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

 

21st May, 2004

 

ORDINARY COUNCIL MEETING

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 25TH MAY, 2004 AT 6:00 P.M.

 

 

1           Council Prayer

 

2           Apologies

 

3           Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY 27TH APRIL, 2004.

 

4           Addresses to the Council by the Public

 

5           Mayoral Minutes

 

5.1                        

MAYOR'S MINUTE 28/2004 - ABORIGINAL RECONCILIATION.

2

 

 

6           General Manager's Reports

 

6.1                      

GENERAL MANAGER'S REPORT 10/2004 - MARCH QTR REVIEW - 2003/06 MANAGEMENT PLAN.

6

 

6.2                      

  GENERAL MANAGER'S REPORT 11/2004 - AUTHORITY TO INCREASE HIRING FEES - LATHAM PARK TENNIS CENTRE.

7

 

6.3                      

GENERAL MANAGER'S REPORT 12/2004 - NEW PRECINCT CO-ORDINATION COMMITTEE.

9

 

 

7           Director Asset & Infrastructure Services' Reports

 

7.1                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 23/2004 - PROPOSED STREET NAMES FOR THE DEFENCE SITE, RANDWICK

18

 

7.2                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 24/2004 - SUBURB NAME CHANGE FOR THE DEFENCE SITE RANDWICK.

24

 


 

7.3                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 25/2004 - DENNING STREET, SOUTH COOGEE - REVIEW OF TRAFFIC AND PARKING CONDITIONS.

32

 

 

8           Director Governance Management & Information Services' Report

 

8.1                        

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES' REPORT 12/2004 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL – DETERMINATIONS.

37

 

 

9           Director Planning & Community Development's Reports

 

9.1                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 22/2004 - 707-751 ANZAC PARADE, MAROUBRA.

39

 

9.2                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 23/2004 - 454 MAROUBRA ROAD, MAROUBRA

97

 

9.3                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 24/2004 - 28 WHITE AVENUE, MAROUBRA.

148

 

9.4                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 25/2004 - 695 ANZAC PARADE, MAROUBRA

165

 

9.5                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 26/2004 - 22A PAULING AVENUE, COOGEE.

246

 

9.6                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 27/2004 - 1/225 CARRINGTON ROAD, COOGEE.

285

 

9.7                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 28/2004 - 10 EDGAR STREET, KINGSFORD.

292

 

9.8                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 29/2004 - 112-138 STOREY STREET, MAROUBRA.

299

 

9.9                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 30/2004 - 26 ALISON ROAD RANDWICK.

341

 

9.10                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 31/2004 - 14-16 DAINTREY CRES AND 4 DUDLEY STREET, RANDWICK - APPEAL TO LAND & ENVIRONMENT COURT AGAINST DEFERRED COMMENCEMENT CONDITION REQUIRING THE LOWERING OF THE BUILDING BY 2 METRES.

358

 

 

10         Petitions

 

11         Motions Pursuant to Notice

 

11.1                        

Notice of Rescission Motion by Councillors White, Andrews, Bastic, Daley & Sullivan– Health, Building & Planning Committee Meeting, Tuesday, 11th May, 2004 – Item 5.8 – Development Application Report – 30 Avoca Street, Randwick.

470

11.2

By Councillor Bastic – Former Councillors retaining their Council mobile phones and faxes. 

470

11.3

By Councillor Andrews – Civic Reception for Charles Matthews. 

470

11.4

By Councillor Seng – Existing Use Rights under Environmental Assessment Act. 

471

11.5

By Councillor Seng – Councillor Mobile Phones.

471

11.6

By Councillor Daley –  Public Car Park at Matraville Shopping Centre.

471

11.7

By Councillor Daley – Bear Cottage Children’s Hospice. 

471

11.8

By Councillor Procopiadis – War Memorial Kokoda Park, Kensington. 

471

11.9

By Councillor Procopiadis – Re-opening of Dalmeny Avenue at Kimberley Grove. 

471

11.10

By Councillor Procopiadis – Introduction of “no parking” on Northern side of Barker Street

471

11.11

By Councillor Procopiadis – Construction of wheelchair/pram access on Boronia Street & Kensington Road, Kensington. 

472

11.12

By Councillor Bastic – Mahon Pool.

472

11.13

By Councillor Hughes – Public Notification of Works Proposals. 

472

11.14

By Councillor Woodsmith – Clovelly Precinct Committee. 

472

11.15

By Councillor Woodsmith – Use of Darley Road & Cowper Street for Night Passage of Heavy Vehicles. 

472

11.16

By Councillor Sullivan – Parking Meters across Randwick

472

11.17

By Councillor Woodsmith – Feasibility of angle parking in Church Street, Randwick

473

 

 

12         Urgent Business

 

13         Confidential Report

 

13.1                        

CONFIDENTIAL DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 26/2004 - S611 - RESULT OF COURT CASE AND DISTRIBUTION OF COSTS.

474

 

 

14         Committee-of-the-Whole

 

15         Report of Committee-of-the-Whole

 

16         Notice of Rescission Motions

 

 

………………………………

GENERAL MANAGAER


 

MAYOR'S MINUTE 28/2004

 

 

SUBJECT:

ABORIGINAL RECONCILIATION

 

 

DATE:

20 May, 2004

FILE NO:

98/S/0726

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

The week of 27 May – 3 June is National Reconciliation Week.  This is a time when all Australians can participate in a range of activities to advance the reconciliation process.  This year the theme for National Reconciliation Week is “Rights, Respect, Reconciliation”.

 

The dates for National Reconciliation Week are significant with 27 May being the Anniversary of the 1967 Referendum in which 90% of Australians voted to remove clauses in the Australian Constitution, which discriminated against indigenous Australians.  June 3 is the date that the High Court of Australia handed down its judgement in the Mabo case. 

 

National Reconciliation Week was first held in 1996 as an initiative of the former Council for Aboriginal Reconciliation. The Council’s vision statement is for:

 

“A united Australia which respects this land of ours; values the Aboriginal and Torres Strait Islander heritage; and provides justice and equity for all”.

 

In December 2000 the Council for Aboriginal Reconciliation completed its brief and published its final report to the Federal Parliament.  As the Council for Aboriginal Reconciliation completed its aims, Reconciliation Australia was then established to maintain a national leadership focus for reconciliation.

 

ISSUES:

 

Local Government was viewed by the Council for Aboriginal Reconciliation as a most valued partner in the reconciliation process.  Randwick City Council has a significant role to play in the local reconciliation process with the City’s strong historical links to local Aboriginal communities particularly with La Perouse being of just not local importance but having considerable importance on a National level.

 

In February 2000 the Executive of the Australian Local Government Association (ALGA) adopted a Statement of Commitment to Aboriginal and Torres Strait Islander people. This statement is underpinned by the eight principles of reconciliation and ALGA encouraged Councils across the country to adopt and support the commitment.

 

In 2002 Randwick City Council adopted a draft Statement of Commitment to Reconciliation and recommended that in keeping with the principles of reconciliation, Council staff work together in consultation with local Aboriginal and Torres Strait Islander (ATSI) communities and organisations to seek feedback and input into the draft Statement of Commitment.

 

I have been advised that a number of consultations with both members of the ATSI communities and organisations regarding the draft Statement and their feedback has been incorporated into the final draft

 

CONCLUSION:

 

The framework of this commitment is presented tonight in a final draft format with the local Aboriginal and Torres Strait Islander people having made recommendations to the report upon consultation, and changes made accordingly.

 

Whilst it is acknowledged that this type of Statement is not an indication that reconciliation has been achieved it is a most important tool in commencing a local reconciliation process.

 

RECOMMENDATION:

 

That Council accept and endorse Randwick City Council’s Statement of Commitment to Reconciliation to the Aboriginal and Torres Strait Islander Residents of the City.

 

ATTACHMENT/S:

 

1.           Randwick City Council's Statement of Commitment to Reconciliation to the Aboriginal and Torres Strait Islander Residents of the City

 

 

 

 

 

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 

 

 

 

 

 

 

 

 

 

RANDWICK CITY COUNCIL’S STATEMENT OF COMMITMENT TO RECONCILIATION TO THE ABORIGINAL AND TORRES STRAIT ISLANDER RESIDENTS OF THE CITY

 

 

Randwick City Council supports the principles of reconciliation and is committed to working together with all members of the community towards the achievement of a reconciled nation.

 

This Statement outlines ways that as a community we can build on progress towards reconciliation. Council acknowledges though that reconciliation can only be achieved through the commitment and efforts of all Australians in their everyday life. This Statement is a start in the reconciliation journey … our actions will speak louder than words.

 

RANDWICK CITY COUNCIL ACKNOWLEDGES AND RECOGNISES:

 

          Aboriginal and Torres Strait Islander people as the first people of Australia.

 

          The loss and grief held by people of Aboriginal and Torres Strait Islander Background and their descendants, caused by their alienation from traditional lands, loss of lives and freedom, and the forced removal of children.

 

◊    The customs and traditions of people from Aboriginal and Torres Strait Islander Descent, and their spiritual relationship with the land.

 

◊    The rights of people of Aboriginal and Torres Strait Islander Descent to live according to their own beliefs, values and customs, and the vital importance that these communities contribute, to strengthening and enriching the heritage of all Australians.

 

◊    The need to establish a partnership approach in addressing community issues, between people of Aboriginal and Torres Strait Islander Descent and the varying diverse communities throughout Australia.

 

RANDWICK CITY COUNCIL SUPPORTS:

 

◊    The visions as expressed by the Council for Aboriginal Reconciliation of a “united Australia that respects this land of ours, values the Aboriginal and Torres Strait Islander heritage and provides justice and equity for all.”

 

◊    People of Aboriginal and Torres Strait Islander Descent and the varying diverse communities throughout Australia working together for a national agreement or other instruments of reconciliation.

 

◊    The need to improve understanding of Aboriginal and Torres Strait Islander issues.

 

◊    The need to find new ways to work together in partnership, to ensure access for all members of the Aboriginal and Torres Strait Islander communities, to culturally appropriate services and programs.

 

RANDWICK CITY COUNCIL COMMITS TO:

 

◊    Developing and promoting, as appropriate, Aboriginal and Torres Strait Islander communities’ involvement in events and celebrations of significance, which respect the dignity and protocols of their local communities.

 

◊    Taking effective action on issues of social and economic concern as identified for Aboriginal and Torres Strait Islanders residing within the Randwick Local Government Area.

 

◊    Participating in education processes which enhance the increased knowledge, understanding and appreciation of Aboriginal and Torres Strait Islander culture and heritage, and the needs of these communities.

 

◊    Developing strategies that improve the level of participation by Aboriginal and Torres Strait Islander people, within the Randwick Local Government Area.

 


 

GENERAL MANAGER'S REPORT 10/2004

 

 

SUBJECT:

MARCH QTR REVIEW - 2003/06 MANAGEMENT PLAN

 

 

DATE:

20 May, 2004

FILE NO:

D00000180

 

 

REPORT BY:            GENERAL MANAGER    

 

INTRODUCTION:

 

The purpose of this Report is to update Councillors on the implementation of the 2003/06 Management Plan

 

ISSUES:

 

This is the March Quarter Review of the 2003/06 Plan.

 

Under the Local Government Act 1993, there is the requirement that a Report must be provided after the end of each quarter, detailing the extent to which performance indicators and targets set by Council’s Management Plan have been achieved during the quarter.

 

CONCLUSION:

 

Each Department has reviewed those targets not being achieved, and comments on those matters are included in the Report. Currently there are six Principal Activities being reported on.

 

RECOMMENDATION:

 

That the information contained in the Report on the March Quarter Review – 2003/06 Management Plan be received and noted.

 

ATTACHMENT/S:

 

March Qtr Review - 2003/06 Management Plan - UNDER SEPARATE COVER.

 

 

..............................................

GENERAL MANAGER


 

GENERAL MANAGER'S REPORT 11/2004

 

 

SUBJECT:

AUTHORITY TO INCREASE HIRING FEES - LATHAM PARK TENNIS CENTRE

 

 

DATE:

20 May, 2004

FILE NO:

98/S/2666 (3)

 

 

REPORT BY:            GENERAL MANAGER  

 

INTRODUCTION:

 

The current licensees of Latham Park Tennis Centre, Tenservs Management & Coaching Pty Ltd are seeking Council’s approval to an increase their court hire fees due to an increase in costs of liability insurance, contents insurance and tennis court equipment. 

 

ISSUES:

 

It is necessary for Council’s authority to be granted to increase in the hire fees as the license agreement notes under Clause 7 “The Lessee is entitled to charge permit holders and casual hirers fees for their use of the premises PROVIDED that the fees so charged are as agreed between the Lessor and the Lessee as more particularly set out in Schedule Two hereto.”

 

Schedule 2 lists the schedule of fees as follows:

 

“Casual Hirers

 

$13.20 per hour per court before 5.00pm April to October

$14.40 per hour per court between 5.00pm and 11.00pm April to October

$13.20 per hour per court before 6.00pm November to March

$14.40 per hour per court between 5.00pm and 11.00pm November to March”

 

The licensees have requested permission to increase their fees as detailed hereunder:

 

Monday to Friday, 7.00am – 4.00pm               $14.30 per hour per court

Monday to Friday, 4.00pm to 11.00pm            $16.50 per hour per court

Saturday and Sunday                                        $16.50 per hour per court

Public Holidays                                     $16.50 per hour per court

 

The increase in fees is comparable with other Tennis Centres in the local area namely, Da Silva Tennis Academy, Kingsford, Parklands Tennis Centre, Moore Park and Heffron Park Tennis Centre, Matraville.

The licensees have noted it is necessary to increase the fees to meet a range of increases in the cost of their business including labour costs and general inflationary pressures since the last court hire price review.

 

CONCLUSION:

 

The proposed new fees (1.) reflect comparable prices at other centres, (2.) will address increases in costs, (3.) establish one price across the year reflecting the fact that tennis is played over all seasons.

 

RECOMMENDATION:

 

That authority be granted to Tenservs Management & Coaching Pty Ltd to increase their court hire fees to the following fees:

 

Monday – Friday 7.00am – 4.00pm                 $14.30 per hour per court

Monday – Friday 4.00pm – 11.00pm               $16.50 per hour per court

Saturday & Sunday                                          $16.50 per hour per court

Public Holidays                                     $16.50 per hour per court

 

ATTACHMENT/S:

 

Nil

 

 

 

 

..............................................

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 12/2004

 

 

SUBJECT:

New Precinct Co-ordination Committee

 

 

DATE:

20 May, 2004

FILE NO:

98/S/1240  

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES 

 

 

INTRODUCTION:

 

Randwick City Council currently has 10 operational Precinct Committees, with the majority meeting on a monthly basis to discuss local issues impacting upon their local suburbs.

 

The Committee members include residents, business owners and/or property owners within the specific Precinct Committee boundaries across the City. They are supported by Council through the work of the Community Consultation and Liaison Officer as well as through the supply of paper, copying and printing services, waiving meeting room fees and expedited access to Council documents and files. Excluding staff costs this amounts to approximately $700 per Precinct Committee each year.

 

In addition, the current draft budget also proposes that $250 be provided to each Precinct Committee each year for meeting other expenses incurred.

 

ISSUES:

 

To continue to improve the link between Council and the community and foster improved community participation, Council resolved at their meeting on 27 April 2004 to establish a Precinct Coordination Committee (PCC). Council also requested a report on arrangements and costs to run the Precinct Coordination Committee.

 

The Committee will meet quarterly and the membership will comprise of:

 

·            The Mayor as Chairperson, or other Councillor as Mayor’s representative

·            General Manager or his or her representative

·            Council’s Community Consultation and Liaison Officer as Secretary, and

·            One representative from each Precinct Committee (currently 10).

 

AIMS AND OBJECTIVES:

 

Functions of the Coordination Committee will be to:

 

1.           Coordinate the work of the Precinct Committees across the City

2.           Provide a forum to raise and resolve common issues among Precinct Committees

3.           Improve Council’s consultation processes and increase community participation

4.           Improve communication with Councillors through a direct report to a meeting of Council from the quarterly PCC meeting

5.           Assist in transparent decision making, and

6.           Act as a catalyst to revitalise and improve the effectiveness of Precinct Committees

 

This Committee will regularly receive the minutes of each of the Precinct Committees and Council’s response to the issues raised as well as any special reports.

 

From each quarterly meeting a report will be prepared, with formal agreed recommendations, to go to a subsequent Council meeting.

 

Each Precinct Committee representative’s term will be of 12 months duration.

 

It is suggested that the representative from each Precinct Committee to the Precinct Coordination Committee be nominated and voted by the individual Precinct Committees. This ensures that people are not forced into attending the meeting or taking on additional roles to their executive workload unless they choose to.

 

These details have also been outlined in the draft Terms of Reference, attached to this report.

 

It is proposed that the meetings of the PCC commence at 7.00pm and are held on a Thursday night, this time has been chosen to reflect the standard starting times of most precinct committees and Thursday night as it does not conflict with other precinct meeting nights.

 

COST ESTIMATES:

 

These meetings will be held in the evening at Council Chambers and members will be provided with refreshments.

The basic cost associated with running the PCC over a one year period, based on the estimates attached is $6240.00. This amount does not take into consideration additional documents or support throughout the year.

 

CONCLUSION:

 

The Precinct Coordination Committee will revitalise and improve the effectiveness of Randwick City Council’s Precinct Committees to ensure broader community participation in Councils decision making process.

 

RECOMMENDATION:

 

1.           That the draft Terms of Reference for the PCC be adopted.

2.           That the Precinct Committee’s be notified about the establishment of the Precinct Coordination Committee and invited to elect one member by the end of July 2004 to represent them on the Precinct Coordination Committee for the 2004 - 2005 year.

3.           That funds of $6240.00 to operate the Precinct Coordination Committee be allocated for 2004 – 2005 and added to the cost centre under Community Consultation and Liaison

 

ATTACHMENT/S:

 

Precinct Coordination Committee Cost estimates

 

Draft Terms of Reference for the Precinct Coordination Committee

 

Draft Precinct Coordination Committee meeting Agenda

 

 

 

 

..............................................

GENERAL MANAGER


ATTACHMENT A

 

PRECINCT COORDINATION COMMITTEE COST ESTIMATES

 

A) ITEMISED ESTIMATE FOR ONE MEETING

STAFF - secretary

At $28.50 per hour

Time involved                           Attending meeting                                             3.5 hours

Preparing for meeting                                        1 Day

Follow up issues from meeting               3 Days

 

                                                                                                TOTAL           4.5 days

4.5 days (31.5 hours) x $28.50                                                 TOTAL           $897.75

                                                           

VENUE, Council Chambers

Senior Civic Support Officer wage $50.00 per hour, minimum 4hrs

4hrs at $50.00 per hour                                                                                    $400.00

Refreshments (tea, coffee & sandwiches for 13 people)                         $90.00

                                                           

TOTAL           $490.00

 

PRINTING

Copies of Precinct Meeting Minutes

Minutes of the 10 Precinct meetings x 3 month period for each PCC member

30 sets of minutes at 3 pages each, costing $0.03 per page x 13 members

30 x 3 x 0.03 x 13                                                                                            $35.10

 

Copies of Councils response to Precinct Minutes

RCC response to 10 Precinct meetings x 3 month period for each PCC member

30 sets of responses to minutes at 3 pages each, costing $0.03 per page x 13 members

30 x 3 x $0.003 x 13                                                                                        $35.10

 

TOTAL           $70.20

 

Minutes of each PCC meeting and Report to Council

10 pages all up, costing $0.03 per page x 13 members x 20 for Council

10 x $0.03 x 33                                                                        TOTAL           $10.00

 

Council reports, documents

Copies of any special reports, as required                Estimated TOTAL          $20.00

 

Cost estimate for one quarterly PCC meeting (rounded up)                       $600.00

+ 10% miscellaneous and contingency                                                   $60.00

+ Staff administration support                                                                $900.00

                                                                                                TOTAL           $1560.00


B) YEARLY ITEMISED ESTIMATE FOR FOUR PRECINCT COORDINATION COMMITTEE MEETINGS

                                                                                                TOTAL           $6240.00


ATTACHMENT B


RANDWICK CITY COUNCIL

Precinct Coordination Committee

          DRAFT

TERMS OF REFERENCE

                                       

1.       NAME

 

The Committee shall be known as the Randwick City Council Precinct Coordination Committee

 

 

2.      AIMS

 

§ To provide a forum for representatives from each of Council’s Precinct Committees to discuss community-wide and local issues;

 

§ To continue to improve the link between Council and the Community and foster improved community participation;

 

§ To promote the involvement of community members in Council’s priority planning and decision making.

 

 

 

3.       OBJECTIVES

 

§ Coordinate the work of the Precinct Committees across the City;

 

§ Provide a forum to raise and resolve common issues among Precinct Committees;

 

§ To improve Council’s consultation processes and increase community participation;

 

§ Improve communication with Councillors through a direct report  to Council from the quarterly meeting;

 

§ Assist in transparent decision making;

 

§ Act as a catalyst to revitalise and improve the effectiveness of Precinct Committees

 

4.       DETERMINATIONS

 

The committee shall be an advisory body, operating on a consensus basis, which submits agreed recommendations for consideration by Randwick City Council.

 

5.       MEMBERSHIP

 

Community membership of the Committee shall consist of one representative appointed by each Precinct Committee with no less than six Community representatives. The community representatives will be residents, property or business owners in Randwick and active members of their respective Precinct Committees.

 

Members will also include:

§ The Mayor as Chairperson, or other Councillor as Mayor’s representative;

§ General Manager or his/her representative;

§ Council’s Community Consultation and Liaison Officer as secretary.

 

Depending on the nature of issues raised relevant Council staff may be invited to attend particular meetings.

 

 

 

6.         RESPONSIBILITIES OF MEMBERS

 

Community members will ensure effective and timely communication is exchanged between their own Precinct Committee and the Coordination Committee.

 

The Committee is a working committee and therefore it is anticipated that some tasks may need to be undertaken by members outside of the quarterly meetings.

 

7.         RESPONSIBILITIES OF COUNCIL

 

Council will provide secretariat support, including minute taking printing and distribution and professional officer support as appropriate. 

 

8.         ELIGIBILITY FOR APPOINTMENT

 

Randwick City Council requests that each Precinct Committee vote to elect their representative to the Precinct Coordination Committee.

 

9.         TERNURE OF MEMBERSHIP

 

In the case of the Mayor/Councillor, as determined by Council each year in accordance with the provisions of the Local Government Act.

 

Precinct representatives are to be elected by their individual Precincts every year, individuals can not fulfil this role more than two years in a row, which is in alignment with the Precinct Committee’s Constitution and Guidelines.

 

10.     PROCEDURES AND PROCEEDINGS

 

Meetings of the Committee shall be four times a year. Every three months or thereabouts.

 

A quorum of the Committee shall be six members.

 

In relation to any procedural matter, the ruling of the Chairperson shall be final.

 

The Committee will conduct a formal vote on motions and/or recommendations to be submitted to Council, using Council’s Current Code of Meeting Practice.

 

The Committee shall undertake an annual review and forward planning process to determine future directions and establishment of priorities.

 

11.       NOTICE OF ORDINARY MEETINGS

 

Members of the Committee shall receive at least ten working days written notice of ordinary meetings and such notice shall include an agenda for that meeting.

 

 

            Agenda items may be suggested by any Precinct Coordination Committee member and forwarded to the Committee secretary at least 14 days prior to the meeting for a decision on inclusion by the Chairperson.

 

12.       MINUTES OF MEETINGS

 

Minutes of meetings shall be made available to any interested residents for inspection and shall be published on Council’s Internet web site.

 

13.       NOTICE OF SPECIAL MEETINGS

 

Should the need arise for a special meeting to consider a matter considered particularly urgent, a special meeting to consider only that particularly urgent matter, may be called by the Chairperson and two other committee members.

 

14.       ATTENDANCE AT MEETINGS

 

Members may, in consultation with the Committee, request that an invitation be extended to a particular individual to attend a future meeting as a visitor, when it is considered that the visitor may be in a position to contribute to the proceedings.

15.       AMENDMENTS TO TERMS OF REFERENCE

 

These Terms of Reference shall only be amended by Council recommendation.


ATTACHMENT C

 

 

RANDWICK CITY COUNCIL

Precinct Coordination Committee

          DRAFT

AGENDA

 

Thursday 1 July 2004

Council Chambers 7.00pm

 

1.  Welcome   

2.  Introduction & Apologies      

3.  Adopt previous minutes                            

 

4.  Business Arising from previous PCC meeting

 

5.  General Business

 

6.1 Motions for PCC consideration from individual Precinct                                      Committees

 

6.2 Reports to PCC from Council

 

6.2 Notified agenda items from PCC members

         

6.  Next meeting

 

7.   Close

 

 

 

 


 

Director Asset & Infrastructure Services' Report 23/2004 

 

 

SUBJECT:

Proposed Street Names for the Defence Site, Randwick

 

 

DATE:

25 May, 2004

FILE NO:

98/S/1368

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES  

 

 

INTRODUCTION:

 

The Defence Site located in Kingsford is bounded by Bundock Street in the north and Avoca Street in the west and consists of 68.6 hectares of land.  This site is in the process of development into a residential complex, consequently introducing a network of new roads into the Randwick City Council jurisdiction. 

 

In accordance with the Defence Site Masterplan September 2001, this report seeks the adoption of new street names, as recommended in the plan. 

 

ISSUES:

 

In accordance with the Geographical Names Board of NSW, the naming of road names must follow set guidelines.  These guidelines suggest the preferred source for road names to include any of the following:

 

·            Aboriginal names;

·            Local history;

·            Early explorers, pioneers, settlers and other eminent persons;

·            War/casualty lists; or

·            Thematic names such as flora, fauna or ships.

 

Consistent with these guidelines, the Defence Site Masterplan produced a list of street names divided into two categories, east/west and north/south directions.  The east/west streets were recommended names generally in keeping with local flora.  Since the site was historically used by the Australian Defence Force as a large military warehousing facility, it was suggested that streets in the north/south direction be named with a military theme.

 


In addition, several neighbouring streets will extend into the Defence Site development, including:

·            Loch Maree Street

·            Garden Street

·            Benvenue Street

·            Hendy Avenue

 

It is considered that these street names should be extended to cover the extensions into the Defence site.  As the street numbering system in this area follows a north to south pattern, potential problems exist for adjoining streets from the southern end of the Defence site namely, Loch Maree Street, Garden Street and Benvenue Street. 

 

Both Loch Maree Street and Garden Street are relatively short extensions and will extend along the side of the subject properties and should not affect the current street numbering system.  However Benvenue Street is a much longer extension and potential exists for property frontages to face this street.  As such, the extension should be named North Benvenue Street. 

 

CONCLUSION:

 

The following street names are consistent with themes as suggested by the GNB Guidelines.  Each name was selected by its uniqueness, clarity and suitability to the area.

 

New street names proposed for the east/west direction include:

·            Melaleuca Street

·            Banksia Avenue

·            Monotoca Street

·            Correa Street

·            Casuarina Street

·            Lobelia Street

·            Acacia Street

·            Defence Avenue

 

New street names proposed for the north/south direction include:

·            Musket Street

·            Mantelet Street

·            Oval Avenue

·            Barrack Street

·            Squadron Street

 


RECOMMENDATION:

 

That:

 

·            The following new street names be adopted in accordance with the GNB guidelines:

o   Melaleuca Street

o   Banksia Avenue

o   Monotoca Street

o   Correa Street

o   Casuarina Street

o   Acacia Street

o   Lobelia Street

o   Defence Avenue

o   Musket Street

o   Mantelet Street

o   Oval Avenue

o   Barrack Street

o Squadron Street

 

·            The following existing street names be extended into the development complex:

o   Loch Maree Street

o   Garden Street

o   Hendy Avenue

 

·            North Benvenue Street be adopted as an extension of Benvenue Street.

 

·            Notice of both the Proposal and the new names be sent to:

o   Land and Property Information of NSW

o   Local Newspaper

o   The Registrar-General

o   The Surveyor General

o Australia Post

 

ATTACHMENT/S:

 

Copy of GNB Guidelines for the Naming of Roads

Site Map of the Defence Site

 

 

 

………………………………

………………………………

MICK SAVAGE

ANNIE SHUM

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

ASSETS ENGINEER - ANCILLARY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Director Asset & Infrastructure Services' Report 24/2004

 

 

SUBJECT:

Suburb Name Change for the Defence site Randwick

 

 

DATE:

19 May, 2004

FILE NO:

98/S/1368

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES  

 

 

INTRODUCTION:

 

The Defence Site Randwick, historically owned by the Australian Defence Force, is located within the Suburb of Kingsford, bounded by Randwick to the north, South Coogee to the East and Maroubra to the South.  For further detail, reference should be made to the attached suburb location map. 

 

Recently, an application was forwarded to Randwick City Council requesting a suburb name change for the Defence Site.  This application, submitted by Mirvac Projects proposed to change the current suburb name from Kingsford to Randwick. 

 

ISSUES:

 

According to a letter submitted to Council by the Australian Government Department of Defence, this suburb name change proposal was considered “consistent with the general naming of the site as the Randwick Barracks in the past and as correctly stated will be the location of the new Randwick Community Facility and Randwick Environmental Park.  For further detail on Randwick Environmental Park, reference should be made to the attached Site map. 

 

In accordance with the Geographical Names Board of NSW, there are recommended procedures for local Councils in the determination of locality/suburb names and boundaries.  These recommendations specify a detailed consultative process (see attachment for complete list), to illustrate, the following are some of those which are included:

 

·            Consult with Progress Associations, Australia Post, residents and other relevant groups

·            Prepare map of draft suburb boundaries

·            Advertise and exhibit draft boundaries

·            Review submissions

·            Submit to Council for approval to submit to the Geographical Names Board (GNB)

 

Following the initial submission by Council to the GNB for approval, there is a lengthy process of liaising between Council and the GNB where the suburb name change proposal is advertised over a one month period to allow for public submissions or objections on the matter, prior to approval of the name change.

 

In addition, the proposal to change the suburb name for the Defence Site will introduce suburb layout problems in Kingsford.  There are approximately ten streets south of the Defence site that belongs to the suburb of Kingsford:

 

Holmes Street

Garden Street

Benvenue Street

Cooper Street

Ian Street

Edgar Street

Loch Maree Street

Henning Avenue

Garrett Street

Moverly Road

 

For the purposes of logical suburb planning and layout, it is recommended that these streets be considered for suburb name change to either Randwick or Maroubra.  Reference should be made to the attached suburb location map for further details.

 

CONCLUSION:

 

Due to the work and time required to carry out the suburb name changing process, it is considered that Council should acknowledge this matter and approve the commencement of the procedures to redefine suburb boundaries for the Defence Site and selected adjacent streets to the south of this site.

 

RECOMMENDATION:

 

That:

·            Council officers proceed with the consultation process as recommended by the GNB to change the locality/suburb move for the Bundock Street Defence Site from Kingsford to Randwick; and

 

·            a report be submitted to a future Council Meeting outlining draft boundaries to be submitted to the GNB.

 

ATTACHMENT/S:

 

Current suburb location map

Proposed suburb location map

Recommended procedures for determining suburb names and boundaries

Copy of letter issued by the Department of defence

Site map of the Defence site 

 

 

 

………………………………

………………………………

MICK SAVAGE

ANNIE SHUM

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

ASSETS ENGINEER - ANCILLARY

 

 

 

 

 

 







 

Director Asset & Infrastructure Services' Report 25/2004

 

 

SUBJECT:

DENNING STREET, SOUTH COOGEE - REVIEW OF TRAFFIC AND PARKING CONDITIONS

 

 

DATE:

19 May, 2004

FILE NO:

R/0229/02

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES  

 

 

INTRODUCTION:

 

Council has received various representations from residents of Denning Street, South Coogee, concerning traffic conditions and safety of the residential amenity.

 

The various issues raised were concerned with traffic speed, non-residential through traffic, traffic safety, lack of parking outside certain residential premises, narrowness of the street, the position of the double centre lines, vehicles not stopping at the ‘Stop’ sign, visibility of signs, hazardous traffic movements at the Cuzco Street intersection, etc.

 

The Police, RTA and Council Officers have met on site on several occasions to observe traffic conditions and undertake a comprehensive review of all issues raised by residents.

 

In addition, Council Officers conducted traffic speed and traffic volume surveys to obtain a full assessment of existing traffic conditions.  The results of the surveys are shown on the following table:

 

Location

85%ile speed (km/hr)

AADT (veh/day)

Denning Street, outside

premises No.46 (both directions)

 

46

 

1267

Northbound

45

711

Southbound

48

556

 

Denning Street, outside

premises No. 86 (both directions)

 

50

 

795

Northbound

49

440

Southbound

52

357

 

It is also noted that there were six traffic accidents reported at various locations in Denning Street during the five year period between 1998 and 2003.

 

The Randwick Traffic Committee at its meetings held in March, April and May 2004 considered the various issues raised by the residents and conducted various site inspections.

 

A summary of various representations received from the residents is attached.  (Attachment A).

 

The Randwick Traffic Committee has reported that the existing traffic volumes and speed do not warrant the implementation of physical measures (traffic calming devices) in Denning Street, except certain traffic control measures at the intersection of Cuzco Street.

 

Council’s Traffic Engineers have prepared a modified proposal (Attachment B) for the intersection of Malabar Road / Denning Street / Cuzco Street, incorporating traffic islands, edgelines, splitter islands, supplementary ‘Stop’ sign, directional hazard marker, etc.  The design also incorporates changes to existing painted median island and extension of right hand turn bays in Malabar Road at the approach to Cuzco and Denning Streets.

 

The Randwick Traffic Committee at its meeting held on 11th May 2004, endorsed the implementation of the above measures to achieve safety at the intersection and speed control in the vicinity of Malabar Road.

 

ISSUES:

 

The Traffic Committee has concluded that the existing barrier line in Denning Street should be removed and a broken separation line be installed at the centre of the carriageway to the full length of the street from Rainbow Street to Malabar Road.

 

The proposal for the broken separation line is to permit parking on both sides of the street, and experiences have shown that the marking of the separation line contributes to the reduction of the speed of approaching vehicles in opposite directions.

 

However, it is considered that, where the section of the roadway forms a crest, at the location between premises nos: 88 and 92, overtaking barrier lines should be provided.  Such arrangement will result in the loss of only two parking spaces on the eastern side and three spaces on the western side in the vicinity of these premises, which cannot be avoided to achieve safety at the crest.

 

It is also considered that ‘CREST’ warning signs should be installed at the approach to the crest on both directions.

 

In addition, the Committee considers that unbroken barrier lines should be provided at the centre of the carriageway at the intersection of Evelyn Street, due to the road geometry at that location.

 

Council’s modified design proposal for the intersection of Malabar Road / Denning Street / Cuzco Street is considered to be a viable and cost effective treatment to address the present hazardous traffic conditions at the location.

 

A roundabout would not be the best option at this location for the following reasons:-

·            Multi-lane roundabouts are not generally conducive for motorists;

·            Loss of kerb side parking will be greater than other viable treatments;

·            A roundabout would be pedestrian unfriendly particularly at this location.

 

Similarly, the intersection will not meet RTA’s established economic assessment criteria for funding for the installation of traffic signals to improve safety and traffic flow.  In addition, the road geometry does not favour traffic signal installation.

 

Another issue raised by the residents was in relation to the provision of a pedestrian refuge in Malabar Road, south of Nymbodia Street.  The provision of this facility at developer’s cost is a condition of Council’s development consent for the Coogee Veterinary Clinic at 203A Malabar Road, South Coogee.

 

The Traffic Committee has recommended implementation of this pedestrian refuge, as shown on the attached drawing.  (Attachment C).

 

CONCLUSION:

 

A.      The primary objective of the recent review, undertaken by Council Officers, of traffic and parking conditions in Denning Street, was to recommend implementation of appropriate traffic control measures that would protect the residential amenity of the area.

 

          Two major components of the review are:- 

 

      (a)      traffic control measures proposed for the full length of Denning Street, from Rainbow Street to Malabar Road; and

 

      (b)      an improved intersection design for the Malabar Road / Denning Street / Cuzco Street intersection. 

 

          The Randwick Traffic Committee has finalised plans for these works as detailed in the following recommendation.

 

B.       Council should approve the implementation of these traffic control measures recommended by its Traffic Committee. 

 

C.      Funding is the major constraint, due to other more severe black spot locations within the City that need to be treated as priority.

 

          For funding purposes, the recommended measures are classified into three categories, as explained hereunder:-

 

(i)          Implementation of measures for which the cost shall be borne by the developer of the Veterinary Clinic at 203A Malabar Road (estimated at $12,000);

 

(ii)        Signposting and line marking which shall be the responsibility of the RTA; and

(iii)       Improved intersection treatment at the Malabar Road / Denning Street / Cuzco Street intersection at an estimated total cost of $20,000 ($5,000 in temporary materials for an initial trial period of three months, plus $15,000 for its implementation in permanent materials should the trial prove successful), which shall be the responsibility of Council.

 

RECOMMENDATION:

 

That:

 

A.      The following traffic control measures aimed at improving the safety and the residential amenity of Denning Street and Malabar Road in the vicinity of Cuzco Street, South Coogee, be approved for implementation:-

 

1.      A pedestrian refuge in Malabar Road, south of Nymboida Street, as shown on Attachment C, for which the cost of implementation shall be borne by the developer of the Veterinary Clinic at 203A Malabar Road, South Coogee, in accordance with the condition of Council’s Development Consent;

 

2.      The kerb space on the eastern side of Malabar Road, north of Denning Street, being reallocated to provide an 18 metre long Bus Zone at the approach to Denning Street; and a zone for four car parking spaces:  ‘1 Hour Parking 8.00am - 8.00pm, Monday to Friday, 8.00am – 1.00pm Saturday and Sunday’  (Costs shall be borne by the Veterinary Clinic) in accordance with the condition of Council’s Development Consent;

 

3.      Removal of existing double separation lines in Denning Street and installation of a broken separation line at the centre of the carriageway of Denning Street, to its full length from Rainbow Street to Malabar Road;

 

4.      Provision of overtaking barrier lines (with unbroken line located on the driver’s side), together with reflective raised pavement markers at the centre of the carriageway approaching the crest, such barrier lines to extend for a length, between the northern extremity of the driveway of premises No. 88 Denning Street and the southern extremity of the driveway of premises No. 92;

 

5.      Installation of a ‘CREST’ warning sign on the eastern side, on the wooden electric light pole MA04506 situated north of premises No. 65; and on the western side on the wooden electric light pole MA04505 situated south of premises No. 92;

 

6.      Provision of barrier lines together with reflective raised pavement markers at the centre of the carriageway of Denning Street, at the intersection of Evelyn Street, such lines to extend for a length between a point 10 metres south of the southern kerb alignment and 10 metres north of the northern kerb alignment of Evelyn Street;

 

7.      Signposting of ‘No Stopping’ restrictions for a length of 10 metres on both sides of Denning Street, on the approach and departure sides of its intersection with Napper Street and Garie Place;

 

8.      An improved design for the intersection of Malabar Road / Denning Street / Cuzco Street, as shown on Attachment B, such proposal to include the construction of traffic islands and splitter islands;

 

9.      In conjunction with the improved intersection design as proposed in 8 above, changes to existing lane marking including the provision of right turn bays at the approach to Cuzco Street and Denning Street intersections, as shown on the drawing;

 

10.    Installation of rumble bars on the centreline of Malabar Road, between Cuzco Street and Denning Street, for a length of approximately 8 metres;

 

B.      A sum of $5,000 for the implementation of the improved design for the intersection of Malabar Road / Denning Street / Cuzco Street, in temporary materials as a trial measure, to assess the effectiveness of the new design as an appropriate control measure for enhancing the safety at this location, be made available from the residual funds allocated for traffic facilities in the current budget (2003-2004) but which have not attracted the required funding from the RTA in order for these projects to proceed; and

 

C.      Should the above trial measures prove successful, the construction of traffic facility in permanent material be considered by Council as part of 2004 / 2005 Capital Works Program, and a sum of $15,000 be allocated for this purpose from Councillors’ bid allocation.

 

ATTACHMENT/S:

 

Attachments A,B and C - ALL UNDER SEPARATE COVER.

 

 

 

 

 

………………………………

………………………………

MICK SAVAGE

KEN KANAGARAJAN

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

SENIOR TRAFFIC ENGINEER

 

 

 

 


 

Director Governance, Management & Information Services' Report 12/2004

 

 

SUBJECT:

LOCAL GOVERNMENT REMUNERATION TRIBUNAL - DETERMINATIONS

 

 

DATE:

11 May, 2004

FILE NO:

98/S/1092 xr 98/S/0090

 

 

REPORT BY:            DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES  

 

 

INTRODUCTION:

 

The Local Government Remuneration Tribunal has handed down its Report and Determinations on fees for Councillors and Mayors for 2004/2005.

 

ISSUES:

 

The Tribunal has awarded an increase in Councillor fees based on the duties and responsibilities placed upon Mayors and Councillors in carrying out the statutory duties outlined in the 1993 Local Government Act. The fee increase also takes into account national economic indicators, such as the inflation rate and the Wage Cost Index.

 

The Tribunal increased all minimum and maximum fees by three (3) percent for Councillors and for Mayors. The revised fee structure covers the period 1st July, 2004 to 30 th June, 2005.

 

Randwick City Council is in Category 1 and the following remuneration ranges are available:

 

Councillor’s Annual Fee:                       Minimum $ 8,810 – Maximum $16,450

Mayor’s Annual Fee:                            Minimum $18,730 – Maximum $43,705

 

It should be noted that at Randwick Council it is traditional for 10% of the Mayor’s Annual Fee to be deducted from the figure set and this be paid to the Deputy Mayor to assist with offsetting costs associated in performing that role.

 

CONCLUSION:

 

It is necessary each year for the Council to set the Councillors’ and Mayor’s Annual Fees and it is considered that the maximum fees should be applicable for the forthcoming financial year.

RECOMMENDATION:

 

a)         That a Councillor’s Annual Fee of $16,450 and a Mayor’s Annual Fee of $43,705 be set for the financial year July, 2004 to June, 2005 in accordance with the range stipulated by the Local Government Remuneration Tribunal; and

 

b)         That, as traditional at Randwick Council, 10% of the Mayor’s Annual Fee be paid to the Deputy Mayor.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

MARK HUMMERSTON

 

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES

 

 

 

 

 

 

 


 

Director Planning & Community Development's Report 22/2004

 

 

SUBJECT:

707-751 Anzac Parade, MAROUBRA

 

 

DATE:

18 May, 2004

FILE NO:

1188/2003

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

Attached is the Development Assessment Report for the Development Application No 1188/2003 for the demolition of the existing commercial building and extension of Maroubra Mall development to incorporate a new ten storey mixed commercial/residential development to include 16 dwellings, 32 basement car spaces and ground and first floor commercial floor space and associated modifications to the approved development to amend the unit mix, extension to basement 3 car parking and reconfigure retail arcade to increase commercial area.

 

RECOMMENDATION:

 

That council consider and determine the development application in accordance with the recommendations contained in the attached report.

 

ATTACHMENT/S:

 

1. Development Application Report dated 6 May 2004.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

6 May, 2004

FILE NO:

D1188/2003/GG

 

PROPOSAL:

 Demolition of the existing commercial building and extension of Maroubra Mall development to incorporate a new ten storey mixed commercial/residential development to include 16 dwellings, 32 basement car spaces and ground and first floor commercial floor space and associated modifications to the approved development to amend the unit mix, extension to basement 3 car parking and reconfigure retail arcade to increase commercial areas.

PROPERTY:

 707-751 Anzac Pde Maroubra

WARD:

 Central Ward

APPLICANT:

 Clycut Pty Ltd/Alpine Hotels Pty Ltd

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $8,067,355.

 

The applicant is seeking approval to demolish the existing commercial building at No. 751 Anzac Pde, excavate and construct three levels of basement car parking for 32 car spaces, ground and first floor commercial/retail floor space a mezzanine for a service level and eight storeys of residential units above comprising of 16 dwellings. This additional ten storey building will be incorporated into the Maroubra Mall redevelopment which is currently under construction. Alterations and additions are also sought to the approved component of the Maroubra Mall development including altered unit mix, reconfigure the ground floor northern retail space and altered car park layout to accommodate the additional building.

 

The proposal is generally consistent with the Development Control Plan for Maroubra Junction and Clause 42D of Randwick Local Environmental Plan 1998.  The development proposes a building envelope, height, façade treatment and built form consistent with the existing approval for the Maroubra mall re-development which was approved in accordance with the applicable Masterplan. The application has satisfied the concerns raised by the Design Review Panel and achieves a good design solution within the context of SEPP 65.

 

The application is recommended for approval subject to deferred commencement consent.

 

2.    THE PROPOSAL

 

The proposal is for the incorporation of an additional site to the Maroubra Mall redevelopment. The additional site known as the old ‘Burger King’ building is located on the corner of Anzac Pde and Maroubra Rd. The site is currently comprised of a three storey commercial building. This building is to be demolished to make way for a new ten storey mixed use commercial/residential building. The ‘Burger King’ site has an area of 347sqm which will increase the total site area of the Maroubra Mall redevelopment to 18, 736sqm.

 

The new ten storey building incorporates three levels of basement car parking, two storeys of retail floor space including a mezzanine level and eight storeys of residential floor space providing for 16 residences comprising of two and three bedroom dwellings. 14 of these residences are new as two have been deleted from the previously approved building G.

 

Minor modifications are also proposed to the approved Maroubra Mall development. The total number of units including these proposed modifications and additional building will be 570 and increase of 19 units. Available car parking will so be increased from 1001 spaces to 1181. The apartment mix is to be modified in that the percentage of bedrooms types will be varied this is shown in the table below:

 

 

 

 

Apt Type

Approved % Mix

Proposed % Mix

1 Bed

33.8%

33.0%

2 Bed

59.7%

57.9%

3 Bed

6.5%

5%

 

To building H directly to the west of Building G an additional 1 unit is proposed. To Building I to the north of building H an additional 4 units are proposed. These two building will also be significantly reconfigured to resolve some design issues approved in the original plans.

 

The ground floor retail arcade shall be reconfigured to allow for the additional floor space provided by the additional site and to improve the design of individual tenancies. The plant room to the northern frontage shall be decreased in area and as a result the shopfront areas to Boyce Rd will have increased area.

 

The car parking of the two basement levels shall be reconfigured to allow for the additional area of the Burger King site and to facilitate improved vehicle and pedestrian access.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The existing Maroubra mall site is an irregularly shaped amalgamation of allotments, covering almost an entire block, having a principal frontage to Anzac Parade and secondary frontages to Marboura and Boyce Roads. The development also has an extensive frontage to Bruce Bennetts Place and Piccadilly Place. The subject site as currently approved comprises:

 

Lot

DP

Owner

Lot 1

DP 620388

Clycut P/L

Lot 1

DP 852031 (Piccadilly Place)

Alpine Hotels P/L

Lot 3

DP506844

Alpine Hotels P/L

Lots 3 and 4

DP 218420

Lots 5132 and 1976

DP752015

 

The Maroubra Mall site has an approved area of 18,389m² and incorporates a component of Stockland Mall which is still trading whilst the remainder of the northern section of the site is under going construction.

 

The ‘Burger King’ site known at No. 751 Anzac Pde provides for an additional 347sqm which increases the amalgamated Maroubra Mall site area to 18,736sqm. With the incorporation of the Burger King site, the total Maroubra mall site now covers an entire block including the previously excluded South-East corner at the intersection of Maroubra Rd and Anzac Pde.

 

Development of the surrounding locality is characterised by a mix of uses. Along Anzac Parade to the northeast and southeast are a range of commercial and retail developments. Behind Anzac Parade (and the subject site) to the west are smaller scale retail and commercial uses, new residential towers and medium density housing. To the east, across Anzac Parade are small-scale commercial and retail uses. Some of these turn the corner and front Green Street, which is opposite this site. An exception to the one to three storey forms on the eastern side of Anzac Parade is a large, multi-storey car park on the northern side of Green Street. To the north, across Boyce Road are 8-9 storey residential flat buildings. To the south, across Maroubra Road, is a one to two storey retail strip with residential areas extending behind.

 

4.    SITE HISTORY

 

APPLICATION HISTORY

 

The redevelopment of Maroubra Mall was outlined and approved as part of a Masterplan on 13 August 2001. Consent was issued for the redevelopment of Maroubra Mall subject to deferred commencement conditions at the Health, Building and Planning Committee on the 11 November 2002. The deferred commencement conditions were satisfied on the 20 December 2002. Three section 96 applications have been lodged varying several conditions of consent primarily relating to drainage works. Construction commenced in January of 2003 and continues to date.

 

The current application was lodged on the 19 December 2003. The proposal was the subject of a prelodgement referral to the design review panel in accordance with State Environmental Planning Policy No. 65 (SEPP65). Based on preliminary comments amendments were made to the design of the new ten storey building. Subsequent to lodgement the application was referred twice more to the panel, ongoing concerns raised by the panel were for the appearance of the southern elevation and achieving good ecologically sustainable design (ESD) for south facing units. These concerns were satisfactorily resolved by sketch details submitted by the applicant that will be incorporated into deferred commencement conditions of consent.

 

5.    COMMUNITY CONSULTATION:

 

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

 

Maroubra Junction Precinct Committee

T Bergman

PO Box 2035

 

·          Concern for the development exceeding 9 storeys inconsistent with Draft DCP for Maroubra Junction controls for the site

 

Comment

 

The Draft Maroubra Junction DCP allows for 9 storeys or above for the site identified as No. 751 Anzac Pde. It is noted that the site is a key site within the Maroubra junction town centre and an emphasis of taller buildings in this location has been the intention of the formulation of the DCP. It is considered that the proposed height is acceptable within the context of the approved development and the vision for the town centre. The applicable height control and appropriateness of the proposal is discussed in greater detail under Environmental Assessment section of this report.

 

·          Parking should comply with Council’s parking requirements

 

Comment

 

Parking is discussed in greater detail under Technical Officer’s comments section of this report. It should be noted that the application has been referred to Council’s Director of Assets and Infrastructure  Services who raised no concern with the quantity of parking provided for the additional units proposed, sufficient parking is proposed.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       ASSETS AND INFRASTRUCTURE

 

An application has been received for alterations and additions to the approved Maroubra Mall development (DA 255/2002). The approved development includes ground floor, mezzanine and part first floor retail/commercial, 551 residential units and associated basement car parking.

 

The current development application seeks to extend the approved development onto 751 Anzac Parade (Burger King site) and undertake consequential modifications to the approved development. Some changes to the apartment mix are also proposed.

 

The follow table summarises the changes:

 

 

Approved development consent

Current application (including Burger King site)

Increase

Retail/commercial

16,368 m2

16,841 m2

473 m2

1 bed apartments

186

188

2

2 bed apartments

329

330

1

3 bed apartments

36

52

16

 

Landscape comments

 

The application was referred to Council’s Landscape Technician for consideration and the following comments were received:

 

There are no trees covered by Council’s Tree Preservation Order that will be affected by the proposed works, however, the applicant is advised that several amendments to the plans will be necessary in order to comply Council’s Street Tree Masterplan along the Maroubra Road and Anzac Parade frontages.

The applicant is advised that an existing bus stop owned by JC Decaux is located along the Maroubra Road frontage, and as such, the applicant will be required to liaise with the shelter owner in regards to their requirements, which will also determine the placement of street trees and street furniture in this area.

 

Parking Comments

 

Parking Demands

The following table estimates the parking requirements for the proposed additions and alterations based on:

 

·    The parking generation rates given in Council’s DCP; and

·    The parking generation rates given in the Maroubra Mall masterplan.

 

It is noted that the Burger King site is not covered by the approved masterplan, however, given that the Burger King site is to become part of the Maroubra mall development, it is considered appropriate that the proposed addition be assessed using the masterplan requirements.

 

 

Increase

Parking

generation rate

(DCP)

Parking

requirements

(DCP)

 

Parking generation rate

(Masterplan)

Parking

requirements

(Masterplan)

 

Retail/

commercial

473 m2

(approx.)

1 space/40m2

11.8

1 space/40m2

11.8

 

Residential

 

 

 

 

 

1 bed

2

1 space/unit

2

1 space/unit

2

2 bed

1

1.2 spaces/unit

1.2

1 space/unit

1

3 bed

16

1.5 spaces/unit

24

1 space/unit

16

 

 

 

 

 

 

Visitor

19 units

1 space/4 units

4.8

1 space/10 units

2

 

 

 

 

 

 

 

 

TOTAL

47.2

TOTAL

36.2

 

It is understood that the proposal is providing an additional 180 parking spaces which is well in excess of both the masterplan and DCP requirements for the proposed additions.

Visitor parking

Given that visitor parking is accommodated within the retail parking area in the approved Maroubra Mall development, it is considered appropriate that the additional visitor parking demands from the proposed alterations and additions may be provided within the retail parking areas also.

 

Residential Parking

The residential parking spaces shall be kept separate from the retail/commercial and visitor parking spaces.

 

As per the approved Maroubra Mall development, it is recommended that the current development application be conditioned to prohibit residents of the development from being included into any future resident parking schemes in the area. A condition relating to this matter has been included in this report.

 

Each residential unit shall have a car parking space tied to the unit in title, and parking spaces for residents shall not be subdivided and sold separately to units unless an alternative arrangement is agreed by Council in a future development application. The DPCD should ensure that an appropriate condition relating to this matter is included in the approval.

 

Tandem Parking spaces

Each set of tandem parking spaces shall be allocated to a single residential unit.

 

Disabled parking spaces

The EPCD Department should ensure that the proposed disabled parking provisions are adequate.

 

Bicycle parking

The applicant has indicated in their facsimile dated 11 February 2004 that the number of bicycle spaces provided in the development will be increased by 5 as a result of the proposed alterations and additions.

 

According to Council’s DCP for parking the proposed modifications should provide an additional 8 spaces for the additional 19 residential units alone (based on 1 space/3 units plus 1 visitor space/10 units).

 

Carpark layout

Both the residential and retail carparking areas shall be designed in general accordance with the requirements of AS 2890.1 (off-street parking). The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

Pavement arrows are to be installed on all aisles within the car parks

 

Vehicular access provisions  

The submitted traffic report indicates that the vehicular access arrangements approved in conjunction with DA 255/2002 will not be altered by the current application.

 

Service Vehicle Provisions

The submitted traffic report indicates that the service vehicle arrangements approved in conjunction with DA 255/2002 will not be altered by the current application. It further states that the ‘minor increases in retail floor space and residential apartments will not bring about any perceptible increased demands for service vehicle activity’. The AIS Department does not consider that additional service vehicle areas are required in conjunction with this development application.

 

Traffic Comments

 

The submitted letter by Transport and Traffic Planning (dated 4 March 2004) indicates that the proposed development will not adversely affect the level of service of the surrounding streets/intersections.

 

It is noted that the RTA have indicated that the development should be considered as Schedule 2 under SEPP11. Thus the application was referred to the Randwick Development Committee for consideration. The committee recommended that:

 

Should Council wish to support the submitted proposal, no objection be raised on traffic grounds by the Randwick Development Committee, on the basis that this development is completed in conjunction with (or after) the original DA 255/2002 which gave consideration to comments of the Regional Development Committee.

 

Awning Comments

 

The DPCD is advised that the awnings located over Council’s footpath area along the Anzac Parade site frontage are not continuous, thus in the event of rain, pedestrians will be reliant on the undercover colonnade area.

 

The following recommended condition has been included in this report to ensure that the colonnade area is available for pedestrian use at all times:

 

The Colonnade area along the Anzac parade site frontage should be kept clear at all times to ensure that there is a minimum 2.5 metre wide undercover section of footpath available for pedestrian use at all times.

 

An alternative to the above condition would be to amend the awning design to provide continuous protection.

 

Further to the above, it is noted that the width of the awnings along the Maroubra Road site frontage (and at the Maroubra Road / Anzac Parade intersection) should be increased to provide 2.5 metres of protected footpath area. This requirement does not extend along the Anzac Parade frontage as the colonnade provides an additional undercover walkway.

 

Encroachments

 

No portion of the building (excluding approved street level awnings) shall project outside of the property boundary. This includes all structural and façade elements. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

Splay corner comments

 

The applicant shall provide a minimum 3 metre x 3 metre splay corner at the south-eastern corner of the development site (intersection Maroubra Road and Anzac Parade). There shall be no structures within the splay corner at the ground level.

 

Drainage Comments

 

Onsite detention of stormwater is required for this application.

 

Groundwater Comments

 

Groundwater monitoring in the vicinity of the development site was undertaken by Jeffery and Katauskas between 12/10/2000 and 21/12/2001. The results from monitoring (submitted in conjunction with DA 255/2002) indicate that ground water fluctuated between RL 16.7 (AHD) and RL 17.4 (AHD). Given that the finished surface level of the proposed basement 3 carpark level is at RL 17.1 (AHD), it is anticipated that the proposed basement excavations may intersect groundwater and some dewatering may be required during construction. Consequently, the application has been referred to DIPNR as integrated development. The EPCD Department should ensure that all requirements from DIPNR are included in the conditions of development approval.

 

It is understood that the applicant has not provided a detailed excavation and dewatering report in conjunction with the development application. To ensure that the proposed basement construction will not result in significant damage to surrounding infrastructure, it is recommended that the EPCD Department include the following deferred commencement condition:

 

A report detailing the proposed method of excavation and dewatering shall be submitted to Council for approval prior to this consent becoming operational. The report shall be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and must include but not limited to:

 

·           The proposed method of shoring/piling and dewatering

·           The zone of influence of any possible settlement

·           The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council)

·           Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent are satisfied.

·           The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council)

·           The location of all pumping equipment in relation to the property boundaries

·           The proposed method of noise attenuation for all pumping equipment i.e.; so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential dwelling and not to be audible at all between the hours of 10pm and 7am within any residential dwelling

·           A statement from suitably qualified and experienced Geotechnical and Hydrological Engineers, with the concurrence of a Structural Engineer, that there should be no detrimental settlement to adjoining or nearby buildings/infrastructure using the chosen method of excavation/dewatering.

·           Details of the groundwater quality and the suitability for discharge to the Council’s stormwater system. Consideration shall be given to the Protection of the Environment Operations Act 1997 and relevant Australian Standards.

 

The applicant shall obtain a Water License (for temporary dewatering) from the Department of Land and Water Conservation prior to the issuing of a construction certificate.

 

A dilapidation survey of the surrounding properties and infrastructure shall be undertaken by a suitably qualified person prior to the commencement of work.

 

Waste Management comments

 

The application was referred to Council’s waste management officer for consideration and the following comments were received:

 

The following waste management comments are made in regard to the development application for addition and modification to Maroubra Mall based on the Waste Management Report by Crone Nation Architects dated 13/1/03 (approved in conjunction with DA 255/2002) and drawing no. 2129.

 

The development application proposes the construction of 19 additional apartments. Therefore, the waste management arrangements proposed in the original development application should be modified to account for the potential increase in the amount of waste generated once the development is occupied. Sufficient space must be allocated within the approved waste management arrangements to allow for this additional garbage and recycling material.

 

An amended waste management plan indicating how the additional garbage and recycling material generated will be managed should be submitted prior to issuing of the construction certificate.

 

The proposed changes to the garbage rooms located at coordinates W: 33 - 34 and M: 37 - 38, Drawing 2129A (Basement 2 Floor Plan) are satisfactory, however, plans submitted for the construction certificate application should demonstrate that these areas are capable of containing the required number of bins (as described in the amended waste management plan).

 

6.2   DEPARTMENT OF INFRASTRUCTURE PLANNING AND NATURAL RESOURCES

 

The application was referred to the Department for a dewatering licence. General terms of approval were provided which are included as part of this consent.

 

6.3   Sydney Airports Corporation (SAC)

 

Under the provisions of the Air Navigation (Building Control) Regulations the concurrence of the Federal Airports Corporation is required as the buildings are to be constructed on the subject site are within the Conical Surface of the Obstacle Limitation Surfaces for Sydney Airport. The Corporation has provided information to be incorporated as a condition of any consent requiring separate approval to be applied for prior to commencement of works for the erection of cranes at a height greater than the proposed building. Such a condition will be provided.

 

6.4       Roads and Traffic Authority (RTA)

 

There was no requirement to refer the application to the RTA for concurrence as the application was category 2 development not requiring a formal referral. The application was referred to the Randwick Development Committee which satisfied the requirements of category 2 development.

 

7    MASTER PLANNING REQUIREMENTS

 

The existing Maroubra Mall site exceeds 4000sqm and accordingly a masterplan was submitted and approved for the site prior to any development application approval. The Burger King site does not exceed 4000sqm and was excluded from the original masterplan as the site had not yet been secured. As such the masterplan for the Maroubra mall site does not relate to this current proposal however some of the key elements have been given consideration in the assessment of this application to maintain consistency within the consolidated site. Where the masterplan requirements have been given consideration this is detailed under technical officer comment or environmental assessment.

 

8    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1 Randwick Local Environmental Plan 1998

 

The site is zoned 3A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.  

 

Clause 42(D) relating to Maroubra Junction Town Centre  was gazetted on the 7 May 2004. This Clause also repealed Clauses 31, 32 and 33 for properties within this town centre.  However, when this application was lodged these Clauses were still applicable. The proposed height exceeded the permissible maximum height of 12m and FSR of 3:1 as such two SEPP 1 objections have been provided for these Clauses where the proposal varies the standard. Given there is no sunset provision for the application of the new LEP the SEPP 1 objections are no longer necessary as the proposal must satisfy the height requirements pursuant to Clause 42D of LEP 1998.  Clause 42D(6) does not provide for a maximum height limit for buildings which are 9 storey and above.  However the proposal complies with the height control (in terms of the number of storeys) in the DCP-Maroubra Junction Town Centre.

 

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

 

The site falls under DCP No. 15 which has yet to be repealed in preference to the new Maroubra Junction Town Centre DCP.

 

The height plane applicable to this site under DCP 15 is Height Plane C for the northern side of Maroubra Rd. This allows for a wall height of 15m and a roof pitch of 35 degrees. The proposed building does not achieve this building plane however it is noted that DCP is being replaced with the November 2003 Maroubra Junction Town Centre DCP and as such greater importance is placed on compliance with the more contemporary controls.

 

A continuous awning is also required under this DCP which is being achieved through conditions of consent with this application.

 

The DCP also calls for ground floor retail/commercial use which is achieved with the current proposal and is consistent with the  DCP.

 

8.3 Development Control Plan No. Maroubra Junction Town Centre.

 

The proposal has been assessed with regard to the Development Control Plan - Maroubra Junction Town Centre, as exhibited - July 2002 (Draft DCP - Maroubra Junction Town Centre).  The Draft DCP - Maroubra Junction Town Centre provides general built form controls for the Maroubra Junction town centre on a block-by block basis, as well as general design guidelines that also include definitions and objectives.

 

The subject site is located within Block 6 and compliance with these controls for the extension to building G are shown in the table below. 

 

Block – by – Block Controls – Block 6 (Draft DCP – Maroubra Junction Town Centre)

 

Block 8 Controls

Requirements

Proposed

Compliance

Building height

 

Building G

 

 

9 storeys and above

 

 

 

10 storeys

 

Yes, additional storey over 9 storeys is consistent with  the redevelopment of the entire Maroubra mall site.

Minimum floor to ceiling height

 

Ground floor

 

 

Level 1 and mezzanine (commercial above ground floor)

 

Residential floors above first floor

 

 

 

 

 

 

 

3.6m

 

 

3.3m

 

 

 

 

2.7m

 

 

 

5.05m

 

 

4.0m

 

 

 

 

Levels 2-9

3.0m

 

Level 10

3.5m

 

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

Yes

 

 

Yes

Building use

 

Two levels of commercial with residential above

 

Two levels of commercial/retail along Maroubra Rd and Anzac Pde frontages with residential above.

 

Yes

 

 

Building envelope

 

 

 

 

No. 751 Anzac Pde to follow the 3D model provided for this site.

Projected footprint reflects the 3D model provided in the DCP.

Yes

Building Depth

 

 

 

Max 25m for commercial floors

 

 

Max 22m for residential floors

 

Approx 13m

 

 

 

Approx 13m

Yes when measured from Maroubra Rd, as measured from Anzac Pde depth is 38m Given the site is a corner site depth has been measured from primary frontage of Maroubra Rd.

Setbacks

 

 

 

 

Front setback 0m

 

Side setback 0m

 

Rear setback 6m

0m

 

0m

 

0m

Yes

 

Yes

 

No however as this is an infill site attaching to the approved buildings (I & F) of the Maroubra Mall development this setback can be supported.

 

 

Deep soil zone and open space

 

 

 

 

 

 

 

Min 25% of the total site area

 

 

 

 

Yes when the application is considered within the contact of the entire Maroubra Mall 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       Floor Area

 

The application has been designed to respond and relate to the approved Maroubra Mall re-development which followed the approved Masterplan.  The Masterplan for Maroubra Mall did not include the site at No. 751 Anzac Pde as this site had not yet been acquired and as such could not be included in the consolidated site.  Amendment No. 33 to RLEP 1998 inserts Clause42D to the LEP to provide consistency between the LEP and the Maroubra Junction Town Centre DCP 2003. Clauses 31, 32 and 33 which established Height, Floor Space ratio and landscape area controls were deleted for Maroubra Junction as these are lower than the available standards under the DCP.  Amendment No. 33 was gazetted on the 7 May 2004 without any sunset provisions so that any application for Maroubra Junction still under assessment after that date must be determined under the new Clause 42D of LEP 1998.

 

For the subject site this means that the application no longer needs to comply with Clause 32 Floor Space Ratios. The SEPP 1 objection submitted with the application is therefore not relevant.

 

Within the Maroubra Junction Town Centre DCP there are floor space ratio provisions of a type referred to as building envelope. The DCP stipulates that:

 

Development applications are to demonstrate that the gross floor area achieved occupies no more than 70% of the maximum building envelope area in the case of residential floors and 80% in the case of commercial/retail floors above ground floor.

 

The application was submitted when the FSR applicable was 3:1 and only a brief discussion on compliance with Draft Maroubra Junction Town Centre DCP was provided. A table of compliance indicated that for residential floors approximately 60% of the maximum building envelope is occupied. The level 1 commercial floor occupies approximately 80%. Both of these percentages satisfy the building envelope control of the DCP.

 

No concern is raised for the floor space ratio of the consolidated Maroubra Mall (including Burger King) site of 4.1:1 which is consistent with the scale of the site and the density envisaged in the Maroubra Junction Town Centre DCP.

 

9.2       Height

 

The permissible height for the site prior to gazettal of Amendment No 33 of LEP 1998 was 24m. The proposed building significantly exceeds 24m however given there is no sunset provision within the amendment Clause 33 Building height is no longer applicable. Clause 42D (6) which was incorporated in Amendment No. 33 of LEP 1998 included new height controls stipulated in both storeys and maximum height for Maroubra Junction, these height controls are consistent with the DCP for all sites except for No. 751 Anzac Pde. For No. 751 Anzac Pde the maximum height is 9 storeys and above under the DCP . The DCP height of 9 storeys relates principally for existing sites which have already a height exceeding 9 storeys. A height of 9 storeys or above was also provided for No. 751 Anzac Pde so as to be consistent with the remainder of the approved Maroubra Mall development should 751 Anzac Pde ever be amalgamated as is occurring with this application. As such the proposal achieves the height requirements of Clause 42D(5) which gives effect to the height map outlined in the DCP to that of a development standard within the LEP. As such Clause 42D(5) ensures the proposed height of the DCP is permissible and does not require a SEPP 1 objection.

 

9.3       State Environmental Planning Policy No. 65

 

The application was referred to the design review panel as the application falls under the requirements of State Environmental Planning Policy No. 65. The application was first referred as a prelodgement application and then subsequently on two occasions after lodgement. The following are the comments made by the panel:

 

PANEL COMMENTS

 

1.         Relationship to the Context of the Proposal

 

The Panel considers the overall massing of the corner to be a clear improvement on the existing approved design.  The separation, or gap, on Maroubra Road, at upper level is supported.

 

The Panel notes that the approved scheme is already higher than DCP heights for adjoining sites.  Height is an issue within this town centre and the Panel believes that the applicant needs to be mindful of other height limits in the area.  The Panel considers that the 11th storey (Level 10) is therefore not required for massing purposes. 

 

The Panel advises that active retail frontages to all street fronts are required.

 

2.         The Scale of the Proposal

 

The Panel has concerns about the addition of the top most storey on the corner.

 

3.         The Built Form of the Proposal

 

The ground floor arcade configuration needs to incorporate clear lines of sight, daylight, assisted by natural ventilation.  It would benefit the development for all internal spaces to be visually linked to street frontages as much as possible.

 

The two storey arcade scale should be expressed to Maroubra Road, to provide daylight to the Arcade and civic scale / expression of arcade to the streetscape.

 

4.         The Proposed Density

 

No comments

 

5.         Resource and Energy Use and Water Efficiency

 

In response to ensuring maximum environmental benefit to apartments, the Panel would like to see the appropriate control of heat loads affecting apartments.  Therefore sun shading in the late summer needs to be considered, even on the south facing facades on the corner.

 

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

 

6.         The Proposed Landscape

 

A landscape plan is required with the next submission to demonstrate the integration of the arcade roof top with the open space of the adjoining development, show the design of the roof top terraces and streetscape improvements.  Adequate soil depths for podium planters in accordance with Council’s DCP is required.

 

7.         The Amenity of the Proposal for its Users

 

The proposed configuration will improve the amenity of most apartments in and adjoining the corner.

 

8.         The Safety and Security Characteristics of the Proposal

No comments

 

9.         Social issues

 

To ensure an appropriate mix of unit types on site, the Panel believe this is an opportunity to increase the percentage of larger units on the corners, 3 bedrooms as a minimum size.

 

10.       The Aesthetics of the Proposal

 

The Panel supports expression of blades and tall end facing south.  The Panel believes that a 10m gap between buildings is to be a minimum.

 

The Panel strongly  prefers a two storey scale open expression of the arcade entrance on Maroubra Road. This should strongly relate to the gap above, and enhance the connection between the arcade and the public domain.

 

The street tree and paving improvements proposed elsewhere should continue around the corner.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel commends the applicant on a good proposal.  The Panel would like to view this application again with its recommendations incorporated, at DA stage.

 

PANEL COMMENTS SECOND MEETING

 

1.         Relationship to the Context of the Proposal

           

The scale of the overall project in its context has already been established and the proposal to build at the same height to the corner represents an improvement to it.

 

2.2.      The Scale of the Proposal

 

No comments

 

3.3.      The Built Form of the Proposal

 

It is considered that the articulation of the façade to Maroubra Road is not as strong as the pre DA sketches showed.

 

Shading from southwest sun has to be addressed. The built form indicated on the pre DA plans showed sliding screens to the Maroubra Road façade.

 

4.         The Proposed Density

No comments

 

5.5.      Resource and Energy Use and Water Efficiency

 

The panel request that appropriate sun shading be demonstrated.

 

6.6.      The Proposed Landscape

No comments

 

7.         The Amenity of the Proposal for its Users

 

 West facing balconies should have some weather protection and sun shading.

 

8.         The Safety and Security Characteristics of the Proposal

No comments

 

9.         Social issues

 

Access through mall has not addressed panel’s previous comments. The shift in the plaza entry from its prior location between the buildings is less legible from the street than in the prior scheme.

 

10.       The Aesthetics of the Proposal

 

The plans no longer relate to the elevations in the way that was indicated in the Pre DA.  The elevations have not retained connection to the planning diagram and therefore have lost their aesthetic integrity.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel would like to see the application again.

 

COMMENTS THIRD MEETING

 

It was noted that this was a development application and the second Panel meeting with the applicant.

 

 

RECOMMENDATIONS

 

The panel considers that a more environmentally rigorous façade design will reduce the potentially high energy use that will be required for heating and cooling.

 

Heat loads to units on southern façade will be an issue in late afternoons in summer.  The panel is not convinced that the comfort levels within the apartments at this time will be adequate without the reliance on air-conditioning.

 

Operable windows where possible should be considered, and sun shading and weather protection optimized.

 

The Panel wishes to view documentation illustrating and calculations supporting the satisfactory sun-shading of windows in the south and west facades of the amended development.  It is considered that operable windows should be used.

 

Additional information was forwarded to the panel for comment and generally the panel was satisfied provided some minor modifications were incorporated to provide additional sun-shading of the southern elevation and a reduction in the level of glazing to this same elevation. A meeting was held with the applicant and Council officers on the 4 April and additional sketches were submitted which satisfy all issues raised as part of the SEPP 65 assessment of the application.

 

9.5       Maroubra Mall Master Plan

 

The Maroubra Mall Master Plan was the principal document which provided the assessment criteria for the approved Maroubra Mall development. The subject site was not included in the Masterplan and whilst the proposal does not need to be assessed against the Masterplan framework the extension to building G covering 751 Anzac Pde does need to be compatible with the approved envelopes and built form of Maroubra Mall development. As such the proposed new building had to review alongside the principles of the Masterplan.

 

Concept

 

The site redevelopment was to be centred around a public space that has high amenity and provides a wide entrance to the shopping mall.

 

The extension to building G does not affect the significance of the public space and provides a better ‘bookend’ to the overall site.

 

The Master Plan concept envisages a variety of materials to further reduce the potential of the development to appear monolithic

 

Building G maintains this variety of materials where building G will read visually as two separate buildings with subtle differences in materials to differentiate this building from the other adjacent buildings of the Maroubra Mall development.

 

Public Amenity

 

Public amenity is a key principle in the Master Plan. The Master Plan aims to provide a new civic focal point for Maroubra (the town square) and also to improve the amenity of the streets surrounding the site.

 

The inclusion of Building G will not affect the public amenity of this development.

 

Further the re-configuration of the ground floor retail area will improve the function and design of this space ensuring improved shopper amenity.

 

Building Form

 

The built form principles aim to reduce the apparent bulk of the development by breaking down the building mass to appear as an assembly of individual buildings.

 

The extension of building G over 751 Anzac Pde has been design such that whilst the building is one of tallest within the Maroubra Junction Town centre the narrowness and light weight appearance of the building through use of glazing and light weight materials will ensure visual bulk will be kept to a minimum.

 

Façade Treatment and Appearance

 

The Masterplan’s aim of the façade development process was to achieve a clear sense of identity for each of the buildings in the development. This is particularly important for residential developments where owners should be able to readily identify their dwelling.

 

The extension to Building G provides for an individual identity of this building within the context of the overall site. With the proposed changes to the façade to provide some solid relief to the extensive glazed appearance and use of operable timber screening behind the proposed glazing, will provide greater legibility and a distinct identity within the development.

 

Floor Area and Mix

 

The Master Plan provides minimum and maximum gross floor areas for the retail/commercial component of development. The Master Plan also provides a control over the minimum and maximum residential unit mix allowable in development of the site.

 

Apartment Type

Master Plan

Proposed

Studio/Bedsit

10% maximum

None

1 bed

40% maximum

33.0%

2 bed

40% minimum

57.9%

3 bed

5% minimum

9.1%

Affordable Housing

1% minimum

Not altered

 

The proposed amendment to the approved unit mix throughout the Maroubra Mall development is still consistent with the percentages outlined under the Masterplan as shown in the table above.

 

Landscaping and Open Space

 

The Master Plan stipulates a minimum of 3,200m2 of communal landscaped open space in roof terrace areas at podium level. The development provides 4,725m2 of communal open space which is landscaped to provide visual amenity to residences as well as provide shade, visual screening for privacy and improved air quality.

 

The incorporation of 751 Anzac Pde into the amalgamated Maroubra Mall site will not alter the amount of open space provided within the site.

 

Privacy and Amenity

 

The Master Plan provided for building envelopes with separation distances generally greater than the nine metres recommended by AMCORD.

 

Units to the south will not overlook any adjoining properties. West facing units are setback some 12m from adjoining properties such that sightlines will be adequately obscured consistent with SEPP 65 and AMCORD.

 

Safety and Security

 

The Master Plan provides that active frontages should be provided at ground level, secure and private carparking and high levels of lighting in carparks and along pedestrian routes. The Master Plan provisions also indicate that living areas and entries to the residential component are to provide passive surveillance of the public domain.

 

The extension to building G will ensure that active street frontages are provided.

 

Environmental Performance

 

The Master Plan requires that 75% of units received a minimum of 2.5 hours of sunlight to living areas and communal open space between 8.30am and 3.30pm.

 

It is considered that the additional 19 units as a result of this application will not alter the percentage of units which receive the minimum requirements of sunlight. The  majority of additional units are south facing however have been designed with extensive glazing to ensure maximum ambient and referred light will be available. Openings to the west will also improve solar access. The SEPP 65 design Review panel was concerned with adequate sun shading to the southern elevation.  Such internal louvres are provided to allow for independent natural light access control for each residential unit.

 

The Master Plan requires 33% of units to be cross ventilated. The development provides 34% of the units with opportunity for cross ventilation.

 

Many units in buildings H and I have been reconfigured to ensure improved internal amenity and better cross ventilation. It is considered that whilst an absolute percentage of units with cross ventilation cannot be readily provided the already compliant 34% will only increase.

 

Site Facilities, Services and Access Principles

 

Disabled access has been provided for in accordance with the Building Code of Australia and Australian Standards. This meets the requirements of the Master Plan.

 

The number of disabled units and facilities provided are not being altered by this proposal and no additional units are required. It is considered that the reconfiguration of basement parking will improve internal access.

 

Modifications

The proposed modifications to the approved development are considered in relation to the scale of the overall development very minor. The modifications primarily address drafting and design errors and improve the function of units within buildings I and H. The modifications also allow for the necessary reconfiguration of the site to incorporate the additional building G at all levels.

 

The most notable modifications are to unit mix which modifies the applicable Section 94 contributions to be paid. The mix remains consistent with the Masterplan requirements, Maroubra Junction DCP and SEPP 65 the only affect is to the necessary contributions to be paid.

 

8.2   Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes additional dwellings on the site. As a result of this assessment a condition of consent has been proposed requiring the payment of monetary contributions relating to open space, community facilities and administration charges.

 

No contribution in relation to townscape may be levied as there is no additional gross lettable retail/commercial floor area proposed. Likewise no contribution is required with regard to carparking as the development meets the requirement for the retail/commercial areas.

 

A reduction in the total Section 94 contributions payable of $150,000.00 has been previously negotiated due to the extensive stormwater and drainage works to be undertaken at the expense of the applicant. This amount has been deducted from the required total contribution.

 

Based on the amount of contributions already paid and the amended unit mix to the southern section of the site a condition of consent will be imposed requiring an amount of $584, 139.80 to be paid.

 

9.    CONCLUSION

 

It is considered that the proposed development is appropriate on the site given the desired future character of Maroubra Junction and the objectives contained within the DCP for Maroubra Junction and Randwick Local Environmental Plan 1998. The development proposes a building envelope, height, façade treatment and built form consistent with the existing approval for the Maroubra mall re-development which was approved in accordance with the applicable Masterplan. The application has satisfied the concerns raised by the Design Review Panel and achieves a good design solution within the context of SEPP 65.

 

The application is recommended for approval subject to deferred commencement consent.

 

RECOMMENDATION:

 

A.    That Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to Development Application No. 1188/2003 to Demolition of the existing commercial building and extension of Maroubra Mall development to incorporate a new ten storey mixed commercial/residential development to include 16 dwellings, basement car spaces and ground and first floor commercial floor space and associated modifications to the approved development to amend the unit mix, extension to basement 3 car parking and reconfigure retail arcade to increase commercial areas. at 707-751 Anzac Pde Maroubra.

 

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

 

1.         A report detailing the proposed method of excavation and dewatering shall be submitted to Council for approval prior to this consent becoming operational. The report shall be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and must include but not limited to:

 

·    The proposed method of shoring/piling and dewatering

·    The zone of influence of any possible settlement

·    The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council)

·    Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent are satisfied.

·    The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council)

·    The location of all pumping equipment in relation to the property boundaries

·    The proposed method of noise attenuation for all pumping equipment i.e.; so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential dwelling and not to be audible at all between the hours of 10pm and 7am within any residential dwelling

·    A statement from suitably qualified and experienced Geotechnical and Hydrological Engineers, with the concurrence of a Structural Engineer, that there should be no detrimental settlement to adjoining or nearby buildings/infrastructure using the chosen method of excavation/dewatering.

·    Details of the groundwater quality and the suitability for discharge to the Council’s stormwater system. Consideration shall be given to the Protection of the Environment Operations Act 1997 and relevant Australian Standards.

 

2.         A consolidated set of plans shall be submitted to and approved incorporating the Supplementary Information submitted 11 May 2004 detailed ASK100 through to ASK 007 relating to the southern elevation of Building G. The  consolidated plans shall include a full set of floor plans, elevations and details of the timber screening.

3.         Details of the colour, materials and finishes of the external surfaces and the building.

 

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

 

DEVELOPMENT CONSENT CONDITIONS

 

Subject to compliance with the deferred commencement condition, to the satisfaction of the Director Planning and Community Development, development consent be granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1188/2003 for demolition of the existing commercial building and extension of Maroubra Mall development to incorporate a new ten storey mixed commercial/residential development to include 16 dwellings, 32 basement car spaces and ground and first floor commercial floor space and associated modifications to the approved development to amend the unit mix, extension to basement 3 car parking and reconfigure retail arcade to increase commercial areas, subject to the following conditions:

 

1.         The development must be implemented substantially in accordance with the plans numbered

 

Drawing Number

Dated

Council Received

2129/A/ADA/Z1051 A

19/12/03

19/12/03

2129/A/ADA/Z1052 A

19/12/03

19/12/03

2129/A/ADA/Z1053 A

19/12/03

19/12/03

2129/A/ADA/Z1054 A

19/12/03

19/12/03

2129/A/ADA/Z1055 A

19/12/03

19/12/03

2129/A/ADA/Z1056 A

19/12/03

19/12/03

2129/A/ADA/Z1057 A

19/12/03

19/12/03

2129/A/ADA/Z1058 A

19/12/03

19/12/03

2129/A/ADA/Z1059 A

19/12/03

19/12/03

2129/A/ADA/Z1060 B

19/12/03

19/12/03

2129/A/ADA/Z1061 B

19/12/03

19/12/03

2129/A/ADA/Z1062 A

19/12/03

19/12/03

2129/A/ADA/Z1063 A

19/12/03

19/12/03

2129/A/ADA/Z1064 A

19/12/03

19/12/03

2129/A/ADA/Z1065 A

19/12/03

19/12/03

2129/A/ADA/Z1066 A

19/12/03

19/12/03

2129/A/ADA/Z2000 A

19/12/03

19/12/03

2129/A/ADA/Z2001 A

19/12/03

19/12/03

2129/A/ADA/Z2002 A

19/12/03

19/12/03

2129/A/ADA/Z2003 A

19/12/03

19/12/03

2129/A/ADA/Z2004 A

19/12/03

19/12/03

2129/A/ADA/Z2005 A

19/12/03

19/12/03

2129/A/ADA/Z2006 A

19/12/03

19/12/03

2129/A/ADA/Z2007 A

19/12/03

19/12/03

2129/A/ADA/Z2008 A

19/12/03

19/12/03

2129/A/ADA/Z2009 A

19/12/03

19/12/03

DA2-L001

Dec 2003

19/12/03

DA2-L002

Dec 2003

19/12/03

 

Only insofar as they relate to the areas highlighted on the plans by way of a ‘cloud’, the application form and on any supporting information received with the application, except as may be amended by the details approved pursuant to the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

2.         The external colours, materials and finishes of the proposed development shall be in accordance with the details and plans submitted to and approved by the Director of Planning & Community Development pursuant to the deferred commencement condition.

 

3.         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               $ 419,257.04

b)       for the provision or improvement of community facilities   $164,457.76

c)       Administration fee $425.00                                                         $425

 

The contribution must be paid in cash or by bank cheque prior to

 

a)       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.

 

4.         Excavation, shoring and dewatering of the site shall be undertaken in accordance with the details submitted to Council in accordance with deferred commencement condition 1. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

5.         Each residential unit shall be allocated a vehicle parking space to ensure compliance with DCP Parking. These spaces shall be allocated on title and be clearly linked to the associated unit on the plans of strata subdivision. At no time shall these spaces be subdivided and sold separately to units without Development Application consent.

 

6.         Should the height of any temporary structure and/or equipment be greater than 150 feet (45.72m) above existing ground height (AEGH), a new approval must be sought from Sydney Airports in accordance with the Civil Aviation (Buildings Control) Regulations Statutory Rules 1988 No. 161.

 

7.         Sydney Airports Corporation Limited advises that approval to operate construction  equipment (i.e cranes) should be obtained prior to any commitment to construct Information required by SACL prior to approval is:

 

·                 the location of any temporary structure or equipment, i.e construction cranes, planned to be used during construction relative to mapping grid of Australia 1994 (MGA94)

·                 The swing circle of any temporary structure/equipment used during construction.

·                 The maximum height, relative to Australian Height Datum (AHD), of any temporary structure or equipment i.e construction cranes, intended to be used in the erection of the proposed structure/activity.

·                 The period of the proposed operation (i.e construction cranes) and desired operating hours for any temporary structures.

 

An application for approval containing the above information, should be submitted to this corporation at least 35 days prior to commencement of works in accordance with the Airports (Protection of Airspace) Regulations Statutory Rules 1996 No. 293, which now apply to this Airport.

 

9.         The applicant shall comply with the General Terms of Approval attached to this consent which outline the requirements if the Water Licence issued by the Department of Infrastructure Planning and Natural Resources pursuant to the Water Act 1912.

 

Security Deposit Conditions

 

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

 

9.         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)         $5,000.00        -           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.

 

Requests for a refund of any deposits due shall be made in writing to Council’s Director of Asset & Infrastructure Services upon issuing of a final occupation certificate for the development.

 

Traffic/Civil Works Conditions

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

 

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

 

11.       Reconstruct the Anzac Parade and Maroubra Road site frontages of the proposed extension (751 Anzac Parade) in accordance with Council’s Urban Design guidelines for Maroubra Junction.

 

Note:    This may require full width paved/concrete footpath, new pram ramps, installation of planter boxes, street tree planting and street furniture (tree grates, seats etc) as required by Council’s Landscape Architect – 9399 0786.

 

12.       Reconstruct any damaged section of kerb and gutter along the site frontages.  It is noted that this may include road reconstruction works in front of the kerb and gutter where required.

 

13.       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.

 

14.       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.

 

15.       A work zone is to be provided in the vicinity of the development site for the duration of the construction works.  The ‘work zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the work zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

16.       Both the residential and retail carparking areas shall be designed in general accordance with the requirements of AS 2890.1 (off-street parking). The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

17.       All ramps grades shall be in accordance with the requirements of AS 2890.1 (off-street parking). Longitudinal sections along the extremities and the centreline of each internal driveway/access ramp (at a scale of 1:20) shall be submitted to the certifying authority for approval prior to the issuing of a construction certificate.

 

18.       Residents of the proposed development will be excluded from any existing or future residential permit parking scheme.

 

19.       Prior to the issue of an occupation certificate, pavement arrows are to be provided on all aisles within the car parks.

 

20.       Each set of tandem parking spaces shall be allocated to a single residential unit.

 

21.       All lighting in carpark areas must comply with the relevant Australian Standards.

 

22.       The Colonnade area along the Anzac parade site frontage shall be kept clear at all times to ensure that there is a minimum 2.5 metre wide undercover section of footpath available for pedestrian use at all times.

 

23.       The width of the awnings along the Maroubra Road site frontage (and at the Maroubra Road / Anzac Parade intersection) shall be increased to provide 2.5 metres of protected footpath area. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

Splay Corner Conditions

 

24.       The applicant shall provide a minimum 3 metre x 3 metre splay corner at the south/east corner of the development site (intersection of Anzac Parade and Maroubra Road) at ground level. There shall be no structures erected within the splay corner at ground level.

 

Encroachment Conditions

 

25.       No portion of the building (excluding street level awnings) shall project outside of the property boundary. This includes all structural and façade elements. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

Alignment Level Conditions

 

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

 

26.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and has 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:

 

Anzac Parade

 

·                    2.5% above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

Maroubra Road

 

·                    2.5% above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

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

 

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

 

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

 

28.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1280 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

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

 

29.       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.

 

30.       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.

 

31.       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.

 

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

 

33.       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 Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

Drainage Conditions

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

 

34.       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. 

 

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 (i.e. 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.

 

35.       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.

 

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

 

37.       Stormwater pipes shall be located in accessible locations.

 

38.       On-site detention must be provided to ensure that the maximum discharge from the redeveloped portion of the site (i.e. the new addition in Lot 1 of DP 193364) does not exceed that which would runoff the subject Lot 1 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 Council’s 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.

 

Note: The onsite detention requirements for the new addition (Lot 1) may be provided in conjunction with the adjoining approved development (DA 255/2002).

 

39.       The applicant must provide for a detention volume of up to the 1 in 100 year storm event should no formal overland escape route be provided for storms greater than the design storm.

 

40.       Pump out systems will only be considered if the applicant can demonstrate to the Principal Certifying Authority that it is not possible to manage stormwater runoff in any other manner.

 

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

 

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

 

41.       Prior to the issuing of an occupation certificate, a works-as-executed stormwater drainage plan prepared by a Registered Surveyor and a suitably qualified and experienced Hydraulic Engineer, to the satisfaction of the Principal Certifying Authority (PCA), shall be submitted to Council's Director of Asset and Infrastructure Services.

 

The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

·          The location of the detention basin with finished surface levels (if applicable);

·          Finished site contours at 0.2 metre intervals;

·          Volume of storage available in the detention areas (if applicable);

·          The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

·          The orifice size(s) (if applicable); and

·          Details of any pumping systems installed (including wet well volumes).

 

42.       Prior to the issuing of an occupation certificate, the applicant must obtain certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system satisfies the relevant conditions of development consent, to the satisfaction of the Principal Certifying Authority (PCA). A copy of the certification must also be provided to Council’s Director of Asset and Infrastructure Services, prior to occupation of the development.

 

43.       All site stormwater leaving the site must be discharged by gravity to council’s underground drainage system, via new and/or existing kerb inlet pits. It is noted that all kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD6.

 

44.       With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

45.       A reflux valve shall be provided (within the site) over all pipelines discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

46.       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 systems 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.

 

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

 

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

 

49.       The floor level of all habitable and storage areas adjacent to detention areas 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, excepting for those habitable and storage areas adjacent to any detention areas located on the roof, where 150mm freeboard is to be provided or alternatively a permanent 150mm 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.

 

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

 

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

52.       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.       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.

 

 

Groundwater/Seepage conditions

The following conditions have been included to protect the development from groundwater/seepage and minimize the effect of the development on groundwater/ seepage flows

 

54.       As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement carpark (and similar structures) are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

55.       The applicant shall obtain a Water License (for temporary dewatering) from the Department of Infrastructure Planning and Natural Resources prior to the issuing of a construction certificate.

 

56.       A dilapidation survey of the surrounding properties shall be undertaken by a suitably qualified person and submitted to the certifying authority and Council (if Council is not the principal certifying authority) prior to the commencement of work on the site.

 

Waste Management Conditions

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

 

57.       Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and commercial components of the development.

 

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

 

The Waste Management Plans shall be based on the Waste Management and Reuse Environment Control Plan prepared by Abigroup dated 12 June 2003 and the Waste Management Report by Crone Nation Architects dated 13 January 2003 (approved in conjunction with DA 255/2002). These plans (which were prepared for the approved development at 707-745 Anzac Parade) will need to be amended to include management of wastes generated from the subject development site (known as 751 Anzac Parade).

 

Landscape Conditions

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

 

58.       The landscaping shown on drawing no. DA2-L001, drawn by Oculus Pty Ltd dated Dec 2003, shall be subject to detailed 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, features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site and at site boundaries, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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. 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, screen details, surface finishes, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

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

 

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

 

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

 

59.       The detailed landscape drawings and specifications shall show the use of Eucalyptus leucoxylon (Yellow Gum) along the Anzac Parade street frontage, and Eucalyptus haemastoma (Scribbly Gum) along the Maroubra Road frontage (in accordance with condition (AIS condition 52) of this development approval). This condition has been included as Council’s Landscape Technician does not support the proposed use of Ulmus parvifolia (Chinese Weeping Elm) along either street frontage due to its size at maturity, excessive leaf fall and general inappropriateness for such a location.

 

All proposed street trees are to be shown on the plans at their true size at maturity, and tree planting details are also to be provided.

 

The applicant is advised to consult Council’s Street Tree Masterplan in regards to acceptable distances between trees as well as setbacks from intersections. These amendments are to be provided on the plans submitted for the construction certificate application.

 

The applicant is further advised that an existing bus stop owned by JC Decaux is located along the Maroubra Road frontage, and as such, the applicant will be required to liaise with the shelter owner regarding their requirements for placement of street trees and street furniture in this area.

 

60.       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.

 

61.       The applicant shall submit a landscape design for the Anzac Parade and Maroubra Road street frontages of the development in accordance with Council’s Urban Design Guidelines for Maroubra Commercial Centre. The landscape design shall include pavements, seats, bins and bus shelter retention/relocation as well as tree squares and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

The Landscape Design plans shall be submitted to and approved by Council’s Director A & I Services in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to the certifying authority issuing a construction certificate for the development.

 

The applicant shall note that the approved landscape works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property. An application for the cost of the landscape works on Council property is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design checking and supervision fee based on the lowest quotation from Council’s nominated contractor will be required to be paid prior to the commencement of any works.

 

A refundable deposit in the form of cash or cheque of $2,000.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the construction of the approved landscape works along the Anzac Parade and Maroubra Road site frontages.

 

62.       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.

 

63.       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

 

64.       The applicant shall submit a total payment of $2,136.00 + GST to Council,

 

a.          Being the cost for Council to supply and install 5 x 100 litre street trees (Eucalyptus haemastoma, Scribbly Gum) along the Maroubra Road frontage ($1,780.00 + GST), and 1 x 100 litre street tree (Eucalyptus luecoxylon, Yellow Gum) on the Anzac Parade frontage at the completion of all works ($356.00 + GST), 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.

 

65.       A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $5,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

Advisory Matters

 

66.       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.

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

 

67.       Upon completion of demolition works and prior to a construction certificate being issued, a detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past filling activities that may have occurred on site. Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land. The detailed site contamination report must be provided to Council, in accordance with Council’s Contaminated Land Policy.

 

Should the Detailed Site Investigation Report not find any site contamination to both land and groundwater, the conclusion to the report must clearly state that `the land is suitable for its intended land use without restrictions, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.

 

Should the Detailed Site Investigation Report identify contaminated land then a Remedial Action Plan (RAP) is required.

 

68.       A formal remediation action plan (RAP) is to be prepared by an independent and suitably experienced, Environmental Consultant. This report is to be prepared in accordance with the EPA guidelines and is to be submitted to and approved by the Site Auditor and Council prior to commencing remediation works.

 

69.       This RAP is to include procedures for the following:

 

·          Excavation of Hydrocarbon-contaminated soil

·                     On-site treatment by land farming

·                     Validation sampling and analysis

·                     Ground water monitoring

·          Contingency groundwater remediation and validation

 

70.       A Validation Report shall be submitted to Council upon completion of the remedial works. The Validation report shall be prepared with reference to the NSW Environment Protection Authority guidelines, Consultants Reporting on Contaminated Sites, and shall include:

 

·          Description and documentation of all works performed.

·          Results of validation testing and monitoring.

·          Validation results of any imported fill onto the site.

·          Demonstrate how all agreed clean-up criteria and relevant regulations have been satisfied.

·          Clear justification as to the suitability of the site for the proposed use and the potential for off-site migration of any residual contaminants.

 

71.       The applicant is to engage an Environment Protection authority (EPA) Accredited Site Auditor. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to and accepted by Council, prior to a construction certificate being issued, stating that the site is suitable for the intended development and use.

 

The Site Audit Statement must be unconditional, in that, it must not include any conditions requiring or recommending any works or monitoring after the commencement of building works.

 

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

 

73.       All remediation work shall be conducted within the following hours:

                        Monday – Friday          7am – 5pm

                        Saturday                       8am – 5pm

                        No work permitted on Sundays or Public Holidays

 

74.       Council must be notified of any new information that comes to light during excavation, which has the potential to alter previous conclusions about site contamination.

 

75.       The disposal of contaminated soil should have regard to the provisions of the Protection of the Environment Operations Act 1997 and Regulations and any relevant EPA guidelines such as the EPA Environmental Guidelines’ Assessment, Classification and Management of Liquid & Non-Liquids Wastes’ (1999).

 

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

 

·                      Occupational health and Safety Act 2000 (NSW)

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

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

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

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

 

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

 

78.       Prior to the commencement of any demolition, remediation or building works, adequate sediment and stormwater control measures shall be in place and maintained on site at all times. Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

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

 

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:

 

80.       The proposed use of the premises and the operation of all plant and equipment shall not give rise to ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of plant and equipment 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).

 

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

 

82.       A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council within three (3) months of 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, NSW EPA guidelines, including the Industrial Noise Policy and the Environmental Noise Control Manual (sleep disturbance).

 

The report is also to certify that the internal acoustic amenity of the residential development complies with the provisions of the NSW Environmental Guidelines, Environmental Criteria for Road Traffic Noise and the acoustic report, prepared by Acoustic Logic Consultancy, dated 22 December 2003.

 

83.       Deliveries are restricted and shall not occur between the following hours;

 

                        10.00pm – 6.00am Monday to Saturday (inclusive)

                        10.00pm – 8.00am Sundays and Public Holidays

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

 

84.       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.

 

85.       Liquid trade waste materials are to be disposed of in accordance with the requirements of Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to the commencement of works.

 

86.       Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer. Approval is to be obtained from Sydney Water

 

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

 

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

 

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

 

89.       Details of the proposed Mechanical Ventilation Systems (including discharge locations) are to be submitted to the Council’s Manager of Environmental Health and Building Services, prior to issuing of the Construction Certificate, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979. An Odour Report, prepared by a suitably qualified, independent consultant, is also required to be to be submitted to Council, which demonstrates that the amenity of the occupiers at the site and nearby residents will not be detrimentally affected by the proposed system.

 

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

 

90.       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.

 

91.       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.

 

92.       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.

 

93.       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.

 

94.       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.

 

95.       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.

 

96.       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:

 

97.       A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures located upon:

§  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.

 

98.       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.

 

99.       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.

 

100.     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.

 

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

 

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

 

102.     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.

 

103.     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.

 

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

 

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

 

Documentary evidence of the building inspections carried out and details of compliance with Council’s approval is to be maintained by the Principal Certifying Authority.  Details of critical phase inspections carried out and copies of certification relied upon shall be forwarded to Council with the occupation certificate.

 

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

 

105.     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.

 

106.     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.

 

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

 

108.     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 and verifying that the building is being constructed at the approved levels.

 

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

 

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

 

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

 

110.     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.

 

111.     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.

 

112.     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.

 

113.     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.

 

114.     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.

 

115.     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.

 

116.     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.

 

117.     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.

 

118.     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”.

 

119.     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.

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·        Revegetation of disturbed areas.

 

121.     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.

 

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

 

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

 

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

 

·      the slope of the land

·      site access points and access control measures

·      location and type of all sediment and erosion control measures

·      location of existing vegetation, to be retained

·      material stockpile or storage areas and methods of sediment control

·      location of existing and proposed drainage systems

·      proposed disposal of site water

·      location of building operations and equipment

·      proposed re-vegetation details

 

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

 

123.     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

 

124.     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.

 

125.     A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·          any works or hoisting of materials over a public footway or adjoining premises, or

·          any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

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

 

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

 

127.     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 prior to commencement of works.

 

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

 

128.     Access, facilities and car parking for people with disabilities must be provided in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 and Council’s development control plan for multi-unit housing.  Details of the proposed access, facilities and car parking for people with disabilities are to be submitted to and approved by Council’s Director of Planning & Community Development in accordance with Section 80 A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

The following conditions have been applied to ensure compliance with Local Government Legislation and Policies of Council:

 

131.     Legionella control – cooling towers, evaporative cooling systems, humidifying systems, warm water systems, water cooling systems must be registered with the Council on an annual basis and the systems are to be maintained and certified in accordance with the provisions of the Public Health Act, 1991.

 

The premises is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.

 

132.     All proposed ductwork for mechanical ventilation systems/exhaust systems are to be concealed within the building in appropriate service shafts.

 

The following conditions are applied to ensure compliance with the Food Act 1989 and Council’s Food Premises Code:

 

133.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

134.     All food premises are to be subject to Council’s Food Premises Code and details of compliance are to be shown on future Construction Certificate or Complying Development Certificate Applications (as applicable).  All food premises are to be registered with the Council, prior to Occupation and on an annual basis.

 

The following conditions have been applied to ensure compliance with Local Government Legislation and Policies of Council:

 

135.     Legionella control – cooling towers, humidifying systems, warm water systems, water cooling systems must be registered with the Council on an annual basis and the systems are to be maintained and certified in accordance with the provisions of the Public Health Act, 1991.

 

The premises are to be registered with Council together with payment of the approved fee, prior to occupancy of the building.

 

ADVISORY MATTERS:

 

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

 

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

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

 

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

 

a)       Part B1                      -       Structural provisions

b)       Part C1                      -       Fire resistance and stability

c)       Part C3                      -       Protection of openings

            d)       Clause D1.3               -       When fire-isolated exits are required

e)       Part D3                      -       Access for people with disabilities

f)        Clause D3.5               -       Car parking for people with disabilities

g)       Part E1                       -       Fire fighting equipment

h)       Part E2                       -       Smoke Hazard Management

i)        Part E3                       -       Lift Installations

j)        Part E4                       -       Emergency lighting, exit signs & warning systems

k)       Part F1                       -       Damp and weatherproofing

m)      Part F5                       -       Sound Transmission and Insulation

           

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

 

A2 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: General Terms of Approval DIPNR Water Licence

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 

 





 

Director Planning & Community Development's Report 23/2004

 

 

SUBJECT:

454 Maroubra Road, Maroubra

 

 

DATE:

18 May, 2004

FILE NO:

D/1199/2003

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

Attached is the Development Application Report for the development application number 1199 of 2003 for the demolition of the existing building and the construction of a new three storey residential flat building with basement parking.

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

1. Development Application Report dated 12 May, 2004

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

12 May, 2004

FILE NO:

D/1199/2003

 

PROPOSAL:

 Demolition of existing building and construction of new three storey residential flat building with basement parking

PROPERTY:

 454 Maroubra Road, Maroubra

WARD:

 Central Ward

APPLICANT:

 Mr T. Woodward

 

 

 

 

 

 

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, Dominic Sullivan. The estimated cost of the development is $1.2 million.

 

The application proposes the construction of a three storey multi-unit housing building containing 3x3 bedroom units. Existing on the site is a two storey dwelling house. The main issues for consideration are the non-compliance of the proposal with the Floor Space Ratio (FSR) standard pursuant to clause 32 of the RLEP 1998 and the impact of the proposal on view opportunities from surrounding sites.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to demolish the existing building, excavate and construct a new three storey residential flat building with basement parking. The building will comprise one three bedroom unit per floor with lift access between all levels including the basement parking levels. The units are open plan with living areas located to the south (front) of the site and bedrooms/bathrooms located to the rear of the site. Each unit has a large terrace to the front of the site with access from the living areas. The ground level landscaped area to the rear of the site has been indicated as communal open space. Five car spaces are provided in the basement as well as waste storage area. Access to the carparking is from Maroubra Road.

 

Landscaping to the front and rear of the property, including deep soil planting is also proposed as part of the application.

 

Strata subdivision is also proposed as part of the development.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site consists of a single regular allotment, on the northern side of Maroubra Road, one lot to the east of the intersection with Bona Vista Avenue in Maroubra. The northern and southern (rear and front) boundaries of the site measure 15.24 metres and the eastern and western (side boundaries) measure 22.38 metres. The site has a total area of 341m2 and falls approximately 4 metres from the rear boundary to the street.

 

Existing on the site is a two storey dwelling built above a single garage at street level. The building is constructed of face brickwork with pitched tiled roof.

 

Development in the locality is characterised by two to three storey residential flat buildings. Adjoining the site to the east is 456 Maroubra Road, a two storey residential flat building built above garaging to the street. To the western side is 452 Maroubra Road, a two storey residential flat building. Across Maroubra Road to the south are 2-3 storey residential flat buildings, some of a larger scale than those on the northern side of Maroubra Road (adjacent to the subject site). To the rear (north) of the site are the side boundaries of properties which front Bona Vista Avenue. Directly adjacent to the north is 23 Bona Vista Avenue, a 2-3 storey residential flat building. Further to the north is 21 Bona Vista Avenue a 2 storey dwelling which has large balconies to both levels at the rear. The balconies project beyond the rear wall of 23 Bona Vista Avenue and look over the rear yard of this property to the subject site. To the west of the site is a two storey dwelling. A few larger residential buildings of up to four storeys in height existing further to the west of the subject site along Marine Parade.

 

There are no heritage items in the vicinity of the site and it is not located in a Heritage Conservation Area. The site is located in a foreshore scenic protection area.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

Council’s records indicate that approval was granted to DA 111/01 on 24 July 2001 to make extensive alterations and additions to enlarge the existing dwelling house on the site.

 

A prelodgement meeting regarding the site was held on 22 August 2003. The proposal discussed at this meeting was not the same as the current application and was put forward by parties other than the current applicant/owners.

 

Council requested amended plans from the applicant on 19 February 2004 to address engineering issues with regard to the layout of the basement and errors in the view loss diagrams presented with the application. This information was provided on 15 March 2004. As a result of site visits with adjoining neighbours, Council advised the applicant that they should consider further amendments to minimise any outlook loss from surrounding properties. The applicant advised that due to the orientation of the sites that Council’s suggested amendments (to move the eastern wall of the building over an additional metre) would not allow for significant retention of views from the lower level of 21 Bona Vista Avenue.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the DCP for Public Notification of Development Proposals. The following submissions were received:

 

5.1  Objections

 

The proposal was notified to surrounding property owners on 21 January 2004. In response, the following submissions have been received:

 

1.         Mrs. M Freer, (owner 23 Bona Vista Avenue, Maroubra)

 

§  Visual bulk and scale of proposal, close to rear boundary of site (southern boundary of objector’s property

 

Comment: The development is setback 4-4.6 metres from the rear boundary of the subject site and will be set lower than the existing building so that the building bulk apparent from the neighbours property as compared with existing development on the site will not increase substantially.

 

§  Overlooking

 

Comment: The applicant has provided amended plans which indicate fixed privacy screening to bedroom windows and obscure glazing to bathroom windows on the northern elevation of the development to prevent overlooking of 23 Bona Vista Avenue.

 

§  Building should be pushed towards the southern boundary of the site to create a greater rear setback.

 

Comment: The proposal is setback from the rear boundary a sufficient distance to allow for landscaping and to minimise visual privacy and bulk and scale impacts. The proposal will be aligned with the adjoining building to the east of the site and will be set further back than the existing building to the west of the site. The rear setback is considered to be satisfactory.

 

§  Reduction in property value

 

Comment: No evidence has been submitted that would substantiate such a claim. Notwithstanding the proposal is consistent with the planning objectives of the locality and on merits, is a suitable development of the site, with minimal impacts in terms of view loss.

 

§  DA has been submitted not by the owner, but a prospective purchaser, sale of the property depends on approval of application.

 

Comment: This is not a consideration for Council, any approval is granted to the property and by extension the current owner of the property. Any approval is based on a fair and accurate assessment of the development and its impacts

 

§  Loss of views to Maroubra Beach

 

Comment: The existing building on the site at 23 Bona Vista Avenue is oriented east west. The southern elevation of this building provides the greatest view aspect over the subject site. There are minimal windows and no living room windows in the southern elevation. The main view aspect for the building at 23 Bona Vista Avenue is to the east, some oblique outlook to Maroubra Beach is available from these windows to the south east but the predominant view corridor is due east. Due to the orientation of this building the proposal will not result in substantial loss of view to Maroubra Beach.

 

In particular, the southern side setback of the proposal will not affect views from within rear yard of this site due to the relative ground levels of the property and the dense vegetation on the southern boundary.

 

 

 

 

 

 

 

 

 

 

 

 

Above: The southern elevation of 23 Bona Vista Avenue can be seen here between the subject site (right) and 452 Maroubra Road (left). There are minimal windows in this elevation, which has minimised the potential for view loss.

 

The site at 23 Bona Vista Avenue was inspected with the objectors. The objectors raised a further issue that the 3m high tree on the rear boundary of the subject site has been causing damage to pipes within their property. This tree is marked for removal in the approved landscape plan. A condition reinforcing this detail of the landscape plan has been included in the recommendation section of this report (see Condition 8).

 

2.         D & G Papastamos, 21 Bona Vista Avenue, Maroubra

 

§  Scale of development proposed on such a small block of land is alarming and will set a dangerous precedent

 

Comment: The proposal is located in a 2(c) zone and the character of the surrounding area is of 3-4 storey residential flat buildings that predate the current controls. The proposal complies with wall height, overall height and landscaping standards for development in the 2(c) zone. The non- compliance with the FSR standard of the LEP has been discussed in detail in Section 9.2 of this report. The development is not considered excessive in bulk and scale and therefore will not set a precedent for development which is incompatible with the objectives of the 2(c) zone.

 

§  Loss of beach view and privacy

§  Proposal does not allow for view sharing and will block narrow view corridor from 21 Bona Vista Avenue.

 

Comment: The issue of view loss from 21 Bona Vista Avenue has been discussed in detail under Section 9.5 of this report.

 

§  View loss diagrams are inaccurate

 

Comment: The original view loss diagrams submitted were checked and found to be inaccurate. The applicant subsequently amended the diagrams and resubmitted new diagrams to Council. These diagrams have been checked and provide an accurate representation of the view loss from 21 Bona Vista Avenue as a result of the proposal.

 

§  Fixed permanent screens should be used to minimise overlooking rather than planting as suggested by the applicant.

 

Comment: Amended plans lodged on 15 March, 2004 indicate the use of fixed privacy screens on the northern elevation of the development. These plans are the subject of this assessment.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Director, Asset and Infrastructure

 

The following comments have been received from the Director, Assets & Infrastructure:

 

An amended application has been received for the demolition of the existing building, and the construction of a residential flat building containing 3 units, with associated strata subdivision at the above site.

 

Landscape Comments

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

 

Drainage Comments

The AIS Department does not object to the proposed on-site detention of stormwater, however it is noted that such detention is not required for the above site (provided the stormwater discharge from the site does not exceed 25 litres per/second for the 1 in 20 year storm).

 

An advisory condition has been added to this report stating that should the applicant proceed with the proposed on-site site stormwater detention system, then all works shall be to the satisfaction of the Director – Asset & Infrastructure Services.

 

Groundwater Comments

The submitted plans show a basement carpark level up to 5m below the natural ground surface of the site. Geotechnical information for the area suggests that bedrock will be found within several metres of the surface, and that seepage may occur along the top of this bedrock layer. Therefore, the applicant shall be required to suitably tank and waterproof the basement excavation. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Traffic Comments

The average traffic generation for the proposed residential development consisting of 3 residential units will be in the range of 12 to 15 vehicle movements per day.

 

The expected peak flow volume of approximately 1.5 vehicles per hour is considered low and no delays should be experienced in Maroubra Road as a result of this development.

 

Vehicular Access

All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines.

 

The driveway opening at the Maroubra Road frontage must be 3.50 metres wide and located at least 1.5 metres clear of the side property, with the internal driveway also being a minimum 3.50 wide (clear width).

 

Carpark Layout

It is noted that the amended plans show a limited vertical clearance for approximately 1.5 metres into Carspace 6, due to the implementation of a splayed corner at the vehicular entry at ground level, (as per the requirements of the original AIS Department memo). The submitted report states that a clearance of between 1.3 and 1.4 metres will be achieved, allowing the bonnet of a car to fit beneath the splayed area. AS2890.1-1993 does not give specific values for acceptable vertical clearance, however the AIS Department recommends the DPCD request the applicant engage a Traffic Engineer to confirm in writing that the proposed clearance for the carspace is adequate. It is noted that the DPCD should also consider conditioning with regard to appropriate signposting indicating the limited clearance and the need for vehicles to enter the space in a forward direction only.

 

The amended plans show Carspace 4 with a width of only 2.4 metres. In accordance with AS 2890.1 – 1993, if the side boundary of a space is a wall, 300mm should be added to the width of the space; therefore Carspace 4 should be a minimum of 2.7 metres wide. It is noted that the adjacent spaces 2 and 3 are both 2.7 metres wide (and are only required to be 2.4 metres wide), hence consideration should be given by the applicant to reducing the width of these spaces, to provide the necessary width to Carspace 4, without the need to alter the basement level area. Relevant conditions have been included in this report detailing the car parking requirements, however the DPCD may instead require the applicant to submit amended plans before development consent, if this is so, the AIS report should be altered accordingly.

 

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

 

Should the application be approved the following conditions shall apply:

 

Conditions suggested by Assets & Infrastructure have been included in the proposed conditions of consent (see Conditions 61-106).

 

6.2       Manager, Environmental Health and Building

 

The following comments have been received from Council’s Manager, Environmental Health and Building:

 

The Proposal

 

The proposal provides for the demolition of the existing duplex and the erection of a 3 storey residential multi unit housing building, with basement level car park.

 

BCA Building Classification

 

§ Class 2    -   Residential units

§ Class 7a  -   Car park

 

Background

 

The existing building on site is a post war brick duplex bounded by buildings of a similar nature. A search of Council’s records could not disclose any previous use of a potentially contaminating nature.

 

Key Issues

 

Site Management:

No information in relation to construction site management has been provided with the application to address issues such as, the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety, perimeter safety fencing and construction management.

 

Standard conditions have been included in the consent to address a range of construction site management issues.

 

Building Code of Australia (BCA):

Full details of compliance with BCA and fire safety provisions are not included in the DA documentation and therefore further detailed information would need to be incorporated in the documentation for a construction certificate.

 

Conclusion:

No objections are raised in relation to the proposed development, subject to the following conditions being included in any development consent.

 

RECOMMENDATION:

 

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

 

Conditions suggested by Council’s Manager Environmental Health and Building have been included in the recommendation section of this report (see Conditions 24-60).

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-    Randwick Local Environmental Plan 1998

-    Multi Unit Housing Development Control Plan

-    Development Control Plan – Parking

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31 (2)– Landscape Area

50% of site area

(170.5m2)

53%

(181.5m2)

Yes

31 (3)- Landscaped Area over basements (maximum)

Not to exceed 50% of landscaped area requirement

(25% of site area)

(85.25m2)

18%

(31.25m2)

Yes

32 (2) – FSR

0.65:1

(221.65m2)

1.1:1

(376.08m2)

No1

33 (1)– Building Height

12m

6.8-9.4m

Yes

33 (3)- External Wall Height

10m

6.8-9.0m

Yes

Other Clauses

Effect

Applies

Comment

21

Subdivision

Yes

Strata plans submitted to Council for assessment.

29

Foreshore Scenic Protection Area

Yes

Probable aesthetic appearance has been discussed below

46

Vicinity of Heritage Item

Nearby to Maroubra Beach Hotel

Maroubra Beach Hotel too distant and obscured from the subject site to be affected

1 Indicates SEPP 1 objection lodged to support non-compliance

 

The applicant has lodged a SEPP 1 objection in relation to the non-compliance of the proposal with the FSR standard (see discussion under section 9.2).

 

Clause 21 – Subdivision

 

The draft strata plans provided reflect the plans for approval and as there are no minimum lot requirements for subdivision of multi unit housing in the 2(c) zone, the LEP requirements have been satisfied.

 

Amendments to the allocation of open space to the rear of the site to ensure this area can be accessed and maintained has been included as conditions of consent (refer to Condition 2).

 

Clause 29 - Foreshore Scenic Protection Area

 

The site is located in the Foreshore Scenic Protection Area. Clause 29 of the RLEP 98 requires Council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore. The proposal is of a scale and form that approximates that of surrounding sites, the development does not require substantial excavation and will not result in significant changes to the topography of this foreshore location. The materials used have been limited to rendered masonry, glazing and lightweight steel balustrading and tile roofing. These materials are consistent with the existing residential flat buildings in the area.

 

The proposal will not detract from the foreshore location. The proposal will improve the current aesthetics of the site and provide a higher quality finish while maintaining the predominant built form in the area. The development is satisfactory with regard to Clause 29 of RLEP 98.

 

(b)   State Environmental Planning Policy No. 1 – Development Standards

 

The SEPP 1 objection lodged in relation to the 0.65:1 Floor Space Ratio standard in RLEP98 has been considered in detail in section 9.2 of this report.

 

8.1  Policy Controls

 

The following Council policy controls apply to the proposed development:

 

(a)  Multi Unit Housing Development Control Plan (2000)

 

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements or preferred solutions)

 

 

BUILDING SETBACKS

 

Front  boundary setbacks

P1 The front setback consistent  with streetscape/adjoining dwelling.

Side boundary setbacks

P2 Ensure that:

·      solar access is maintained and overshadowing minimised.

·      privacy between neighbouring dwellings and their own spaces provided.

·      Landscaping and private open space provided.

·      Streetscape amenity is maintained.

 

 

 

 

 

 

 

 

Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres. 

Maximum length of wall section is 10 metres.

Minimum length of any step is 3 metres.

 

 

Complies. Setback of building is 5.5m and balconies 2.4m to match adjoining premises

 

 

 

Does not Comply.

East Side – 1.0 metre

West Side – 2.6 metres

Refer to discussion in Section  9.3 below.

 

 
Rear Boundary Setback

P3 Ensure that:

·      solar access and overshadowing minimised.

·      Privacy between neighbouring dwellings and their open spaces provided.

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

·      Building built across site.

 

 

Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

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

 

 

4-4.6m. Does not Comply. Refer to discussion below in Section 9.3.

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Complies.

 

FENCES

 

P1

·      Front fences consistent  with  streetscape.

·      Entrances highlighted.

·      Planting used to soften and provide privacy.

 

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

 

 

 

1.5m. Does not comply, however is consistent with the streetscape, refer to discussion under Section 9.8.

 

LANDSCAPING AND PRIVATE OPEN SPACE

 

Landscaped Areas

P1      Sufficient size allows recreational activities and substantial vegetation.

 

 

S1  Minimum for landscaped area 2 metres.

 

 

Complies. Adequate landscaped area provided

 

 

P2 Landscaped areas around flat buildings be undivided communal open space.

 

 

Does not comply. Landscaped area shown as communal, but due to access constraints should be provided to ground level unit to provide greater amenity and provide sense of ownership for maintenance etc (see Condition 2).

 

 

Private Open Space

General

P3   

·      Provides privacy.

·      is accessible from main living areas.

 

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

 

 

Complies. Balconies provided off living areas with excellent access to views. Elevated from street to provide privacy.

 

 

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

 

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

 

Complies

 

PRIVACY

 

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

 

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

 

Complies.

 

P2 Private open space design and location ensure privacy.

 

Complies.

 

VIEW SHARING

 

 

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

 

 

 

Complies. Refer to discussion under section 9.5.

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

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

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

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

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

 

 

 

 

Complies

 

 

 

Complies

 

 

 

Complies

 

 

Complies

 

 

Building Layout, Design and Construction

 

P4 Protect from prevailing strong winds and adverse weather.

·      Living areas are orientated to the north.

·      Larger windows are located on the north.

 

 

 

 

 

S94 75% of dwellings achieve 3.5 star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars.

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

 

 

 

 

Complies.

 

 

P5   Roof design and orientation suitable for solar collectors.

 

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

 

Complies

 

 

P6 Heat loss is minimised in plumbing and services.

 

Conditioned to comply (see Condition 20)

 

SAFETY AND SECURITY

 

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

P3 High walls and structures avoided.

P4 Resident car parking has security grilles or doors.

P5 Visitor parking spaces clearly identifiable.

P6 Adequate lighting for personal safety and security provided.

P7 External lighting not intrusive.

 

 

Complies

 

PARKING

 

 

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

 

P3 Secure storage for bicycles are provided.

 

 

 

Complies, basement parking provided.

 

 

 

Conditioned to comply

 

 

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

 

3 or more bedroom   

1.5 spaces per dwelling
dwelling
                              

 

 

 

 

 

 

 

 

 

 

Complies. 6 spaces provided

 

 

Visitor parking is 1 space  per 4 dwellings.

 

 

N/A

 

DRIVEWAYS AND MANOUVERING AREAS

 

P1 Driveways and manoeuvring areas minimised.

 

 

Complies

 

 

P2 Vehicles enter/ leave in a forward direction.

 

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

 

Complies

 

 

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

 

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

 

Complies

 

 

P5 Materials and finishes consistent.

 

S5  Large expanses of uncoloured concrete avoided.

 

Complies

 

 

P6  Driveway gradients safe.

 

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

 

Complies 1:6

 

STORAGE

 

P1 Accessible and separate storage for each dwelling.

 

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

 

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

 

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

 

Complies

 

 

 

 

 

Complies

 

WASTE MINIMISATION AND MANAGEMENT

 

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

 

 

Complies

 

Discussion of compliance with the requirements of the Multi Unit Housing Development Control Plan is included in section 9 of this report.

 

(b)  Development Control Plan Parking (DCP Parking), 1998

 

Parking rates and layout requirements for multi-unit housing have generally been incorporated in the Multi Unit Housing DCP. For a development of this size 4.5 spaces are required. The development has provided 6 spaces and complies with this requirement. Amendments required by Council’s Traffic and Parking Engineer have resulted in one of the originally proposed spaces having a reduced vertical clearance. This area is to be appropriately signposted to warn drivers of the low clearance (refer to Condition 8). Council’s engineer has commented on the proposal (as amended) and is satisfied that it meets the requirements of Council’s DCP Parking, subject to conditions of consent (see Conditions 62-72).

 

8.2  Council Policies

 

(c)    Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes two additional three bedroom dwellings on the site. The outcome of this assessment is that a contribution of $8,305.00 is payable (including administration charges). Payment of the contribution has been included in Condition 10 of the recommendation.

 

(d)  Rainwater Tanks Policy, 2003

 

A condition requiring the installation of a rainwater tank in accordance with Council’s Rainwater Tanks Policy has been included in the recommendation section of this report (Condition 23).

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1 Height

 

The development has an overall height of 6.8-9.4 metres and complies with the statutory standard of 12 metres. The maximum wall height of the development ranges from 6.8-9.0 metres and complies with the statutory standard of 10 metres.

 

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

 

The proposed development represents an increase  of 100mm in the ridge height of development on the site. The proposal is consistent with the bulk and scale of surrounding properties and will not have an adverse impact on the existing streetscape.

 

The increased height of development on the site will not result in significant overshadowing, nor privacy or view impacts, as discussed throughout this report. The overall and wall height of the proposal achieve numeric compliance and the stated objectives of the height standards. The development is satisfactory with regard to height.

 

9.2       Density

 

The proposed development has a floor space ratio (FSR) of 1.1:1 (376.08m2), which exceeds that permissible under clause 32(2) of the RLEP 98 for a development on the site, being 0.65:1 (221.65m2). The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 32 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

Clause 32(2) of Randwick LEP 1998 imposes a maximum FSR of 0.65:1 at the site (as it is within Zone 2C and the site is less than 700m2 in area). The control allows a gross floor area (GFA) of 221.65m2 at the site.

 

The proposal provides a total GFA of 376.08m2 at the site, representing an FSR of 1:1. This exceeds the maximum permissible at the site by approximately 123.25m2.

 

In considering the impact of this non-compliance, it should be noted that approximately 114.9m2 of the proposed GFA is located below the level of the ground and therefore does not create any additional impacts in terms of height, bulk, overshadowing and general overbearing impacts. If this area were discounted from GFA calculations, the proposal would have a GFA of only 230m2 and an FSR of 0.67, which presents a departure of only 8.35m2 from the standard.

 

Notwithstanding this non-compliance with the maximum 0.65:1 FSR control, the building, in terms of its height, bulk and scale is consistent with that of a number of recent developments in the locality.

 

Importantly, the proposal is contained within a building envelope which does not greatly differ from the existing building on the site and the building which was approved by Council in 2001. The proposed building is only 10cm higher that the existing structure and matches exactly the ridge height of the recently approved structure.

 

The proposed building represents an appropriate visual transition between the multi-unit housings on either side of the site. This is clearly demonstrated in the streetscape elevation submitted with the application.

 

In addition, it is noted that the proposed development is wholly compliant with the wall and ridge height controls applying to the site.

 

Having regard to the above, compliance with the development standard is considered both unreasonable and unnecessary in the circumstances of the case.

 

The objective of the floor space ratio (FSR) standard is to establish a reasonable upper limit for development in residential zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment. An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc.

 

Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties, despite the non-compliance of the proposal with the density standard of 0.65:1. Compliance with the standard would not result in a significant reduction in impacts to surrounding properties in this case. The proposal complies with the overall height and landscaping requirements and has a similar footprint and built form to existing residential flat buildings in the area, which are generally three or more storeys in height.

 

The proposal exceeds Council’s statutory standard by 154.43m2. Approximately 60m2 of this area can be attributed to portions of the building to the rear of the site that are below existing ground level. The applicant’s calculation of the area below existing ground level includes all areas of the ground floor, however only the rear section of this floor is below existing ground level. As the applicant’s SEPP 1 objection has indicated, this has minimised the impact of the non-compliance with regard to bulk and scale, overshadowing and height. The dwellings proposed all provide good amenity and the building has a scale that is compatible with surrounding residential development and will not set an unreasonable precedent for future development in this part of Maroubra.

 

The proposed density of three dwellings can be accommodated on the site and will provide good amenity to future residents without impacting significantly on the amenity of adjoining residents. The proposal achieves a high degree of compliance with Council’s statutory and non-statutory controls and non-compliance with Council’s FSR development standard is not considered to be reflective of an overdevelopment of the site.

 

The closure of the eastern side setback area which currently allows for a vista towards Maroubra Beach from the ground floor level of 21 Bona Vista Avenue is not considered to be the direct result of excessive floor area. The view corridor is currently limited by existing vegetation. A development consent exists for a house on this site that had a similar envelope to the current proposal. The approved house also came closer to the eastern boundary than existing development on the site and obscured this view corridor.

 

It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying and stated purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity and parking. It is considered that SEPP 1 objection is well founded and should be supported.

 

9.3       Building Setbacks

 

The development provides setbacks to all boundaries. The building is setback 5.5 metres from the Maroubra Road frontage with balconies to the upper floor levels encroaching to within 2.4 metres of the street alignment. The setback of the external walls of the building matches that of the adjoining residential flat building to the east of the site at 456 Maroubra Road (5.5m). The setback of the balconies matches that of the adjoining building to the west of the site (2.5m) and existing development on the subject site. These setbacks will maintain consistency with the established building line in this part of Maroubra Road and are satisfactory with regard to the streetscape objectives of the DCP.

 

The development is setback 2.6 metres from western side boundary a reduction of 1 metre from the existing situation. The proposal has a nil setback to the eastern side at ground floor level and a setback of 1 metre at upper levels. Council’s preferred solution is an average setback of 5m and a minimum setback of 3.5 metres. The proposal does not meet the side setback criteria to the western nor eastern site boundaries.

 

Minimal windows have been provided to the western elevation (one bedroom and one bathroom window per floor). The lack of windows has minimised privacy impacts despite non-compliance with Council’s preferred solution. The orientation of the site north-south has reduced the overshadowing impacts of the proposal and the non-compliance with the preferred solution for setbacks to the western side does not result in additional shadow impacts at midwinter. The provision of a similar setback to that of the existing building on the site has ensured that the view corridor from the large balcony to the rear of 452 Maroubra Road is maintained.

 

The eastern elevation is generally blank with glazed louvres being proposed to the southern end of the wall. This has minimised the potential for privacy impacts on the adjoining property at 456 Maroubra Road. Due to the orientation of sites in this part of Maroubra, additional shadows cast as a result of the development will not affect the northern elevation of the adjoining building. A small area of additional shadow will occur to the western elevation of 456 Maroubra Road during the midwinter period, however the existing vegetation on the site already shadows this building for most of the day. The main impact of non-compliance with the side setback provisions to the eastern side is the potential view loss from 21 Bona Vista Avenue. This property is located one allotment to the north of the site and is oriented perpendicular to the subject site. This dwelling has a ground floor balcony to the rear of the site which currently enjoys a view corridor between the existing buildings at 454 and 456 Maroubra Road. This view corridor currently allows for outlook to Maroubra Beach above existing dense vegetation on the eastern side of the existing building on the site. As discussed under Section 9.5 Views below, the applicant was asked to provide an increased setback to the eastern side. The applicant responded that the increased proximity of the new building to the rear boundary would mean that the setback would have to be significantly increased to maintain this view corridor. The dwelling at 21 Bona Vista Avenue will maintain excellent views from the first floor balcony, the existing corridor provides a small area of view which is only maintained as a result of the lack of vegetation at 23 Bona Vista Avenue and the owner of the site at 454 Maroubra Road not proceeding with the current dwelling house approval. Given these circumstances, the applicant’s arguments have been accepted and compliance with Council’s preferred solutions for setbacks has not been enforced.

 

The development is setback 4.0-4.6 metres from the rear boundary. The Multi Unit Housing DCP includes a preferred solution that buildings are no closer than 6 metres from a rear boundary and that the average setback along the length of the boundary is 8 metres. The proposal does not comply with the preferred solution for rear setbacks. The objectives of the preferred solution is to provide for adequate separation between buildings to minimise overshadowing, provide for reasonable levels of privacy between dwellings, provide opportunities for landscaping and site facilities and encourage buildings to be built across a site rather than down its length. The proposal will not result in additional overshadowing to adjoining properties, complies with Council’s landscaping standards and will not result in privacy impacts due to the provision of screening on the rear elevation of the building. The adjoining building at 456 Maroubra Road is setback 4.0 metres from the rear boundary and the proposal is setback a similar distance. The adjoining property to the west (452 Maroubra Road) is setback 1.6 metres. The rear setback is consistent with the existing development pattern in the area. The development meets the objectives of the setback controls under the DCP, despite non-compliance with the preferred solutions.

 

The northern, southern and eastern elevations meet Council’s preferred solution under the Multi Unit Housing DCP that walls be articulated so that flat lengths of wall are reduced to less than 10m. The western elevation is 12.6 metres in length without articulation. This wall does not comply with Council’s preferred solution, however the site is located in an older area where flat walls of this type are common. The western elevation faces development at 452 Maroubra Road and complies with Council’s wall height standards. The non-compliance will not affect the street or surrounding properties in terms of visual bulk and scale. A generous setback has been provided to the western side of the building to maximise opportunities to landscape the site.

 

The proposal has been designed to reflect the surrounding pattern of development and also address amenity impacts to surrounding properties. The setbacks are considered to meet the objectives of the setback controls even though all preferred solutions are not met. The development is considered satisfactory with regard to the performance requirements for building setbacks under Council’s Multi Unit Housing DCP.

 

9.4       Landscaping and Private Open Space

 

The development provides 53% (181.5m2) of the site area as landscaping. This exceeds the statutory requirement under clause 31(2) of the RLEP98 of 50% (170.5m2). 18% of the landscaping occurs over the basement. This meets Council’s requirement that landscaping over basements not exceed 50% of the landscaping requirement.

 

The objective of the landscaping standards is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes. The proposal meets this objective.

 

The proposal provides large areas of deep soil, soft landscaped areas to the front and rear of the site. The rear yard will provide for larger plantings that will provide screening and amenity for residential buildings to the rear of the site. No substantial landscaping exists currently on the subject site. The draft strata plans have shown the rear yard of the site as common property, however as this area is not accessible from the common areas of the development it is considered sensible to dedicate this area to the ground level dwelling (see Condition 2). The rear yard will provide usable private open space for the ground floor dwelling. Upper level dwellings have balcony areas to the front of the site and will not overlook the private open space of the ground level dwelling and will provide excellent access to view opportunities to the southeast of the site.

 

Council’s Landscape Officer has indicated the landscaping of the site is satisfactory, subject to conditions of consent (see Conditions 97-106). Adjoining neighbours at 23 Bona Vista Avenue have indicated that the tree on the northern boundary of the site has caused damage to their plumbing. As the tree is not covered by Council’s Tree Preservation Order (TPO), it is considered appropriate that the applicant remove the tree to minimise further damage on the adjoining site. This tree is marked for removal in the approved landscape plan. A condition reinforcing this detail of the landscape plan has been included in the recommendation section of this report (see Condition 8).

 

9.5       Views

 

The building will not have a significant impact on the availability of views from surrounding properties. The wall and overall height of the development complies with Council’s statutory standards and the ridge height of the new building is 100mm higher than the existing building and is the same as the previously approved dwelling on the site. The height of the proposal will not have a significant impact on views from surrounding properties. The existing view of Maroubra Beach from the first floor balcony of 21 Bona Vista Avenue will be maintained by the development.

 

 

 

 

 

 

 

 

 

 

 

 


Above: The existing view from the first floor level balcony at 21 Bona Vista Avenue will not be significantly affected by the proposal. Subject site is in far right corner.

 

The adjoining property to the north of the subject site at 23 Bona Vista Avenue is not oriented or constructed to take advantage of southeasterly views across the subject site. There are no balconies or decks to the rear of this property that afford significant view opportunities. There are limited windows in the southern elevation of the building at 23 Bona Vista Avenue and these are generally small obscurely glazed windows to bathrooms. Large windows face due east and do not allow for direct view across the subject site. Oblique views are available from these windows at upper floor levels, the compliance of the proposal with Council’s height standards will ensure these opportunities are retained. The level of the rear yard of the property at 23 Bona Vista Avenue and existing vegetation on the subject site has limited the view opportunities and as a result the encroachment of the building on the existing eastern setback will not affect outlook from the rear yard of this property.

 

The adjoining property to the west (452 Maroubra Road), has a large deck to the rear of the site. The existing setback of the building from the western boundary allows for some view aspect towards the ocean from this property. Expansive views are not available due to existing development on the subject site and sites to the south across Maroubra Road and the location of the deck to the rear of the property at 452 Maroubra Road. The proposal has minimised the potential for view loss from this property by maintaining a similar setback to the western side boundary as exists currently.

 


Above: The rear deck at 452 Maroubra Road can be seen from the street due to the generous setback

 

The dwelling at 21 Bona Vista Avenue has a ground floor balcony which affords some outlook east across the adjoining site at 23 Bona Vista Avenue to the subject site. Currently, the setback of the existing building from the eastern boundary of the subject site provides a narrow view corridor between the buildings at 456 and 454 Maroubra Road. This allows a view of Maroubra Beach, between the buildings and existing vegetation on the site from the ground floor terrace of 21 Bona Vista Avenue.

 


Above: Existing view of Maroubra Beach to the south from 21 Bona Vista Avenue ground floor balcony.

 

Due to the proposed building being built closer to the northern (rear) boundary and eastern side boundary, the existing view corridor will be closed by the development. During the assessment process, Council officers approached the applicant to increase the setback by 1 metre (to achieve a setback approximately the same as the existing situation). The applicant argued that increasing the eastern setback would not result in a significantly improved situation for the objector at 21 Bona Vista due to the proximity of the building to the rear boundary, and the critical point of the building being the northeastern corner.

 

The existing view between the buildings at 454-456 Maroubra Road is not an expansive view and would be obscured if there were substantial planting at the rear of 23 Bona Vista Avenue. The previous approval on the site for a dwelling house also closed this view corridor and at that time, the view from this site was not considered to be overly significant. The property at 21 Bona Vista Avenue will maintain excellent view opportunities from the first floor level balcony and the proposal has minimised view loss by not building to the limit of Council’s standards for height. Senior Commissioner Roseth in his discussion of the four steps in assessment of view impacts (Tenacity Consulting v Warringah Council) reflects this assessment of views achieved across a side boundary as follows:

 

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

The proposal represents a minor encroachment on the existing building form on the site and previously approved structures on the site. The loss of view from a ground floor area of a property located one allotment from the site is not considered to be detrimental to this property as the view from their first floor level balcony is maintained. The view through the narrow setback on the subject site depends on the rear yard of 23 Bona Vista Avenue remaining free of vegetation and the eastern side setback of the subject site also remaining free of vegetation. In these circumstances the loss of view to 21 Bona Vista Avenue is not considered to be significant.

 

The development is considered satisfactory with regard to view and outlook sharing.

 

9.6       Privacy

 

Living areas of the dwellings are all oriented to the front of the subject site, this has minimised privacy impacts to surrounding properties. Windows to the southern elevation (rear) overlook the rear yards of adjoining sites (which address Bona Vista Avenue). The applicant has provided amended plans that show fixed privacy screens to the bedroom windows on the southern elevation and translucent glazing to bathroom windows. There are no windows on the eastern elevation of the building that will affect the adjoining property to the east. On the western elevation windows are provided to the ensuites. These windows service bathrooms and are offset from windows in the adjoining building. A corner louvred window is provided on the southwestern corner of the western elevation. The louvres will obscure any direct views to the adjoining property. Privacy impacts from this bedroom window are not considered to be significant.

 

Balconies at upper levels face the street and will not result in significant visual privacy impacts on adjoining premises, which are setback behind the line of the balconies and do not have balconies which face the street.

 

The development is satisfactory with regard to privacy.

 

9.7       Solar Access and Energy Efficiency

 

With regard to solar access, the proposal meets the requirements of the DCP maintaining at least 3 hours of midwinter solar access per day to the northern (rear) elevations of surrounding properties. Due to the orientation of the site, additional shadow generated by the development generally falls on the roadway of Maroubra Road throughout the day. Buildings in this part of Maroubra Road have rear elevations that face north. The proposal will not affect solar access to the rear elevations of any properties 9am-3pm midwinter. Good solar access is also maintained to eastern and western elevations of adjoining sites, despite non-compliance with setbacks.

 

Due to the orientation of the site and opportunities for views, living areas are generally south facing. Although the orientation of the site has not allowed for living areas to be oriented to the north, the dwellings have an open plan that provides excellent access to natural light and ventilation to all habitable rooms including the kitchen. Openings on the front and rear elevations promote cross ventilation and will ensure a high standard of amenity for residents.

 

The applicant has provided a NatHERS report indicating all dwellings within the development achieve a rating of 3.5-stars. In accordance with Council’s Rainwater Tanks Policy, a condition of consent has been imposed to ensure a rainwater tank in incorporated into the proposal at Construction Certificate stage (see Condition 23).

 

The proposal is considered acceptable in relation to solar access and energy efficiency.

 

9.8       Fences

 

Solid front fencing with a height of up to 1.5 metres is proposed. This exceeds Council’s preferred solution under the DCP of 1.2 metres by 300mm. This non-compliance is due to the sloping frontage to Maroubra Road. The fencing is consistent with the established pattern in this part of Maroubra Road and will not detract from the streetscape presentation of the site. Landscaped terraces to the front of the site will provide a landscaped backdrop to the fencing and will contribute to the appearance of the site from the street. Terrace areas to the front of the site will allow surveillance of the street and minimise any security impacts of the fence height.

 

Details of side and rear boundary fencing are not clearly indicated by the proposal Condition 5 requires that any new boundary fencing along these boundaries must not exceed 1.8m in height, measured from the low side of the boundary and must be constructed of appropriate materials.

 

The development, subject to conditions, is considered satisfactory with regard to the objectives for fencing under the Multi-Unit Housing DCP.

 

9.9       Safety and Security

 

The development provides balconies and living room windows which provide casual surveillance of the street. The entry to the dwellings is well articulated from the street. A security door is shown to the parking and the entry to the development from the street is gated.

 

The development is satisfactory with regard to safety and security.

 

9.10     Parking

 

The development requires the provision of 4.5 car parking spaces for residents and no visitor parking (a total of 5 spaces). The plans for approval indicate 6 spaces, which complies with Council’s requirements. However, due to amendments to meet splay corner requirements the vertical clearance of one of the spaces has been reduced. Council has received a traffic engineers statement that the clearance of 1.3-1.4 metres is sufficient clearance for the bonnet of a car. Condition 8 requires that this area be appropriately signposted to warn drivers.

 

The driveway width and gradient proposed from Maroubra Road meets Council’s general requirements. The transition grades for the driveway exceed the recommended 12.5% and therefore scraping of vehicles may occur. It is recommended that transition grades be added to the design of the driveway to ensure scraping does not occur (refer to Condition 7).

 

The applicant was advised on 13 April 2004 that the layout of the parking spaces did not fully comply with Council’s DCP – Parking. Amended plans addressing this issue have not been received and therefore appropriate conditions of consent have been imposed (see Condition 6).

 

The development (subject to conditions of consent) satisfactory with regard to parking provision.

 

10.  CONCLUSION

 

The SEPP 1 objections lodged with respect to the non-compliance with the floor space ratio of the development are considered to be well founded in the circumstances.

 

The proposed building is appropriate on the site given the desired future character of the area, the objectives contained within the RLEP98, including the proposal’s impact on the foreshore and the Multi Unit Housing DCP. The development proposes a building envelope, height and façade treatment that generally meet the criteria and fulfil these objectives.

 

The proposal will not have a significant impact on surrounding properties and the non-compliances with statutory and policy controls will not exacerbate impacts. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 32 (2) of the Randwick Local Environmental Plan 1998 (as amended) relating to maximum floor space ratio on the grounds that the proposed development complies with the objectives of the clause and will not adversely affect the amenity of the locality and the Director of Infrastructure Planning and Natural Resources be notified accordingly,

 

AND

 

B.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 1199/2003 for Demolition of existing building and construction of new three storey residential flat building with basement parking at 454 Maroubra Road, Maroubra subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered Job Number 03951.3 – 03951.6, 03591.9-0359.11 drawn by Conlon Design and dated Nov.’03 and Issue A of the landscape plans numbered Dwg No. 1/3-3/3 by Hortus Design dated 17/12/03 and all stamped received by Council on 23 December 2003 and the plans numbered Job Number 03951.2A and 03951.7A drawn by Conlon Design and dated Nov ’03 and stamped received by Council on 15 March 2004 and Issue A of the plan numbered 03951.8 drawn by Conlon Design and stamped received by Council on 13 May 2004 and the draft strata plans numbered Sheet 1-3, Surveyor’s Reference 24057, stamped received by Council on 13 May 2004, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       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 relevant building works.

 

3.       Drawing 03951.3 is to be amended to reflect the splay corner to the western end of the driveway as shown on Drawing 03951.2.A. Details required by this condition are to be submitted with the Construction Certificate application. This condition is imposed to clarify the plans.

 

4.       The strata plans are to be amended to show the landscaped area to the rear of the site and western side of the building allocated to the ground floor unit (Pt. Lot 1). The final strata plans are also to be amended to reflect the required changes to the parking layout and lot areas are to be updated accordingly.

 

5.       The boundary fencing to the eastern, northern and western boundaries must not exceed 1.8m in height, measured from the low side of the boundary and materials are to be constructed of  lightweight materials (timber or colorbond). This condition is imposed to clarify the plans and protect residential amenity. Details required by this condition are to be submitted with the Construction Certificate application.

 

6.       The carpark layout is to be redesigned to satisfy the following requirements:

 

a)       Carspace 4 is to have a clear internal width of 2.7 metres. In order to achieve this carspaces 2 and 3 may be reduced to 2.4 metres in width.

 

7.       The difference in grade between the footpath and driveway ramp and the ramp and basement floor level is not too exceed 12.5% (1:8). Details of compliance with this condition (longitudinal section through the driveway) are to be submitted with the Construction Certificate application. This condition has been imposed to ensure vehicles do not scrape or ‘bottom out’ on entering/ exiting the carpark.

 

8.       Signage is to be provided to parking space 6 warning drivers that the space has limited clearance. The low edges of the parking space are to be painted in a reflective colour to be highlighted to drivers.

 

Details of signage are to be provided with the application for the Construction Certificate.

 

9.       The applicant is to remove the tree on the northern boundary of the site as indicated on the submitted landscaped plan. The tree is to be replaced with an appropriate planting in the location indicated on the submitted landscape plan. Details are to be included on the Construction Certificate application plans. This condition is imposed to prevent further root damage to the adjoining premises at 23 Bona Vista Avenue.

 

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

 

10.     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               $5,464.00

b)       for the provision or improvement of community facilities   $2,416.00

c)       Administration fee $425.00                                                         $   425.00

 

The contribution must be paid in cash or by bank cheque prior to 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.

 

11.     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.

 

12.     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.

 

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

 

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

 

15.     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.

 

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.     External clothes drying facilities are to be provided to the unit at Level 1 in 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.

 

18.     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.

 

19.     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.

 

20.     Hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

21.     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.

 

22.     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.

 

23.     A rainwater tank, of sufficient size to provide water for irrigation of all landscaped areas within the development, is to be provided to the development in accordance with Council’s Rainwater Tank Policy

 

The tank is to be located a minimum of a) 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate and landscape plans, to the satisfaction of the Certifying Authority.

 

The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

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

 

24.     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.

 

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

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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:

 

31.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures located upon:

 

§  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.

 

32.     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.

 

33.     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.

 

34.     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.

 

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

 

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

 

36.     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.

 

37.     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.

 

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

 

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

 

Documentary evidence of the building inspections carried out and details of compliance with Council’s approval is to be maintained by the Principal Certifying Authority.  Details of critical phase inspections carried out and copies of certification relied upon shall be forwarded to Council with the occupation certificate.

 

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

 

39.     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.

 

40.     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.

 

41.     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 and verifying that the building is being constructed at the approved levels.

 

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

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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”.

 

52.     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.

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·        Revegetation of disturbed areas.

 

54.     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.

 

55.     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.

 

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

 

56.     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

 

57.     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.

 

58.     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 prior to commencement of works.

 

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

 

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

 

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

 

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

 

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

 

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

 

61.     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.

 

62.     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:

 

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

 

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

 

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

 

c)       Reconstruct/repair any damaged sections of kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

 

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

 

64.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

65.     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.

 

66.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines.

 

67.     The driveway opening at the Maroubra Road frontage must be 3.50 metres wide and located at least 1.5 metres clear of the side property, with the internal driveway also being a minimum 3.50m wide (clear width).

 

68.     A work zone is to be provided in Maroubra Road for the duration of the construction works.  The ‘work zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the work zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

69.     All carspaces shall generally conform to the requirements of AS 2890.1 – 1993, in particular Carspace 4 shall be a minimum of 2.7 metres wide.

 

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

 

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

 

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.

 

71.     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.

 

72.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $419 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 consideration for service authority assets:

 

73.     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.

 

74.     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.

 

75.     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.

 

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

 

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

 

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

 

The Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

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

 

78.     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.

 

79.     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.

 

80.     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.

 

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

 

82.     Stormwater pipes shall be located in accessible locations.

 

83.     Pump out systems will only be considered if the applicant can demonstrate to the Principal Certifying Authority that it is not possible to manage stormwater runoff in any other manner.

 

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

 

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

 

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

 

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

f)        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.

 

85.     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.

 

86.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

87.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

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

 

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

 

89.     The garbage room areas shall contain a total of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins.

 

90.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

91.     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 units.

 

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

 

92.     Should the applicant proceed with the proposed on-site site stormwater detention system, a “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of any future plan of subdivision or strata subdivision for this property.  Such restriction and positive covenant shall relate to the onsite stormwater detention system and shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

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

 

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

 

93.     The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

94.     The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the strata subdivision.

 

95.     Prior to release of the Plan of Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots.  The certificate is obtained from Sydney Water.

 

96.     The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

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

 

97.     The landscaped areas shown on the plan number 1/3, Issue A dated 17/12/03, drawn by Hortus Design, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority or {the Director of Assets & Infrastructure in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979}, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

In order to lessen the impact of the development on adjoining properties, as well as providing an acceptable level of screening and privacy, the applicant will be required to provide screen planting (in deep soil zones) that is capable of attaining a minimum height at maturity of 2 metres along the eastern, northern and western perimeters of the site. If planting is proposed over the excavated basement carpark, the applicant will be required to provide documentary evidence, from suitably qualified personnel, stating that the proposed plantings, ie soil depth, drainage, species selection etc, are achievable and capable of supporting the proposed plantings for their life term.

 

The applicant is also advised that Council’s Landscape Technician does not support the proposed use of Phoenix canariensis (Canary Island Date Palm) as a feature palm at the front of the site due to it’s self seeding properties, sharp and dangerous thorns that grow along the fronds, as well as its susceptibility to the Fusarium sp fungus, which has been responsible for the death of large numbers of these palms recently. As such, this species is to be deleted from the planting plan and schedule, and is to be replaced with a more suitable alternative, eg, Howea fosteriana (Kentia Palm) or similar.

           

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 for the proposed rear terracing, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

The applicant is advised that Council’s Landscape Technician does not support the proposed use of gravel in the rear courtyard, and would prefer to see porous paving used as it would provide a more ‘user friendly’ recreation area.

           

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 2 x 45 litre broad canopied trees (not palms) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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

 

i.          The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species, that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

j.          In order to reduce the amount of stormwater generated by the site, porous paving shall be used in all pedestrian pathways not over slab. Details are to provided with the construction certificate application.

 

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

 

98.     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.

 

99.     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.

 

100.   In order to visually 'soften' the expanses of hard pavement, brick unit pavers, stencilled concrete (or similar) shall be used throughout the driveway 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.

 

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

 

102.   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.

 

103.   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.

 

104.   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.

 

105.   A refundable deposit in the form of cash or cheque for the amount of $3,000.00 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.

 

106.   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.

 

ADVISINGS

 

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

 

Should the applicant proceed with the proposed on-site site stormwater detention system, all works shall be to the satisfaction of the Director – Asset & Infrastructure Services.

 

A2.      The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

e)      

a)       Part B1                      -       Structural provisions

b)       Part C1                      -       Fire resistance and stability

c)       Part C2                      -       Compartmentation and separation

d)       Clause C2.6               -       Vertical separation of openings in external walls

e)       Part C3                      -       Protection of openings

f)        Clause C3.2&C3.4    -       Protection of openings in external walls

g)       Part F4                       -       Carpark ventilation.

h)       Part E1                       -       Fire fighting equipment

i)        Part E2                       -       Smoke Hazard Management

j)        Part E4                       -       Emergency lighting, exit signs & warning systems

k)       Part F1                       -       Damp and weatherproofing

l)        Part F5                       -       Sound Transmission and Insulation

 

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

 

 

 

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER


 

Director Planning & Community Development's Report 24/2004

 

 

SUBJECT:

28 White Ave, Maroubra

 

 

DATE:

18 May, 2004

FILE NO:

119/04

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT   

 

 

INTRODUCTION:

 

Attached is the Development Assessment Report for the Development Application No 119 of 2004 for alterations and additions to a dwelling house.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

1. Development Application Report dated 16 April, 2004

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

16 April, 2004

FILE NO:

DA 119/04

 

PROPOSAL:

 Alterations and additions to existing dwelling house

PROPERTY:

 28 White Avenue Maroubra

WARD:

 South Ward

APPLICANT:

 C Renford

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application details alterations and a first floor addition to the existing dwelling house.

 

The estimated cost of the development is $ 150 000.

 

The application has been referred to Council for determination at the request of Councillors Daley, White and Sullivan.

 

The main issues are the impact of the overall bulk and scale of the development upon the amenity of the adjoining premises.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application details alterations and additions to the dwelling to provide for a new upper level, comprising a bedroom, study, bathroom and living area providing an additional 62sqm of habitable area to the dwelling. It is also proposed to carryout internal alterations to the exiting dwelling to open up the living areas, a new paved verandah to the front living room and renovation to the existing balcony and patio at ground and lower ground level, including the removal of a spiral staircase connecting the two. It is also proposed to enclose the existing carport to the front of the dwelling and render and paint the entire dwelling.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The locality is a residential in nature and contains a mixture of semi detached and free standing dwellings which were erected as a group in the late 1960’s. The subject premises is on the western side of White Avenue and has a total site area of 265sqm, the site falls from the front to rear with a difference in level of up to 4m. To the rear of the premises there is an open public reserve.

 

4.    SITE HISTORY

 

A previous Development Application, 842/03, seeking consent to carryout alterations and additions to the dwelling was withdrawn on the advice that Council Officers that an application of that design could not be supported in that it proposed the siting of the proposed new upper level upon the southern boundary of the premises, which would have been imposing in relation to the adjoining premises. Based on a meeting with Council Officers the current application has now been lodged which addresses the issues raised previously.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

J & E Crawford of 24 White Avenue Maroubra

 

-the bulk of the building is excessive.

-the floor space ratio of the dwelling does not comply with the DCP.

-the external wall height of the rear of the dwelling exceeds the preferred solution maximum.

-the premises may be converted into flats in the future.

-the windows in the northern and southern elevation of the dwelling are noted as being fixed glass shutters they should be not of clear glass to maintain privacy to the adjoining premises, or be of fixed glass blocks which will prevent them being opened.

-the ventilation of the bedrooms and bathrooms may result in nuisance by odours to the adjoining premises.

-the position of the bathroom window could result in a loss of privacy to the adjoining premises.

-any venting of the bathroom should not interfere with the rights of the adjoining premises.

-there is no provision for light to the ground level bathroom.

-approval of the application would set a precedent for similar development in this area.

 

J & G Ward of 30 White Avenue Maroubra

 

-the proposed floor space exceeds the preferred solution of the DCP.

-the external wall height of the building exceeds the maximum wall height of 7m.

-there will be an impact upon their privacy as a result of the new upper level balcony.

-the degree of non compliance with the DCP controls is not reasonable.

-the proposed parents retreat is too large and should be reduced in area.

 

Comment:

 

With regard to the proposed floor space ratio of the dwelling, the existing floor space ratio is 0.56:1 which includes the existing lower ground level. With the inclusion of the proposed upper floor level the floor space ratio will be 0.81:1 which clearly exceeds the preferred solution. However, it is considered on balance that the overall objectives and performance requirements of the DCP are complied with in that the bulk and scale of the development as viewed within the local streetscape will not be incompatible with the surrounding development. A relevant consideration in this instance is that due to the fall of the site towards the rear, this dwelling and some of the others have all been able to provide for a lower ground level, and therefore from the street elevation the dwelling presents as a two storey building only. The maximum external wall height of the dwelling does exceed the preferred solution, however this also arises due to the fall of the site towards the rear of the site, and for most of the length of wall the preferred solution is satisfied.

 

A condition of consent is included that the dwelling is not to be used for multiple occupation. Light to the ground floor bathroom remains unaltered and ventilation of the new rooms would in practice not result in any impact upon the amenity of the adjoining premises. 

 

The proposed new windows within the northern and southern elevation are all noted as being either fixed opaque or opaque louvres to the proposed recessed balcony. It is considered that the fixed opaque and louvres represent an adequate means to mitigate loss of privacy to the adjoining premises.

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

6.1  Policy Controls

Development Control Plan for Dwellings and Attached Dual Occupancies

 

PERFORMANCE REQUIREMENT

PREFERRED        SOLUTION

COMPLIANCE

(Whether proposal meets Performance Requirements or Preferred Solutions.)

SOLAR ACCESS

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

Design to minimise  energy  for heating, cooling by using:

§ 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.

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

 

Not applicable.

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

 

S2  Private open space receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June.

Complies.

 

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

The proposal includes north-facing windows that will receive at least 3 hours of sunlight. Complies.

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

S9  Solar access to solar collectors on adjacent buildings maintained between 9.00am and 3.00pm throughout the year.

The proposal will not overshadow solar collectors on adjoining properties. Complies.

 

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

Complies.

 

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

The proposal does not appear to reduce solar access to private open space to less than 3 hours over part of adjoining rear yards.

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

S1  40% of the total site area is landscaped.

Not applicable

 

S1  252m of useable private open space per dwelling.

Not applicable

 

S1  Minimum dimensions are 3m x 4m.

Not applicable

 

S1  Private open space is located behind the building line.

Not applicable

P6  Unpaved or unsealed landscaped areas are maximised.

S6  20% of the site area is permeable.

Not applicable

FLOOR AREA

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

S1 Floor Space Ratio

<300m2              0.65:1

>300 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2              0.5:1

The proposed FSR is 0.81:1.  Does not comply – see assessment at section 6.2.

HEIGHT, FORM AND MATERIALS

P1  Height relates to surrounding streetscape.

S1  Maximum 7m external wall height.

 

The proposed development has a maximum external wall height of 8.5 metres. Does not comply – assessment at section 6.2.

 

S1  Maximum 3.5m external wall height of buildings or additions to the rear.

Does not comply – see Assessment Section 7

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

S3  Cut or fill does not exceed 1m.

Not applicable.

 

S3  No excavation within 900mm of side boundary.

Not applicable.

 

S3  No excavation within 3m of rear boundary.

Not applicable.

P4  Design preserves privacy and natural light access to neighbours.

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

Does not comply – see Assessment Section 7

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

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

Not applicable.

BUILDING SETBACKS

P1  Front Setback

Generally conforms to adjoining development or dominant setback along street.

S1  Front Setback

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

Yes

P2  Rear Setback

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

S2  Rear Setback

No closer than 4.5m to rear boundary.

Yes.

P3  Side Setback

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.

S3  Side Setbacks

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

No see Section 6.2.

Southern – 970mm

Northern – 1025mm

 

S3  1.5m for any part of a building, two levels at that point.

No see Section 6.2.

 

S3  3.0m for any part of a building more than two levels at that point.

Not applicable.

VISUAL & ACOUSTIC PRIVACY

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

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.

The proposed west-facing lounge room windows will overlook habitable room windows in the adjoining dwelling. Does not comply – see assessment below.

 

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

Yes privacy screens are proposed to both ends of the balcony

 

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.

The proposed development incorporates windows with minimum sill heights of 1.5 metres from the floor. Complies.

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

S3  Buildings comply with AS-2107: Acoustics – recommended design sound levels and reverberation times for building interiors.

Not applicable.

SAFETY AND SECURITY

P1  Buildings face the street and provide casual surveillance.

S1,2,3  Front doors visible from street.

Complies

 

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

Complies

P2  Entries are readily identifiable.

S2  Street number displayed.

Complies

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

S3  Fences comply with fencing requirements.

Not applicable.

GARAGES, CARPORTS AND DRIVEWAYS

Note:  Council’s car parking DCP requirements - 1-2 bedroom: 1 space; 3 bedroom:  2 spaces

 

The site contains parking for three cars. Complies.

P1  Carports, garages and parking areas designed to:

§  Ensure convenience and safety;

§ Enable the efficient use of car spaces;

§      Safe, efficient, adequate manoeuvrability.

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

 

Complies.

 

S1  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).

Complies

 

S1  Driveway gradients have a maximum of 1 in 6. The gradient for the first 5m from street not more than 1 in 8.

Complies

 

S1  Garages and carport to a rear lane are 1m setback.

Complies

P2  Carports, garages and parking areas designed to:

§ Not detract from the streetscape;

§ Be compatible in scale, form and materials.

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

Complies

 

S2  Driveways, car parking facilities <35% of site frontage.

Does not comply however existing driveway

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

Not applicable

 

S1  Solid front fences in front of the building line no higher than 1.2m.

Not applicable

 

S1  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).

Not applicable

 

7.    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.

 

Density

 

The objective and performance requirements of the DCP are that developments are not excessive in bulk or scale, compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street. The floor space ratio of dwelling does not comply with the preferred solution maximum of the DCP being 0.81:1.

 

However. it is considered that the proposed floor area of the dwelling will satisfy the overall objectives and performance requirements of the DCP in that the overall bulk and scale of the dwelling as viewed within the local streetscape will not be incompatible with the adjoining residential development. It should also be noted that the degree of non compliance with the preferred solution of the DCP essentially arises from the inclusion of the lower ground level of the dwelling which is not visible from the street frontage and only exists due to the fall of the site towards the rear.

 

Height, Form & Materials

 

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

 

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

Preferred solutions include that the external wall height of the building not exceed 7m, the length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

 

The external wall height of the dwelling to the rear of the premises does not satisfy the maximum external wall height of 7m. However this arises due to the fall of the site towards the rear and for most of the dwelling the preferred solution is complied with. The proposal satisfies the performance requirements as it is not excessive in scale and results in minimal direct impacts upon nearby and adjoining properties.

 

Setbacks

 

The objectives and performance requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours, and with respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape.

 

Preferred solutions include that side setbacks be 900mm for any part of the building at ground level and 1.5m at first floor level, and that no part of the building is closer than 4.5m from the rear boundary.

 

The proposed first floor level is sited 970mm from southern and 1025mm from the northern side boundary. These setbacks do not satisfy the preferred solutions of the DCP, however it is considered that these setbacks are acceptable in that due to the width of the allotment strict compliance would be unreasonable and there will not be any significant impact upon the amenity of the adjoining premises. The proposal complies with the objectives and performance requirements of the DCP and will satisfy the requirements of the DCP in terms of bulk and scale and solar access and privacy.

 

8.    CONCLUSION

 

The proposed development satisfies the objectives and performance requirements of the Development Control Plan – Dwellings and Attached Dual Occupancies in respect to floor area, wall height and side setbacks.

 

The application is recommended for approval.

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.119/04 for permission to carryout alterations and additions to the existing dwelling at 28 White Avenue Maroubra subject to the following conditions: -                                                                             

 

1          The development must be implemented substantially in accordance with the plans numbered 1701/DA1, 2, 3, dated 19th February 2004 and received by Council on the 24th February 2004., the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3        The dwelling is to be used as a single dwelling only and is not to be used for separate occupation.

 

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

 

4        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.

 

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

 

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

 

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

 

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

 

7          Surface water/stormwater must be drained and discharged to the street gutter or a suitably designed absorption pit and details are to be included in the construction certificate application.  Absorption pits or soaker wells shall only be provided if soil conditions are suitable to facilitate the absorption of stormwater and must be located not less than 3m from any adjoining premises.  Stormwater must not be directed to any adjoining premises or cause a nuisance.

 

Details of any excavation or drainage works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council’s Director of Assets & Infrastructure Services prior to commencement of works.

 

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

 

8          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.

 

9        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.

 

10      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.

 

11      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.

 

12      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.

 

13      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.

 

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

 

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

 

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

 

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

 

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

 

17      The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person approved by the Principal Certifying Authority), to monitor compliance with 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.

 

18        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.

 

19        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.

 

20        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.

 

21        Public safety and convenience must be maintained at all times during 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

 

22        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.

 

23        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.

 

24        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.

 

25        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.

 

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

 

27        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”.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

30      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.

 

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

 

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

 

32      The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

ADVISORY 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) 1996.

 

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

 

In this regard, any variations that may be required to satisfy the BCA provisions, which alter the configuration, size, for, layout or design of the building, may necessitate a prior amendment to the development consent (under section 96 of the Environmental Planning & Assessment Act 1979), and Council’s Assessment Officer should be consulted prior to the lodgement of an application for a Construction Certificate.

 

A2       The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

The applicant 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.

 

 

 

 

 

 

 

 

ATTACHMENT/S:

 

Nil

 

………………………………

………………………………

 

PERRY HEAD

DIRECTOR OF PLANNING & ENVIRONMENT

DEVELOPMENT ASSESSMENT OFFICER

 

 

 

 


 

Director Planning & Community Development's Report 25/2004

 

 

SUBJECT:

695 Anzac Parade, Maroubra

 

 

DATE:

18 May, 2004

FILE NO:

D/0358/2002

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

Attached is the Development Application Report for development application 358 of 2002 for a section 96 application to modify the current approval by changing the unit mix and increasing the number of units proposed in the development.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

1. Development Application Report dated 10 May, 2004

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

10 May, 2004

FILE NO:

D0358/2002

 

PROPOSAL:

 Section 96 application to modify the current approval by changing the unit mix and increasing the number of units proposed in the development

PROPERTY:

 695 Anzac Parade, Maroubra

WARD:

 Central Ward

APPLICANT:

 695 Maroubra Investments Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council as the original application was determined by Council.

 

The application was notified to adjoining property owners and advertised in the local paper. No submissions were received in response to this notification. The main issues for consideration in the proposal are the proposed increase in the floor area and number of units proposed in the building and removal of communal open space areas originally included in the building design.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application proposes amendments to the existing consent for a seven (7) storey building comprised of 12 units. The major change proposed is an additional two units on the top floor of the building to result in a total of 14 units and increase in floor area of 125m2. Changes to the basement level carparking are also proposed.

 

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

 

-Changes to Basement Level 1

·     Change in ramp levels and layout of basement storage and service areas

 

-Changes to Ground Floor Level

·     Change in ramp levels to reflect changes in the basement

·     Change in orientation of stair from basement and orientation of carspace to improve manoeuvring.

 

-Changes to Level 1

·     Courtyard space to apartments 1 and 3 provided in area of light well.

 

-Changes to Level 2

 

New laundry to apartment 3

 

-Change to Levels 3 & 4

·     Increase in area of living/ dining areas to Apartments 6 and 9 by enclosing external terrace area.

·     Laundry added to apartment 8 on Level 4

 

-Changes to Level 5

·     Additional window in southern elevation to bedroom of easternmost apartment.

·     Additional window from ensuite to balcony of westernmost apartment.

·     Increased length of blade walls to light well for fire protection.

·     Changes to internal layout to apartments to provide bedroom and living areas on one level (previously two level apartments).

 

-Changes to Level 6

·     Additional 2 units and terrace areas (2 x 2 bedroom) units provided.

·     Removal of communal private open spaces in the form of a roof terrace to allow for provision of additional habitable floor area.

 

The changes listed above will change the mix within the building from 1 x ground floor commercial tenancy 8 x three bedroom dwellings and 4 x two bedroom dwellings above (12 dwellings) to 1 x ground floor commercial tenancy with 10 x three bedroom dwellings and 4 x two bedroom dwellings (14 dwellings total).

 

Changes to the composition of the elevations of the building to reflect the modifications outlined above are also proposed.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern corner of Anzac Parade and Mason Street within the Maroubra Junction Commercial Centre. The site is irregular in shape and has a total area of 552.3m2. It has a frontage to Anzac Parade of 13.55m and a southern frontage of 44.945m to Mason Street. The site has a gentle slope of approximately 1.5m from east to west.

 

Existing on the site is a freestanding, single-storey, brick cottage currently being used as medical offices, a rear brick garage and two metal carports.

 

Adjoining the site to the north is a two storey building, fronting Anzac Parade, which is used as a veterinary clinic. A side driveway along the southern boundary provides access to the rear of that building. Further to the north is a 7 storey, mixed-use development.

 

To the south, on the opposite side of Mason Street is a two storey commercial building. Further south, on the corner of Anzac Parade and Boyce Road, are multi level residential developments with ground level retail premises.

 

To the west of the site, fronting Mason Street, are two storey residential dwellings.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The application was lodged on 24 December 2003. The Assets and Infrastructure Services Department (AIS) reviewed the proposed changes to ramp grades and layout of the basement parking and advised on 24 March 2004 these were unsatisfactory and would not work properly. The applicant responded with amended plans on 2 April 2004. The AIS indicated on 22 April 2004 that the plans were still unsatisfactory. The applicant was also advised at this time that a preliminary planning assessment of the proposal (which originally proposed an additional 4 units to the building, a total of 16) indicated that the modifications sought were likely to generate significant impacts, particularly with regard to traffic and parking impacts. As a result of this assessment, meetings were held with the applicant to discuss the issues. The applicant responded by amending the plans and reducing the number of units proposed from 16 to 14 (an increase of two units) and providing a workable basement layout. The amended plans are the subject of this assessment

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised in accordance with Council’s DCP – Public Notification of Development Proposals and Council Plans. No submissions have been received in response to this notification.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Director, Assets and Infrastructure Services

 

The Director, Assets and Infrastructure Services has provided the following comments in relation to the proposed modification:

 

A section 96 application has been received to modify development approval 358/2002, which is for construction of a residential flat building at the above site containing 12 residential units and 1 retail tenancy.

 

The proposed modifications include increasing the total number of residential units to 14 and changing the apartment mix. In order to meet the increased parking demands from the extra apartments, it is proposed to also amend the ground floor parking area to include car stackers.

 

Further to our previous memo dated 22 April 2004, the applicant has submitted amended plans dated 10/5/2004. The new basement and ground floor plan (Drawing A001, Issue 3 by Dimension 5 Design Architecture and Project management) addresses some of the issues raised by the AIS Department in relation to the S96 application, however, there are still some concerns raised by the AIS Department in relation to the carparking arrangements.

 

Car stackers

As noted in our previous memos, the AIS Department does not generally support the use of car stackers. In circumstances where they are approved, such as in the basement of the subject development, each stacker should be allocated to the same residential unit. The current S96 application seeks to use three double car-stackers and two single car-stackers in lieu of the six single stackers approved in the original DA. It is noted that whilst the carstackers are designed to allow access to the vehicles parked at the top and bottom of the stacker independently, any malfunction/breakdown of any one double stacker will affect 4 vehicles. Further it is noted that the carstackers proposed will require vehicles to be parked at a grade of 9.5 % (inappropriate for disabled or elderly users) and any tall vehicles (such as 4WD) will not be able to use the stacked spaces.

 

Given that the double carstackers hold a total of 4 cars it is not practical for all four cars to be allocated to the same unit. Thus the double stackers give rise to a new problem of how the spaces will be allocated to the different units on strata plans.

 

The AIS Department does not favour additional parking spaces being provided by way of stacked spaces (especially double stacked spaces). Should the DPCD consider approving the S96 application to allow for additional units with stacked spaces, it is recommended that the applicant be requested to:

 

·    Obtain written confirmation from the carstacker supplier that the space available is adequate for the proposed stackers; and

 

·    Provide details of how the carstackers may be operated in the event of mechanical failure. I.e. details of a manual override system that will ensure that vehicles are always accessible even if there is a power failure and/or system breakdown.

 

 

As per our previous memo the AIS Department recommends that section 94 contributions be received in lieu of additional carstackers.

 

Carpark layout on the ground floor

Relocation of the driveway entrance to the ground floor carpark will assist in ensuring the all vehicles are able to enter and exit the site in a forward direction. However, it is noted that the turning manoeuvre diagrams submitted indicate that the swept paths for vehicles exiting carspaces 13 and 14 extend into the adjoining carspace and that the exiting vehicle will leave the site at a shallow angle relative to the kerb line. The AIS Department does not favour this arrangement.

 

Reduction in the width of carspace 11

The amended S96 plan shows the width of carspace 11 being reduced from the original approved 3 metres to 2.7 metres. The turning manoeuvre diagram submitted in support of this space being reduced in width shows a rather messy 5 point turn being required. It is acknowledged that a 5 point turn will still be required even if the width is left at 3 metres, however, it is considered that the space is already quite difficult to manoeuvre into and out of and any reduction in the width will only make the movements more difficult. It is recommended that the width of space 11 be left at a minimum of 3 metres.

 

Changes to carspace 1

The vehicle manoeuvring diagram submitted for a vehicle exiting space 1 shows a 4 point turn being required. The AIS Department notes that this is not a desirable requirement and may deter users.

 

Ramp Grades

The AIS Department notes that the ramp grades into the basement carpark have been altered from those approved in the original DA. It is recommended that the applicant be requested to amend the S96 plans to show the ramp grades being kept as per the approved DA plans. Alternatively, the applicant shall be requested to submit longitudinal sections through the centreline and extremities of the driveway ramp and right of way to demonstrate that the new grades are acceptable.

 

General Comments

The AIS Department notes that the approved development is already at the limit of trying to fit too many carspaces into a small area. Thus, whilst the S96 application does not propose huge changes to the car park layout, the inclusion of an additional two spaces by way of new carstackers and the consequential rearrangement of some parking spaces makes an already tight carpark even tighter. The AIS Department raises concerns that the very constricted carpark arrangements will discourage tenants from using the parking spaces and thus result in the tenants parking in the surrounding streets.

 

Required amendments should the S96 application be approved

As detailed above the AIS Department raises significant concerns regarding the amenity of the proposed carparking arrangements, and at a minimum recommends that the following information be obtained prior to the S96 application being approved:

 

·    Written confirmation from the carstacker supplier that the space available is adequate for the proposed stackers; and

 

·    Details of how the carstackers may be operated in the event of mechanical failure. i.e. details of a manual override system that will ensure that vehicles are always accessible even if there is a power failure and/or system breakdown.

 

Should the DPCD Department determine that the amenity of the carpark will not be compromised by that proposed S96 amendments, the AIS Department provides the following comments in relation to the conditions that should be amended/deleted/included if the DPCD approve the S96 application:

 

Conditions and changes suggested by the Director, Assets and Infrastructure Services have been notified to the applicant in accordance with the requirements for amendments to consents under Section 96 and have been included in the Recommendation section of this report.

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

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

-    Randwick Local Environmental Plan 1998 (including Amendment 33)

-    Maroubra Junction Town Centre Development Control Plan

-    Development Control Plan – Parking

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 3A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. Amendment 33 to the RLEP (gazetted on 7 May, 2004) has removed the need for compliance with clauses 32 and 33 of the LEP relating to height and FSR. The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clause No.

Requirement

Provided

Compliance

42D (4) Maroubra Junction Town Centre

Max number of storeys provision from the DCP applies to sites as if it were an LEP control.

(7 storeys in this instance)

7 storeys

Yes

42D (5a) – Building Heights

Building height does not exceed 24 metres to underside of topmost ceiling for 7 storey building

22.7-23.8m

Yes (no change from approved development)

 

The proposal is satisfactory with regard to the RLEP98.

 

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

 

The proposal does not require consideration by Council’s Design Review Panel as the original application was considered prior to the Panel being convened.

 

The proposed modifications will not reduce the compliance of the previously approved development with the design quality principles of SEPP 65. The new units proposed at roof level will be afforded excellent amenity and will not detract from the design of the building as previously approved. The density proposed can be accommodated on the site and the development will provide additional residential accommodation on the site which is consistent with its location on the periphery of the Maroubra Junction town centre.

 

The proposed modification is considered satisfactory with regard to SEPP 65.

 

8.1  Policy Controls

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

 

DCP 15 – Maroubra Junction Commercial Centre was repealed by the Maroubra Town Centre Development Control Plan which came into effect on May 18 2004. The DCP no longer applies to sites within the Maroubra Junction Commercial Centre.

 

(b)    Maroubra Town Centre Development Control Plan

 

The Draft Maroubra Town Centre DCP was adopted on the 18 November 2003 and came into effect on 18 May 2004. The lack of floor space ratio controls in the DCP has resulted in the modification having little impact on the compliance of the proposal with the Maroubra Town Centre DCP as reported previously to Council (refer to table below). However, there have been some changes in the content of the document between the draft DCP the application was originally assessed against and the adopted DCP.

 

Standard:

Required

Approved Building

Proposed Modification

Compliance (of Modification)

Building Height

Max. 7 storeys

7 storeys

7 storeys

Yes

Minimum Floor to Ceiling Height

Ground floor-3.6m

 

First floor 3.3m

 

Residential above first floor-2.7m

4.7m

 

 

2.8m

 

2.7-2.8m

4.47m

 

 

2.8m

 

2.7-3.0

 

Yes

 

 

No change

 

Yes

Building Use

2 levels of commercial with residential above.

1 level of commercial with residential above.

1 level of commercial with residential above.

No change

Building Depth

Commercial Maximum 25m (max.23m wall to wall)

Residential Maximum 22m (max. 18m wall to wall)

Maximum 33.7m (max. 26.7m wall to wall)

Maximum 33.7m (max. 26.7m wall to wall)

Previous draft DCP had maximum 30m and original application was approved. No change from approval

Articulation zone

Front and back of building to be articulated to a minimum depth of 1m.

Complies

Complies

No change

Setbacks

Front setback:

Along Anzac Parade: Nil

 

Side setback:

Along Anzac Parade: Nil

 

 

 

 

 

 

 

 

Rear setback:

Minimum 10m

 

Nil

 

 

 

Nil (1.0m at ground level along Mason Street frontage to accommodate a wider public pedestrian footway)

 

 

Minimum 6.2m to rear ground floor pergola.

 

Nil

 

 

 

Nil (1.0m at ground level along Mason Street frontage to accommodate a wider public pedestrian footway)

 

Minimum 6.2m to rear ground floor pergola.

 

No change

 

 

 

No change

 

 

 

 

 

 

 

 

 

Previous draft DCP had rear setback of 6m and original application was approved under this control. No change from approval

Deep Soil Zone and Communal Open Space

Min. 1.5m wide planting strip along boundary

 

Min. 25% of the site area to be provided as communal open space (138m2)

Not Provided

 

 

 

29m2

Not Provided

 

 

 

Nil

No Change.

 

 

 

No, note previous draft DCP did not include these controls and original application was approved under this draft.

 

(c)  Development Control Plan – Parking

 

 

Control

Previously Approved

Current Application

Amendment Complies

Commercial Parking

1 space per 40m2 GFA

(4.2 spaces)

2 spaces1

2 spaces

No change

Accessible Parking

1-2% of commercial requirement (.042)

Nil

Nil

No change

Loading

1 space per 400m2 commercial GFA (0.42 space)

Nil

 

 

Nil

No change

Subtotal

4.662 spaces

2 spaces

2 spaces

Yes

Residential

 

 

 

 

2 bed

1.2 spaces per unit

7 spaces (4.8 spaces required)

3 spaces (4.8 spaces required)

No

3+ bed

1.5 spaces per unit

12 spaces (12 spaces required)

18 spaces (15 spaces required)

Yes

Visitor Spaces

1 per 4 dwellings

 

2 spaces1 (3 spaces required)

2 spaces (3.5 spaces required)

No (no change from previous approval)

Carwash Bay

1 per 12 dwellings (can be visitor spaces)

1 space (1 space required)

1 space (1 space required)

Yes

Subtotal

21/24 spaces

21 spaces

23 spaces

No

Total

25/28 spaces

21 spaces (25 required under DCP)

23 spaces (28 required under DCP)

No

Bicycle Parking Commercial

 

1 per 10 vehicle spaces (Nil)

 

Nil

 

Nil

 

Yes

Residential

1 per 3 dwellings (4)

Sufficient space provided in basement

Sufficient space provided in basement

Yes

Visitor

1 per 10 dwellings (1

Sufficient space provided in basement

Sufficient space provided in basement

Yes

1 Commercial spaces to be shared as residential visitor spaces.

 

The traffic and parking impacts of the proposal have been considered under section 10.5 of this report.

 

8.2  Council Policies

(a) Section 94 Contributions Plan

 

The proposed modification has been assessed against Council’s Section 94 Contributions Plan as it changes the unit mix on the site. The outcome of this assessment is that a contribution of $50,167.40 is payable (including administration charges). An additional contribution to support the non-compliance with Council’s commercial carparking requirement of four spaces has also been levied (total of $33,375.00). Payment of the full contribution amount has been included in an amended Condition 14 of the recommendation.

 

9.    SECTION 96 AMENDMENT

 

9.1       Substantially the same

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

 

The application is considered to result in a building that will be substantially the same as the previously approved development, being a mixed use, residential and commercial building of seven storeys in height. The modifications to the floor area of the building, the number and mix of units will not have significant impacts in terms of the visual bulk and scale of the development as currently approved. The changes to the basement levels will result in greater compliance with parking and an improvement in the vehicular access to the site. Changes to the internal layout of the building will not detract from the external or internal form of the building. The approved overall building height will not increase as a result of the proposed modifications. The proposal is considered to result in a development that is “substantially the same” as that originally approved, and therefore may be considered by Council under section 96 of the Environmental Planning and Assessment Act.

 

9.2       Consideration of submissions

 

No submissions were received as a result of the notification of the proposal.

 

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 Ratio

 

The proposal will increase the gross floor area on the site by 125m2. The amendments to the LEP gazetted on 7 May 2004 removed the FSR controls for sites in Maroubra Junction.

 

The removal of these controls has removed the requirement for numeric compliance with the FSR standard and relies instead upon building envelope provisions as the basis for controlling bulk, scale and density. An assessment of the impacts of the built form of development can also be used to determine if the proposed floor space is appropriate for the site.

 

The development as modified will still comply with the building envelope provided for the site by the Draft DCP. This compliance has limited additional impacts on visual bulk and scale, overshadowing, or privacy.

 

The increased density has increased the demand for carparking spaces, however this can be satisfactorily addressed by provision of a carparking space for each unit and payment of contributions for the shortfall in commercial parking spaces.

 

10.2 Building Height, Bulk and Scale

 

The proposed modifications will not increase the maximum approved height of the building. The modifications maintain compliance with the standards for maximum number of storeys and maximum height to the underside of the topmost ceiling as recently incorporated into the LEP98. The increased area of the building that achieves the maximum permissible height (by adding floor area at the top of the building) will not result in overshadowing, view loss or visual privacy impacts. The proposed modification will not result in a substantial change to the external appearance or the visual bulk and scale of the proposal due to the setback of the new areas from the street.

 

The existing design has irregular setbacks and roof terraces at top floor level which do not give a strong architectural form to the top of the building. The proposed modifications will increase the solidity of the top floor of the building and lessen the appearance of the top floor as being service areas.

 

The proposed modifications are appropriate in terms of building height, bulk, scale and amenity impacts.

 

10.3 Impacts on Adjoining Development

 

Privacy and Overlooking

 

The proposal will not result in significant additional windows or balcony areas. The main increase to the proposal will occur on the southern elevation with living area windows and balconies oriented towards Mason Street. This change will not result in significant overlooking impacts on properties across Mason Street to the south of the site due to the separation distance provided by the Mason Street roadway (10m).

 

Overshadowing

 

The increase in the area of the top floor of the building will not result in significant additional overshadowing impacts on adjoining properties. From 9am to 12pm shadows will remain as per the existing approval during afternoons the shadows will lengthen by approximately 3 metres. As per the existing approval shadows will only affect commercial and not residential premises.

 

Views

 

Existing development and the topography of the area does not allow for significant view opportunities and the increase in the area of the top floor will not result in view and outlook impacts on surrounding properties.

 

The proposed modifications are satisfactory with regard to view and outlook impacts.

 

10.4 Landscaping and Private Open Space

 

The proposal will remove approximately 100m2 of communal and private open space from the roof in favour of enclosed habitable areas. The proposal will provide an additional 33m2 of private open space to Units 3 and 1 in the form of north facing courtyards at the lowest level of the lightwell.

 

The proposed modifications require removal of the previously approved communal roof terrace area of 30m2. The small size of this area, its location on the roof between the two top floor apartments reduced its useability by residents and as such removal of this area is not considered to have a significant impact on the amenity of the dwellings. Each dwelling has been provided with a balcony area that provides useable private open space.

 

The adopted DCP for Maroubra Junction requires that 25% of the site area be dedicated to communal open space purposes. When the previous application was considered by Council this control was not included in the Draft DCP at that time. The approved development does not comply with the current DCP control and neither does the proposed modification. For the reasons outlined above, these non-compliances are not considered to result in significant amenity impacts for residents.

 

The changes to Level 1 to provide private courtyard areas at the lowest lightwell level will improve the amenity of these units, however the courtyard to apartment 3 is attached to bedroom, not primary living areas. In order to improve the amenity of the living areas of apartment 3, condition 114 requires that the lower and upper level floor plans of this unit be swapped so that living, kitchen and dining areas have greater access to natural light and ventilation.

 

10.5 Carparking and Delivery Access

 

The changes proposed increase the number of units from 12 to 14 and require increased parking provision of 3 spaces. The proposal does not meet this requirement, providing an additional 2 spaces. These calculations include the previously approved arrangement whereby visitor parking would be shared with the commercial tenancy.

 

A significant number of the carparking spaces are provided for by using mechanical car stackers. The stackers have been allocated to individual units to ensure that cars can be parked and removed from the stackers independently of other residents. The stackers have been allocated to three bedroom units, with two bedroom units (with the exception of unit 3) having one space each. This allocation reflects the parking rates in the DCP –Parking and does not result in residents with one carspace having to share a car stacker, which would be difficult to manage.

 

Unit 3 has not been allocated a parking space. It is considered that the commercial/ residential visitors space 15 on the ground floor level should be allocated to this unit to ensure that each residential unit has access to at least one space (as per the original approval). The provision of at least one parking space to each residential unit (all of which are 2 or mor