and satisfies the objectives and performance requirements of the DCP – Multi-unit Housing.  It is considered that the amended proposal has successfully addressed the concerns regarding overshadowing, loss of privacy and building bulk raised with the applicant in response to the original application.  Minor modifications to ensure the proposal satisfies the relevant Performance Requirements for visual and acoustic privacy and front fence design are recommended.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 1068/2002 for demolition of the two existing semi-detached dwellings and the construction of a three-storey multi-unit housing development containing 3 x one-bedroom dwellings and 6 x two-bedroom dwellings with basement car parking for 13 vehicles at 260-260A Maroubra Road, Maroubra subject to the following conditions:-

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans numbered KRO-01, 02, 03, 04, 05 and 06 (Revision E) dated 4 August 2003 prepared by Cyril Smith Associates Pty Limited and received by Council on 17 September 2003 and drawings entitled “Shadow Diagram March 22nd”, “Shadow Diagram June 22nd”, “Shadow Diagram December 22nd” and “Shadow Diagrams Western Elevation of No. 260-260A Maroubra Road, Maroubra” prepared by Cyril Smith Associates Pty Limited and received by Council on 24 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:

 

ENVIRONMENTAL AMENITY:

 

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

 

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

 

Details of the proposed colours, materials and textures (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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8.         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.

 

9.         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.

 

10.       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.

 

11.       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.

 

12.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

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

 

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

 

14.       The fence on the street alignment is to be a maximum height of 1.8m and be designed so that the upper two thirds of the fence is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.  Details of the proposed fence design are to be submitted to and approved by the Director of Planning & Community Development, in accordance with the section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued.

 

15.       The south-facing window to Bedroom No. 1 in proposed Unit No. 1 on the ground floor is to be deleted to ensure adequate visual and acoustic privacy for future occupants.

 

ECOLOGICALLY SUSTAINABLE DEVELOPMENT & ENERGY EFFICIENCY: 

 

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

 

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

 

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

 

17.       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.

 

18.       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.

 

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

 

20.       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.

 

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

 

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

 

SECTION 94:

 

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

 

22.       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               $14,343.03

b)       for the provision or improvement of community facilities   $6,341.82

c)       Administration fee $425.00                                                         $425.00

 

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

 

CIVIL WORKS/TRAFFIC:

 

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

 

23.       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)         Re-construct a kerb and gutter for the full Maroubra Road site frontage except opposite the vehicular entrance and exit point.

 

c)         Carry out a full depth, 1.50 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

d)         Reconstruct the concrete footpath along the Maroubra Road full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

e)         Returf the Council nature strip opposite the site fronting the Galvin Street frontage.

 

f)          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.

 

24.       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.

 

25.       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.

 

26.       The internal driveway must be 5.00 m wide for the first 5 metres inside the property and a minimum 3.50 metres clear width after that. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

Road Widening Conditions

 

27.       The applicant shall dedicate a strip of land 4.57 metres wide along the Galvin Street frontage of the development site for road widening of Galvin Street.

 

28.       The applicant shall pay to Council the sum of $5,020.69 (based on a rate of $366.00 per lineal metre of road frontage along Galvin Street), as a contribution towards the cost of future construction of Galvin Street in conjunction with the road dedication and in compliance with the Council's subdivision policy in relation to Galvin Street. The payment is to be made prior to the issuing of a construction certificate.

 

PARKING:

 

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

 

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

 

30.       Public access to the visitors carparking spaces is to be maintained at all times and in this regard, this approval does not include the installation of any roller doors or gates or the like to the carpark, without the prior development consent of Council.

 

Alignment Level Conditions:

 

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

 

31.       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:

 

·          Maroubra Road Frontage - 20mm above the back of the existing Council footpath level at all points opposite the footpath, along the full site frontage.

 

·          Galvin Street Frontage – 100mm above the edge of the asphalt road at all points along the edge of the road in Galvin St.

 

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

 

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

 

32.       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.

 

33.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services  have been issued at a prescribed fee of $483.00(Amount) calculated at $17.60 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

SECURITY DEPOSITS:

 

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

 

34.       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.

 

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

 

a)         $2000.00         -           Vehicular crossing deposit

 

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

 

Service Authority Conditions:

 

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

 

36.       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.

 

37.       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.

 

38.       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.

 

39.       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.

 

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

 

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

 

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

 

DRAINAGE:

 

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:

 

41.       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.

 

42.       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.

 

43.       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.

 

44.       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.

 

45.       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.

 

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

 

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

 

48.       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).

 

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

 

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

 

51.       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)

 

52.       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.

 

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

 

54.       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.

 

55.       One covered car washing bay shall be provided for this development.

 

a)         The car-washing bay 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 bay must be located outside any required/approved stormwater detention system and must be suitably signposted.

 

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

 

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

 

56.       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.

 

57.       As the above site may be present within a fluctuating water table and/or impacted on by the flow of seepage water 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)         Seepage water/groundwater must NOT be collected and discharged from the site.

 

b)       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.

 

c)        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).

 

d)       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:

 

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

 

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

 

59.       The garbage room areas will have to be designed so as to be able to contain a total of 10 x 240 litre bins (5 garbage bins & 5 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.

 

60.       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.

 

61.       Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the additional residence/dual occupancy.

 

NOISE EMISSION / AMENITY CONDITIONS:

 

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

 

62.       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.

 

63.       Sound transmission and insulation between sole occupancy units must as a minimum, comply with the requirements of Part F5 of The Building Code of Australia.

 

PRESCRIBED CONDITIONS & FIRE SAFETY:

 

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

 

64.       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.

 

65.       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.

 

STRUCTURAL:

 

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

 

66.       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.

 

67.       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.

 

68.       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.

 

69.       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 above stated premises, prior to the commencement of any works.

 

70.       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.

 

71.       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.

 

CONSTRUCTION MANAGEMENT:

 

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

 

72.       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.

 

73.       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.

 

74.       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.

 

75.       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.

 

76.       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. 

 

77.       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.

 

78.       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.

 

79.       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.

 

80.       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.

 

81.       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

 

82.       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.

83.       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.

 

84.       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.

 

85.       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.

 

86.       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.

 

87.       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.

 

88.       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.

 

89.       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.

 

90.       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.

 

91.       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.

 

92.       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.

93.       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.

 

94.       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.

 

95.       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.

 

ACCESS & FACILITIES FOR DISABLED:

 

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

 

96.       Access and facilities for people with disabilities must be provided in accordance with the relevant provisions of the Building Code of Australia.

 

FIRE SAFETY:

 

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

 

97.       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.

 

98.       The applicant must submit all details, prepared by a qualified consulting mechanical engineer in relation to the mechanical ventilation of the basement car park in accordance with AS 1668 and the BCA.

 

All relevant plans and details must be submitted prior to the issue of the Construction Certificate.

 

Landscape Conditions:

 

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

 

99.       The landscaped areas shown on the plan number L1 dated October 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 10 x 75 litre broad canopied trees (not palms) suitably located along the eastern boundary of 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.          Location of easements within the site and upon adjacent sites (if any).

 

100.     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.

 

101.     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.

 

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

 

103.     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.

 

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

 

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

 

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

 

106.     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

 

107.     The applicant shall submit a total payment of $345.00 to Council,

 

a.         Being the cost for Council to remove the existing street tree specimen of Eucalyptus species (Gum Tree) ($200.00), and

 

b.         Being the cost for Council to supply and install 1 x 45 litre street tree at the completion of all works ($145.00), and

 

The contribution shall be paid into Account Number 43459939 Activity Code R36 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

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

 

108.     Approval is granted for the removal of the following trees subject to the planting of 4 x 100 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.         One specimen of Eucalyptus species (Gum Tree) located towards the eastern boundary of the site.

 

b.         One specimen of Olea europaea (Olive) located towards the centre of the rear of the site.

 

c.         One specimen of Cotoneaster species (Cotoneaster) located towards the western boundary of the site.

 

109.     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.

 

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

 

Tree Protection Measures

 

111.     A refundable deposit in the form of cash or cheque for the amount of $9,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

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

 

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

 

Advisory Matters

 

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

 

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

 

Advisory Conditions

 

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

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

………………………………

………………………………

 

CHRIS BROWN

DIRECTOR OF PLANNING & ENVIRONMENT

WILLANA ASSOCIATES


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

19 November, 2003

FILE NO:

D/1209/2002

 

PROPOSAL:

 Section 96 application to vary Condition 1, which relates to the approved plans

PROPERTY:

 335 Maroubra Road, Maroubra

WARD:

 Central Ward

APPLICANT:

 Craig Thorn c/- Tectonic Developments P/L

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the original application was determined by Council at its Ordinary Council meeting on the 27th May, 2003.

 

Following the lodgement and notification of the Section 96 application, Council was advised by surrounding residents that the amendment applied for had already been commenced and also that other unauthorised works had been undertaken, these being changing the external cladding of the rear first floor addition and air conditioning works.

 

A subsequent site inspection by Council Officers confirmed that the framing of the window in the east elevation of the first floor rear addition sought by the Section 96 modification had already been undertaken.  As well, the external cladding, consisting of metal sheeting, of the first floor rear addition had been completed and air conditioning duct work (but not the condensing units) installed.  The external cladding approved by the consent is fibre cement sheeting.  The private certifier was contacted and the unfinished components of these works were stopped.  Subsequently a revised Section 96, detailing all of the changes to the approval as described above, was received and notified.

 

The change in cladding material is considered to be suitable within the residential area and does not dominate nor detract from the existing building or its surroundings.  The window, with a sill height of 1.45m, allows outlook to distant views without any significant overlooking of the immediate neighbouring property to the east.  Council’s Manager of Environmental Health and Building has provided conditions to be included with the consent to ensure that an acceptable level of acoustic amenity will be achieved for the immediately adjoining neighbour to the east and the applicant has agreed to the amendment of the approved conditions to reflect these requirements.

 

The amended application is considered to be substantially the same as the application as originally approved and does not significantly affect the amenity of neighbouring properties or the streetscape, subject to inclusion of conditions as agreed by the applicant.  Council has the power to grant retrospective approval for a Section 96 modification and accordingly the recommendation is for approval.

 

2.    THE PROPOSAL

 

The application is for an amendment to the plans approved by Condition 1 of the consent to Development Application No. 1209/02/GG.  The proposed changes consist of the following:-

·          The introduction of a new fire rated window on the eastern elevation of the first floor rear addition, approved as a boardroom.

·          The use of custom/mini orb for the external cladding material for the first floor rear addition.

·          The inclusion of an air conditioning system for the building with the air conditioning units located at ground level on the eastern side of the building underneath the external eastern side stairs.  Additionally, a new acoustic wall is proposed immediately to the east of the air conditioning units.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Maroubra Road, between Flower Street and Haig Street.  The site fronts onto Maroubra Road with rear vehicular access from Haig Street.  The eastern end of Haig Street has been closed to form a cul-de-sac. 

 

Existing on the site is a two storey attached building, being the eastern end terrace in a row (327 to 335 Maroubra Road), all having a similar configuration, generally a ground floor shopfront and residence above. 

 

Located on the site immediately adjacent to the east is a single storey dwelling house (337 Maroubra Road) that also backs onto Haig Street, with a Child Care Centre located on the property one further removed to the east and occupying a former Service Station building.  Located immediately adjacent to the west on Maroubra Road are three shops with residences above (numbered 331, 333 and 333A Maroubra Road) all on one title, while immediately adjacent to the west on Haig Street is a residential dwelling house (88 Haig Street). Opposite on Maroubra Road is a nursing home, dwelling houses and further to the west, shops.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

Council, at its Ordinary Council meeting on the 27th May, 2003, approved, under the existing use rights provisions of the Environmental Planning and Assessment Act, 1979 and the Environmental Planning and Assessment Regulation, 2000, alterations and additions to the existing building and the change in use from an existing shop and residence to a mortgage broking company, with hours of operation restricted to 8.30am to 5.30pm, Monday to Friday and by appointment only between 9.00am and 12.00 noon. 

 

The alterations and additions approved included the following:-

 

·          Internal re-configuration of the building to form office spaces, a reception area, a boardroom and ancillary facilities.

·          A rear addition at first floor level for the purpose of a boardroom.

·          A new external awning on Maroubra Road.

·          A new glazed shop front and entry doors to Maroubra Road.

 

The Section 96 application was received on the 26th September, 2003 for a new fire rated window on the eastern elevation of the rear first floor addition.  The Section 96 was notified from the 29th September, 2003 until the 13th October, 2003.

 

As a result of the notification, complaints were received from neighbouring properties that the window had already been installed and the external cladding of the first floor rear addition had been changed from that approved by the Development Application.

 

Council Planning and Regulatory Officers inspected the site on the 3rd October, 2003 and it was confirmed that the cladding had been changed without prior approval from Council and the window opening had been formed on the eastern elevation, although glass had not been installed at the time of the inspection (refer Figures 1 and 2 below).  Additionally it was noted that the duct work for the air conditioning system had been installed within the internal walls, however the air conditioning condenser units had not been installed.

 

 

Figure 1 – Photo of western wall of first floor

rear addition with changed cladding

 

 

Figure 2- Internal photo showing the framing in place

for the window on the eastern wall of the first floor rear addition

 

The site foreman was advised to stop work on the unfinished portions of the work and Council’s Regulatory Officer, on return to the office, contacted the private certifier dealing with the construction certificate.  The private certifier advised that the applicant had been told to stop work on the unfinished portion of above mentioned works and an amended Section 96 application would be lodged to include the change in external cladding and air conditioning, as well as the eastern window.  The amended Section 96 application was re-notified until the 3rd November, 2003

 

5.    COMMUNITY CONSULTATION:

 

          As a result of the notification process, submissions were received from the following:- K and E Harris of 88 Haig Street, Maroubra; G Renshaw of 107 Haig Street, Maroubra; D McCamley of 337 Maroubra Road, Maroubra.  The submissions raise the following issues:-

 

5.1  Objections

 

·          The location of the proposed air conditioning condensers and their proximity to windows of 337 Maroubra Road will potentially cause noise disturbance

·          Air conditioning contractors have been seen on-site and concern is expressed that it is being undertaken without Council approval.  Air conditioning will have major adverse impacts to the surrounding residential area, especially to neighbours on either side.

·          The number of air conditioning units appears excessive and if necessary, should be relocated inside the store room under the main building to reduce the noise and vibration to neighbours.

·          The noise from the air conditioning will travel directly to 107 Haig Street.  Any air conditioning must be enclosed in a sound proof enclosure.

·          The privacy screens, a condition of the original consent, have not been shown in accordance with this condition on the amended plans.

·          The cladding to the rear first floor addition has been completed and is not mini-orb as specified on the Section 96 application but corrugated iron and is an absolute eyesore.  This cladding material is visually intrusive and compromises the amenity and character of the surrounding existing residential area.  The cladding also compromises the integrity of the existing building.

·          Provision has already been made for the window on the eastern side of the rear first floor addition.  Notwithstanding, this should not be approved as it will have privacy impacts to adjoining neighbours’ properties.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers.  Council’s Manager of Environmental Health and Building has provided appropriate conditions of consent in regard to the level of acoustic treatment necessary to minimise noise and vibration to neighbouring properties to an acceptable level.

 

 

7.    MASTER PLANNING REQUIREMENTS

 

The site is under 4000m2 and is not subject to master planning requirements.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2A Residential under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent under the existing use right provisions of the Environmental Planning and Assessment Act, 1979 as amended and the Environmental Planning and Assessment Regulations 2000.

 

9.    SECTION 96 AMENDMENT

 

9.1       Substantially the same

The development to which the consent as modified in the Section 96 plans is considered to be substantially the same development as the development for which consent was originally granted under Development Application No. 1209/02/GG.  The amendments to the building design do not alter the approved floor space, height, form, volume, scale or use of the building.

 

9.2       Consideration of submissions

 

The matters raised in submissions are addressed below in Section 10 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.

 

As previously discussed, Council Officers have attended the site and have confirmed, as identified in the submissions, that the majority of the work now identified as the proposed amendments, had already taken place.  The uncompleted works associated with the proposed amendments appear to be the installation of glass to the proposed eastern window, the air conditioning units and the adjacent acoustic wall.

 

Council may provide retrospective consent under a Section 96 application for works already undertaken as well as for the unfinished portions of the proposed amendments, as established by a Land and Environment Court ruling.

 

The consent to Development Application No. 1209/02/GG approved fibre cement sheeting as external cladding to the rear addition.  The applicant has advised that the wall cladding was changed to minimise structural loads on the existing structure and minimise inconvenience to neighbours with possible spillage of paint and render to the fibre cement sheeting.

 

Two of the three objections raise issue with the aesthetics of the proposed cladding, with one objector advising that the cladding is corrugated iron instead of the mini orb as detailed on the architectural plans.

 

Mini orb and corrugated iron are both metal sheeting materials, the only difference being a difference in their profiles.  It is considered that the different profiles do not create a significant difference in their visual appearance.  The metal cladding, as proposed and constructed, is a modern architectural interpretation of a traditional construction material and has, in recent years, become a relatively common method of cladding, particularly evidenced in the domestic work of award winning architect, Glen Murcutt.

 

It is considered that the cladding material used is acceptable for use within the residential area and is not visually intrusive or dominant within the context of the site.  Further it minimises future maintenance, especially given the proximity of the western wall to the side boundary of the site.

 

The privacy screens, as conditioned by the development consent, are shown on the northern elevation of the amended Section 96 plans, however the rear (southern) and (western) elevation have not been provided as part of the documentation received.  As such, they still validly remain the subject of Condition 7 of the consent and are required to be in place prior to the final inspection by the private certifier.

 

The window opening provided on the eastern elevation of the first floor rear addition has a sill height of 1.45m above the finished floor level of the boardroom.  This will allow a distant outlook from this proposed fire rated window but will not allow any significant overlooking of the private open space or windows of the immediate neighbour to the east (337 Maroubra Road).  It should also be noted that this neighbour has not objected to this window.

 

The neighbour at 337 Maroubra Road has expressed concern regarding possible noise associated with the placement of the air conditioning units in close proximity to their western boundary and has requested that Council ensure that more design detail be carried out by a qualified acoustic engineer with regard to acoustic separation.

 

This is not an unreasonable request and it is apparent that the applicant is aware of the possible noise issues that may arise from the location of the air conditioning units, as an acoustic wall is indicated on the amended plans adjacent to the air conditioning units.  Council’s Manager of Environmental Health has advised appropriate conditions of consent to be incorporated into the consent, subject to the applicant’s agreement, to ensure that the adequate acoustic amenity is provided to the adjoining neighbour to the east and other surrounding residents.  The applicant has agreed in writing to the amendment of the conditions to reflect these requirements.

 

11.  CONCLUSION

 

The proposed modifications are considered to be have no significant environmental impact, subject to appropriate acoustic conditions as recommended by Council’s Manager of Environmental Health and Building and the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before the consent was originally granted was modified. Accordingly, having regard to Section 79 C (1) of the Environmental Planning and Assessment Act, 1979, the proposed modifications are recommended for approval subject to conditions of consent, as agreed by the applicant.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 1209/02/GG for Section 96 application to vary Condition 1, which relates to the approved plans at 335 Maroubra Road, Maroubra, and subject to the following additional conditions:-

 

Amend Condition 1 to read as follows:-

 

1.         The development must be implemented substantially in accordance with the plans with Project No. 2002 – 24 and numbered ID. G.100. DA-S1 and ID. DA.500 DA-S2, both amendment C, dated 7th April 2003 and received by Council on the 15th April, 2003 and ID. DA. 501, amendment A, dated 15th May 2003 and received by Council on the 16th May, 2003, AS AMENDED by plans with Drawing Nos.A05b and A06a both with revision date 14th October, 2003, prepared by Tectonic Developments, the application form and on any supporting information received with the application, except as may be amended by the following conditions, additional conditions and as may be shown in red on the attached plans:

 

Amend Conditions 21 to read as follows:-

 

            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 operation of the premises shall not give rise to a sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as a LAeq, 15 min noise level, adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy and the NSW Environmental Protection Authority’s Noise Control Manual (for sleep disturbance).

 

Amend Conditions 22 to read as follows:-

 

            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 development consent.

 

ATTACHMENT/S:

 

A4 plans

 

 

 

 

 

 

 

………………………………

………………………………

 

DAVID PIRIE

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT PLANNER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

2 December, 2003

FILE NO:

D/0608/2003

 

PROPOSAL:

 Section 96 application - to provide for a new air-conditioning system                                                                                                                  and extension of the rear balcony at first floor level by 900mm.

PROPERTY:

 34 Torrington Road, Maroubra

WARD:

 Central Ward

APPLICANT:

 Transarque Architects (Donna Moon)

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Chris Bastic, Paul Tracey.

 

The application seeks consent to increase the size of the balcony 900mm to the rear and provide a new air-conditioning unit below the existing ground floor (mezzanine level 1) rear balcony. 

 

The relevant issues are privacy, overshadowing and noise.

 

The application is recommendation for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal is to modify the original consent to locate an air-conditioning unit below the existing balcony on the northwestern corner at the rear mezzanine level 1 of the dwelling and extend the rear balcony off the family room by 900mm.  The deck is setback 1453mm from the southeastern boundary (36 Torrington Road).

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northeastern side of Torrington Road between Lurline and Inman Street in Maroubra and is located within the foreshore Scenic Protection area.  The site is occupied by an existing three storey split level brick dwelling, having a frontage width of 12.19m, a side boundary depth of 39.62m and an overall area of 482.97m².  To the southeast side is single storey dwelling to the northwest side is a two storey dwelling and to the northeast (rear) are single and two storey dwellings.  The surrounding area is residential in nature containing mainly single and two storey dwellings.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The original application included the extension of the rear balcony on the northeastern side, an air-conditioning unit, internal and external alterations, extending the existing gables, removing, bricking up and providing new window openings including new external stairs and rendering the dwelling.

 

The owners of the adjoining properties were notified of the proposed development on the 23 July 2003, when initial concerns for potential noise, air pollution, loss of privacy and sunlight were raised by both H & T Premetis of 31 Torrington Road, Maroubra and Beswick Solicitors acting on behalf of Laura Bulock - the owner of 36 Torrington Road, Maroubra due to location of the air-conditioning motor on the southeastern side of the subject premises (less than 1.5 m from the side boundary) and the extended northeastern first floor balcony by 900mm.

 

Amended plans were subsequently received deleting the proposed air-conditioning and balcony extension.  The application was determined under delegated authority and approved.

 

5.    COMMUNITY CONSULTATION:

 

The Section 96 application was notified on the 7 November 2003 in accordance with the Public Notification DCP. The following submission was received as a result of the notification:

 

5.1  Objection

 

Laura J. Bulock of 36 Torrington Road, Maroubra

 

·    Loss of privacy to the rear yard, kitchen area and enclosed sunroom, where most of the objectors time is spent. 

·    Loss of sunlight; and

·    Concern for structural adequacy of brick dividing wall.

 

Note: The above issues are addressed in Section 9 of the report.  However the concern regarding to the cracking of the brick dividing wall is a private matter between the two property owners and is not a relevant matter for determination of this application.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers and the following comments have been provided: -

 

6.1  Manager of Environmental Health & Building Services

 

No objection are raised to the location of the air-conditioning unit, however to ensure that noise emanating from the air-conditioning unit does not create a nuisance; conditions have been included with any consent granted, to comply with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2000.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-    Randwick Local Environmental Plan 1998.

-    Environmental Planning and Assessment Act 1979 as amended.

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

-    Building Code of Australia.

 

(a)        Randwick Local Environmental Plan 1998

 

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

 

(b)        Clause 29 - Foreshore Scenic Protection Area

 

The site is located in a Foreshore Scenic Protection Area.  Clause 29 of the LEP requires that Council may only grant consent after it has considered the probably aesthetic appearance of the proposed building in relation to the foreshore.

 

It is considered in this instance that the proposed works are minor in nature and will not have any significant impact upon the appearance of the building and the foreshore, and therefore the proposal is considered acceptable in this regard.

           

7.1  Policy Controls

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

 

The proposal has been assessed against the objectives, performance criteria and preferred solutions in the Dwelling Houses DCP.  An assessment of the adequacy of the development in relation to the relevant objectives and performance criteria has been provided in Section 9 of this report.

 

8.    SECTION 96 AMENDMENT

 

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

 

8.1  Substantially the same


The proposed modifications are minor and will not result in any additional impacts upon either the amenity of the adjoining premises or the streetscape and therefore the proposed modifications to the original development proposal are considered to represent substantially the same development.

 

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.

 

9.1.1      Visual and Acoustic privacy

             

The relevant objectives of the DCP are as follows: -

 

Cl 4.5 Visual and Acoustic Privacy

 

·    To ensure that new buildings and additions meet occupants’ and neighbours’ requirements for visual and acoustic privacy.

 

The relevant performance requirements include that: -

 

·    Buildings are designed to allow a sharing of views; and

·    Overlooking of internal living areas and private open spaces of residential development is minimised through appropriate building layout, location and design of windows and balconies and, where necessary, separation, screening devices and landscaping.

 

Comments

 

A site inspection revealed that in its present form and size the balcony at the rear of the site provides a significant capacity to directly overlook the rear yard of the adjoining property (No. 36 Torrington Road, Maroubra) and the northeastern side kitchen window of that property.  Although the new extended balcony will allow a clearer view of the glazed door and window of the sunroom, at No 36 Torrington Road, it is not considered that the extended balcony would add any significant additional impact than what presently exists on the site, given that there are also other balconies facing the rear at different levels with direct views over the sunroom's glazed door and window.  At the same time, it is recognised that by addressing this issue with a privacy screen this would cause overshadowing to the kitchen window, and the objector has verbally indicated that this was not a preferred solution due to the objectors concern for additional overshadowing and will only partially alleviate the direct overlooking.  Therefore if the increase in size is to be allowed, it is considered that no privacy screen should be required.

 

Acoustic Privacy Comments

 

The location of the air-conditioning unit is setback sufficiently from the adjoining properties and taking into account the comments from the Manager of Environmental Health & Building is considered acceptable subject to conditions to ensure that noise emanating from the air-conditioning unit does not create a nuisance.

 

9.1.3    Ecologically sustainable development

 

The relevant objectives of the DCP are as follows: -

 

Cl 3 Solar access and energy efficiency

 

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

 

            The relevant performance and preferred solutions requirements include that: -

 

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

·          that the design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties; and

·          that solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.

 

Comments

 

Shadow diagrams included with the application indicate that the degree of additional overshadowing to the adjoining premises will not be unreasonable.  The elevations indicate that the existing shadow and the proposed shadow from the balcony as extended will not affect the direct sunlight to the kitchen window and will satisfy the overall objectives and performance requirements and preferred solution of the DCP. 

 

10   CONCLUSION

 

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

 

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. D/0608/2003 for permission to provide for a new air-conditioning unit and the extension of the rear balcony at first floor level by 900mm for 34 Torrington Road, Maroubra in the following manner: -

 

 

·      Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the amended plans numbered TM1 to TM 8 Rev. A, dated 7 August 2003 and received by Council on 8 August 2003, the application form and on any supporting information received with the application, as amended by the Section 96 plans TM1 Rev. A, TM3 and TM5 to TM8 Rev. B, dated7 August 2003, and received by Council on 28 October 2003, only in so far as they relate to the modifications 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:

 

 

ATTACHMENT/S:

 

A4 reduced plans and photos

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

CHAHRAZAD RAHE

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 

 

 

Photo 1 –   Existing view to the southeast from the mid-level balcony to the

northwest side at the rear (mezzanine level 1 - off the rumpus

room).

 

 

 

Photo 2 – Existing view from the rear of No. 34 and 36 Torrington Road.

 

 

 

 

Photo 3 –   Existing view to the rear yard of 36 Torrington Road from the

proposed extended balcony (off the first floor level master

bedroom).

 

 

 

Photo 4 –   Existing view to the southeast from the proposed extend balcony

(off the first floor level master bedroom), partially viewing the

sunroom window of the adjoining property 36 Torrington Road.

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

18 November, 2003

FILE NO:

D/0677/2003  

 

PROPOSAL:

 Demolition of existing dwelling and construction of new dwelling house and swimming pool.

PROPERTY:

 8 Bloomfield Street, Coogee

WARD:

 East Ward

APPLICANT:

 C M Harris Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Freda Backes, Chris Bastic, Murray Matson, Bruce Notley-Smith.

 

The proposal involves demolishing the existing dwelling and constructing a new three level house. The proposal complies with the general scope and intention of the Development Control Plan for Dwelling Houses and Attached Dual Occupancy developments however fails to meet some preferred solutions namely the side setbacks and at some points the height. This is partly due to the nature, slope and topography of the site and narrow width of the property. The floor space also exceeds the preferred solution however much of the building is sited below ground  and will not be visible.

 

This proposal needs to be considered in line with the proposal at No. 6 Bloomfield since both will be altering the character of the lower portion of Bloomfield Street. After several meetings and mediations between both applicants, Council Officers and objectors, amended plans were received on 13 October, 2003, to address some of the main issues.

 

The proposal is considered to be well designed and compatible with the character, scale and nature of surrounding development in the foreshore.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development involves demolition of the existing structures on site and construction of a new two storey dwelling house. The proposal includes the following features;

 

Lower Ground Floor

·    Double garage, lift well, bathroom including sauna, rumpus room

 

Ground Floor

·    Main entry and lobby, Master bedroom with ensuite and walk in robes and balcony, three bedrooms, bathroom, laundry, lift and garden and patio area including a lap pool.

 

First Floor

·    Living area, lobby, lift well, dining and family areas, kitchen and bathroom.

 

After a number of negotiations, meetings and discussions between Council staff and the applicants of No.s 6 and 8 and the neighbour at No.4 Bloomfield, No.8 amended their plans on the 13 October 2003 to address some of the concerns raised during the mediation session. Details of discussions and meetings is included in section 5 of the report. The amendments to the application involve:

a)         Increasing the front setback to the garage and ground floor level from 3.5m to 4.5m to address the concerns of No.4 Bloomfield Street.

b)         Reduce the floor space ratio from 0.77:1 to 0.75:1.

c)         Remove the blade wall along the north-west corner at the first floor level.

d)         Lowering the overall height of the building by 250mm.

 

These plans were renotified to adjoining properties on the 20 October 2003 and the responses are included in section 6 of this report.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Bloomfield Street, where vehicular access can only be gained off Alexandria Parade through Ahearn Avenue.

 

The subject site has a width of 10.06m, depth of 45.29m (along the western boundary) and 45.365m (along the eastern boundary) and an overall site area of approximately 460.4sqm. The site is generally regular in shape and configuration.

 

The site has a cross fall predominantly from the east to west (which is more pronounced and radical) of approximately 2.5m and a longitudinal fall from the south to east of approximately 1.4m. All the properties along Bloomfield street slope steeply from west to east which is a common characteristic of the general topography of the immediately surrounding area.

 

Currently on site exists an old free-standing single storey dwelling house with a semi-basement garage.

 

 

Figure 1-Photo of existing dwelling house from Bloomfield Street

 

Immediately adjoining development comprises of single and two storey dwelling houses. Most properties in the immediate locality are being redeveloped and rebuilt to represent larger and more substantial homes.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

DA No.66/74 – Development approval was granted on the 1 January 1974 for alterations and additions to the existing dwelling.

 

DA No.1324/92 – Development approval was granted on the 8 February 1993 for alterations and additions to the existing dwelling house.

 

5.    MEDIATION

 

The proposed development was lodged some time after the development application for the proposed redevelopment of the adjoining site at No.6 Bloomfield Street. As such both developments need to be considered together since they are both establishing a new built form for the lower part of Bloomfield Street which to date is relatively undeveloped. Currently the southern side of Bloomfield Street (lower section, below the road closure from Denning Street), comprises of three simple, older style freestanding cottages being No.4, 6 and 8. Although all of these properties are underdeveloped in relation to the nature and character of adjoining properties the proposed new dwellings need to be considered in relation to one another.

 

Of particular concern has been the potential amenity impacts generated by both No.6 and No.8 on the neighbouring property No.4 Bloomfield Street. This has initiated a series of  discussions between the applicants of both proposals, Council Officers and the neighbour.

 

On 3 October 2003 a meeting was held with the applicants of both developments and the owner of No.4 Bloomfield Street. It was acknowledged that after the erection of height poles for the proposed development at No.6 the impacts of view loss to No.4 was considered to be dramatic and unsatisfactory. The length of the building would have removed the rear south eastern view of the headland and coast, eastern view of the ocean and at the front removed the view of Wedding Cake Island when standing on the front balcony and from the internal living area. Although No.6 had already gone through a few sets of amended plans by this stage they had engaged a new architect to examine any outstanding issues. At the meeting Mr Cooper resigned to the fact that he will lose some of the rear view however felt that all of his front north-easterly view should be retained. It was agreed that at minimum the front building wall of both No.6 and No.8 need to be pulled back to be in line with the building wall (not balcony) of No.4. No.8 agreed to reduce the height of the dwelling to allow for No.6 to have a better degree of view over No.8. Council advised No.6 to consider reducing the front terrace to be more in line with No.8 and to reduce its visual dominance. No.8 was advised to remove the blade wall on the first floor balcony to create a more open feel and allow No.6 to obtain view lines through the balcony. It was acknowledged that No.4 will inevitably lose some of the existing views and the retention of the rear view would be difficult to achieve however both proposals have set the buildings down the site altering the existing rear alignment and with the excess in floor space the additional bulk at the rear would have to be considered in light of the impacts generated.

 

No.8 Bloomfield street submitted amended plans on the 13 October 2003 addressing most of the issues raised at the meeting of the 3rd October. These plans were renotified to adjoining residences and the submissions received are summarised in Section 6 of this report.

 

On 4th November 2003 a follow up meeting occurred between both applicants and Mr Cooper and also Mr Peters (41 Denning Street). Further discussion was held in relation to view loss to both No.4 Bloomfield Street and No.41 Denning Street. Although amended plans were lodged by both No.6 and No.8 incorporating all the main issues of discussion at the previous meeting Mr Cooper was still unsatisfied at the location of the first floor balcony at the front of No.6 Bloomfield and the view loss to be experienced from the rear. It was agreed at the meeting that No.8 erect height poles to ascertain the degree of view loss and impact to adjoining properties.

 

Height poles were erected on 7 November 2003.

 

It should be noted that both the applications for No.6 and No.8 have involved considerable consultation with affected neighbours and both applicants had made a series of design changes to address the objectors and Council’s general concerns. No.6 have gone through a substantial and significant amount of changes. It should also be noted that although both applicants have made attempts at addressing the main concerns which are considered to be commendable, neither proponents have reduced their floor space to any great degree (the FSR of both exceeds the preferred solution).

 

6.    COMMUNITY CONSULTATION:

 

The original proposal was notified in accordance with the Development Control Plan for notification and advertising and neighbouring residents were given a 14 day period to comment. The following submissions were received:

 

6.1  Objections

 

41 Denning – Bruce Peters

 

·     View loss experienced to the north headland/ and ocean and devaluation of property

·     Excessive F.S.R.

·     Noise generated from the proposed pool filter and pumps

·     Excessive height and the 3 level doesn’t comply with Councils policies

·     Precedence with 6 Bloomfield

·     Unsympathetic development in relation to the block size and relationship to neighbouring properties.

 

Comment:

This property will experience some view loss to the northern headland from the two storey scale of the development at the rear however this property does retain expansive panoramic views to the east and will retain the view of wedding cake island. This issue is discussed further in section 10.5 of the report.

 

The height of the proposal generally complies with the maximum wall height of 7m stipulated in the DCP. See section 10.2 of this report in respect to the height and scale of the proposal.

 

A condition on the consent will ensure that the noise from the pool filter and associated equipment is mitigated.

 

The design of the development is considered to be contemporary in nature and with the integration of good quality materials and finishes will be of a high standard. The design of the development is compatible with that of immediately adjoining development.

 

2 Wisdom – C and P Hoy

 

·          Privacy is a concern and the potential for overlooking into the rear BBQ/Patio and rear yard and non-compliance with sections 4.3.3 and 4.5 of the Development Control Plan in respect to privacy and overlooking.

 

Comment:

The proposed development is setback an average of 13-15m from the rear boundary and complies with the performance solution in respect to the rear setback. This issue is dealt with in greater detail in section 10.7 of the report.

 

9 Bloomfield – M.L. and J.W. Malone

 

·          The  proposal exceeds Council’s guidelines in respect to setbacks and height.

·          Its not in accordance with requirements for development in the foreshore.

·          View to south-east from 9 Bloomfield Street is affected.

·          The proposal is out of keeping with surrounding properties in size and scale. And also with respect to land size.

 

Comment:

No.9 Bloomfield Street is located some distance from the subject site and is located at a much higher level. Although some of the southern view will be affected by the  proposed second storey, this is not the primary view for this neighbouring property. Its main views are from the rear to the north and north-east. This issue is dealt with in greater detail in section 10.5 of this report.

 

The issue of the compatibility of the development has been discussed numerous times in the assessment section of this report and it is considered that the proposal will fit into the nature and character of the locality.

 

4 Bloomfield – E and P Cooper

 

·           Not quite and objection to the development of amenity loss to No 4 but highlighting potential impacts to No 6 and establishing a precedence in regard to view loss and overshadowing established by proposed development at 6 Bloomfield rapidly becoming reality.

·           Request for a mediation to occur.

 

6 Bloomfield – M and R Herman

 

·            Impact on views

·            Height of the development is 400mm higher than the existing house, which will severely impact on the view from first floor of proposed new house at 6 Bloomfield. Also the angled skillion roof also creates a severe impact. A flat roof is preferable.

·            If No. 8 is allowed to raise floor levels then No. 6 should be able to do so as well.

·            The plans misrepresent the length of proposed house at No. 6.

·            The overly generous lift lobby (4m wide) could be substantially reduced

·            The window seat on eastern side of proposed house at No. 6 Bloomfield St will lose all views to the south.

·            Excessive F.S.R.and adds unnecessary length to the dwelling to the south.

·            No. 8 should be required to be involved in roadway improvements to the driveway area on the Council Reserve.

·            Council is requested to condition maximum permissible height of vegetation to be planted along common boundary between proposed pool of No. 6 and western boundary of No. 8 so as not to impact on ocean views from garden and southern terrace.

 

Comment:

After several meetings with both applicants the proposal’s for both No.6 and No.8 have been modified to address some of the concerns raised by both properties. No.6 still objected to the amended plans however the points of objection are considered to be more minor in nature since a general consensus (subject to conditions) between the two applicants has been reached.

 

6.2  Support

 

12 Alexandria Parade – R and B Sassine

 

The owners of No.12 were in favour of the development subject to the imposition of conditions to reduce overlooking;

 

·           That a metre of the eastern window to bedroom No.1 currently floor to be solid or obscure glass to provide privacy.

·           Front northern façade from R.L. 37.6 be stepped back toward south in line with existing building to reduce afternoon overshadowing to back yards

·           A 1m high handrail to eastern terrace off living area be obscure glass or stepped back 1m to provide privacy

·           Appropriate scaffolding and dust prevention measures should be undertaken during demolition and construction

 

6.3  Amended Plans

 

Amended plans were received on 13 October, 2003 and immediately adjoining residents were renotified for a period of 14 days to comment. The following submissions were received;

 

4 BLOOMFIELD STREET

 

·          Will establish an undesirable precedent in the locality.

·          Substantial view loss experienced to the south by the extent of the development.

·          Overshadowing

 

41 DENNING STREET

 

·          Loss of the north and north-east ocean/headland aspect.

·          Loss of privacy.

·          Noise concerns regarding the pool filter and pump equipment.

·          The proposal is not in keeping with the general nature and character of the area and is an overdevelopment of the site.

 

6 BLOOMFIELD STREET

 

·          Removal of the blade wall at the first floor balcony balustrade and entry which is solid and will obstruct views and detract from the openness of the development.

·          That the ground floor wall to bedroom No.1 be pulled back a further 600mm to be in line with the front setback of both No.s 4 and 6 Bloomfield Street. The RL of the ground floor level of No.8 is RL 41.52 as compared with No.6 being RL 40.26.

 

Comment:

This is discussed in more detail in section 10.3 and is addressed as a condition of consent. Two conditions are included to remove any solid blade walls or structures to the balconies and entry to the dwelling to retain an open feel as requested by No.8.

 

In respect to the front setback. No.8 have set their first floor level back 8m from the front to be in line with both No.s 4 and 6. At the ground floor level the building wall to Bedroom No.1 is setback 7.1m which is slightly less that the 7.8m requirement (to be in line with No.4 and 6) however the RL of the bedroom area is 37.45 as opposed to No.6 proposed ground floor level of 40.26. This is therefore approximately 3m lower than the adjoining property and as such there would be no impact or loss of views with this wall coming forward approximately 600mm.

 

6.4       Support

 

Letters of support withdrawing their objections  were received by No.s 8, 10, 12, 14, 16 Alexandria and 2 Ahern Avenue. These neighbours were satisfied with the proposal subject to a condition of consent reducing the potential for overlooking. This is addressed in Section 10.7of the report.

 

7.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to The Department of Assets and Infrastructure (DAIS). The proposal was considered to be satisfactory and if approval is to be granted a series of conditions are to be included.

 

 

8.    MASTER PLANNING REQUIREMENTS

 

The subject site area is less than require for the submission of a master plan (4000m2) and as such a Master Plan is not required to be prepared.

 

9.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and is within a Foreshore Scenic Protection Area.  The proposed activity is permissible with Council’s consent.

 

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

 

The proposal complies with the objectives of the 2A zone being:

 

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

 

(b)        To allow for a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

 

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

 

(d)        To allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clause No.

Requirement

Provided

Compliance

29

Foreshore Scenic Protection Area

Yes addressed in Statement of Environmental Effects

Visual impact in keeping with development within the foreshore scenic Protection Area and considered acceptable

 

9.1  Policy Controls

a.    Development Control Plan Dwelling Houses and Attached Dual Occupancies

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

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

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

·      Task lights.

·      Maximised natural lighting.

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

 

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

 

 

 

 

 

 

 

 

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

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

 

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

 

 

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

 

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

 

P10  Construction materials are energy efficient and recyclable.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

S2  Private open space

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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

 

 

 

 

S9  Neighbour’s principal outdoor 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.

 

 

A suitable condition is included in the recommendation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes (see section 10.8 of this report)

 

 

 

 

Yes (see section 10.8 of this report)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes (refer to Section 10.8 of the report).

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

 

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

 

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

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

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

 

 

A condition is included requiring the installation of a rainwater tank

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.

 

 

Yes

55% area landscaped

135m2 provided

 

 

Yes min dimensions are 13m x 10m

Yes at the rear

 

 

 

(see section 10.4 of the report).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

26% of site provided as soft landscaped area.

(See section 10.4 of the report)

 

FLOOR AREA

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

FSR

0.6:1

 

Originally 0.78:1

Amended 0.76:1

No (see section 10.1)

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

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

 

P6  Design allows view sharing.

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

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

Yes/No

(see section 10.2 of the report).

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

Yes

 

 

Yes

 

 

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

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

 

 

 

Yes (see section 10.3 of the report)

 

 

 

 

 

 

Yes (see section 10.3 of the report)

 

 

 

 

 

 

Yes

 

 

 

Yes/No (see section 10.3 of the report)

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

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

 P1  Buildings provide comfortable living and sleeping environment.

 

 

 

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

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

 

 

 

 

 

S3  Buildings comply with

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

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

 

Yes

 

 

 

 

 

 

Yes/No (refer to section 10.7)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

Yes

 

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.

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

No

The proposal is designed in a similar way to the semi-basement garage existing on-site. Also to lack of on-street parking and the uniqueness of the street and the narrow width of the allotment the proposal is satisfactory and doesn’t distract from the streetscape.

 

 

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

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

 

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

 

 

 

N/A

 

 

 

N/A

 

(e)        Development Control Plan - Parking

 

LAND USE

PARKING REQUIREMENTS

COMPLIANCE

Dwelling houses

2 spaces , each space with minimum dimensions of 5.5m x 2.8m with an adjacent wall and 5.5m x 3m if there are two adjacent walls.

 

Yes, a minimum of two off street car parking spaces are provided and a further two spaces can be provided in front of the garage.

 

 

 

(f)        Rainwater Tank Policy

 

Council’s Rainwater Tank Policy, effective from the 15th October, 2003, requires all new development to install a rainwater tank for the collection and reuse of roof water.  This should be connected for the internal purpose of toilet flushing and clothes washing (cold water only) and then allow for other authorised uses such as landscape watering, refilling of swimming pools and the like.  An appropriate condition of consent is contained within the Recommendation.

 

10.  ENVIRONMENTAL ASSESSMENT

 

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

 

10.1     Floor Space

 

Under Councils DCP for dwelling houses and dual occupancy development the objective of the floor space control is to “ensure developments are not excessive in bulk scale but are compatible with the existing character of the locality”.

The floor space ratio for this site under the DCP is 0.6:1.  The actual FSR is 0.76:1 (excluding the garage, void area and terrace/balcony areas).  The exceedence in the floor space amounts to approximately 73m².  Although numerically this seems like a large amount, most sites in the locality have similar floor space ratios since a large amount of the floor space is captured in basement areas which are not visible from the street, hence not adding to the overall bulk or scale of the proposal.  The lower ground floor level contains areas such as a rumpus room, and large bathroom/sauna which amounts to approximately 65m².  The house has been designed to minimise visual bulk by staggering the building form, creating a low pitch skillion roof and predominantly capturing a two storey scale which is consistent with the general character and nature of the area.  The proposal complies with the performance requirement (P1) under 4.2.2 of the DCP whereby the proposal is “compatible with nature and character of surrounding built forms”. The development will not be out of scale or character with homes in the immediate locality

 

10.2     Height, Form and Materials

 

The preferred solution in respect to height within the DCP is a 7m maximum wall height.  The proposed development was amended to reduce the overall height of the building by 250mm.  The wall height of the building along the western side is approximately 6.56m and along the eastern side the wall height is approximately 5.89m.  Both these sides of the building comply with the minimum numerical solution.  The dwelling has been designed to step down the site and as such step the building back at the first floor where the main living areas are.  This has been designed to create a greater setback from the east and allow for the incorporation of terraces and balconies along the eastern side to capture the ocean views.  Although the building wall at this level has been setback it still forms a main exterior wall which has a maximum wall height of approximately 7.5m.  This creates a marginal non-compliance however the fact that the wall is setback between 2m to 3.7m it reduces the bulk of the development and reduces the degree of overshadowing since the overall length of the shadow is reduced.

The overall height and scale of the proposal is compatible with adjoining dwellings and new developments.  The maximum overall RL of the uppermost roof is 44.06.  The overall height is approximately 9m which is reasonable for any new dwelling.  The overall roof, form and shape has retained a low skillion roof form which reduces visual impacts.

 

The scale of the dwelling is two storey’s (excluding the lower ground level).  This form is sympathetic and compatible with the character of the locality.  The building has also been designed to consider the siting and location of No. 6 Bloomfield and allows for sections of this development (at the first floor level) to look over the proposal designing the roof level to be in line and respect the RL of the first floor of the proposed adjoining dwelling (No 6).

 

The proposal complies with the performance requirements and design solutions of the DCP especially P1 of 4.3.3 where the building relates to the surrounding streetscape and P2 where  the building aims to enhance the desirable built form character of the street and adopting characteristics of mass and proportions, roof form and pitch and façade articulation, since the development is a modern and contemporary home which is well designed.

 

10.3     Building setbacks

 

The objectives of the DCP in relation to setbacks is to “integrate new development with the established setbacks of the street and maintain the environmental amenity of the streetscape”. In respect to the side setbacks the preferred solution is 900mm for any part of the building over 1m above ground level and up to one level in height and 1.5m for any part of the building, the height of which is two levels at that point. Along the western side the building is setback 900mm at both levels. This does not comply at the first floor level. The width of the site is narrow and setting the first floor level back 1500mm would create an adhoc design that would reduce the useability and restrain the internal amenity of some spaces reducing their size, particularly to the living and dining areas. A 900mm setback at two levels is not an unusual situation in most new houses in the area since most first floor additions are sited above the ground floor level, and many blocks are narrow in width.

 

On the eastern side all three levels of the building wall is staggered which creates interest in the built form. At the lower ground floor level the building is setback 900mm with the lift well area setback between 3.5 and 5m. This complies with the DCP. At the ground floor level the building wall is setback 900mm which does not comply with the minimum of 1500mm. Like the western side compliance with the standard would create an unbalanced building form and considering the narrow width of the site this would create internal spaces that are substandard in size, compromising their amenity. The first floor level is setback approximately 2m to the living and dining areas (at the rear), 3.7m to the living area at the front and the lift is setback approximately 5m. The siting of the building on the block is considered to be satisfactory and compatible with the character and nature of developments in the locality.

 

In respect to the front setback of the building, the building wall was amended on the 13 October 2003 by setting the front building wall to the garage and ground floor back from 3.5m (original) to 4.5m to be in line with the ground floor building wall of No.4 Bloomfield Street and No.6 Bloomfield street have also amended their design to set the front building wall back to be in line with No.4. This creates a consistent front setback for all three properties. The first floor living area to No.8 has been setback a further metre from the ground and lower ground floor levels. Therefore the actual front setback of the building is between 7-8m which is considered to be satisfactory. The garage level (with balcony above ) is setback 4.5m and the first floor balcony is setback approximately 5.5m these areas are at lower levels than both the balcony areas of No.6 and 4 and as such will allow for view lines to be captured through the balcony’s. Although the applicant proposes clear glass balustrades along the majority of the balcony areas there is a solid balustrade proposed along the front balcony to the living area for privacy reasons. There was originally a tall blade wall proposed to the western side of this balcony and this was reduced and a solid balustrade remains. No.6 Bloomfield street objected to the solid railing since it would obstruct views and the nature of both these developments should be to have open, transparent areas allowing for views to be maintained. This is considered to be a reasonable request and a minor amendment since in these locations some privacy needs to be sacrificed for the sake of maintaining view lines. A condition of consent will ensure this is solid railing becomes an open, glass balustrade consistent with the remaining balcony railings.

 

In respect to the rear, the building is setback between 15.3m (western side) to 13.4m (eastern side). The first floor level is setback 15.3m. The preferred solution for rear setbacks in the DCP is 4.5m. The proposal more than complies with this control. The performance requirement states that “building forms and setbacks allow for neighbours adequate access to natural light and a share of views and preserve established trees and vegetation and be generally consistent with the setback of adjoining properties”. Both No.s 8 and 6 will extend further to the rear than No.4 Bloomfield street. All three properties need to be considered together since the alignment of each should be similar and should minimise as much as possible the loss of amenity to No.4. No.8 Bloomfield is at a lower level than No.6 and No.4. The rear setback is considered to be generous in comparison to the siting of many adjoining properties which have decks and other structures sited onto rear boundaries.

 

10.4     Landscaping and Open Space

 

The DCP aims to encourage the provision of both soft landscaped area and adequate areas for other recreational purposes in any new development.

 

There are three preferred solutions in the DCP in relation to the provision of landscaped area. These being that,

 

·      Each dwelling is to be provided with at least 25sqm of useable open space.

The rear yard area of the dwelling has been designed as an area for passive recreation and comprises of a total area of approximately 135sqm which complies with the preferred solution.

·      A minimum of 40% of the total site area is provided as landscaped area

A total of 55% of the site is landscaped which complies with the minimum requirement and intention for the provision of landscaping and recreational areas.

·      A minimum of 20% of the site has permeable (soft landscaped) treatment.

Approximately 26% of the site comprises of soft landscaped area which complies with the preferred solution.

 

The proposed development complies with the objectives and performance requirements of Section 4.1 of the Development Control Plan.

 

10.5     View Loss

 

The subject site is located within the Foreshore Scenic Protection area and as such the nature of the surrounding area revolves around maintaining and retaining and capturing additional ocean and coastal views. Most properties in the immediate locality have been extended and redeveloped to capitalise on the views. The topography is such that many properties are perched higher than others (eg Denning Street) and gain wide panoramic views over the top of other homes. Any development in this area will however affect views to neighbouring properties.

 

No 41 Denning St has an L-Shaped deck however most of the deck (taking up most of the length of the house) is located on the eastern side and provides for wide, extensive and panoramic views of the north, north-eastern headland, Wedding Cake Island and eastern ocean views. The proposed development will remove some of the north-eastern headland view, Clovelly and Waverley cemetery (see photo below). This is an attractive and more active view as opposed to just seeing blue ocean, however this is not the primary view and there will be no affectation of Wedding Cake Island. The height of the proposal is consistent with the height of adjoining properties and the amended plans have reduced the overall height of the development. Also in order for No.41 Denning Street to retain these views the development would not be able to encompass a second level or would have to be substantially reduced in its width. This is not considered to be a reasonable or feasible request or option since the site currently has a narrow width and only developing on half the site width can not be achieved. Also it should be noted that the deck around No.41 Denning Street is sited directly on and along the boundary to No.2 Wisdom Street and some of the view of the headland will be maintained from different sections of the deck since it retains different view angles (refer to photos below).

 

Photo of potential view loss from the centre of the eastern deck from No.41 Denning Street

Photo of potential view loss from the southern side of the deck from No.41 Denning Street

 

 

 

The property, like No 6 Bloomfield Street has been setback from the front to allow for the retention of the north-east and easterly view including Wedding Cake Island from the front balcony of No.4 Bloomfield Street (see photo).

 

Photo of the height poles of both No.s6 and 8 Bloomfield Street when viewed from the rear of No.4 Bloomfield Street looking north-east

 

 

 

 

 

No 9 Bloomfield Street will lose some southerly view of the headland and coast from the front of the property. This isn’t the main or primary view for this property which has it’s main living areas at the back facing north and north-east and the proposal is not affecting this view. This property is also sited some distance above the No.8 and the view loss is considered to be minor.

 

The degree of view loss created by this development is not considered to be substantial and is consistent with the principle of view sharing.

 

10.6     Design and Foreshore development

 

The nature and character of the immediate locality is one of diversity. Most properties are quite independent and unique in character, design and form. There are very few similarities in terms of articulation, materials and form of dwellings in the area. The design of the dwellings is simple and contemporary in its character. It is well articulated and modulated and with the incorporation of good quality materials and colours the development will be an interesting one and will set a high standard of development.

 

Section 4.9 of the DCP relates to development within the foreshore. The objective is to ensure that the aesthetic appearance of the proposal within the foreshore is considered and to conserve the natural form of the land. The development has been designed to respect the nature of surrounding properties. It has been designed to step down the site (to the east) to match and retain the natural slope, fall and topography of the site. The proposal is consistent with the nature, scale and varied design of adjoining properties in the foreshore and complies with clause 29 of the Local Environmental Plan 1998.

 

10.7     Privacy

 

Section 4.5 of the DCP outlines the performance requirements for visual and acoustic privacy. Overlooking of internal living areas and private open space should be minimised through appropriate building layout, location and design of windows and balconies.

 

Along the western side of the site the building has been designed to minimise any potential for overlooking by limiting the amount and size of windows. They are small and translucent. The large window to the foyer and void area incorporates glass louvres and although being a large area there would be very little potential for overlooking since the area is not habitable but rather a foyer and void at the first floor which will not be intensely utilised.

 

Along the western side of the site the building has been designed to incorporate large expanses of balcony areas and glazed areas. This is due to the eastern and north-eastern orientation and the vast ocean views gained from this location. The current dwelling has windows and a balcony at the ground floor along the eastern elevation to capture views of the ocean however the degree of window and balconies is minimal in comparison to what has been proposed. The proposal will increase the degree of overlooking particularly to the rear yard areas of the properties facing Alexandria Parade. These neighbouring properties mainly face the east with their main recreational and living areas facing the street where they gain maximum views and have their main balcony and terraces, No.14 also having a large roof terrace for entertaining purposes.

 

It is recognised that the amount and degree of glazed area has been increased and that there will be greater potential for overlooking. The amended proposal seeks to incorporate a privacy mechanism including installing an obscure privacy screen 1.2m off the ground to bedroom No.1 to a height of 1.2m from the floor level. The neighbours of No.s 8,10,12,14,16 Alexandria Parade and No.2 Ahearn Avenue have signed letters to say that this mechanism would satisfy their concerns and the amended plans are considered to be satisfactory. It has been designed in a similar way to No 3 Bloomfield St which also takes advantage of the north-east and easterly views. The eastern balustrade to the living area shall also be constructed of obscure glazing to minimise overlooking. This is considered to be a minor measure in response to the large expanse of glass along this elevation.

 

The existing eastern elevation of No.8 Bloomfield Street taken from the roof deck of No.14 Alexandria Parade.

 

It should be noted that most of the rear yards of these properties are sited much lower than the subject site and many of the rear spaces haven’t been adapted to be intensively used due to their location and the fact many are small courtyards. Also the proposed development is at such an elevated level its unlikely for direct overlooking to occur since the angle to look down upon the properties is quite obscure and the occupants are more likely to be looking straight out onto the ocean which is sited above and beyond these homes.

 

In respect to loss of privacy to properties at the rear being No.6 and 4 Wisdom street, the development is setback an average of 15m from the rear boundary which is considered to be an adequate amount of separation and although there is a terrace off the family room it has an area of approximately 8sqm which is a standard size for a deck/balcony and its likely that more entertaining will occur from the front living area and larger terrace since the main views will be from this location. Most properties in the immediate vicinity have decks and terraces of varying sizes. The proposal is similar to many of these properties.

 

The proposed development will be conditioned to ensure that the intentions of the neighbours to the east has been catered for.

 

10.8     Overshadowing

 

Shadow diagrams were submitted with the application. The preferred solution for solar access is to provide a minimum of 3 hours of sunlight between 9am and 3pm on 21 June to principle outdoor recreational space and north-facing windows. The shadows cast by the proposal affects the rear yard of No 6 at 9am, the rear yard of the subject property at 12 noon and affects the rear yard areas of 10, 12, 14 Alexandria Parade at 3pm. The extent and degree of the shadowing is considered to be reasonable and acceptable and complies with the preferred solutions in the DCP.

 

11.  CONCLUSION

 

Although the proposed development fails to comply with some of the preferred solutions specified in the DCP relating to the side setbacks, wall height and floor space the design and overall scale and bulk of the proposal is considered to be compatible and in keeping with surrounding development in the foreshore. Most new homes and others that have been altered and added to in this area have incorporated large decks and terraces and have increased the size and space of homes to cater for a more contemporary and modern lifestyle. This proposal is not unlike these. The development is in excess of the FSR however much of this space is captured within the basement and lower ground floor area and this will not add bulk to the proposal since it will not be visible.

 

The only area of concern is the blade wall to the first floor balustrade along the western side of the balcony and the potential overlooking that is created by the additional windows and decks along the eastern side of the building. Although the properties along Alexandria Parade are satisfied with the proposal generally some conditions of consent have been included to further protect their amenity.

 

All in all the development is considered to be a well designed one and one that is compatible with the general scale and nature of the locality.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 677/03/GA for Demolition of existing dwelling and construction of new dwelling house and swimming pool at 8 Bloomfield Street, Coogee subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with all the information/documentation and amended plans drawing number 02, 03, 04, 05 and 06 prepared by C.M.Hairis Architects and received by Council on the 13 October 2003 and the original application form and on any supporting information received with the application (including the statement of environmental effects received and dated 1 August 2003) except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.         The amount of permeable landscaped area shall be increased by the use of permeable pavers in the driveway and introducing a garden bed 1m wide along the eastern boundary for the full length of the driveway.  These measures will also serve to soften the otherwise large expanse of hard surface provided to the front of dwelling. Details of compliance shall be provided with the lodgement of a construction certificate.

 

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

 

 

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

 

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

 

4.         The proposed glass balustrade along the eastern side of the first floor level to the living room shall be constructed of obscure glass to reduce the potential for overlooking to the properties to the east.

 

5.         The balcony railing along the front/north, ground and first floor balconies shall be constructed of clear glass with no blade walls or solid features projecting out from the western wall and there shall be no other structures such as planter boxes, screens or the like sited on the western or eastern sides of the balconies in order to retain an open and unobstructed nature to this front section of the development. Details of compliance shall be provided prior to the approval of the construction certificate.

 

6.         The entry to the dwelling at the ground floor level shall not have any solid walls, structures and screens forward of the proposed building line (being 7.2m) at that level.

 

7.         The proposed retaining wall with landscaped planter boxes adjacent to the entry shall be kept to a maximum RL of 36.94 height and the proposed plants shall act as screening devices and shall reach an average height of 1m.

 

8.         Any proposed work to the road reserve or public roadway will require Council’s consent. It would be desirable if both developments No.s 6 and 8 considered upgrading the public reserve as part of their development since it would be in their and the public interest.

 

9.         Metal roof sheeting is to be painted or colour bonded so as to be non reflective and to be sympathetic and compatible with the building and surrounding environment.

 

10.       Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 675mm and details of compliance are to be included in the construction certificate details.

 

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

 

12.       The fence on the street alignment and on the side boundaries in front of the building line are to be a maximum height of 1.8m and designed so that the upper two thirds are at least 50% open at any point, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape. If the side boundary fencing is to be solid agreement shall be reached between both neighbours in respect to the nature of the fencing. Details demonstrating compliance shall be submitted prior to the issue of the construction certificate.

 

13.       There must be no encroachment of any part of the structure/s onto the adjoining premises or onto Council’s road reserve, footway or public place.

 

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

 

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

 

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

 

17.       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.

 

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

 

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

 

20.       No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

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

 

22.       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.

 

23        The provisions of Councils tree preservation order are strictly to be observed and it is a requirement that the applicant or their representative obtain any necessary consent required under the tree preservation order.

 

Should compliance require amendment to the plan an amended development application is required to be submitted for consideration and approval prior to work commencing.

 

24        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.

 

25.       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.

 

26.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

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

 

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

 

28.       A rainwater tank shall be provided for the collection and reuse of roof water designed and constructed in accordance with Council’s Rainwater Tank Policy and shall be connected for the internal purpose of toilet flushing and clothes washing (cold water only) and also allow for other authorised uses such as landscape watering.  Details of the location of the pump, and colour of the tank, structural engineer’s specifications for installation and plumbing shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

29.       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.

 

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

31.       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.

 

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

 

33.       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 operation of the premises shall not give rise to a sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as a LAeq, 15 min descriptor and adjusted in accordance with NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       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.

 

38.       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.

 

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

 

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

 

40.       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.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises and the report is to detail 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, must be fully complied with and incorporated into the documentation 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.

 

41.       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 demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

42.       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.

 

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

 

a)         all of the premises adjoining the subject site to the east and 6 Bloomfield Street to the west.

 

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

 

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:

 

44.       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.

 

45.       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.

 

46.       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.

 

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

 

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

 

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

 

48.       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 and excavation 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.

 

49.       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)       Prior to the pouring of concrete for the swimming pool showing the land, swimming pool and boundary setbacks and verifying that the swimming pool is being constructed 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 swimming pool and boundary setbacks and verifying the building and swimming pool have been constructed at the approved levels.

 

49.       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 final inspection of the building:

 

25        car parking and vehicular access

26        landscaping

27        stormwater drainage

28        external finishes and materials

29        swimming pool safety fencing/barriers and acoustic enclosure to pool

 

51.       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.

 

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

 

53.       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.

 

54.       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.

 

55.       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.

 

56.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

61.       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.

 

62.       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.

 

63.         Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line 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, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

64.       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.

 

65.       Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

67.       Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council.

 

68.       Swimming pools are to be designed and installed in accordance with the following general requirements:-

 

·        Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation.

 

·        All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises.

 

·        Pool plant and equipment is to be enclosed in a sound absorbing enclosure, to minimise noise emissions and possible nuisance to nearby residents.

 

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

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

 

70.       Prior to demolition of any building constructed before 1970, the person acting on this consent shall submit a Work Plan prepared in accordance with Australian Standards AS260-2001, Demolition of Structures by a suitably qualified person.  The Work Plan shall outline the identification of any hazardous materials, including materials containing asbestos and surfaces coated with lead paint and the plan should detail the method of demolition, the precautions to be employed to ensure public safety and to minimise any dust nuisance and methods of disposal of any hazardous materials.  A copy of the work plan is to be forwarded to the Council prior to commencing such works.

 

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

 

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

 

73.       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 or equally effective methods.  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.

 

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

 

74.       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:

 

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

a.         Construct concrete vehicular crossing opposite the vehicular entrance to the site to the requirements of Council’s Asset and Infrastructure Department.

 

76.       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.

 

77.       Due to the possible failure of the existing blockwork retaining wall located along the western edge of the driveway in Bloomfield St the applicant is to reconstruct the existing blockwork retaining. All costs associated with the reconstruction of the blockwork retaining wall are to be at the applicant’s expense.

 

Note: Structural and finish details for the subject retaining wall are to be submitted with the construction certificate.

 

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

 

78.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, shall be RL34.95, as shown on the survey plan, drawing number 110449001, rev A, dated 23.05.2003, submitted by Consulting Surveyors.

 

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

 

79.       The design alignment levels issued by Council and their relationship to the roadway 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.

 

80.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $275.00 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.

 

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

 

81.       Generally all site stormwater shall be piped to Council’s sediment/silt arrester pit located to the north of the existing concrete driveway, as shown on the survey plan, drawing number 110449001, rev A, dated 23.05.2003, submitted by Consulting Surveyors.

 

The location and details of the proposed internal stormwater pipelines, shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority.

 

82.       Where feasible, the driveway and exterior paving within the development site shall be constructed with a permeable brick paving or other similar material that will allow stormwater to infiltrate to ground (eg Rocla permeable paving)

 

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

 

83.       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.

 

84.       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.

 

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

 

86.       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.

 

Tree Management

 

87.       Approval is granted for the removal of the following trees subject to the planting of 2 x 45 litre replacement trees or palms within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.         Two (2) Phoenix canariensis (Canary Islands Date Palms) located within the front yard of the site.

 

88.       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.

 

Advisory Conditions

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

ATTACHMENT/S:

 

A4 plans

 

 

 

 

 

 

………………………………

………………………………

 

Larissa Ozog

DIRECTOR OF PLANNING & ENVIRONMENT

coordinator assessments


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

17 November, 2003

FILE NO:

03/00044/GA

 

PROPOSAL:

 Demolish existing dwelling and erection of a new two storey dwelling house including front and rear decks with basement garage and rear swimming pool

PROPERTY:

 6 Bloomfield Street, Coogee

WARD:

 East Ward

APPLICANT:

 Toga Building Company Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Freda Backes and Chris Bastic.

 

The application proposes the demolition of the existing house and the construction of a new three level dwelling house and swimming pool.  Also before Council for consideration is a development application for the demolition of the existing house on the adjoining property to the west (8 Bloomfield Street) and the construction of a new three level dwelling house, similar in scale and design to the subject proposal.

 

The subject application has been amended five (5) times during an extensive period of negotiation and mediation with the adjoining property owner at 4 Bloomfield Street and the applicant for 8 Bloomfield Street.  As a result both proposals have increased their front setbacks in line with the northern patio wall of the dwelling house at 4 Bloomfield Street in order to maintain the north-eastern view to Wedding Cake Island and also the eastern view to the ocean.

 

The proposed new dwelling house is considered to be generally well designed and in light of the agreement reached at the first mediation meeting, should now proceed for approval.  Although there is view loss from the rear yard and windows to the rear of 4 Bloomfield Street, the eastern and north-eastern views, considered to be the primary views, are largely maintained in the amended proposal.

 

Accordingly the application is recommended for approval.

 

2.    THE PROPOSAL

 

The application proposes the demolition of the existing dwelling and the construction of a new three level dwelling house including a basement garage with parking for three cars.  The proposal also includes a new swimming pool to the rear of the dwelling house located along the eastern site boundary, with cut and fill undertaken to the adjacent yard to form level surfaces, with garden beds forming borders to the eastern, western and southern boundaries.  The proposed new dwelling house comprises the following:-

 

Basement level

·          parking for three cars (two in a stacked arrangement);

·          plant and storage with adjoining bathroom;

·          laundry;

·          internal stairs to the ground floor level.

 

Ground floor level

·          front entry located on the eastern elevation;

·          stairs up to first floor level and down to basement level;

·          lounge area opening onto a north facing terrace;

·          laundry;

·          WC area containing a toilet, shower and washbasin;

·          office;

·          open plan kitchen, dining and family room, with the family room opening onto a south facing terrace.

First floor level

·          Bedroom 1 (with ensuite) opening onto a front north facing balcony;

·          bathroom;

·          hallway

·          Bedrooms 2 and 3 opening onto a side (east facing) balcony; Bedroom 4 open onto a rear (south facing) balcony, as does the hallway;

·          vestibule and stairs down to ground floor level.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is identified as Lot 16 in Section 6 DP1055 and is located on the eastern side of Bloomfield Street with vehicle access connecting to Ahern Avenue and Alexandria Parade. Bloomfield Street is a steeply sloping street running from Denning Street at its western end and Ahern Avenue and Alexandria Parade at its eastern end.  The roadway is split along the western boundary alignment of No. 4 Bloomfield Street with the northern side of Bloomfield Street in the immediate vicinity of the site being unformed road. 

 

 

Figure 1- Existing dwelling on subject site taken from Bloomfield Street

 

On land adjacent to the west is a single storey house above a basement garage (4 Bloomfield Street).  The rear of the subject site adjoins No. 41 Denning Street, a battle-axe allotment, with a single storey dwelling house.  On land adjacent to the east (8 Bloomfield Street) is a single storey dwelling house.  This property is also the subject of a development application DA 677/03 for the demolition of the existing house and the construction of a new three level dwelling house and is before Council for consideration concurrently with the subject application.

 

4.    SITE HISTORY

 

a.         APPLICATION HISTORY

 

The subject application was lodged on the 23rd January, 2003, and has been the subject of five amendments since the lodgement of the application, the latest being those contained in plans received on the 6th November, 2003.  Height poles were erected at the request of Council to ascertain the degree of view loss occasioned by the proposed development.  The amendments, received after the erection of height poles, have mainly been the result of mediation meetings, facilitated by Council with adjoining property owners, in particular, with the owners of the adjoining properties to the east (8 Bloomfield Street) and the west (4 Bloomfield Street), regarding view loss, building footprint, height and bulk of the proposed development.

 

b.         MEDIATION

 

The proposed development at 8 Bloomfield Street was lodged some time after the subject application. Both developments need to be considered together since they both establishing a new built form for the lower part of Bloomfield Street, which to date is relatively undeveloped. Currently the southern side of Bloomfield Street (lower section, below the road closure from Denning Street) comprises of three simple, older style freestanding cottages being Nos. 4, 6 and 8. Although all of these properties are underdeveloped in relation to the nature and character of adjoining properties, the proposed new dwellings need to be considered in relation to one another.

 

Of particular concern has been the potential amenity impacts generated by both No .6 and No. 8 on the neighbouring property No. 4 Bloomfield Street. This has initiated a series of open mediations between the applicants of both proposals and the neighbour.

 

On 3 October 2003 a meeting was held with the applicants of both developments and the owner of No.4 Bloomfield Street. It was acknowledged that after the erection of height poles for the proposed development at No. 6, the impacts of view loss to No.4 was considered to be dramatic and unsatisfactory. The length of the building would have removed the rear south-eastern view of the rocks and coast, eastern view of the ocean and at the front removed the view of Wedding Cake Island from the living room and front balcony. Although No. 6 had already gone through a few sets of amended plans by this stage they had engaged a new architect to examine any outstanding issues. At the meeting Mr Cooper resigned to the fact that he will lose some of the rear view, however, felt that all of his front north-eastern and eastern view should be retained. It was agreed that at minimum the front building wall of both No. 6 and No. 8 need to be pulled back to be in line with the building wall (not balcony) of No. 4.  No. 8 agreed to reduce the height of the dwelling to allow for No. 8 to have a better degree of view over No.8. Council advised No. 6 to consider reducing the front terrace to be more in line with No. 8 and to reduce its visual dominance.  No. 8 was advised to remove the blade wall on the first floor balcony to create a more open feel and allow No. 6 to obtain view lines through the balcony. It was acknowledged that No .4 will inevitably lose some of the existing views and the retention of the rear view would be difficult to achieve, however, both proposals have set the buildings down the site altering the existing rear alignment and with the excess in floor space the additional bulk at the rear would have to be considered in light of the impacts generated.

 

No.8 Bloomfield Street submitted amended plans on the 13th October, 2003, addressing most of the issues raised at the meeting of the 3rd October. These plans were renotified to adjoining residences.

 

On 4th November, 2003, a follow up meeting occurred between both applicants and Mr Cooper and also Mr Peters (41 Denning Street). Further discussion was held in relation to view loss to both No. 4 Bloomfield Street and No.41 Denning Street. Although amended plans were lodged by both No. 6 and No. 8 incorporating all the main issues of discussion at the previous meeting, Mr Cooper was still unsatisfied at the location of the first floor balcony at the front of No. 6 Bloomfield and the view loss to be experienced from the rear. It was agreed at the meeting that No. 8 erect height poles to ascertain the degree of view loss and impact to adjoining properties.

 

Height poles were constructed on 7 November 2003.

 

It should be noted that both the applications for No. 6 and No. 8 have had a great degree of negotiations occur and that both applicants had made a series of design changes to address the objectors and Council’s general concerns. No. 6 has gone through a substantial amount of changes. It should also be noted that although both applicants have made attempts at addressing the main concerns, which is considered to be commendable, neither properties have reduced their floor space to any great degree (the FSR of both exceeds the preferred solution).  In the case of the subject application, the FSR has actually increased in the latest amended proposal compared to that originally proposed.

 

5.    COMMUNITY CONSULTATION:

 

The original proposal was notified to the 17th February, 2003, in accordance with Clause 23 of Randwick Local Environmental Plan, 1998, with seven (7) submissions received.  Following notification of the latest amended proposal to the 14th November, 2003, in accordance with the Randwick Development Control Plan – Public Notification Development Proposals and Council Plans, five (5) submissions were received.  Details of objectors and outstanding issues raised are set out below, and addressed in the main body of the report.

 

5.1       Objections

 

Council has received objections from the following: Edwin & Paul Cooper 4 Bloomfield Street, Coogee; Iain Phillips of 35 Denning Street Coogee; John E Puddick of 2 Bloomfield Street, Coogee; Rebecca Saunders, 11 Bloomfield Street, Coogee; unsigned letters from “Residents” of Alexandria Parade and Ahern Avenue; Tom Pongross of 43 Denning Street, Coogee; Bruce Peters of 41 Denning Street, Coogee; John E Puddick of 2 Bloomfield Street, Coogee, J & M Malone of 9 Bloomfield Street, Coogee; David Davison of 39 Denning Street, Coogee; Don Davison of 37 Denning Street, Coogee.

 

Issues raised

 

Asbestos and construction management

 

·          Removal of asbestos roof presents a danger to occupiers of 4 Bloomfield Street.  Asbestos removal should be properly handled to ensure there is no risk to surrounding residents

·          Concern re possible dumping of building debris, especially asbestos on the unfinished portion of Bloomfield Street.

·          Scaffolding should be used during demolition and erection

 

Works on Council land

 

·          The planned driveway will require the demolition of the existing storm water block adjacent to the planter box of 6 Bloomfield Street

·          Driveway may impact on trees on Council road reserve.

·          The water main, sewer main, Telstra cables and Council’s stormwater drain may all be affected by the above proposal.

·          The proposed driveway access will not accommodate the flow of people who will try to gain access down Bloomfield Street.

 

View loss

 

·          View loss from the windows (eastern side), front patio and rear yard of 4 Bloomfield Street.  The submitted plans would set a precedent as they depart form Council’s policy of “sharing the views”.

·          No objection is raised from 43 Denning Street for the property to go up a level, however, the raised sunlight (as originally proposed will have the greatest impact on the ocean view and Wedding Cake Island.  A raised sunlight will cause sun reflection and is totally unnecessary.

·          Diminishment of northerly ocean/beach views and reduction in value of property of 41 Denning Street, Coogee;

·          Views from 9 Bloomfield Street, South Coogee will be substantially effected, reducing the amenity enjoyed from the house and the street;

·          The proposed building will block ocean views to the north east from the rear of the dwelling at 39 Denning Street, due to the height, scale and bulk;

·          The proposal will have a significant impact on adjacent properties, especially 37 Denning Street, with the obstruction of ocean views from the lounge room and the rear yard;

·          The amended building setback of 7.8m from 6 Bloomfield Street is not a major concession to maintain views from 4 Bloomfield Street, as the benefit of the setback is removed by a large 4m x 7m balcony off the lounge room and a smaller one off the main bedroom;

 

Setbacks

 

·          Ground floor front balcony and Bedroom 1 balcony are elevated above natural ground level and are forward of the existing building line.  They are not in accordance with the requirements of the code.  This affects the streetscape and the privacy of immediate and surrounding neighbours, particularly in Ahern Avenue and Alexandria Parade. Existing setbacks should be retained and privacy screens should be incorporated on the eastern elevation of these balconies.

·          The rear building line is totally against the symmetry of other houses below it.

 

Height

 

            ·          Either the height proposed for 8 Bloomfield should be reduced in

                        order that the height of 6 Bloomfield can be lowered.  Nevertheless, the floor levels of 6 Bloomfield Street can still be lowered, as views will still be gained to the north and south.

·          It is unnecessary for the proposed roof to be raised to allow a 5 degree pitch a colourbond steel Klip-lok roof can be installed with a 1 degree pitch.  This has been checked with the manufacturer.

·          Existing dwelling with basement garaging gives the appearance of two storeys already.  If the proposal were to proceed unchecked the loss of views ultimately will be transferred up and down the hillside.  As such, the building should be lowered 1m.

·          Eastern and northern wall heights > allowable 7m.

·          The amended plans show little alteration in the length or height of the proposed building.  Virtually none of the issues raised by 4 Bloomfield Street or the other residents have been addressed and the objections still stand.

 

 

 

 

Floor space

 

·          The proposed floor space exceeds the allowable (0.6:1) and results in a large bulky building.

·          The variation to the required FSR should not be allowed as it results in no numerous significant adverse effects to 4 Bloomfield Street, including removal of views, overshadowing, loss of privacy and building bulk, all effecting the home and the rear yard.

 

Landscaping

 

·          The raised planter along the eastern boundary with No. 8 Bloomfield Street from the end of the proposed pool to the edge of the dining room will result in a wall of approximately 5.5m in height along the western boundary of 8 Bloomfield Street and is not acceptable in terms of visual bulk, loss of light and potential seepage problems.

 

Pool

 

·          Pool pumps and filters for the proposed lap pool located on the southern boundary with 41 Denning Street, will be a problem as they are in close proximity to the master bedroom of 41 Denning Street resulting in noise disturbance.

·          The location of the swimming pool along the eastern boundary with 8 Bloomfield Street will result in a wall of approximately 5.4m in height.  This is excessive in terms of visual bulk and potential seepage problems.

 

Privacy

 

·          Eastern balconies should be eliminated to maintain privacy to neighbours on the eastern side.

·          The front elevation terrace of the living room is excessive in terms of bulk, scale and non compliance with the front building line and results in a loss of privacy to the proposed front balcony of 8 Bloomfield Street.

·          The proposed balcony on the first floor bedrooms, approximately 3m in depth, running the full width of the house is a major privacy concern with potential overlooking of the rear yard of 8 Bloomfield Street.  A 1.7m high privacy screen for the full width of the balcony on the eastern side is requested.

 

Materials and Finishes

 

·          The colour of the metal roof will need to be dark and non reflective, otherwise a massive amount of glare will be generated to surrounding properties.

 

 

Overshadowing

 

·          Unacceptable overshadowing of rear yard of 4 Bloomfield Street.

 

Structural damage

 

·          Possible damage to driveway and structural damage to the dwelling house on 4 Bloomfield Street due to subsidence and poor retaining during construction

 

Tree Removal

 

·          Objection is raised to the proposed tree removal in the rear yard of 6 Bloomfield Street, as it adds privacy to 43 Denning Street, from what will be an imposing building looking straight into lounge and yard.

 

Precedence

 

·          The proposal sets an untenable precedent for future development in Bloomfield Street, especially for 8 Bloomfield Street.  Should 4 Bloomfield Street be redeveloped in a similar manner, No. 39 Denning Street will need to add an additional storey to capture views that would be lost.  The proposal should be reduced in size to minimise adverse impacts to 39 Denning Street.

·          The form of development, i.e. endless huge, box like buildings that maximise land and airspace, are irresponsible and is detrimental to character of Coogee

·          The proposed development will have very little impact to 2 Bloomfield Street, however, it will block views of 4 Bloomfield Street and set a precedent for surrounding properties.

 

Streetscape

 

·          The proportion of the proposal is out of character with surrounding properties and will give a crowded appearance to the Streetscape.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Environmental Health

 

Council’s Manager of Environmental Health and Building has supplied the following comments in regard to the proposed development:-

 

“This proposal consists of an application to demolish the existing dwelling and basement garage at 6 Bloomfield Street South Coogee and construct a new two storey dwelling with a four-car basement garage and a swimming pool.

 

Background

 

Following notification of the proposed works to the surrounding properties a letter of objection was received from the owner of 4 Bloomfield Street. The objector claims that the roof of 6 Bloomfield Street contains asbestos, and expresses concern about possible health effects caused by its removal. 

 

RECOMMENDATION

 

 

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

 

Conditions

 

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:

 

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

 

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

 

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

 

·          Occupational Health and Safety Act 2000

·          Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

 

6.2       Assets and Infrastructure Services

 

Council’s Director of Assets and Infrastructure Services has provided the following comments in regard to the proposed development:-

 

Landscape Comments

 

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

 

1.         One specimen of Melaleuca quinquenervia (Paperbark) located towards the western part of the rear of the site. This tree is in the order of 8-10 metres in height appears to be in average condition and is covered by Council’s Tree Preservation Order. This tree is poorly along the boundary of the site and is likely to cause structural damage to existing and proposed structures. Permission is granted fort he removal of this tree subject to one replacement tree (not palm) located within the site.

 

2.         One specimen of Banksia species (Banksia) located along the eastern boundary of the rear of the site. This tree is in the order of 6-8 metres in height appears to be in good condition with average form and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement tree (not palm) located within the site.

 

3.         One specimen of Araucaria hetrophylla (Norfolk Island Pine) located southern boundary of the site. This tree is in the order of 10-12 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order. This tree should be retained and tree protection measures will be required during construction.

 

Drainage Comments

 

All site stormwater shall be discharged directly into Council underground drainage system located within the road reserve at the front of the site. It is noted that the applicant shall meet the full cost for Council or a Council approved contractor to construct a junction pit at the point of connection with Council’s stormwater line.

 

Civil Works Comments

 

The applicant shall meet the full cost for Council or a Council approved contractor to construct a new concrete driveway (with turning area) opposite the proposed vehicular access to the site. To ensure that the new driveway does not adversely affect access to the adjoining properties, the new driveway shall be constructed to the existing levels. Prior to the issuing of a construction certificate for the development the applicant shall submit a detailed survey of the driveway which will be used as a basis for designing the new driveway.

 

The EPCD Department is advised that the driveway grades do not appear to comply with Council’s standard requirements and may result in vehicles scraping. However, given that the existing driveway has been in operation serving No’s 4, 6 and 8 Bloomfield Street for numerous years, and that any changes to the grades in the vicinity of No. 6 may have adverse affects on access to the adjoining properties, it is considered appropriate for the new driveway and turning area to be constructed to match the existing levels.

 

7.    MASTER PLANNING REQUIREMENTS

 

The subject site area is less than require for the submission of a master plan (4000m2).

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)        Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

29

Foreshore Scenic Protection Area

Yes addressed in Statement of Environmental Effects

Visual impact in keeping with development within the foreshore scenic Protection Area and considered acceptable

 

(b)        Development Control Plan -Dwelling Houses and Attached Dual Occupancies

 

CONTROL

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

(How applicant has

Achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

Design minimise energy for heating, cooling. ·

High thermal mass materials.

Solar hot water systems.

Insulated hot water pipes.

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

Cooking tops located away from windows, fridges and freezers.

Task lights.

Maximised natural lighting.

Ceiling and wall insulation to AS2627.1-1993.

 

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

 

 

 

 

 

 

 

 

 

P3  Design minimises use of mechanical appliances.

 

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

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

 

 

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

 

 

 

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

 

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

 

P10  Construction materials are energy efficient and recyclable.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

S2  Private open space

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

 

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

 

 

Yes - by condition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Full sun to lounge between 9.00am and 3.00pm

 

 

 

 

 

Yes

 

 

 

 

 

No-Large plant area provided – refer Environmental Assessment

 

Not proposed

 

 

 

Yes, by condition

 

 

 

Yes, by condition

 

 

 

Yes, by condition

 

 

Large areas of glazing north, south and east. Minimal glazing to west.

 

No solar collectors existing or proposed on adjacent buildings

 

 

 

 

Solar access to north-facing windows of neighbours unaffected

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes by condition

WATER MANAGEMENT

P1  Stormwater disposal systems:

collect and drain to a suitable disposal system;

do not adversely affect existing downstream systems;

fit in with hydrology;

use on–site stormwater infiltration;

maximise opportunities for stormwater re-use stormwater;

retain existing trees.

 

P2  Water consumption minimised inside dwelling.

 

P3  Water consumption minimised to landscaping.

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

 

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

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

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

Yes, by condition

 

 

 

 

 

 

Yes, by condition

 

 

 

Yes, by condition

 

 

 

 

Yes, by condition

 

 

 

Yes, by condition

 

 

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.

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

S1  252 m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

Yes – 40.5%

 

 

 

Yes – 58.5m2

 

 

 

Yes – 10.6m x 3.6m

 

 

Yes – rear yard

 

 

 

No – see Environmental Assessment in report.

 

 

 

 

 

 

 

 

Yes, by condition

 

 

Refer AIS comments in report.

 

No – 13.2% refer Environmental Assessment

FLOOR AREA

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

FSR

0.59:1

 

No - 0.84:1

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

P6  Design allows view sharing.

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

 

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

 

 

 

 

 

Yes- west elevation

4m – 6m

 

No - east elevation

7.9m – 9.4m

 

Refer Environmental Assessment

 

 

No –1.5m approximately

 

 

No 0.6m western elevation

 

 

Yes – 19m

 

 

 

Refer to Environmental Assessment

 

 

 

Refer to Environmental Assessment

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

.

Front Setback

 

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

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

Side Setbacks

 

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

 

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

 

 

 

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

 

 

7.8m – refer Environmental Assessment

 

 

 

 

 

Yes – 13.9m

 

 

 

 

 

 

East

Basement – Yes1.1m, 11.55m & 1.9m

 

Ground – partly 1.1m, 1.5m and 1.9amFirst – No 1.1m, 1.5m, 2m, 2.6mWest Ground-Yes900mm

 

First Floor- No900m, 1.5m & 3.1

 

West

Ground-Yes

900mm

First Floor- No

900mm, 1.6m &4..2m

 

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.

 

 

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.

 

 

 

 

 

 

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.

 

Refer Environmental Assessment

 

 

 

 

 

 

 

Refer Environmental Assessment

 

 

 

 

Refer Environmental Assessment

 

 

 

 

 

 

Refer Environmental Assessment

 

 

 

No

 

 

Yes

 

 

 

Yes, by condition

 

 

Yes, by condition

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located and designed for convenience and safety.

enable the efficient use of car spaces.

safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

 

 

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

 

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.

 

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

 

S3  Driveways, carparking facilities <35% of frontage.

 

 

 

 

Yes – 3 car spaces

 

 

No – since non-compliance refer DCP Parking Assessment below.

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes.

Garage under living levels

 

 

 

 

No – 100% of site frontage. Refer to Environmental Assessment

 

Yes – permeable pavers by condition

 

 

 

No – refer Environmental Assessment

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).

None proposed

 

 

(c)    Development Control Plan - Parking

 

LAND USE

PARKING REQUIREMENTS

COMPLIANCE

Dwelling houses

2 spaces , each space with minimum dimensions of 5.5m x 2.8m with an adjacent wall and 5.5m x 3m if there are two adjacent walls.

Minor non compliance for one tandem space as follows: 1 space 5.8m x 3.5m

Tandem spaces:

1 space 5.5m x 3.5m

1space 5.4m x 3m

 

(d)        Rainwater Tank Policy

 

Council’s Rainwater Tank Policy, effective from the 15th October, 2003, requires all new development to install a rainwater tank for the collection and reuse of roof water.  This should be connected for the internal purpose of toilet flushing and clothes washing (cold water only) and then allow for other authorised uses such as landscape watering.  An appropriate condition of consent is contained within the Recommendation.

 

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.

 

View Loss

 

Objections have been received in relation to view loss as a result of the proposed development.  These objections have been raised by the adjacent property to the west (4 Bloomfield Street), as well as the adjacent property immediately to the rear (south), 41 Denning Street. Additionally, 9 Bloomfield Street, to the north-west and properties in Denning Street also express concern regarding potential view loss (37, 39 and 43 Denning Street). 

 

Concerns have been raised that the proposed height of the development establishes a precedent for future development in Bloomfield Street, especially No. 4 Bloomfield Street, which in turn will affect views from 2 Bloomfield Street and adjacent properties in Denning Street.  It should be noted, however, that the objection from 43 Denning Street related to a raised skylight in the original proposal, which has been deleted in the amended proposal before Council.

 

No. 41 Denning Street, immediately to the rear (south) of the subject property, enjoys panoramic water views from its east facing deck and internally from its living areas.  The degree of view loss from the deck as a result of the proposal can be seen from the position of the height pole in Figure 2 below.  This indicates the height to the rear (south-east corner) of the proposed building.  This results in a minor loss of view to the northern Coogee/Clovelly headland.  As such, the issue of view loss from 41 Denning Street as a result of the proposed development cannot be sustained.

 

In regard to issues raised by 37 and 39 Denning Street relating to view loss, it is considered that although there will be a loss of the lower portion of the ocean views currently enjoyed be these properties.  Notwithstanding this, based on the photomontage received and from 39 Denning Street and a site inspection from the rear yard, the view to Wedding Cake Island will probably be maintained from lounge area at the rear of these dwellings and as such, the objection cannot be sustained. 

 

The issue of view loss from 9 Bloomfield Street relates to the view to the waves breaking on the rocks to the south-east.  This view is obtained from the front verandah and from the eastern boundary of the site along the driveway.  It is considered that these are not the primary views available from this property.  

 

Height pole

 

Figure 2 - View to the north from the deck of 41

Denning Street.  The pole demonstrates the height

of the proposed building at its south-east corner.

 

As a result of mediation meetings with Nos. 4, 6 and 8 Bloomfield Street, the front building line originally proposed forward of the patio area of 4 Bloomfield Street (see Figures 3 and 4) has been pulled back in line with the front wall of 4 Bloomfield Street on its eastern side, as has the front wall of 8 Bloomfield Street on its first floor level, in order to maintain the existing north-eastern view to Wedding Cake Island from the living room and the eastern ocean view from the front patio of 4 Bloomfield Street. 

 

The outlook to the east from the front patio of 4 Bloomfield Street, although not affected from the proposed ground floor terrace, will be interrupted to a limited extent by the proposed first floor balcony and the projecting (1.8m) louvred awning above.  The first floor balcony is proposed to be located 350mm below the level of the front patio of the 4 Bloomfield Street.  The 1m high balustrades will not significantly impact on the view as they are proposed to be glass and a recommended condition of consent is that they should be clear glass.

 

The louvred awning projecting over the first floor balcony will be 2.1m approximately above the level of the patio of 4 Bloomfield Street.  It is considered that this will break up the view to the eastern horizon and sky and the length of the projection should be reduced to 700mm to minimise this impact.  Alternatively the northern projection of the roof will also act for weather protection and the louvred awning may be deleted.  Appropriate conditions are contained within the Recommendation of the report to address the above two issues related to the first floor balcony.

 

It should be noted that the change to the front wall line of the proposed building in the amended proposal has resulted in a shift in the building footprint to the rear (south) by a further 800mm when compared to the proposal as originally submitted. 

 

 

 

Figure 3-Height pole of front of building as originally proposed

 from front patio of 4 Bloomfield Street

 

 

 

 

Figure 4–View loss with height poles as originally proposed

taken from the living area of 4 Bloomfield

 

Even though the front view north-eastern and eastern view has been largely maintained for 4 Bloomfield Street in the amended proposal, almost the entire view to the water and rocks to the south-east obtained from the rear dining and sunroom windows of 4 Bloomfield Street (see Figure 5 and 6) is lost as a result of the proposed building footprint, particularly the extent of the first floor footprint. 

 

The view to the northern Coogee/Clovelly headland and Wedding Cake Island is also lost from the majority of the rear yard of 4 Bloomfield Street but this is largely unavoidable with any additional storey above the level of that already existing on the site. Although, the loss of view currently enjoyed from the rear yard may also be minimised through a reduction in the first floor footprint (see Figure 7), the amendments to the design have been based on the agreement reached with No. 4 Bloomfield Street at the first mediation meeting.  At the last mediation meeting, 4 Bloomfield Street expressed dissatisfaction with the projecting first floor balcony and revised their opinion on the amount of view lost to the rear of their dwelling.  It is considered that the concerns regarding the diminishment of the front north-eastern and eastern views from the first floor balcony have been appropriately dealt with by conditions of consent as previously discussed in the report and in the light of the earlier agreement reached at the mediation meeting, the application should now proceed.

 

 

Figure 5- Loss of view to rocks from rear of

4 Bloomfield Street as indicated by height poles

 

 

Figure 6- loss of view from the rear of 4 Bloomfield Street

 

 

Figure 7 – loss of view to Wedding Cake Island

from the back of the rear yard of 4 Bloomfield Street

 

Landscaping

 

The proposal complies with the preferred solutions of the DCP and provides 40.5% of the total site area as landscaped area, with private open space provided by way of a rear yard with minimum dimensions of 3.6m x 10.6m and an overall area of 58.5m2 approximately (excluding the pool).  The proposed development, however, only provides 13.2% approximately of the site area as permeable area in the form of soft landscaping and does not achieve the minimum required by the preferred solutions (20%).  In this regard it should be noted that as proposed, the driveway takes up the entire frontage of the proposed dwelling and as such is greater than the 35% maximum permitted by the preferred solutions. 

 

It is considered that the amount of permeable landscaped area can be increased to achieve compliance by the use of permeable pavers in the driveway and introducing a garden bed 1m wide along the eastern boundary for the full length of the driveway.  These measures will also serve to soften the otherwise large expanse of hard surface provided to the front of dwelling and are consistent with the performance requirements of the DCP. 

 

Issues regarding tree removal within the property have been addressed in the comments received from Council’s Director of Assets and Infrastructure Services (refer Section 6.2 of the report).  The applicant is required, by condition of consent, to meet costs associated with any proposed tree removal from Council’s road reserve and also meet the costs for replacement planting.  A landscape plan will be required with the submission of a construction certificate and this should utilise local indigenous plant species with suitable indigenous planting that require low water demand.  Any works on Council Land requiring tree removal will require suitable replacement trees to the satisfaction of Council’s Director of Assets and Infrastructure Services. 

 

Floor space

 

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.599:1 applies to the site.  The amended proposal has a FSR of 0.84:1.  This represents a variation of 0 241:1 to the preferred solution.  It should be noted that this includes the large area (29m2 approximately) devoted to plant and storage on the basement level. The proposed size and configuration of this room, with adjoining bathroom, gives it the potential to be used as a rumpus room, similar to that proposed at the basement level for 8 Bloomfield Street or as a bedroom. 

 

Variation to the preferred solution for floor space can only be considered acceptable if the height, bulk and scale are compatible with the surrounding built form and minimise adverse effects of bulk on neighbours, streets and public open space in accordance with the performance requirements of the DCP. 

 

The immediate surrounding built form varies, being a part one/part two storey dwelling house on the adjoining property to the west at 4 Bloomfield Street, a single storey dwelling house to the rear (41 Denning Street) and the three storey proposed development at 8 Bloomfield Street, also before Council for consideration. 

 

It should be noted that buildings with large areas of floor space are evident in the surrounding area, particularly in Alexandria Parade to the east. It is considered that the height, bulk and scale of the proposed building, although not consistent with the existing immediately adjoining buildings in Bloomfield Street, should be consistent with that of the new dwelling proposed at 8 Bloomfield Street.  In this regard, it should be noted that a FSR of 0.78:1 has been calculated for the proposed development at 8 Bloomfield Street.

 

The area shown as plant and equipment and adjoining bathroom on the Basement level has not been justified and ostensibly the only plant and equipment that would be required would be for air conditioning and pool pump and filter system.  In regard to the former, it is considered that the proposed design provides sufficient cross ventilation not to warrant air conditioning and this is considered a more sustainable approach.  Nevertheless, it is considered that air conditioning would not require such a large area and basement area contains sufficient area, with parking for three cars in the garage, basement and laundry to locate any plant and equipment without this additional habitable floor space, which is considered excessive.

 

This area is approximately 34m2 and deletion of the plant and storage room and adjoining bathroom would allow the proposed development, with an amended floor area of 347.4m2 approximately to achieve consistency with the FSR proposed for 8 Bloomfield Street, as amended (0.76:1). 

 

Further a reduction in height of the proposed rear section of the building over the rear section of the building by way of a flat roof to match the roof over the building entry and the deletion of the clerestory windows above will also aid in reducing the appearance of visual bulk to 4 Bloomfield Street and adjacent properties in Denning Street.  Appropriate conditions of consent are contained within the Recommendation.

 

It should be noted that the dwelling house on 4 Bloomfield to the east, forms part of older housing stock in the area, having a relatively smaller building footprint and has no windows located on its eastern elevation.  Although the present owner of 4 Bloomfield Street has stated that there is no intention of replacing the existing dwelling house, development potential still exists for this site. 

 

Subject to the changes to the building design, as previously discussed to achieve consistency with the FSR proposed for the development at 8 Bloomfield Street, the building bulk is considered acceptable.

 

Height

 

The proposed building achieves compliance with the 7m external wall height on its western elevation as required by the preferred solutions of the DCP, however on the eastern elevation it exceeds the 7m external wall height requirement for the majority of its length.  This is largely as a result of the steep cross fall, west to east, on the site (approximately 2.5m to 3.2m) and the retention of the existing garage level. 

 

The rear yard is proposed to be raised by up to 780mm approximately to enable ground floor rear access approximately to grade to the rear terrace, with a drop down to the lawn area. It is considered that the privacy impacts arising from the proposed retention of the existing garage level are acceptable, subject to increasing the width of landscaping along the eastern boundary adjacent to the proposed pool to 1m to ensure adequate to minimise the visual impact of a high wall along the eastern boundary associated with changed levels.  As previously mentioned in the report, the clerestory windows proposed on the eastern and northern elevations add unnecessary height to the proposed building (approximately 600mm-700mm).  Appropriate conditions are contained within the Recommendation of the report.

 

Setbacks

 

As a result of the mediation that has occurred during the assessment of the application, the amended proposal now sets back the front of the building in a fairly consistent alignment with 4 Bloomfield Street and now proposed for 8 Bloomfield Street.  The ground floor terrace no longer extends to the front boundary.  Although it extends further to the north than the patio of 4 Bloomfield Street, there is a significant difference in levels (approximately 3.3m) between the proposed ground floor terrace and the patio of 4 Bloomfield Street, which will overlook ground floor terrace proposed at 6 Bloomfield Street.  The projection of the proposed first floor balcony forward of the front (northern) patio wall of 4 Bloomfield Street has been previously discussed in the report and is considered satisfactory, subject to the reduction in the projection of the louvred awning over this balcony or its deletion.

 

The projection of the proposed ground floor terrace forward of the ground floor balcony and first floor terrace of 8 Bloomfield Street is not so significant (approximately 0.6m and 0.8m respectively) as to appear out of context in the streetscape. 

 

The western walls of both proposed developments at 6 and 8 Bloomfield Streets maintain a predominantly 900mm setback to their western boundaries.  This is considered acceptable in the subject proposal, as the majority of the eastern wall of 4 Bloomfield Street does contain windows and the windows proposed on the western elevation of the proposed first floor are configured with raised sill heights (approximately 2.2m from the finished first floor level).  Habitable rooms on the ground floor can be appropriately conditioned to be opaque glazing or can be screened by fencing to ensure satisfactory privacy levels. 

 

The variations proposed to the preferred solutions, in regard to the eastern setbacks and the amount of glazing proposed are considered acceptable in the context of the minimal fenestration proposed on the western elevation of the new dwelling at 8 Bloomfield Street and the nature of the proposed rooms containing the fenestration.

 

Privacy

 

Objections received relating to overlooking from the proposed front ground floor terrace and first floor balcony to the proposed new dwelling at 8 Bloomfield Street have been minimised with the increased setback to the front boundary in the amended application.  Notwithstanding, it is considered that objections received regarding overlooking that may result from the ground floor terraces/balconies/patios at the street front are not sustainable given that these areas are also viewed from public land at the front of buildings.  Blinds, louvres or curtains are appropriate ways of ensuring privacy (when desired) to the front buildings.

 

As previously mentioned in the report, screening of the east facing balcony to Bedrooms 2 and 3 is not considered necessary as it will overlook the proposed roof of new dwelling at 8 Bloomfield Street.

 

The rear south facing first floor balcony will provide potential overlooking of the private open space of both 8 and 4 Bloomfield Street.  It is considered excessive in size and configuration for bedrooms and gives the potential for it to be used as an entertaining area, which will exacerbate privacy issues, both material and perceived.  The north and east facing balconies proposed on this level of the building will all give ocean views.  It is therefore considered that the rear (south facing) balcony should be reconfigured such that it only runs the length of Bedroom 4 and the windows/glazed doors at the southern end of the hallway configured to be highlight windows consistent with the other windows proposed in the hallway.  An appropriate condition of consent is contained within the Recommendation of the report.

 

Aural privacy from the pool pump and filter system is required to be provided by a sound absorbing enclosure to meet specified acoustic criteria so that it will not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.  Appropriate conditions of consent are contained within the Recommendation.

 

Overshadowing

 

An objection has been received from 4 Bloomfield Street regarding the unacceptable level of overshadowing to their rear yard that will result from the proposed new building.  At the winter solstice (21 June), the proposed new dwelling at 6 Bloomfield Street will predominantly overshadow the rear yard of 4 Bloomfield Street at 9.00am, with the rear yard free of shadow from the proposed development by approximately 11.00am.  The existing dwelling at 4 Bloomfield Street, however, will then largely overshadow its own rear yard until approximately 12.30 pm, with the existing level of sunlight currently enjoyed then maintained until 3.00pm.  The degree of overshadowing proposed is considered to be within the guidelines of the DCP.

 

Energy Efficiency

 

The original proposal achieved a 3.5 star NatHERS rating as required by the preferred solutions, however, the amended design has not been rated for energy efficiency compliance and as such, an appropriate condition of consent is contained within the Recommendation of the report.

 

Asbestos and construction management

 

Council’s Environmental Health Officer has considered the issue of the health hazards from the removal of asbestos material from the site during the demolition process (refer Section 6.1 of the report) and appropriate conditions of consent are contained within the Recommendation.  Additionally appropriate construction management conditions, including those relating to potential structural damage, are also contained within the Recommendation of the report.

 

Works on Council land

 

The majority of the works originally proposed on Council land are no longer sought as part of the amended proposal.  Council’s Director of Environmental Services (refer Section 6.2 of the report) has recommended appropriate conditions of consent and these are contained within the Recommendation of the report.

 

Precedence

 

Issues regarding the flow-on effects from the intensity of development proposed are separately considered in the proposal for 8 Bloomfield Street concurrently before Council for consideration. Both developments, have to a certain extent, been designed in tandem, through the mediation process that has occurred.  Should 4 Bloomfield Street be developed to a similar height and first floor footprint as proposed in the subject application, there will, in all likelihood, be view loss issues arising from properties further to the west, however, these will have to be considered on their merits, if and when, a new development is proposed for this property.  It is outside the scope of this application to consider these impacts now.  The reduction in height as recommended, will however, help to minimise view loss impacts to these properties located at a higher level.

 

10.  CONCLUSION

 

The proposal before Council has an FSR in excess of the preferred solution but maintains relative consistency with the dwelling house proposed at 8 Bloomfield Street.  The front wall of the proposed building has been brought back in line with front wall adjoining the patio of 4 Bloomfield Street, as has the front first floor wall of the new dwelling proposed at 8 Bloomfield Street.  The proposed bulk to the rear of the does have an impact on the views currently enjoyed from the dining room and sunroom at the rear of 4 Bloomfield Street as well as the rear yard, however the primary view to the front of the 4 Bloomfield Street has been maintained by the amended design, as conditioned.

 

RECOMMENDATION:

 

A.        THAT Council, as the responsible authority, grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 44/03/GA for demolition of the existing dwelling and erection of a new dwelling house swimming pool at 6 Bloomfield Street, Coogee , subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered A1001 and A1002 both Revision B, dated October 03, prepared by Anthony Vavayis and Associates and received by Council on 6 November, 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 rear south facing first floor balcony shall be reconfigured such that it only runs the length of Bedroom 4 with a flat non trafficable roof located on the western side of the building deleted as balcony area by this condition.  The windows/glazed doors at the southern end of the hallway shall be configured to be highlight windows consistent with the other windows proposed in the hallway, in order to minimise overlooking to private open space of adjoining properties. Details demonstrating compliance with the above shall be shown as such on the construction certificate plans prior to the issue of the construction certificate.

 

3.         The plant and storage area and bathroom at basement level, shall be deleted from the proposed development.  Construction certificate plans, demonstrating compliance with this condition, shall be provided with the construction certificate application.

 

4.         The roof form shall be reconfigured in accordance with the following to reduce the building height and minimise impacts of visual bulk:-

 

·          The angle of the skillion roof over Bedroom 1 and ensuite shall be reduced so that the maximum height above the louvred awning over the first floor northern balcony to the underside of the eave is 400mm, with then north facing clerestory windows deleted and the treatment of this section of wall consistent with the wall treatment on the western side of the building on the northern elevation.  The louvred awning shall be deleted such that the only northern projection above the first floor balcony is the reconfigured roof.

 

·          The roof over the southern portion of the building (over the first floor bathroom, hallway and Bedrooms 2, 3 and 4) shall be lowered 600 mm and be a flat roof consistent with the roof treatment over the entry.

 

Details demonstrating compliance with the above shall be shown as such on the construction certificate plans prior to the issue of the construction certificate.

 

5.         The outer eastern edge of the swimming pool surround and associated wall shall be a minimum of 1m from the eastern boundary of the site to minimise the visual impact to the private open space of 8 Bloomfield Street.  Details shall be shown as such on the construction certificate plans prior to the issue of the construction certificate.

 

6.         Windows to rooms on the ground floor western elevation of the building shall be opaque glazing or screened by a 1.8m high fence to the south of the front building line in order to ensure satisfactory privacy levels.  Details demonstrating compliance shall be shown as such on the construction certificate plans prior to the issue of the construction certificate.

 

7.         Balcony and terrace level balustrades shall be clear glass with no solid features to minimise loss of view from surrounding properties and to ensure consistency in architectural treatment.

 

8.         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 the issue of the construction certificate.

 

9.         The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of Planning & Community Development, prior to the commencement of works.

 

10.       Metal roof sheeting is to be painted or colour bonded so as to be non reflective and to be sympathetic and compatible with the building and surrounding environment.

 

11.       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.  The landscape plan shall include a 900mm wide landscaped garden bed from the front (northern) boundary to the alignment with the front (northern wall) of the garage and permeable pavers of a suitable colour for the extent of the driveway/carparking area and pathway in the front setback of the property.

 

Landscaped areas must contain a predominance of indigenous species that require minimal watering once established or indigenous 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.

 

12.       Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 675mm and details of compliance are to be included in the construction certificate details.

 

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

 

14.       The fence on the street alignment and on the side boundaries in front of the building line are to be a maximum height of 1.8m and designed so that the upper two thirds are at least 50% open at any point, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.  Details demonstrating compliance shall be submitted prior to the issue of the construction certificate.

 

15.       There must be no encroachment of any part of the structure/s onto the adjoining premises or onto Council’s road reserve, footway or public place.

 

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

 

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

 

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

 

19.       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.

 

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

 

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

 

22.       No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

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

 

24.       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.

 

25.       The provisions of Councils tree preservation order are strictly to be observed and it is a requirement that the applicant or their representative obtain any necessary consent required under the tree preservation order.

 

Should compliance require amendment to the plan an amended development application is required to be submitted for consideration and approval prior to work commencing.

 

26.       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.

 

27.       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.

 

28.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

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

 

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

 

30.       A rainwater tank shall be provided for the collection and reuse of roof water designed and constructed in accordance with Council’s Rainwater Tank Policy and shall be connected for the internal purpose of toilet flushing and clothes washing (cold water only) and also allow for other authorised uses such as landscape watering.  Details of the location of the pump, and colour of the tank, structural engineer’s specifications for installation and plumbing shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

31.       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.

 

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

 

33.       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.

 

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

 

35.       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 operation of the premises shall not give rise to a sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as a LAeq, 15 min descriptor and adjusted in accordance with NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

36.       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.

 

37.       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.

 

38.       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.

 

39.       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.

 

40.       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.

 

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

 

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

 

42.       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.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises and the report is to detail 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, must be fully complied with and incorporated into the documentation 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.

 

43.       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 demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

44.       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.

 

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

 

a)         all of the premises adjoining the subject site to the west (4 Bloomfield Street).

 

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

 

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:

 

46.       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.

 

47.       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.

 

48.       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.

 

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

 

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

 

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

 

50.       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 and excavation 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.

 

51.       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)       Prior to the pouring of concrete for the swimming pool showing the land, swimming pool and boundary setbacks and verifying that the swimming pool is being constructed 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 swimming pool and boundary setbacks and verifying the building and swimming pool have been constructed at the approved levels.

 

52.       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 final inspection of the building:

 

ii)         car parking and vehicular access

iii)         landscaping

iv)        stormwater drainage

v)         external finishes and materials

vi)        swimming pool safety fencing/barriers and acoustic enclosure to pool

 

53.       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.

 

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

 

55.       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.

 

56.       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.

 

57.       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.

 

58.       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.

 

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

 

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

 

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

 

60.       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.

 

61.       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.

 

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

 

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.

 

63.       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.

 

64.       Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line 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, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

65.       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.

 

66.       Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

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

 

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

 

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

 

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

 

67.       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”.

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

69.       Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council.

 

70.       Swimming pools are to be designed and installed in accordance with the following general requirements:-

 

·        Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation.

 

·        All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises.

 

·        Pool plant and equipment is to be enclosed in a sound absorbing enclosure, to minimise noise emissions and possible nuisance to nearby residents.

 

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

 

71.       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”.

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

 

73.       Prior to demolition of any building constructed before 1970, the person acting on this consent shall submit a Work Plan prepared in accordance with Australian Standards AS260-2001, Demolition of Structures by a suitably qualified person.  The Work Plan shall outline the identification of any hazardous materials, including materials containing asbestos and surfaces coated with lead paint and the plan should detail the method of demolition, the precautions to be employed to ensure public safety and to minimise any dust nuisance and methods of disposal of any hazardous materials.  A copy of the work plan is to be forwarded to the Council prior to commencing such works.

 

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

 

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

 

76.       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 or equally effective methods.  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.

 

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

 

77.       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.

 

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

 

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

 

a)         Construct a new concrete driveway opposite the vehicular entrance to the site. It is noted that this shall include constructing a turning area, pedestrian access stairs and any required retaining structures, together with any required alterations to the planted/landscaped areas. For pedestrian safety, the access stairs shall be constructed with a landing area adjacent to the turning area.

 

b)         Construct a standard stormwater junction pit over Council’s stormwater line in the road reserve at the point of connection with the proposed stormwater outlet pipe from the site.

 

79.       The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's 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 roadway.

 

80.       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.

 

81.       Prior to the issuing of a construction certificate the applicant is to submit to Council’s Asset Infrastructure Services Dept and have approved details for the proposed new concrete driveway & turning bay located within Council’s road reserve.

 

The details shall include:

 

c)         Levels and gradients of the new driveway & turning bay in relation to the driveway.

d)         Retaining wall details such as footings, finishes, heights etc.

e)         Location of all public utility services.

f)          Step details with handrails.

g)         Landscape planting details including any tree removals. (should the design require the removal of Council trees then the applicant may need to meet costs associated with the trees removal and any replacement planting)

 

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

 

82.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for the new internal driveway shall match the back of the existing concrete driveway serving the site.

 

Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0919.

 

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

 

84.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $177 calculated at $17.60 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

85.       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.

 

86.       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.

 

87.       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.

 

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

 

88.       All site stormwater shall be discharged into Council underground drainage system located within the road reserve at the front of the site. It is noted that the applicant shall meet the full cost for Council or a Council approved contractor to construct a junction pit at the point of connection with Council’s stormwater line.

 

89.       All site stormwater shall be taken through a sediment/silt arrestor pit prior to being discharged from the site: 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.

 

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

 

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

 

91.       The nature strip 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.

 

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

 

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

 

Tree Management

 

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

 

a.         One specimen of Melaleuca quinquenervia (Paperbark) located towards the western part of the rear of the site.

 

b.         One specimen of Banksia species (Banksia) located along the eastern boundary of the rear of the site.

 

Tree Protection Measures

 

94.       In order to ensure the retention of the Araucaria hetrophylla (Norfolk Island Pine) located southern boundary of the site in good health, the following measures are to be undertaken:

 

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

 

b.         Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within a radius of 2 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 1 metre 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 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 i.

 

h.         A refundable deposit in the form of cash or cheque of $2,700.00 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

 

            1

 

Araucaria hetrophylla (Norfolk Island Pine)

 

 $2,700.00

 

 

 

TOTAL

 

 $2,700.00

 

 

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 have been retained in good health.

 

Any contravention of Council's conditions relating to the tree 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.

 

ADVISORY MATTERS:

 

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

 

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

 

A2       The applicant is advised that changes to the development consent plans to achieve compliance with the deemed-to-satisfy provisions of the Building Code of Australia that may necessitate variations to the development consent plans and that alter the configuration, size, floor layout or design of the building, may also necessitate an amendment to the development consent (or a new development application), and Council’s Building Surveyor or an Accredited Certifier should be consulted prior to the lodgement of an application for a Construction Certificate.

 

A3.      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

 

 

 

 

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DAVID PIRIE

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT PLANNER