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

 

 

4th May, 2004

 

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 11TH MAY, 2004 AT 6.30 P.M.

 

Committee Members:                  His Worship the Mayor, Cr M. Matson, Crs Andrews, Bastic, Belleli, Daley, Hughes (Deputy Chairperson), Kenny, Nash, Notley-Smith, Procopiadis, Seng (Chairperson), Sullivan, Tracey, White & Woodsmith.

 

Quorum:                                      Eight (8) members.

 

NOTE: AT THE EXTRAORDINARY MEETING HELD ON 5TH SEPTEMBER, 2000, THE COUNCIL RESOLVED THAT THE HEALTH, BUILDING AND PLANNING COMMITTEE BE CONSTITUTED AS A COMMITTEE WHOSE MEMBERSHIP CONSISTS OF ALL MEMBERS OF THE COUNCIL AND WITH FULL DELEGATION TO DETERMINE MATTERS ON THE AGENDA.

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 10TH FEBRUARY, 2004.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT’S REPORT 21/2004 – 552 BUNNERONG ROAD, MATRAVILLE. (DEFERRED.)

2

 

5.2                      

DEVELOPMENT APPLICATION REPORT – 100 MONS AVENUE, MAROUBRA.

126

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 102 BROOME STREET, MAROUBRA.

153

 

 

 

5.4                      

DEVELOPMENT APPLICATION REPORT - 114 MOUNT STREET, COOGEE.

172

 

5.5                      

DEVELOPMENT APPLICATION REPORT - 28 WINCHESTER ROAD, CLOVELLY.

247

 

5.6                      

DEVELOPMENT APPLICATION REPORT - 6 ASHER STREET, COOGEE.

276

 

5.7                      

DEVELOPMENT APPLICATION REPORT - 52 RAGLAN STREET, MALABAR.

282

 

5.8                      

DEVELOPMENT APPLICATION REPORT - 30 AVOCA STREET, RANDWICK.

290

 

5.9                      

DEVELOPMENT APPLICATION REPORT - 35 KNOX STREET, CLOVELLY.

299

 

5.10                      

DEVELOPMENT APPLICATION REPORT - 219 STOREY STREET, MAROUBRA.

344

 

 

6           General Business

 

7           Notice of Rescission Motions

 

 

……………………………

GENERAL MANAGER

 


 

 

Director Planning & Community Development's Report 21/2004

 

 

SUBJECT:

552 Bunnerong Rd Matraville - DA No.448/03  

 

 

DATE:

28 April, 2004

FILE NO:

D0448/2003/GE

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT     

 

 

INTRODUCTION:

 

Council resolved at its Health, Planning and Building Committee Meeting held on the 10 February 2004 that:

 

“This application be deferred to allow both residents and the applicant to study the changes proposed by Council Officers and for the applicant to submit amended plans”.

 

This report aims to provide Council with an update of the status of the application and what has occurred to date in line with the Council resolution. The report provides a historical background to the application and recommends that Council determine the application by either:

 

1.           Adopting the recommendation contained in the Director of Planning and Community Development report dated 15 January 2004 which defers the consent subject to the deletion of three apartments (Annexure A) or

2.           Approving the amended plans which were lodged on 19 April 2004 in response to the mediation (Annexure B).

 

ISSUES:

 

1. Background

 

The main stages in the assessment of the application include;

 

·    Prelodgement

 

The applicant submitted a prelodgement which comprised of a multi-unit, mixed use development comprising of 13 units. Concern was raised in respect to the building’s bulk, density and amenity impacts that would be generated. The proposal was considered to be an overdevelopment.

 

·    Development application

On the 3 June 2003 a development application was lodged to demolish the existing residence and construct a four storey mixed use development comprising of one commercial tenancy and 12 units (6 x 2 bedroom, 5 x 1 bedroom and 1 studio) with parking for 16 vehicles.

 

The application was referred to Council’s Design Review Panel for comment in respect to compliance with State Environmental Planning Policy No.65 (SEPP 65). The panel did not favour the proposed built form being one long building and suggested breaking up the form and creating two buildings incorporating a central, communal courtyard between the two buildings. This aimed to break up the bulk and provide better internal amenity to each of the units and also improve the overall site planning.

 

On 14 November 2003 amended plans were received and these were renotified. These plans broke the building up into two forms and implemented the recommendations made by the Design Review Panel. In redesigning the development the number of car parking spaces were reduced from 16 to 13. Council’s minimum requirement for off-street car parking is 17. The applicant submitted a parking study and this was formally addressed in the original planning report (see Annexure D).

 

The original assessment report that was tabled at the Council meeting recommended a deferred commencement subject to 5 conditions. The most critical of these was condition  No.1 which recommended the deletion of three dwellings (units 4,5 and 6) in the rear block which would then address the main areas of non-compliance being the floor space, the overall height, height plane, car parking provisions and potential amenity impacts to the rear (see Annexure D).

 

The original planning report was discussed at Council’s Health, Building and Planning Committee meeting held on 10 February 2004 where the matter was deferred to “allow both residents and the applicant to study the changes proposed by Council Officers and for the applicant to submit amended plans”.

 

·    Mediation

 

On Thursday 15 April 2004 a meeting was organised with Council Officers, the applicants and residents (all objectors to the application were formally notified in writing) in line with the resolution of Council. The residents in attendance were Ms D Barden from the residential flat building immediately adjoining the site,  No.550 Bunnerong road and Mrs Irene Borg and her sister who acted on behalf of their mother Mrs Fassilis at No.554 Bunnerong Road.

 

The meeting aimed to address the main outstanding issues and discuss possible amendments to the application in line with the recommended deferred commencement. The applicant discussed the proposal and outlined the design philosophy behind the proposal and its several design changes throughout the assessment process.

 

The residents sought clarification about a number of issues such as the size and location of balconys and the central area of communal open space, however were mainly concerned about any windows along the side elevations that would create the potential for overlooking and reduce the ability for No.550 Bunnerong Road to be redeveloped. The applicant agreed to remove all windows along both side elevations.

 

The applicant is not prepared to amend the application to delete three units from the rear building as suggested in the planning report. They did however table some amended plans at the meeting and then formally lodged these on 19 April 2004 to Council (Annexure C). They were fairly minor in nature and under Council’s Development Control Plan for Notification and Advertising did not require renotification.

 

In summary the amended plans propose the following modifications:

 

·            The windows along the southern and northern elevation have been removed (as requested by the residents at the mediation).

·            The overall height of the rear building has been reduced by 300mm.

·            The floor space of unit No.11 has been reduced by reducing the living and dining area by setting the rear wall back to be in line with Units 10 and 12.

·            This creates a greater setback at the rear and provides a consistent rear setback for the development of 8.5m (to the building wall) and 6.3m to the edge of the balcony. This will reach a closer degree of compliance with deferred condition No.2 which relates to having a minimum rear setback of 9m.

·            The entry to the building has been opened up and the blade wall to the entry and solid wall along the southern and northern side of the shopfront have been removed and replaced with glazing. This has opened up the front façade at the ground floor level and creates better sight lines for both pedestrians and vehicles.

 

The amended plans go some way in addressing the issues of non-compliance such as removing the non-compliance with the floor space ratio and as such providing a greater setback at the rear and reducing the overall height, however this doesn’t reach full compliance with the statutory height limit or with the height plane (as specified in the DCP for Matraville) or address the non-compliance with the minimum car parking requirements.

 

CONCLUSION:

 

The original planning report to Council recommended several deferred commencement conditions to be satisfied prior to the issuing of consent. The most pertinent condition is for the removal of units 4,5 and 6. The intention of this was to reduce the bulk and scale of the rear building in order to achieve a better transition from the commercial to the residential area at the rear and to reduce the potential of amenity impacts onto these properties. The removal of these units will also achieve general compliance with the main statutory planning controls relating to floor space, the height plane and car parking.

 

The amended plans lodged on the 19 th April 2004 go some way to addressing non-compliances by creating a building that now complies with the floor space ratio. The proposal still fails to comply with several planning controls and the deferred commencement condition requiring a 9m setback from the rear should be retained.  It does however address the concerns raised by the immediately adjoining residents at No.550 and 554 Bunnerong Road in that there will be no windows along the southern and northern elevations.

RECOMMENDATION:

 

It is recommended that Council adopt one of the recommendations below:

 

1.       Grant consent to the development application in accordance with the original recommendation dated 15 January 2004, which sought a Deferred Commencement by deleting three units from the development (Annexure A). This will include the removal of deferred condition No.5.

 

2.       Grant consent to the development application in accordance with the amended plans received by Council on 19 April 2004 (Annexure B)

 

ATTACHMENT/S:

 

Annexure A – Conditions of consent – Original recommendation in the Director of Planning & Community Development’s Report dated 15 January 2004.

Annexure B – Condition of consent – Amended plans dated 19 April 2004.

Annexure C – Amended plans in A4 dated 19 April 2004.

Annexure D – Original report by the Director of Planning and Community Development dated 15 January 2004.

 

 

………………………………

………………………………

SIMA TRUUVERT

LARISSA OZOG

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

CO-ORDINATOR OF ASSESSMENTS

 


Annexure A - Conditions of Consent - Original recommendation in the Director of Planning & Community Development's Report dated 15 January 2004.

 

A.      THAT Council assume the concurrence of the Director, Department of Infrastructure, Planning and Natural Resources to vary the provisions of Clause 32(3) and Clause 33(5) of the Randwick Local Environmental Plan 1998 (as amended) relating to Demolition of existing dwelling on the site and construct new mixed use development comprising 12 dwellings and one commercial tenancy with semi-basement parking for 13 cars under State Environmental Planning Policy No. 1.

 

AND

 

B.      THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 448/2003 for Demolition of existing dwelling on the site and construct new mixed use development comprising 12 dwellings and one commercial tenancy with semi-basement parking for 13 cars at 552 Bunnerong Road, Matraville subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.         A full set of plans, sections and elevations showing the deletion of Units 4,5 and 6. This condition is imposed to reduce the height of the building to an acceptable level to maintain residential amenity and reduce the impact of the proposal on carparking in the area.

 

2.         The western wall of the rear portion of the development is to be setback 9.0 metres from the rear boundary of the site for its full length. Compliance with this condition is not to result in a reduction in the width of the internal courtyard (measured external wall to external wall) to less than 11.0 metres

 

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

 

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

 

4.         Details of proposed plantings to the rear boundary of the site, including species, pot size and size at maturity as well as details of soil depth along the rear boundary are to be submitted to and approved by Council’s Director Planning and Community Development.

 

5.         Prior to the development consent becoming operational the applicant shall submit amended plans that show the internal driveway being a minimum 5.50m wide (clear width) for the first 5metres e the property so as to allow entering and exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

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

 

Development Consent Conditions

 

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

 

REFERENCED PLANS

 

1.         The development must be implemented substantially in accordance with the plans drawn by CS & A, numbered Project No. 0028 and drawing numbers DA/01-D/A10, dated Nov 2003 and received by Council on 14/11/03, 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:

 

RTA Conditions of Consent

 

2.         The proposed driveway is to be a “Type 1” with minimum width of 5.5 metres, for a distance of 6 metres from the frontage roadway of Bunnerong Road in accordance with AS 2890.1-1993.

 

3.         The design and construction of gutter crossing in Bunnerong Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA’s Project Services Manager, Traffic Projects Section Blacktown (Ph: 02 88142144). You are advised that liaison with Council’s Assets and Infrastructure Department in relation to the design and construction of the gutter crossing is also required.

 

4.         “No Stopping” parking restriction is to be implemented along the Bunnerong Road frontage of the subject property, subject to the concurrence of the Randwick Traffic Committee.

 

Prior to the installation of the “No Stopping” parking restriction (along Bunnerong Road), the applicant is to contact the RTA’s Traffic Management Services on (Ph: 02 8814 2329) for a Works Instruction.

 

5.         All works associated with the subject development shall be carried out at no cost to the RTA.

 

Development Consent Conditions

 

6.         There shall be no windows or openings sited along the southern or northern elevations.

 

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

 

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

 

8.         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.

 

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

 

10.       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.

 

11.       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 Tanks Policy.

 

The tank is to be located a minimum of 500mm from the side boundaries and is to have a maximum height above ground level of 2.4 metres. The tank is to be installed behind the front building line and is to be located at podium level and incorporated into the landscaping plans for the site. The noise level from any pump is not to exceed 5dBA above ambient background noise, measured at the property boundary. Overflow is to be directed to Council’s approved stormwater system or suitable absorption area (designed by a professional engineer, building surveyor or accredited certifier).

 

This condition is imposed to ensure compliance with Council’s Rainwater Tank Policy and promote the principles of water conservation and ecologically sustainable design (ESD). Details required by this condition are to be included with the Construction Certificate application.

 

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

 

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

 

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

 

13.       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               $12,208.65

b)       for the provision or improvement of community facilities   $  5,398.10

c)       for townscape improvements                                                       $  2,900.00

 

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

 

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

 

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

 

15.       The car parking spaces and driveways must be kept clear of goods at all times and must not be used for storage purposes.

 

16.       In order to secure the carparking from the street, a security grill is to be provided at the carpark entry. Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

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:

 

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

 

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

 

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

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

23.       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.

 

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

 

a.         all of the premises adjoining the subject site

 

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

 

25.       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.

 

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

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

 

27.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993 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.

 

28.       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.

 

29.       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.

 

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

 

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

 

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

 

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

 

·          Sediment control measures.

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

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

 

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

 

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

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

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

 

32.       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.

 

33.       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.

 

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

 

a.   car parking and vehicular access

b.   landscaping

c.   stormwater drainage

d.   external finishes and materials

 

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

 

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

 

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

 

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

 

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

 

37.       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.

 

38.       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.

 

39.       Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval.

 

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

 

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

 

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

 

41.       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.

 

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

 

43.       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”.

 

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

50.       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.

 

51.       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.

 

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

 

53.       Temporary hoardings or fences and public access are required to be designed in accordance with the following requirements (as applicable):

 

·          The hoarding/fence is required to be structurally adequate, and be constructed of plywood sheeting, painted white or cyclone wire fencing material with geotextile fabric attached to the inside of the fence to provide dust control.  The hoarding/fence is to be maintained in good condition at all times.

 

·          The hoarding/fencing is required to be constructed at a minimum height of 1.8 metres.

 

·          A path of travel having a minimum width of 1.5m is to be maintained across the front of the site and safe pedestrian access is to be provided at all times

 

·          Hoardings and fences are not to obstruct access for services including fire services.

 

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

 

·          Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

 

·          The hoarding/fence is to be provided with reflective barricades, lights or other devices, to provide adequate warning to pedestrians and motorists.

 

·          The hoarding/fence is to be constructed so that it will not obstruct the view of motorists, pedestrians or traffic lights.

 

·          Site access gates to the site shall not open over the footway/road.

 

·          The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council prior to the construction of any hoarding/fence upon the road reserve/footway.

 

·          Geotextile fabric or other suitable material is to be provided to the perimeter of any scaffolding during construction, to prevent any articles from falling to a public place or adjoining premises.

 

54.       ‘B’ Class’ overhead type hoardings and public access are required to be designed in accordance with the following requirements (as applicable).

 

·          The hoarding is to be designed so that the wind loads comply with AS1170.2.  Superimposed loads from site sheds and materials not to exceed 40% of the design live loads.  The structure should have a factor of safety of 1.5 against overturning and 2 against sliding.

 

·          Footings to the hoarding are to be located and designed so as not to have an adverse affect upon underground services or the like.  The hoarding is to be able to withstand a vehicle impact and removal of any one column anywhere in the structure and a minimum length of 2m of wall supporting the deck on any one side supporting the structure is required.

 

·          Metal parts of the hoarding or associated structures to be not less than 4m from any power line, transmission line or transmission apparatus or 1.5m from part for non conductive materials, such as timber.

 

·          Adequate artificial lighting is to be provided to the hoarding.

 

·          A suitable system of buffer railing or barriers, particularly at locations such as an intersection or sharp bend.

 

·          A minimum overhead clearance of 2.2m is to be provided below the hoarding.

 

·          The street side of the hoarding is to be open for at least 2/3 of its full height for the length of the structure to prevent a tunnel effect.

 

·          Waterproofing of the deck above the footway is required to be provided and adequate provisions are to be made for the disposal of stormwater.

 

·          The hoarding is to be painted white or other light colour acceptable to Council.

 

·          Site sheds or accommodation located on top of a hoarding within a designated crane area or where materials are being lifted over are required to sustain a 10Kpa load and a protective fence and handrails are to be provided.

 

·          The hoarding is to be erected and maintained fully in accordance with the requirements of Work Cover New South Wales.

 

·          Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

 

·          A certificate of structural adequacy prepared by a professional engineer is to be submitted to the certifying authority upon installation (and a copy of the certificate is to be forwarded to the Council if it is not the certifying authority) certifying the structural adequacy of the hoarding and compliance with Councils conditions of consent and relevant requirements of WorkCover New South Wales.

 

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

 

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

 

56.       Access for persons with disabilities, being provided to the ground floor retail shop in accordance with Part D3 of the Building Code of Australia.  Details of compliance are required to be provided in the relevant plans and specifications for the construction certificate for the development.

 

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

 

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

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

·          Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

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

 

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

 

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

 

The design and construction of the new gutter crossing is to be in accordance with RTA requirements.

 

b)      Remove the redundant concrete vehicular crossing and layback and to reinstate the area to Council's specification.

 

c)       Reconstruct any damaged sections of kerb and gutter along the site frontage.

 

d)      Reconstruct the full Bunnerong Road site frontage in accordance with Council’s Urban Design Guidelines for Matraville Commercial Centre It is noted that this will include footpath reconstruction along the full site frontage together with seat installations, bins and tree grates as required by Council’s Landscape Architect.

 

It is further noted that the works on Council’s verge may include stair and handrail construction to transition between the alignment level and the natural surface level on the adjacent property, together with regrading of the verge as required.

 

64.       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 metres by 1.5 metres to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

65.       Provision shall be made onsite for all construction related activities. This condition has been included to alleviate any need to park construction vehicles in Bunnerong Road.

 

66.       The layout of the basement carpark, including aisle widths, turn path and car space dimensions are to be, at a minimum, in accordance with AS 2890.1 – 1993.

 

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

 

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 front property boundary for driveways, access ramps and pathways or the like, shall be:

 

·          At RL 15.65 (AHD) at the northern boundary;

·          At RL 15.75 (AHD) at the southern boundary; and

·          Grade linearly between the two points specified above

 

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.

 

67.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the existing footpath must be indicated on the building plans for the construction certificate.

 

68.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $369 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:

 

69.       A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

70.       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.

 

71.       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.

 

72.       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.

 

73.       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:

 

74.       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.

 

75.       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.

 

76.       On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

77.       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.

 

78.       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.

 

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

84.       Stormwater pipes shall be located in accessible locations.

 

85.       Pump out systems will only be considered if the applicant can demonstrate 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.

 

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

 

a)       within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)       prior to stormwater discharging into any absorption/infiltration system.

 

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

 

·          The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

 

·        The pit must be constructed from cast in-situ concrete, precast concrete or double brick.

 

·        The grate is to be a galvanised heavy-duty grate that has a provision for a child proof fastening system.

 

·        A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

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

 

·        A child proof and corrosion resistant fastening system for the access grate (e.g. similar to a Weldlock spring loaded jay-bolt).

 

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·            A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

88.       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.

 

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

 

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

b)         The car washing bay must be located outside any required/approved stormwater detention system.

 

c)         The car washing bay must be signposted with Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

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

 

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

 

90.       Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)         The location of the detention basin with finished surface levels;

b)         Finished site contours at 0.2 metre intervals;

c)         Volume of storage available in the detention areas;

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

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

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

 

91.       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.

 

92.       Should the above site 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).

 

93.       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:

 

94.       The residential garbage room areas shall be sized to contain a total of 12 x 240 litre bins (6 garbage bins & 6 recycle bins) whilst providing satisfactory access to these bins.

 

95.       The commerical garbage room areas shall be sized to contain a total of 2 x 240 litre bins (1 garbage bin & 1 recycle bin) whilst providing satisfactory access to these bins.

 

96.       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.

 

97.       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.

 

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

 

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

 

99.       The landscaped areas shown on the plan number DA/02 dated Nov 03 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.         The landscape plan shall show a minimum number of 10 x 75 litre broad canopied trees (not palms) suitably located within the rear of the site. The trees selected shall be of a species that attain a maximum height of 8 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.

 

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

 

101.     The applicant shall submit a landscape design for the Bunnerong Street frontage of the development in accordance with Council’s Urban Design Guidelines for Matraville Commercial Center. The landscape design shall include pavements, seat installations, bins 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.

 

All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

 

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 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 Bunnerong Road site frontage.

 

102.     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 pecifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

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

 

104.     Any 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.

 

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

 

106.     A refundable deposit in the form of cash, cheque, or bank guarantee for the amount of $12,000.00 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.

 

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

 

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

 

            a)      Part C3            -              Protection of openings

            b)      Part D1            -              Provisions for escape

            c)      Part D2            -              Construction of exits

            d)      Part D3            -              Access for people with disabilities

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

            f)       Part E1             -              Fire fighting equipment

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

 

            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.

 

 

 

 


ANNEXURE B – Conditions of consent – amended plans dated 19 April 2004

 

Recommendation:

 

A.      THAT Council assume the concurrence of the Director, Department of Infrastructure, Planning and Natural Resources to vary the provisions of Clause 32(3) and Clause 33(5) of the Randwick Local Environmental Plan 1998 (as amended) relating to Demolition of existing dwelling on the site and construct new mixed use development comprising 12 dwellings and one commercial tenancy with semi-basement parking for 13 cars under State Environmental Planning Policy No. 1.

 

AND

 

B.      THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 448/2003 for Demolition of existing dwelling on the site and construct new mixed use development comprising 12 dwellings and one commercial tenancy with semi-basement parking for 13 cars at 552 Bunnerong Road, Matraville subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

 

1.         The western wall of the rear portion of the development is to be setback 9.0 metres from the rear boundary of the site for its full length. Compliance with this condition is not to result in a reduction in the width of the internal courtyard (measured external wall to external wall) to less than 11.0 metres

 

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 (ie. a schedule and brochure/s or sample board), are to be submitted to and approved by Council’s Director of Planning and Community Development.

 

3.         Details of proposed plantings to the rear boundary of the site, including species, pot size and size at maturity as well as details of soil depth along the rear boundary are to be submitted to and approved by Council’s Director Planning and Community Development.

 

4.         Prior to the development consent becoming operational the applicant shall submit amended plans that show the internal driveway being a minimum 5.50m wide (clear width) for the first 5 metres inside the property so as to allow entering and exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

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

 

Development Consent Conditions

 

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

 

REFERENCED PLANS

 

1.         The development must be implemented substantially in accordance with the plans drawn by CS & A, numbered Project No. 0028 and drawing numbers DA/01-D/A10, dated Nov 2003 and received by Council on 14/11/03, the application form and on any supporting information received with the application and as amended by the plans received and stamp dated 19 April 2004 except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

RTA Conditions of Consent

 

2.         The proposed driveway is to be a “Type 1” with minimum width of 5.5 metres, for a distance of 6 metres from the frontage roadway of Bunnerong Road in accordance with AS 2890.1-1993.

 

3.         The design and construction of gutter crossing in Bunnerong Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA’s Project Services Manager, Traffic Projects Section Blacktown (Ph: 02 88142144). You are advised that liaison with Council’s Assets and Infrastructure Department in relation to the design and construction of the gutter crossing is also required.

 

4.         “No Stopping” parking restriction is to be implemented along the Bunnerong Road frontage of the subject property, subject to the concurrence of the Randwick Traffic Committee.

 

Prior to the installation of the “No Stopping” parking restriction (along Bunnerong Road), the applicant is to contact the RTA’s Traffic Management Services on (Ph: 02 8814 2329) for a Works Instruction.

 

5.         All works associated with the subject development shall be carried out at no cost to the RTA.

 

Development Consent Conditions

 

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

 

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

 

8.         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.

 

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

 

10.       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.

 

11.       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 Tanks Policy.

 

The tank is to be located a minimum of 500mm from the side boundaries and is to have a maximum height above ground level of 2.4 metres. The tank is to be installed behind the front building line and is to be located at podium level and incorporated into the landscaping plans for the site. The noise level from any pump is not to exceed 5dBA above ambient background noise, measured at the property boundary. Overflow is to be directed to Council’s approved stormwater system or suitable absorption area (designed by a professional engineer, building surveyor or accredited certifier).

 

This condition is imposed to ensure compliance with Council’s Rainwater Tank Policy and promote the principles of water conservation and ecologically sustainable design (ESD). Details required by this condition are to be included with the Construction Certificate application.

 

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

 

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

 

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

 

13.       In accordance with Council’s Section 94 Contributions Plan effective from 2 September 1999, the following monetary contribution is to be paid to Council.

 

a)       for the provision or improvement of open space               $14,085.28

b)       for the provision or improvement of community facilities   $  6568.32

c)       for townscape improvements                                                       $  2,900.00

 

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

 

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

 

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

 

15.       The car parking spaces and driveways must be kept clear of goods at all times and must not be used for storage purposes.

 

16.       In order to secure the carparking from the street, a security grill is to be provided at the carpark entry. Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

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:

 

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

 

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

 

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

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

23.       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.

 

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

 

a.         all of the premises adjoining the subject site

 

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

 

25.       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.

 

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

 

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

 

27.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993 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.

 

28.       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.

 

29.       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.

 

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

 

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

 

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

 

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

 

·          Sediment control measures.

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

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

 

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

 

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

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

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

 

32.       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.

 

33.       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.

 

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

 

a.   car parking and vehicular access

b.   landscaping

c.   stormwater drainage

d.   external finishes and materials

 

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

 

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

 

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

 

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

 

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

 

37.       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.

 

38.       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.

 

39.       Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval.

 

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

 

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

 

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

 

41.       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.

 

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

 

43.       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”.

 

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

50.       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.

 

51.       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.

 

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

 

53.       Temporary hoardings or fences and public access are required to be designed in accordance with the following requirements (as applicable):

 

·        The hoarding/fence is required to be structurally adequate, and be constructed of plywood sheeting, painted white or cyclone wire fencing material with geotextile fabric attached to the inside of the fence to provide dust control.  The hoarding/fence is to be maintained in good condition at all times.

 

·        The hoarding/fencing is required to be constructed at a minimum height of 1.8 metres.

 

·        A path of travel having a minimum width of 1.5m is to be maintained across the front of the site and safe pedestrian access is to be provided at all times

 

·        Hoardings and fences are not to obstruct access for services including fire services.

 

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

 

·        Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

 

·        The hoarding/fence is to be provided with reflective barricades, lights or other devices, to provide adequate warning to pedestrians and motorists.

 

·        The hoarding/fence is to be constructed so that it will not obstruct the view of motorists, pedestrians or traffic lights.

 

·        Site access gates to the site shall not open over the footway/road.

 

·        The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council prior to the construction of any hoarding/fence upon the road reserve/footway.

 

·        Geotextile fabric or other suitable material is to be provided to the perimeter of any scaffolding during construction, to prevent any articles from falling to a public place or adjoining premises.

 

54.       ‘B’ Class’ overhead type hoardings and public access are required to be designed in accordance with the following requirements (as applicable).

 

·        The hoarding is to be designed so that the wind loads comply with AS1170.2.  Superimposed loads from site sheds and materials not to exceed 40% of the design live loads.  The structure should have a factor of safety of 1.5 against overturning and 2 against sliding.

 

·        Footings to the hoarding are to be located and designed so as not to have an adverse affect upon underground services or the like.  The hoarding is to be able to withstand a vehicle impact and removal of any one column anywhere in the structure and a minimum length of 2m of wall supporting the deck on any one side supporting the structure is required.

 

·        Metal parts of the hoarding or associated structures to be not less than 4m from any power line, transmission line or transmission apparatus or 1.5m from part for non conductive materials, such as timber.

 

·        Adequate artificial lighting is to be provided to the hoarding.

 

·        A suitable system of buffer railing or barriers, particularly at locations such as an intersection or sharp bend.

 

·        A minimum overhead clearance of 2.2m is to be provided below the hoarding.

 

·        The street side of the hoarding is to be open for at least 2/3 of its full height for the length of the structure to prevent a tunnel effect.

 

·        Waterproofing of the deck above the footway is required to be provided and adequate provisions are to be made for the disposal of stormwater.

 

·        The hoarding is to be painted white or other light colour acceptable to Council.

 

·        Site sheds or accommodation located on top of a hoarding within a designated crane area or where materials are being lifted over are required to sustain a 10Kpa load and a protective fence and handrails are to be provided.

 

·        The hoarding is to be erected and maintained fully in accordance with the requirements of Work Cover New South Wales.

 

·        Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

 

·        A certificate of structural adequacy prepared by a professional engineer is to be submitted to the certifying authority upon installation (and a copy of the certificate is to be forwarded to the Council if it is not the certifying authority) certifying the structural adequacy of the hoarding and compliance with Councils conditions of consent and relevant requirements of WorkCover New South Wales.

 

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

 

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

 

56.       Access for persons with disabilities, being provided to the ground floor retail shop in accordance with Part D3 of the Building Code of Australia.  Details of compliance are required to be provided in the relevant plans and specifications for the construction certificate for the development.

 

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

 

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

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

·          Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

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

 

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

 

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

 

The design and construction of the new gutter crossing is to be in accordance with RTA requirements.

 

b)         Remove the redundant concrete vehicular crossing and layback and to reinstate the area to Council's specification.

 

c)         Reconstruct any damaged sections of kerb and gutter along the site frontage.

 

d)         Reconstruct the full Bunnerong Road site frontage in accordance with Council’s Urban Design Guidelines for Matraville Commercial Centre It is noted that this will include footpath reconstruction along the full site frontage together with seat installations, bins and tree grates as required by Council’s Landscape Architect.

 

It is further noted that the works on Council’s verge may include stair and handrail construction to transition between the alignment level and the natural surface level on the adjacent property, together with regrading of the verge as required.

 

64.       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 metres by 1.5 metres to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

65.       Provision shall be made onsite for all construction related activities. This condition has been included to alleviate any need to park construction vehicles in Bunnerong Road.

 

66.       The layout of the basement carpark, including aisle widths, turn path and car space dimensions are to be, at a minimum, in accordance with AS 2890.1 – 1993.

 

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

 

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 front property boundary for driveways, access ramps and pathways or the like, shall be:

 

·          At RL 15.65 (AHD) at the northern boundary;

·          At RL 15.75 (AHD) at the southern boundary; and

·          Grade linearly between the two points specified above

 

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.

 

67.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the existing footpath must be indicated on the building plans for the construction certificate.

 

68.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $369 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:

 

69.       A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

70.       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.

 

71.       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.

 

72.       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.

 

73.       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:

 

74.       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.

 

75.       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.

 

76.       On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

77.       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.

 

78.       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.

 

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

84.       Stormwater pipes shall be located in accessible locations.

 

85.       Pump out systems will only be considered if the applicant can demonstrate 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.

 

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

 

a)       within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)       prior to stormwater discharging into any absorption/infiltration system.

 

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

·        The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

 

·        The pit must be constructed from cast in-situ concrete, precast concrete or double brick.

 

·        The grate is to be a galvanised heavy-duty grate that has a provision for a child proof fastening system.

 

·        A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

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

 

·        A child proof and corrosion resistant fastening system for the access grate (e.g. similar to a Weldlock spring loaded jay-bolt).

 

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·        A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

88.       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.

 

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

 

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

 

b)         The car washing bay must be located outside any required/approved stormwater detention system.

 

c)         The car washing bay must be signposted with Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

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

 

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

 

90.       Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)         The location of the detention basin with finished surface levels;

b)         Finished site contours at 0.2 metre intervals;

c)         Volume of storage available in the detention areas;

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

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

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

 

91.       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.

 

92.       Should the above site 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).

 

93.       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:

 

94.       The residential garbage room areas shall be sized to contain a total of 12 x 240 litre bins (6 garbage bins & 6 recycle bins) whilst providing satisfactory access to these bins.

 

95.       The commerical garbage room areas shall be sized to contain a total of 2 x 240 litre bins (1 garbage bin & 1 recycle bin) whilst providing satisfactory access to these bins.

 

96.       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.

 

97.       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.

 

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

 

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

 

99.       The landscaped areas shown on the plan number DA/02 dated Nov 03 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

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

 

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

 

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

 

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

 

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

 

g.         The landscape plan shall show a minimum number of 10 x 75 litre broad canopied trees (not palms) suitably located within the rear of the site. The trees selected shall be of a species that attain a maximum height of 8 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.

 

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

 

101.     The applicant shall submit a landscape design for the Bunnerong Street frontage of the development in accordance with Council’s Urban Design Guidelines for Matraville Commercial Center. The landscape design shall include pavements, seat installations, bins 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.

 

All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

 

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 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 Bunnerong Road site frontage.

 

102.     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 pecifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

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

 

104.     Any 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.

 

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

 

106.     A refundable deposit in the form of cash, cheque, or bank guarantee for the amount of $12,000.00 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.

 

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

 

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

 

            a)      Part C3            -              Protection of openings

            b)      Part D1            -              Provisions for escape

            c)      Part D2            -              Construction of exits

            d)      Part D3            -              Access for people with disabilities

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

            f)       Part E1             -              Fire fighting equipment

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

 

            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.


ANNEXURE C- Amended plans A4 dated 19 April 2004


ANNEXURE D – Original report by Director of Planning and Community Development dated 15 January 2004.

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

15 January, 2004

FILE NO:

D0448/2003

 

PROPOSAL:

 Demolition of existing dwelling on the site and construct new mixed use development comprising 12 dwellings and one commercial tenancy with semi-basement parking for 13 cars

PROPERTY:

 552 Bunnerong Road, Matraville

WARD:

 South Ward

APPLICANT:

 CS+A Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Charles Matthews, Bruce Notley-Smith, Ted Seng.

 

The applicant is seeking approval to demolish the existing dwelling on the site, excavate and construct a single level of semi-basement carparking and a new mixed use development on the site at 552 Bunnerong Road, Matraville. The development will comprise 12 residential units and one commercial tenancy within a 3-4 storey envelope. Pedestrian and vehicular access to the development will be via Bunnerong Road. The estimated cost of the works is $1,726,350.

 

The recommendation is for deferred commencement, subject to conditions.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to demolish the existing dwelling on the site and construct a mixed-use development with twelve (12) dwellings (5x2 bed, 1 x studio and 6x1 bed units) and a ground floor commercial tenancy. The building is comprised of a four storey wing to the front of the site with a three storey wing over semi-basement parking to the rear of the site. The two wings are separated by a podium above the carparking that provides common open space to the development. Thirteen (13) semi-basement car parking spaces are proposed with access from Bunnerong Road.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is located on the western side of Bunnerong Road in Matraville, one allotment to the north of Harold Street and consists of a single residential lot. The site has a frontage to Bunnerong Road of 13.425m. The site is slightly irregular with side boundaries to the north and south of 45.72 and 44.76 metres respectively. The rear  (western) boundary measures 15.15 metres. The total area of the site is 646m² and it has a fall of up to 300mm from east to west (front to rear).

 

The site is currently occupied by a single storey brick and tile dwelling. The house is located approximately 26 metres from the rear boundary and has a grassed area without significant planting to the rear. An existing driveway crossover and carport exist on the northern boundary.

 

Development in the locality is characterised by a mix of uses due to the range of zonings in the area. Sites to the rear of the subject site are zoned 2(a) and this area is characterised by 1-2 storey detached dwellings. Adjacent to the site to the north is a new 3-4 storey residential flat building with shops at its ground floor level (550 Bunnerong Road). To the south of the site is a single storey brick and tile dwelling similar in age and size to the house on the subject site. The allotments facing Bunnerong Road are located at the southern end of the Matraville Commercial Centre (which terminates at Harold Street, to the south of the site).

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A pre-lodgement meeting was held between the applicant and Council on 9 April, 2003. At this meeting issues were identified with the development concept and the applicant was advised that the scheme submitted would not be supported by Council. The number and mix of units proposed, insufficient carparking and inadequate rear setback were listed as major impediments to the proposal. It was made clear in the prelodgment advice that the site may not be able to accommodate a yield commensurate with the FSR and height controls if carparking controls were not met.

 

Despite prelodgment advice given by Council officers, the current scheme is similar in density to the scheme presented at the prelodgement meeting (13 units). However, the building form has changed from the pre-DA submission, presenting two wings in accordance with advice from Council’s Design Review Panel and changing the unit mix to increase the number of 2 bedroom units. The current scheme represents a reduction in the number of units proposed in the prelodgement scheme from 13 to 12, and changes to the articulation, materials and finishes proposed have also been made.

 

The Design Review Panel considered the proposal at its August and October meetings. Initially the Panel raised concerns with the layout of the building on the site and the potential for impacts on surrounding properties as a result of blank perimeter walls. At the second meeting the Panel commended the amendments made to the proposal and noted that privacy, landscaping, articulation of boundary walls, environmental initiatives, materials and the façade were issues to be resolved.

 

In response to this advice, the applicant lodged amended plans on 14 November 2003. These plans show additional landscaping, windows to boundary walls and greater separation between units within the development in accordance with the advice of the Design Review Panel. These plans are the subject of this assessment.

 

5.    COMMUNITY CONSULTATION:

 

The original proposal was notified to surrounding property owners on 25 June 2003. The proposal has also been advertised in the local press. In response to this notification/advertising, the following submissions were received:-

 

5.1 Objections

 

1.         I. Borg on behalf of A. Fassilis, 554 Bunnerong Road, Matraville

·        Concerned that no notification letter was received by managing agents of the property at 554 Bunnerong Road.

 

2.         A.Fassilis, 554 Bunnerong Road c/- 4 Lowing Close, Forestville

·        No notification letter received

·        Nil setback to common boundary with 12 metre high wall will dominate the environment

·        Concern regarding encroachment of footings

·        Overshadowing

·        Loss of outlook

·        Traffic into Harold Street will create a hazard and nuisance

·        Safety/ security and privacy impacts during construction

·        Stormwater runoff and fumes from carparking level are of concern

·        Removal of boundary fence for redevelopment of 552 Bunnerong Road will leave my property unsecured and will impact on privacy

·        Allotments at 552 and 554 Bunnerong should be developed together

 

3.         K & C Toms, 16/550 Bunnerong Road, Matraville

·        Loss of natural light

·        Loss of privacy

 

4.         C. Lloyd, address withheld

·        Excessive height – out of character and unreasonable impacts on amenity

·        Rear setback non-compliance

·        Tree proposed to the rear will take years to grow to provide visual screening

·        Proposed planter boxes are not appropriate to first floor common space

·        Privacy impacts due to non-compliance with rear setbacks

·        Overshadowing

·        Loss of outlook

·        Inadequate size of balconies

·        Parking deficiencies

·        Insufficient natural light and solar access to development itself, lack of natural ventilation does not meet ESD criteria

·        Inadequate landscaping

·        Inadequate amenity for future residents and neighbours

 

5.             The Landmark Building Owners Corporation, 550 Bunnerong Road, Matraville (c/- 69 Austral Street, Malabar)

·        Non-compliance with view sharing requirements – loss of outlook

·        Non-compliance with parking requirements

·        Impact on privacy of units at 550 Bunnerong Road

·        Increased overshadowing and dampness

·        Proposal has minimal local business opportunities despite its location in the 3(b) zone

 

The amended plans were re-notified and re-advertised in the local press in accordance with Council’s Notifications DCP on 3 December 2003 and resulted in the following submissions:

 

1.             J. Briffa, 69 Harold Street, Matraville

·        Excessive height

·        Inadequate parking, will impacts on Harold Street

·        Reduced number of units will improve parking non-compliances

 

2.             A.Fassilis, c/- 4 Lowing Close, Forestville (owner of 554 Bunnerong Rd)

·        Requires that no windows be placed in southern elevation of the development to ensure that future development potential of this site is not reduced

·        Zero boundary setback should be allowed for both properties at 552 and 554 Bunnerong Road

·        Overshadowing

 

3.             The Landmark Building Owners Corporation, 550 Bunnerong Road, Matraville (c/- 69 Austral Street, Malabar)

·        Previous objections still stand

·        Exceeds density

·        Inadequate parking and misleading information in the traffic and parking study

·        Radius of 200m to justify use of on-street parking in the traffic report is unrealistic

·        Driveway is likely to result in traffic queueing and reduced pedestrian safety

·        Privacy impacts to residents at 550 Bunnerong Road, no privacy screening

·        Density should be reduced and balconies redesigned

 

4.             F & S Nolan, 68 Harold Street, Matraville

·        Size of 2 Honey Locus trees – should be mature and acceptable to provide privacy screening from rear balconies

·        Lack of parking, should comply with DCP

·        Height of the proposal is intrusive and results in privacy impacts

 

5.             D. Barden & P. Mihalj, 17/550 Bunnerong Road, Matraville

·        Non-compliances with height, privacy, setbacks, obstruction of views

·        Reduction in light, privacy and views

·        Amended application is still unsuitable for the block, recommends removal of top floor in its entirety

 

6.             C.Lloyd, address withheld

·        Holistic view of non-compliances deems the proposal unsatisfactory. Non-compliances exist with parking, height, setbacks, density, solar access and fire safety

·        Private transport is required from Matraville to amenities and services and this makes parking non-compliance a more significant issue than in other areas

·        Site is too small to accommodate the proposal

·        Privacy issue from northern wall has not been addressed, planter boxes must be maintained to achieve screening

·        Honey Locust trees are inappropriate

·        No identification of species on rear boundary to provide privacy screening

·        Loss of views from 550 Bunnerong Road, balconies will be intruded upon

·        Insufficient setbacks, particularly to the rear

·        Density calculations are unclear

·        Non-compliance with solar access, privacy impacts will result in curtains being drawn

 

7.             H.Widjaja, 70 Harold Street, Matraville

·        Inability to meet overshadowing, car parking and privacy requirements

·        Parking impacts on Harold Street

·        Height should be reduced to minimise privacy impacts

 

8.             P.Zabolozki, 548 Bunnerong Road, Matraville

·        Customers can’t park to visit my shop, additional parking impacts of the proposal will further reduce parking availability

·        Development is oversized for the block

 

9.             J. Leighton, 556 Bunnerong Road, Matraville

·        Loss of privacy, sunlight, inadequate parking facilities, inappropriate development for the site

·        Matraville already has an oversupply of units

 

10.           Y.Riffis, 555 Bunnerong Road, Matraville

·        Reduction in privacy, sunlight and more noise as a result of the proposal

 

A petition carrying 59 signatures was also received making the following objections:

·        Non-compliance with car space requirements, burdening residents and businesses in the area

·        Overshadowing of properties along Bunnerong Road and Harold Street

·        Inappropriate plant species, density, bulk and scale will have adverse impact on views and privacy for surrounding residents

·        Non compliance with the western setback causing privacy impacts

·        Increased pressure on stormwater and sewerage services.

·        Top floor level of the development should be removed

 

Submissions made by residents have been addressed throughout this report. The major issues of traffic and parking and rear setback, height and density have been addressed through deferred commencement condition 1. This condition reduces the height of the rear wing of the building by 1 storey by deleting 3 x 1 bedroom units on ground floor level. The reduced height of the rear portion of the building has reduced the potential for privacy and view impacts on surrounding properties. The rear setback is to be a minimum of 9 metres to protect the privacy of dwellings to the rear. The reduction in dwelling numbers has reduced the number of parking spaces required and resulted in compliance with Council’s controls.

 

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   Manager, Environmental Health and Building

 

The Manger, Environmental Health and Building has provided the following comments:

 

The proposal

 

Demolition of the existing brick and file cottage and construction of new ground floor commercial and car park as well as three (3) levels of residential flats.

 

BCA Building Classification

 

§  Class 6        -           Shops

§  Class 2        -           Residential units

§  Class 7a      -           Car park

 

Key Issues

 

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

 

RECOMMENDATION:

 

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

 

Conditions recommended by the Manager, Environmental Health and Building have been included in the recommendation section of this report (see Conditions 17-60).

 

6.2   Director, Assets and Infrastructure Services

 

The Director of Assets & Infrastructure has provided the following comments:

 

An application has been received for construction of a four storey residential flat building at the above site containing 12 units and 1 commercial tenancy, with one level of basement carparking.

 

Landscape Comments

 

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

 

As per the guidelines set out in the DCP for Multi-Unit Housing, a minimum of 50% of the total site area must be provided as landscaped area and landscaped areas on podiums or over basement car parks is no to exceed 50% of the landscaped area. According to the submitted plans, only 40% of the total site area is proposed as landscaped areas. The EPCD Department should determine whether this is satisfactory

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

Traffic Comments

 

The average traffic generation for the proposed residential development consisting of 12 residential units will be in the range of 48 to 60 vehicle movements per day.

 

The expected peak flow volume of approximately 6 vehicles per hour is considered low and no delays should be experienced in Bunnerong 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. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

The driveway opening at the Bunnerong Road frontage should be 5.50 metres wide for the first 5 metres within the property and located at least 1.0 metre clear of the side property boundary. The submitted plans show the driveway opening directly adjacent to the property boundary and only 3.50m wide. The applicant proposes to address the issue of entering and exiting vehicles passing each other, by widening the section of the driveway on Council’s property.

 

The AIS Department does not support this proposal as vehicles would not be perpendicular to the roadway when using the passing bay, and pedestrian safety may be compromised. It is recommended that the applicant be requested to submit amended plans which show the driveway being a minimum of 5.5 metres wide for the first 5 metres within the property, and set back a minimum of 1 metre from the side property boundary. It is noted that the applicant was advised of these requirements prior to the amended plans dated 14 November being received, however the amended plans do not reflect these requirements.

 

Widening of the internal driveway to 5.5 metres (as recommended by the AIS Department) would appear to involve substantial redesign of the basement and ground floor carpark, thus it is recommended that amended plans showing the redesign be obtained prior to any form of development approval being issued. However, should the EPCD Department determine that the application is to be approved in its current form it is recommended that the following deferred commencement condition be attached to the approval:

 

1)   Prior to the development consent becoming operational the applicant shall submit amended plans that show the internal driveway being a minimum 5.50m wide (clear width) for the first 5 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

It should be noted that whilst the AIS Department objects to the proposed driveway, the RTA, in granting concurrence, conditioned for the driveway to be minimum 5.5m wide for a distance of 6m from the frontage roadway of Bunnerong Road. Thus the applicant’s proposal to widen a section of the driveway on Council’s property would appear to comply with the RTA’s requirements.

Carpark Layout

For a development of this size, Council’s DCP – Parking requires the provision of 17 spaces, that is 13 residential spaces, 1 commercial space and 3 visitor spaces.

 

The amended plans show a total of 13 car spaces being provided on-site, including 12 residential spaces, 1 commercial space and no visitor spaces, resulting in a deficit of 4 spaces. The AIS Department does not support the applicant’s decision to provide no visitor parking, nor is the commercial space being used as a car wash bay considered satisfactory.

 

The AIS Department recommends that the applicant submit amended plans addressing the parking deficit, and in particular the lack of visitor parking.

 

However, should the EPCD Department consider the provision of amended plans unnecessary, then consideration should be given to reducing the number of residential spaces by one, allowing at least one visitor car space to be provided, which would also be used as the car washing bay. It is recommended that the EPCD Department include appropriate conditions regarding this matter (if complete redesign to provide additional parking is not requested).

 

It is noted that Condition 31 in this report relates to the car wash bay being signposted with:

Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’. Consequently, if the EPCD Department determines that a visitor parking space is not required, this condition will need to be amended.

 

Comments from the RTA

It is understood that the EPCD Department has already included appropriate conditions to address the issues raised by the RTA in their letter dated 11 August 2003.

 

It is noted that work zone shall NOT be provided in Bunnerong Road during the construction period. Suitable provision should be made on-site to alleviate any need to park construction vehicles along Bumborah Point Road.

 

Conditions of consent proposed by the Director, Assets & Infrastructure have been included in the recommendation section of this report (see Conditions 61-107).

 

6.3   Design Review Panel

 

The Design Review Panel considered the application at its August meeting. The Panel raised several concerns with the proposal at that meeting, in particular with the layout of the building on the site. The Panel suggested a building form that provided greater opportunities for solar access to the adjoining site to the south as more appropriate for this site. In response to the Panel’s comments, the applicant made amendments to the plans. These amendments were considered by the Panel at its October meeting and comments are provided below:

 

1.   Relationship to the Context of the Proposal

 

The applicant has provided a much improved response to the site.

 

2.   The Scale of the Proposal

 

The strategy of dividing the bulk into two parts is supported.

 

3.   The Built Form of the Proposal

 

The Panel would like the applicant to articulate all blank party walls, which are highly visible. The north and south elevations on boundaries are required to be further articulated. 

 

The Panel expressed concerns about the height of the first floor rear terrace, and overlooking and overshadowing that result to the rear. The Panel would like to see the height to the rear building and landscaped terrace reduced via further excavation of the basement car park. This is to minimize impacts upon adjoining properties.  The introduction of natural ventilation to the car park to achieve air and light is required.

 

BCA Advice needs to be considered and appropriate design responses incorporated within the development. 

 

The Panel believes that the common stair and access to car park need to be replanned. This should allow for escape from the car park to the street, and direct access from the car park up to the courtyard on the first floor.

 

4.   The Proposed Density

 

 

5.   Resource and Energy Use and Water Efficiency

 

The Panel require appropriate screening to the East and West elevations be provided.

 

6.   The Proposed Landscape

 

There is minimal deep soil planting introduced on the rear boundary.  The Panel considers that opportunities to introduce planting in generous containers in the courtyard should be provided.  A minimum soil depth of 600-1200mm is recommended and drainage layers.

 

There is an inconsistency on the plans in regard to the amount of deep soil at the rear of the property.  The panel would like this clarified. 

 

Further development of the landscape plan is required for the next submission. This should include drawings of the roof top terraces addressing environmental issues such as wind exposure and shade protection to create useable common spaces that will enhance the amenity of the development. The involvement of a Landscape Architect is highly recommended

 

7.   The Amenity of the Proposal for its Users

 

The Panel considers that the rear building entry is required to be more appropriate. 

 

The entrance foyer of the front building fronting Bunnerong Road is too narrow and is required to be wider.  One solution to this is to slightly reduce the commercial space.

 

Privacy screening of balconies across the courtyard is required, to ensure privacy between units in the development.  The Panel considers that there is a privacy problem for bedrooms in the middle of the rear units at each level.

 

8.   The Safety and Security Characteristics of the Proposal

 

9.   Social issues

 

With a consistent mix of units provided, the Panel consider that the one off studio apartment proposed is appropriate.

 

10. The Aesthetics of the Proposal

 

The Panel supported the proposed east and west facade treatments, subject to further design development and the incorporation of appropriate sun screening.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel consider that this application was a significant improvement in form and amenity.  Improvements to the footpath and addition of street trees could be investigated. 

 

The Panel would like to view the application again with developed drawings, addressing a range of issues such as;

 

-           resolution of planning issues,

-             materials and facade detail,

-             boundary wall articulation

-             environmental initiatives,

-             landscape amenity,

-             room dimensions and furniture layouts.

 

The proposal was not considered by the Panel again. In response to the Panel’s comments, the applicant lodged amended plans on 14 November 2003. These plans are considered to have generally addressed the concerns of the Panel, however a greater reduction in the height of the rear building is required.

 

6.4   Roads and Traffic Authority

 

The application was sent to the RTA on 10 June 2003 for comment as Bunnerong Road is a classified road and development requires the RTAs concurrence. Council received a response on 18 August 2003 granting concurrence to the development, subject to conditions relating to driveway width, road noise, stormwater etc. These conditions have been included in the Recommendation section of this report (see Conditions 2-5).

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The proposal has been assessed in accordance with the following statutory controls and is consistent with the provisions of these controls:-

 

-           Randwick Local Environmental Plan 1998 (RLEP)

-           State Environmental Planning Policy 1 – Development Standards (SEPP 1)

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

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

-           Environmental Planning and Assessment Act 1979 as amended (EP&A Act)

-           Building Code of Australia (BCA)

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 3(b) 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:-

 

 

 

 

 

Commercial

Clause No.

Requirement

Provided

Compliance

32 - FSR

1.5:1 (969m2)

1.52:1 (987m2)

No1

33 - Building Height

12m

13.6m

No1

1SEPP 1 objection submitted

 

A detailed assessment of the proposal against the clauses of the LEP dealing with height and FSR is provided in sections 9.1 and 9.2 of this report (below).

 

(b)   SEPP 1

 

An objection under SEPP 1 has been lodged to support the non-compliance with Council’s 1.5:1 FSR standard and 12 metres height standard as set by clauses 32(3) 33(5) of the LEP 1998.

 

The objections made under SEPP 1 is discussed in detail under sections 9.1 and 9.2 of this report.

 

(c)   State Environmental Planning Policy No. SEPP 55

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites for residential uses would substantially reduce the possibility of contamination.

 

It is considered reasonable to assume that the site would not be contaminated, or in need of remediation pursuant to SEPP 55 and that the site is suitable for continued residential use.

 

(d)   SEPP 65

 

The development is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. An assessment of the proposal in accordance with the ten design quality principles has been undertaken by Council’s Design Review Panel. Comments made by the panel are reproduced in section 6.3 and indicate that the proposal (as amended) is satisfactory with regard to SEPP 65.

 

8.1  Policy Controls

 

The following Council policy controls apply to the proposed development:

 

(a)  Development Control Plan No. 19 - Matraville Commercial Centre

 

 

 

 

Requirement

Control

Proposed

Complies

Height Plane

45o above 8 metres in height

11.2m – no 45o angle

No

Height

12m

Up to 13.6m

No

Side and Rear Setbacks

Comply with SEPP 20

SEPP 20 no longer applies in the City of Randwick

Setbacks have been assessed in relation to site conditions and the provisions of SEPP 65.

Heritage Items

Controls when items in the vicinity

No items in the vicinity of the site

N/A

Commercial  development

To be provided the length of the street frontage

Approx. 50% of frontage

No

 

Minimum depth of 10m

8m

No

Awnings

Setback 600mm from kerb

No awning proposed – canopy at building is 2.5m above footpath – doesn’t comply

N/A

 

3.5-4.5 metres above footpath level

 

Opaque materials

Carparking

In accordance with relevant DCP

DCP- Parking requirement not met

No

 

Must not be visible from Bunnerong Road

Semi-basement parking proposed

Yes

 

Discussion of compliance with the requirements of the DCP No. 19 – Matraville Commercial Centre is included in section 9 of this report.

 

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

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

Car Parking

a)   number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b) layout

 

 

 

Bicycle Storage

 

0.5 spaces for each studio (0.5 spaces)

 

1.0 space required for each one bedroom dwelling (5 x 1.0 =5 spaces)

 

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

 

1space/4 dwgs or part thereof for visitors (3 spaces required)

 

Commercial Tenancy

(1/40m2) 1.25 required

 

TOTAL SPACES REQUIRED = 17

 

As per DCP.

 

 

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

(5 bike spaces)

1 space

 

 

4 spaces

 

 

 

 

7 spaces

 

 

 

 

0 spaces

 

 

 

 

1 space

 

 

 

 

 

13

 

Adequate turning areas provided.

 

7 spaces.

Yes

 

 

No

 

 

 

 

Yes

 

 

 

 

No

 

 

 

 

Yes

 

 

 

 

 

No

 

Yes

 

 

Yes

 

As indicated above, the amended proposal complies with driveway location, width and gradient controls. The proposal does not comply with the visitor spaces required under the DCP – Parking. The non-compliance has been discussed under section 9.9. Council’s Traffic and Parking Engineer has commented on the proposal and is satisfied that it meets the requirements of Council’s DCP Parking, subject to conditions of consent (see deferred commencement condition 4 and Conditions 63-68).

 

(c)  Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes an additional eleven (11)dwellings on the site. Deferred commencement condition 1 reduces the number of additional dwellings to 8. As a result of this assessment a condition of consent has been proposed requiring the payment of monetary contributions relating to open space, community facilities and administration charges totalling $18,031.75 for the residential component of the development. This amount refers to the reduced number of units as a result of Deferred Commencement Condition 1 and must be paid prior to the issuing of any Construction Certificate (see Condition 13).

 

A contribution in relation to townscape may be levied as additional gross lettable retail/commercial floor area is proposed. A contribution of $2,900.00 has been calculated and is included in Condition 13. There are no provisions for carparking contributions in Matraville Commercial Centre.

 

8.2  Council Policies

(a)  Rainwater Tank Policy, 2003

 

Council adopted a Rainwater Tank Policy on the 14th October 2003. The Policy encourages water conservation and reduce demand for potable (drinking) water. Condition 11 requires the applicant provide a rainwater tank to supply landscaping requirements in accordance with the Policy.

 

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, Form and Materials

 

The development has an overall height ranging between 11.2m and 13.6 metres resulting in a non-compliance with the statutory standard of 12 metres by one metre.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clauses 33(5) (Overall Height) of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

§    Non-compliance is due to a limited area around the stairwell to the centre of the site and will not affect surrounding properties

§    Approximately 95% of the building is within the 12m height limit

 

The objective of Council’s overall 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 development exceeds the statutory standard of 12 metres along the southern edge of the site, behind the street alignment. To the northern side the development meets the statutory standard by approximately 880mm. The difference in height and resulting non-compliance is a result of the topography of the site, not as a result of significant overdevelopment. Potential impacts of the area of non-compliance have been offset by the reduced height (1.3m below the 12m standard) of the rear portion of the development. The proposal meets Council’s FSR standards and provides adequate landscaping to soften the appearance of the development. These compliances further indicate that the non-compliance is a result of the topography of the site.

 

The applicant has provided shadow diagrams that indicate shadowing impacts to the dwelling immediately to the south of the subject site at 554 Bunnerong Road. A reduction in the height of the non-compliant section of the building would not result in a significant reduction in shadow impacts as these are the result of the orientation of the site, not the height of development towards the front of the site.

 

The non-compliance of the development will not result in significant impacts on visual and acoustic privacy for surrounding dwellings. Despite the increased height of the southern side of the building, no windows are provided to the side elevations of the development and balconies are screened by solid side walls.

 

The area of non-compliance does not significantly contribute to any view or outlook loss from the units at 550 Bunnerong Road. Impacts on these units are more a result of the top floor of the western wing of the building that complies with the height limit. These impacts are discussed under Section 9.6 (see below). The non-compliance will not reduce views or outlook from surrounding properties.

 

The area of non-compliance with the height standard proposed by the development will not result in significant adverse impacts on surrounding residents. The development meets the objective of the standard, being to set upper limits for the height of buildings which are consistent with other development controls such as FSR and landscaping and have regard to the amenity of surrounding properties. As such it is unnecessary and unreasonable to enforce the height standard in this case. It is considered that SEPP 1 objection in relation to this standard is well founded and should be supported.

 

9.2       Density

 

The FSR of the proposal (as amended) is 1.52:1 (987m2) and exceeds that permissible under clause 32(3) of the RLEP 98 for a development on the site, being 1.5:1 by 21m2. The applicant’s calculations have been checked and are correct.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clauses 32(3) (FSR) of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

The maximum gross floor area required under Randwick Council’s LEP is 969sqm. The proposed gross floor area is 990.58sqm. Therefore the proposed gross floor area exceeds the LEP standard by 21sqm.

 

Considering Randwick Council’s purpose under the LEP, the concern for an adverse impact on adjoining properties was of high concern when establishing the envelope of the proposed building. From an early outset the building envelope has been manipulated through ongoing design workshops with the design review panel.  The outcome of this workshop was a building that thoroughly respected the neighbour’s amenity by creating two buildings to the front and back of the site. This enabled sunlight to carry onto the neighbours’ yard to the south maintaining as much amenity as possible. The proposed buildings bulk and scale were worked out according to the privacy between the proposed dwellings, the address to the street, and the impact on the adjoining neighbours. CS+A consider the increase in gross floor area to be minor given the overall size of the project. Removing the non-complying gross floor area from the building would not have a huge benefit to the amenity to the adjoining neighbour’s.

 

The bulk and scale of the proposed building ‘fits in’ with the scale of other buildings along Bunnerong Road that have already undergone a residential/commercial development process. The height and full width frontage have achieved a successful in fill development typology that meets Randwick Council’s objectives in maintaining a consistent streetscape.

 

Lastly, the proposed development needed to meet council’s requirements for minimum unit sizes. The number of units can still be obtained even if the additional gross floor area were removed. The small increase in floor area to each unit merely increased the standard of amenity.

 

The objective of the floor space ratio (FSR) standard is to establish a reasonable upper limit for development in business and 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.

 

Although the proposal does not comply with the FSR standard by a minor amount (0.02% of the site area), the development proposes a density that is considered excessive given the existing site constraints, particularly the ability of the site to accommodate the required parking. A reduction in the number of units (and reduced FSR) will result in a development that achieves a reasonable level of development in accordance with the objectives of the standard. The removal of three units also reduces impacts on neighbours such as view and outlook loss and visual privacy, maintaing amenity in accordance with the FSR objectives. The site is currently occupied by a single dwelling house and is a single residential allotment. Council encourages consolidation of allotments to ensure sites are large enough to accommodate facilities commensurate with the allowable FSR. Site amalgamation with 554 Bunnerong Road is not possible at this time and consequently the size of the subject site constrains the amount of development that can be achieved.

 

As a result of the assessment of the proposal, deferred commencement condition 1 has been imposed to reduce the number of residential units from 12 to 9, by deletion of the three one bedroom units on the ground floor level of the western (rear) wing. This will result in a development with 6x2 bed units, 2x1 bed units and 1x studio and will benefit the 2 bedroom units to the rear of the site by allowing access to large podium level private open space at the rear of the scheme. The removal of these units will reduce the gross floor area of the development by 160m2 and result in an FSR of approximately 1.3:1, achieving compliance with the statutory standard of 1.5:1

 

The resulting reduction in the height of the building to the rear will improve amenity for adjoining residents to the rear by reducing opportunities for overlooking and for residents to the north by reducing impacts on outlook and views. The reductions will also ensure compliance with the carparking requirements, indicating the reasonableness of a reduced proposal.

 

The adjacent site at 554 Bunnerong Road is the last site in the Matraville Commercial Centre (where DCP 19 applies). This site is also a single residential allotment and is likely to be redeveloped in the future. The current application will influence the type of development that will occur on the adjoining site. The form and compliance of development on the subject site needs to be carefully considered to ensure the cumulative impact of these developments does not result in an unacceptable outcome in terms of density, carparking and residential amenity.

 

The density of the proposal is considered to be excessive, as evidenced by the inability of the site to accommodate adequate parking. The scheme may easily be revised to comply with parking standards and lessen impacts on surrounding properties. In this instance it is considered appropriate to condition these changes by way of deferred commencement provisions under the Act. The development is considered satisfactory with regard to density, subject to compliance with conditions.

 

9.3       Building Setbacks

 

The Matraville DCP relied on SEPP 20 – Minimum Standards for Residential Development for setback controls. This planning instrument was repealed by SEPP 53 – Metropolitan Residential Development on 26 September 1997. SEPP 53 does not include any setback controls and does not apply to Randwick. Due to the location of the site in a commercial centre, the nil setbacks to the northern and southern side boundaries and the eastern (front) boundary are appropriate. Nil setbacks to the side boundaries will allow for redevelopment of the adjoining site at 554 Bunnerong Road to be contiguous with development on the subject site and will form a street wall to Bunnerong Road in accordance with best urban design practice for commercial centres.

 

The building is setback 6-8 metres from the rear boundary at first floor (podium) level. At the second floor levels balconies protrude into the setback up to 4.4-6.2 metres from the rear boundary. The western boundary of the site adjoins a 2(a) zone and the subdivision pattern results in the rear boundary of the site adjoining the side boundaries of properties which front Harold Street. This arrangement can increase opportunities for overlooking of rear yards. As there are no setback requirements under the DCP, the 9 metre setback suggested in best practice documents is considered to be reasonable for protecting residential amenity for properties to the rear. The deletion of the three ground level units will remove the need for a communal stair to the rear wing of the building and allow the rear portion of the building to be setback 9 metres from the rear boundary at each level without reducing the width of the internal courtyard (which provides separation between units within the development). The first floor of Units 10, 11 and 12 do not have balconies and so the setback will remain as a minimum 9 metres at all floor levels. These changes have been included in deferred commencement condition 2 of this report.

 

The building has been articulated through the incorporation of balconies and a combination of solid and open elements. The articulation is considered sufficient subject to additional details of the materials proposed, particularly to the internal elevations to the communal courtyard space. Additional details are to be provided as per deferred commencement condition 3. The Design Review Panel commented that additional articulation was required to the side walls of the development. Glass block windows have been included on the northern and southern sides of the building and provide visual interest and articulation whilst maintaining compliance with the building code. On the northern side these windows are considered appropriate as they will increase natural light and provide visual interest to the adjoining development at 550 Bunnerong Road. On the southern side, the glass block windows, are to be retained to provide visual interest but are to have brickwork behind so that future development of the adjoining site (having a nil setback to the boundary) is not prejudiced (see condition 6). The building form proposed, having a front and rear wing with landscaping between has reduced bulk and scale impacts on the adjoining property and the street.

 

9.4       Landscaping and Private Open Space

 

There are no landscaping provisions in the RLEP 98 for sites in the 3(b) zone, likewise there are no requirements under DCP 19. Despite the lack of controls the applicant proposes landscaping to the rear of the site and central courtyard area to improve the outlook for residents and protect the amenity of surrounding properties.

 

Approximately 236m2 (37%) of the site is proposed to be landscaped. 36m2 of this provision is deep soil planting and is located to the rear to maximise the benefit of large plantings to surrounding properties. Private open space is provided to all units via balconies. Units to the rear will have access to private gardens which will increase the variety of accommodation provided and improve privacy between dwellings within the development by focussing the outlook from these units to the rear, rather than inside the development. The landscape treatment of the courtyard is acceptable given that there is little opportunity to plant large trees as this area exists over the parking level. To the rear the choice of honey locus trees has been queried by surrounding residents. This species is not shown on the amended plans. Details of planting to this rear boundary are to be provided prior to the consent being operational so that the appropriateness of species can be checked and amended if necessary. In addition, a detailed landscaping plan is to be lodged with the Construction Certificate application.

 

The proposal is considered satisfactory with regard to landscaping.

 

9.5       Privacy

 

The proposal has limited impacts on the privacy of surrounding properties by orienting openings off living areas towards the front and rear of the site. Balconies to the rear of the front wing of the building have solid side walls to prevent residents from looking directly across the side boundaries of the site, protecting the privacy of adjoining sites.

 

The first floor balconies to living areas in the rear wing of the building are to be relocated to ground level (as terraces) under deferred commencement condition 1. This will reduce opportunities for overlooking of rear yards of properties along Harold Street. The proposal also includes screen planting to the rear boundary of the site and has been conditioned to be 9 metres from the rear boundary to ensure privacy of sites to the rear is maintained.

 

Separation of 8.7-9 metres is provided between the two wings of the building. In addition the wings have been designed so that living areas are oriented away from each other wherever possible. The proposal has been designed to minimised privacy impacts within the development.

 

The development has incorporated features to mitigate privacy impacts and (subject to conditions) meets Council’s performance requirements and preferred solutions with regard to privacy.

 

9.6       Views

 

Residents in the adjoining development at 550 Bunnerong Road raised concerns regarding view loss. Views and outlook will be maintained from units to the rear of the site, with the possibility of outlook to the south-west being affected by the rear portion of the building. Views and outlook directly to the south will remain largely unaffected due to the courtyard form of the building.

 

Deferred commencement condition 1 will reduce the height of the rear portion of the building by one storey and will reduce any view and outlook impacts to an acceptable level by bringing the building within the envelope stipulated under DCP 19.

 

The development, subject to compliance with conditions, is considered satisfactory with regard to view and outlook sharing.

 

9.7       Solar Access

 

The orientation of the allotments along Bunnerong Road results in properties sharing northern side boundaries and increases the likelihood of shadowing impact (as side setbacks are generally less than rear setbacks). The orientation of the site results in shadows that move significantly throughout the day. Additional shadow will affect the northern elevations of properties fronting Harold Street during midwinter mornings (this effect will be reduced by the amendments under deferred commencement condition 1). By noon, only the adjoining dwelling at 554 Bunnerong Road will be affected. During midwinter afternoons shadows will be cast across Bunnerong Road, however the proposal will only affect these properties for a short period of time.

 

With the exception of 554 Bunnerong Road, all properties will achieve three hours of solar access, midwinter after the proposal is constructed. The impact of the development on 554 Bunnerong Road is considered to be inevitable given the orientation of allotments and the desired form of development in the Matraville commercial area. The layout of the building form has minimised impacts on 554 Bunnerong Road and maximised opportunities for solar access to any new development on that site. The extent of overshadowing is considered acceptable and not the result of overdevelopment of the site.

 

The applicant has submitted a NatHERS report of the dwellings in the proposed development, which shows that all dwellings achieve a rating of 3.5 stars. These ratings meet Council’s minimum requirements.

 

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

 

9.8       Safety and Security

 

The development meets best practice with regard to safety and security. The development provides separate entries to the commercial tenancy and the residential component of the development that are clearly identifiable and provide direct access from the street. A roller door has been indicated on the carparking plans, however it is unclear if this is to be used to secure the parking and as such a condition of consent requiring a security grill and intercom to be installed has been proposed (see Condition 16). Balconies have been oriented towards Bunerong Road wherever possible to allow for passive surveillance. Passive surveillance of the internal courtyard space is also provided by balconies to each of the dwellings. Large, dense plantings have been restricted to the residential boundaries of the site.

 

The development meets the safety and security objectives for residential flat buildings.

 

9.9       Traffic and Parking

 

The development does not meet Council’s requirements with regard to parking provision by four spaces. This is considered to be an excessive non-compliance and indication that the development constitutes a density in excess of the capacity of the subject site. The building can be easily reduced in scale (by deletion of the ground floor level of the rear wing) to ensure compliance with parking. The deletion of 3 one bedroom units will reduce the parking requirement sufficiently to ensure compliance. The driveway width and gradient proposed from Bunnerong Road meets Council’s requirements. The Director, Assets and Infrastructure has provided comments that the carparking layout is satisfactory.

 

The development (subject to conditions) is considered to be satisfactory with regard to parking provision.

 

10.  CONCLUSION

 

The SEPP 1 objection lodged with respect to the statutory non compliances generated by the maximum height of the development is considered to be well founded in the circumstances.

 

It is considered that the proposed building is appropriate on the site given the desired future character of the area, the objectives contained within the RLEP98 and the DCP for the Matraville Commercial Centre. The development proposes a building envelope, density 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.

 

11.  RECOMMENDATION:

 

A.      THAT Council assume the concurrence of the Director, Department of Infrastructure, Planning and Natural Resources to vary the provisions of Clause 32(3) and Clause 33(5) of the Randwick Local Environmental Plan 1998 (as amended) relating to Demolition of existing dwelling on the site and construct new mixed use development comprising 12 dwellings and one commercial tenancy with semi-basement parking for 13 cars under State Environmental Planning Policy No. 1.

 

AND

 

B.      THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 448/2003 for Demolition of existing dwelling on the site and construct new mixed use development comprising 12 dwellings and one commercial tenancy with semi-basement parking for 13 cars at 552 Bunnerong Road, Matraville subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.         A full set of plans, sections and elevations showing the deletion of Units 4,5 and 6. This condition is imposed to reduce the height of the building to an acceptable level to maintain residential amenity and reduce the impact of the proposal on carparking in the area.

 

2.         The western wall of the rear portion of the development is to be setback 9.0 metres from the rear boundary of the site for its full length. Compliance with this condition is not to result in a reduction in the width of the internal courtyard (measured external wall to external wall) to less than 11.0 metres

 

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

 

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

 

4.         Details of proposed plantings to the rear boundary of the site, including species, pot size and size at maturity as well as details of soil depth along the rear boundary are to be submitted to and approved by Council’s Director Planning and Community Development.

 

5.         Prior to the development consent becoming operational the applicant shall submit amended plans that show the internal driveway being a minimum 5.50m wide (clear width) for the first 5 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

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

 

Development Consent Conditions

 

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

 

REFERENCED PLANS

 

1.         The development must be implemented substantially in accordance with the plans drawn by CS & A, numbered Project No. 0028 and drawing numbers DA/01-D/A10, dated Nov 2003 and received by Council on 14/11/03, 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:

 

RTA Conditions of Consent

 

2.         The proposed driveway is to be a “Type 1” with minimum width of 5.5 metres, for a distance of 6 metres from the frontage roadway of Bunnerong Road in accordance with AS 2890.1-1993.

 

3.         The design and construction of gutter crossing in Bunnerong Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA’s Project Services Manager, Traffic Projects Section Blacktown (Ph: 02 88142144). You are advised that liaison with Council’s Assets and Infrastructure Department in relation to the design and construction of the gutter crossing is also required.

 

4.         “No Stopping” parking restriction is to be implemented along the Bunnerong Road frontage of the subject property, subject to the concurrence of the Randwick Traffic Committee.

 

Prior to the installation of the “No Stopping” parking restriction (along Bunnerong Road), the applicant is to contact the RTA’s Traffic Management Services on (Ph: 02 8814 2329) for a Works Instruction.

5.         All works associated with the subject development shall be carried out at no cost to the RTA.

 

Development Consent Conditions

 

6.         Glass blockwork on the southern elevation is to have an internal brickwork skin behind it. Alternatively, brickwork in a contrasting colour may be used within the area shown on the plans as blockwork. This condition is imposed to protect the redevelopment potential of the adjoining property at 554 Bunnerong Road, whilst maintaining visual articulation of the façade. Details of compliance are to be indicated in the construction certificate plans.

 

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

 

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

 

8.         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.

 

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

 

10.       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.

 

11.       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 Tanks Policy.

 

The tank is to be located a minimum of 500mm from the side boundaries and is to have a maximum height above ground level of 2.4 metres. The tank is to be installed behind the front building line and is to be located at podium level and incorporated into the landscaping plans for the site. The noise level from any pump is not to exceed 5dBA above ambient background noise, measured at the property boundary. Overflow is to be directed to Council’s approved stormwater system or suitable absorption area (designed by a professional engineer, building surveyor or accredited certifier).

 

This condition is imposed to ensure compliance with Council’s Rainwater Tank Policy and promote the principles of water conservation and ecologically sustainable design (ESD). Details required by this condition are to be included with the Construction Certificate application.

 

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

 

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

 

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

 

13.       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               $12,208.65

b)       for the provision or improvement of community facilities   $  5,398.10

c)       for townscape improvements                                                       $  2,900.00

 

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

 

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

 

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

 

15.       The car parking spaces and driveways must be kept clear of goods at all times and must not be used for storage purposes.

 

16.       In order to secure the carparking from the street, a security grill is to be provided at the carpark entry. Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

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:

 

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

 

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

 

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

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

23.       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.

 

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

 

a.         all of the premises adjoining the subject site

 

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

 

25.       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.

 

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

 

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

 

27.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993 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.

 

28.       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.

 

29.       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.

 

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

 

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

 

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

 

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

 

·          Sediment control measures.

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

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

 

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

 

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

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

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

 

32.       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.

 

33.       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.

 

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

 

a.   car parking and vehicular access

b.   landscaping

c.   stormwater drainage

d.   external finishes and materials

 

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

 

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

 

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

 

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

 

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

 

37.       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.

 

38.       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.

 

39.       Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval.

 

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

 

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

 

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

 

41.       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.

 

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

 

43.       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”.

 

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

50.       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.

 

51.       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.

 

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

 

53.       Temporary hoardings or fences and public access are required to be designed in accordance with the following requirements (as applicable):

 

·        The hoarding/fence is required to be structurally adequate, and be constructed of plywood sheeting, painted white or cyclone wire fencing material with geotextile fabric attached to the inside of the fence to provide dust control.  The hoarding/fence is to be maintained in good condition at all times.

 

·        The hoarding/fencing is required to be constructed at a minimum height of 1.8 metres.

 

·        A path of travel having a minimum width of 1.5m is to be maintained across the front of the site and safe pedestrian access is to be provided at all times

 

·        Hoardings and fences are not to obstruct access for services including fire services.

 

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

 

·        Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

 

·        The hoarding/fence is to be provided with reflective barricades, lights or other devices, to provide adequate warning to pedestrians and motorists.

 

·        The hoarding/fence is to be constructed so that it will not obstruct the view of motorists, pedestrians or traffic lights.

 

·        Site access gates to the site shall not open over the footway/road.

 

·          The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council prior to the construction of any hoarding/fence upon the road reserve/footway.

 

·          Geotextile fabric or other suitable material is to be provided to the perimeter of any scaffolding during construction, to prevent any articles from falling to a public place or adjoining premises.

 

54.       ‘B’ Class’ overhead type hoardings and public access are required to be designed in accordance with the following requirements (as applicable).

 

·          The hoarding is to be designed so that the wind loads comply with AS1170.2.  Superimposed loads from site sheds and materials not to exceed 40% of the design live loads.  The structure should have a factor of safety of 1.5 against overturning and 2 against sliding.

 

·          Footings to the hoarding are to be located and designed so as not to have an adverse affect upon underground services or the like.  The hoarding is to be able to withstand a vehicle impact and removal of any one column anywhere in the structure and a minimum length of 2m of wall supporting the deck on any one side supporting the structure is required.

 

·          Metal parts of the hoarding or associated structures to be not less than 4m from any power line, transmission line or transmission apparatus or 1.5m from part for non conductive materials, such as timber.

 

·          Adequate artificial lighting is to be provided to the hoarding.

 

·          A suitable system of buffer railing or barriers, particularly at locations such as an intersection or sharp bend.

 

·          A minimum overhead clearance of 2.2m is to be provided below the hoarding.

 

·          The street side of the hoarding is to be open for at least 2/3 of its full height for the length of the structure to prevent a tunnel effect.

 

·          Waterproofing of the deck above the footway is required to be provided and adequate provisions are to be made for the disposal of stormwater.

 

·          The hoarding is to be painted white or other light colour acceptable to Council.

 

·          Site sheds or accommodation located on top of a hoarding within a designated crane area or where materials are being lifted over are required to sustain a 10Kpa load and a protective fence and handrails are to be provided.

 

·          The hoarding is to be erected and maintained fully in accordance with the requirements of Work Cover New South Wales.

 

·          Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

 

·          A certificate of structural adequacy prepared by a professional engineer is to be submitted to the certifying authority upon installation (and a copy of the certificate is to be forwarded to the Council if it is not the certifying authority) certifying the structural adequacy of the hoarding and compliance with Councils conditions of consent and relevant requirements of WorkCover New South Wales.

 

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

 

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

 

56.       Access for persons with disabilities, being provided to the ground floor retail shop in accordance with Part D3 of the Building Code of Australia.  Details of compliance are required to be provided in the relevant plans and specifications for the construction certificate for the development.

 

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

 

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

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

·          Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

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

 

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

 

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

 

The design and construction of the new gutter crossing is to be in accordance with RTA requirements.

 

b)         Remove the redundant concrete vehicular crossing and layback and to reinstate the area to Council's specification.

 

c)         Reconstruct any damaged sections of kerb and gutter along the site frontage.

 

d)         Reconstruct the full Bunnerong Road site frontage in accordance with Council’s Urban Design Guidelines for Matraville Commercial Centre It is noted that this will include footpath reconstruction along the full site frontage together with seat installations, bins and tree grates as required by Council’s Landscape Architect.

 

It is further noted that the works on Council’s verge may include stair and handrail construction to transition between the alignment level and the natural surface level on the adjacent property, together with regrading of the verge as required.

 

64.       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 metres by 1.5 metres to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

65.       Provision shall be made onsite for all construction related activities. This condition has been included to alleviate any need to park construction vehicles in Bunnerong Road.

 

66.       The layout of the basement carpark, including aisle widths, turn path and car space dimensions are to be, at a minimum, in accordance with AS 2890.1 – 1993.

 

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

 

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 front property boundary for driveways, access ramps and pathways or the like, shall be:

 

·    At RL 15.65 (AHD) at the northern boundary;

·    At RL 15.75 (AHD) at the southern boundary; and

·    Grade linearly between the two points specified above

 

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.

 

67.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the existing footpath must be indicated on the building plans for the construction certificate.

 

68.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $369 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:

 

69.       A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

70.       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.

 

71.       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.

 

72.       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.

 

73.       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:

 

74.       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.

 

75.       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.

 

76.       On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

77.       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.

 

78.       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.

 

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

84.       Stormwater pipes shall be located in accessible locations.

 

85.       Pump out systems will only be considered if the applicant can demonstrate 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.

 

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

 

a)       within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)       prior to stormwater discharging into any absorption/infiltration system.

 

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

 

·        The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

 

·        The pit must be constructed from cast in-situ concrete, precast concrete or double brick.

 

·        The grate is to be a galvanised heavy-duty grate that has a provision for a child proof fastening system.

 

·        A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

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

 

·        A child proof and corrosion resistant fastening system for the access grate (e.g. similar to a Weldlock spring loaded jay-bolt).

 

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·        A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

88.       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.

 

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

 

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

 

b)         The car washing bay must be located outside any required/approved stormwater detention system.

 

c)         The car washing bay must be signposted with Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

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

 

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

 

90.       Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)         The location of the detention basin with finished surface levels;

b)         Finished site contours at 0.2 metre intervals;

c)         Volume of storage available in the detention areas;

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

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

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

 

91.       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.

 

92.       Should the above site 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).

 

93.       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:

 

94.       The residential garbage room areas shall be sized to contain a total of 12 x 240 litre bins (6 garbage bins & 6 recycle bins) whilst providing satisfactory access to these bins.

 

95.       The commerical garbage room areas shall be sized to contain a total of 2 x 240 litre bins (1 garbage bin & 1 recycle bin) whilst providing satisfactory access to these bins.

 

96.       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.

 

97.       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.

 

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

 

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

 

99.       The landscaped areas shown on the plan number DA/02 dated Nov 03 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.         The landscape plan shall show a minimum number of 10 x 75 litre broad canopied trees (not palms) suitably located within the rear of the site. The trees selected shall be of a species that attain a maximum height of 8 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.

 

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

 

101.     The applicant shall submit a landscape design for the Bunnerong Street frontage of the development in accordance with Council’s Urban Design Guidelines for Matraville Commercial Center. The landscape design shall include pavements, seat installations, bins 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.

 

All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

 

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 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 Bunnerong Road site frontage.

 

102.     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 pecifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

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

 

104.     Any 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.

 

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

 

106.     A refundable deposit in the form of cash, cheque, or bank guarantee for the amount of $12,000.00 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.

 

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

 

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

 

            a)      Part C3            -              Protection of openings

            b)      Part D1            -              Provisions for escape

            c)      Part D2            -              Construction of exits

            d)      Part D3            -              Access for people with disabilities

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

            f)       Part E1             -              Fire fighting equipment

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

 

            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/S:

 

A4 plans

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

16 April, 2004

FILE NO:

D/008/2004

 

PROPOSAL:

 Alterations, ground and first floor additions including new first floor balcony and new laundry/store and car spaces to the front.

PROPERTY:

 100 Mons Avenue Maroubra

WARD:

 North Ward

APPLICANT:

 D E Gladstone

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.        EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Chris Bastic, John Procopiadis, Dominic Sullivan.

 

The proposal is for a first floor addition to the existing semi detached dwelling. The original proposal was for a first floor addition set forward of the main ridge of the semi detached dwelling.  The applicant was requested to amend the plans to set the first floor addition behind the main ridge of the semi detached dwellings in accordance with Preferred Solution 5 of Section 4.3 of Councils Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

Objection letters have been received from the neighbouring properties to the west and north relating to the design of the first floor addition, overshadowing and colours of roof materials.

 

The recommendation is for approval subject to conditions.

 

2.        THE PROPOSAL

 

The applicant proposes alterations and extension to the ground floor of the existing building including new kitchen lounge and bathroom and construct a first floor addition including bedroom, bathroom and front balcony.   In addition to this the applicant has proposed a laundry/store out building to the rear yard area of the dwelling.

 

3.        THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Mons Avenue on the intersection with Duncan Street in Maroubra and is presently occupied by an existing single storey semi-detached dwelling.  The site has a frontage width of 7.72m, a side boundary depth of 37.485m and has an overall site area of 290m².  A 0.61metre right of way bounds the eastern boundary of the site.

 

Neighbouring the property to the west is the corresponding single storey semi detached dwelling with car space the front and shed to the rear. To the east is a single storey semi detached dwelling with car spaces to the front.  To the rear is a steep incline at the top of which are a variety of double and single storey dwelling houses fronting French Street.

 

The surrounding area contains a variety of single and double storey detached and semi detached dwelling houses.

 

4.        SITE HISTORY

 

a.    APPLICATION HISTORY

 

Original plans submitted with the Development Application on 13 January 2004 proposed a first floor addition set forward of the main roof pitch of the semi detached dwelling.  On 3 February 2004 the applicant was requested to amend the proposal to satisfy the requirements of Preferred Solution 5 of Section 4.3 of Councils Dwelling Houses and Attached Dual Occupancies Development Control Plan.  Amended plans were received on 24 February 2004 and subsequently re-notified to the adjoining property owners.

 

5.        COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Councils Public Notification of Development Proposals and Council Plans Development Control Plan on 16 January 2004 and the amended plans were renotified on 26 February 2004.  As a result of this notification the following submissions were received:

 

5.1    Objections

 

Kevin and Patricia Barron, 35 French Street Maroubra.

 

·        The owners of the properties to the rear are concerned that the colour of the proposed roof will be ‘loud or garish’ and incompatible with the roofs of the surrounding areas.

 

Comment:

 

Conditions will be imposed upon any development consent requiring that colours of roofing materials be compatible with the existing roof.

 

Mr J M McCleery, 98 Mons Avenue Maroubra

 

·        The owner of the adjoining property has no objection to the original plans but objects to the amended plans.

·        The proposed addition will not ‘blend in’ with the adjoining semi and will ‘look as though it is peeking out from the main ridge.’

·        The front of the building will be setback 15 metres of the boundary.  94 Mons Avenue is setback 11 metres from the front boundary, 2 metres in front of the main ridge.  108, 110 and 112 Mons Avenue are two storey dwellings with 8 to 11 metre setbacks from the street.  The owner of the adjoining property cannot understand why this addition should be setback ‘so far back’.

·        Setting the addition one and a half metres back will reduce the amount of winter sun to the neighbour’s bedroom by half.  There will be loss of sunlight at all times of the year to the neighbour’s kitchen windows.

 

       Comments:

 

Preferred Solution 5 of Section 4.3 of Councils Dwelling Houses and Attached Dual Occupancies Development Control Plan which requires that the second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respecting the symmetry of the adjoining semi-detached dwelling.  The proposed amended design has been setback behind the main ridgeline of the semi detached dwelling, retains the majority of the existing roof form, and maintains the symmetrical appearance of the semi detached dwellings.

 

It should be noted that the first floor additions to numbers 108, 110 and 112 Mons Avenue are to detached dwelling houses, not a semi detached dwelling house which have different setback requirements for first floor additions.  With respect to 94 Mons Avenue the first floor addition is visually set behind the ridge of the ground floor gable roof end however structurally the addition is set forward of the hipped roof. The visual impact of this addition was considered acceptable because of the setback of the addition is substantially behind the ridge of the front gable.

 

The original proposal for 100 Mons Avenue differed from the approved development at 94 Mons Avenue as the approved development at 94 Mons Avenue is setback further from the street, retains most of the roof form and does not dominate the front of the dwelling to the same degree as what was originally proposed at 100 Mons Avenue. 

 

With respect to the loss of sunlight to windows at the rear of 98 Mons Avenue, the shadow diagrams submitted with the amended plans indicate that 3 hours of sunlight is provided between 9.00am and 3.00pm during the winter equinox to north facing windows and out door areas of the neighbouring property, satisfying the requirements of Councils Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

6.        TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Engineering Issues

 

The application has been referred to the Director of Assets and Infrastructure for comment, conditions have been provided for inclusion with any consent granted.

 

7.        RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

7.1    Policy Controls

Development Control Plan Dwelling Houses and Attached Dual Occupancies.

 

PERFORMANCE REQUIREMENT

PREFERRED        SOLUTION

COMPLIANCE

(Whether proposal meets  Performance Requirements or Preferred Solutions.)

SOLAR ACCESS

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.

Proposal complies with Preferred Solution Requirement. Private open spaces will receive at least 3 hours sunlight between 9.00am and 3.00pm on 21 June.

 

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.

Proposal complies with Preferred Solution Requirement. North Facing windows will receive at least 3 hours sunlight between 9.00am and 3.00pm on 21 June.

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

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.

Proposal complies with Preferred Solution Requirement. North-facing windows to living areas of neighbours’ dwellings will receive at least 3 hours sunlight between 9.00am and 3.00pm on 21 June.

 

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.

Proposal complies with Preferred Solution Requirement. Neighbour’s principal private outdoor open space will receive at least 3 hours sunlight between 9.00am and 3.00pm on 21 June.

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

S1  40% of the total site area is landscaped.

Proposal complies with Preferred Solution Requirement. 51% of the site provided as landscaped area.

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

 

Proposal complies with Preferred Solution Requirement. A Floor Space Ratio of 0.54:1 has been proposed

HEIGHT, FORM AND MATERIALS

P1  Height relates to surrounding streetscape.

S1  Maximum 7m external wall height.

 

Proposal complies with Preferred Solution Requirement. A maximum wall height of 6.2metres has been proposed.

 

S1  Maximum 3.5m external wall height of buildings or additions to the rear.

Proposal complies with Preferred Solution Requirement. A maximum wall height to buildings or additions to the rear of 3 metres has been proposed.

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.

Proposal complies with Preferred Solution Requirement. The Second storey portion of the semi is setback from the front elevation and respects the symmetry of the adjoining semi.

BUILDING SETBACKS

P1  Front Setback

Generally conforms with adjoining development or dominant setback along street.

S1  Front Setback

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

Proposal complies with Preferred Solution Requirement.  Existing Front Setback remain unaltered.

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.

Rear out building located closer than 4.5metres from the rear boundary however the Development Control Plan Performance Requirements still satisfied. Refer Section 8.1 of this report.

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.

Rear out building located closer than 900mm from the eastern boundary however the Development Control Plan Performance Requirements still satisfied. Refer Section 8.1 of this report.

 

S3  1.5m for any part of a building, two levels at that point.

First floor addition is located less than 1.5metres from the eastern boundary however Development Control Plan Performance Requirements still satisfied. Refer Section 8.1 of this report.

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.

Proposed window locations satisfy the Preferred Solution Requirement.  Refer Section 8.1 of this report.


 

PERFORMANCE REQUIREMENT

PREFERRED        SOLUTION

COMPLIANCE

(Whether proposal meets  Performance Requirements or Preferred Solutions.)

GARAGES, CARPORTS AND DRIVEWAYS

Note:  Council’s car parking DCP requirements - 1-2 bedroom: 1 space; 3 bedroom:  2 spaces

 

 

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.

 

Proposal complies with Preferred Solution Requirement.  A 5.5metres x 5 metres car space has been proposed.

 

S1  Driveways have a minimum width of three metres and are set back at least one metre from the side boundary.

Driveway setback less than 1 metre from the western boundary however the Development Control Plan Performance Requirements still satisfied. Refer Section 8.1 of this report.

 

S2  Driveways, car parking facilities <35% of site frontage.

Driveway occupies more than 35% however the Development Control Plan Performance Requirements still satisfied. Refer Section 8.1 of this report.

 

8.        ENVIRONMENTAL ASSESSMENT

 

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

 

8.1   Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

Landscaping

 

The objectives and performance requirements of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced, dwellings are provided with usable outdoor recreation area, storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

Preferred solutions include that a minimum of 25m² of useable private open space be provided, a minimum of 40% of the total site area is provided as landscape area, half of which should be soft permeable landscaping, and each dwellings private open space shall be capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

 

The proposal satisfies the DCP requirements with 52% of the site being provided as landscaping.

 

Floor Area

 

The objective and performance requirements of the DCP are that developments are not excessive in bulk or scale, compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street.

 

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies.  The proposal satisfies the DCP requirements with a proposed floor space ratio of 0.54:1.

 

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, and that the second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and further, the design respect the symmetry of the adjoining semi-detached dwelling.

 

The proposal satisfies the DCP requirements with a maximum wall height of approximately 6.2metres and a maximum height of 8.69metres.  The majority of the proposed first floor addition is setback behind the main ridge of the dwelling and will retain the majority of the front roof form and symmetrical appearance of the semi detached dwellings.

 

Building Setbacks

 

The objectives and performance requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours, and with respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape.

 

Preferred solutions include that side setbacks be 900mm for any part of the building at ground level and 1.5m at first floor level, and that no part of the building is closer than 4.5m from the rear boundary.

 

The proposal satisfies the preferred solution setback requirements with the exception of the eastern setback of the first floor addition and the eastern and northern boundary setback of the proposed laundry/store room. 

 

The eastern wall setback of the first floor addition is setback inline with the existing building 1.45 metres from the side boundary and is only 0.05metres less than the preferred solution requirement. It is considered that the proposal will still ensure that there is adequate access to sunlight, daylight and fresh air to building occupants of the neighbouring dwellings, therefore complying with the performance requirements of the DCP.

 

The proposed laundry/store will be setback less than 4.5metres from the rear and 0.9metres from the side boundary.  Given the laundry/stores proposed maximum height of 3 metres, the elevated nature of the rear yards of the property to the north, the existence of similar out buildings in the neighbouring rear yards and that the outbuilding is setback substantially from the neighbouring dwellings it is not considered that the proposed outbuilding adversely impact on access to sunlight, daylight and fresh air to building occupants of the neighbouring dwellings.  It is therefore considered that the performance requirements of the DCP have been satisfied.

 

Survey plans indicate that there is a right of way to the eastern boundary of the site. A condition will be imposed requiring that the laundry/store does not to encroach upon the right of way.

 

Visual & Acoustic Privacy

 

The objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The performance requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies and where necessary, separation, screening devices and landscaping.

 

The proposal will not cause any adverse privacy impacts upon any of the neighbouring dwelling houses.  The proposed upper level windows are highlight or obscure glazed and will have little opportunity to overlook the neighbouring properties.  The proposed first floor sliding door and balcony will mainly on the roof of the neighbouring dwelling and the street.

 

The proposed ground floor windows to the dinning area and lounge will look upon the side boundary fences and the rear yard. The proposed window to the ground floor bedroom constitutes an enlargement of the existing side window will have little additional impact.  A highlight window with little opportunity for overlooking has been proposed for the ground floor bathroom.

 

It is therefore considered that the proposal will not cause any addition acoustic and visual privacy impacts and satisfies the requirements of the DCP.

 

Garages & Driveways

 

The objectives and performance requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the street scape, and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment. Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 there after.

 

The controls of the DCP also include that hardstand parking areas before the building line may be permitted and considered preferable to a garage or carport where it can be demonstrated that it will not dominate or detract from the appearance of the existing development and the local streetscape.

 

The proposed hard stand car space to the front of the dwelling satisfies the preferred solution requirements with the exception that the proposed hard stand car spaces and driveway will occupy 65% of the site width and is setback less than 1 metre from the western boundary.  Given that both of the neighbouring dwellings have formalised car parking areas at the front of each dwelling which occupy the majority of the site width it is considered that the proposed car space will not dominate or detract from the appearance of the development, nor be out of character with the streetscape, it is considered that the proposal satisfies the performance requirements of the DCP.

 

Solar Access and Energy Efficiency

 

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

 

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

 

The preferred solutions of the DCP state that the design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties.  Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.

 

The proposal satisfies the preferred solution requirements with north facing windows and out door areas of the neighbouring properties receiving at least 3 hours of sunlight on 21 June.

 

9.        CONCLUSION

 

The proposed alterations, ground and first floor additions including new first floor balcony and new laundry/store and car space to front complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impact upon either the amenity of the adjoining premises or the character of the locality.

 

Conditions will be imposed requiring that colours chosen for roof materials are compatible with that of the existing dwelling and that the proposed laundry/store does not encroach upon the right of way to the eastern boundary.

 

RECOMMENDATION:

 

A.        THAT Council, as the responsible authority, grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/008/2004 for Alterations, ground and first floor additions including new first floor balcony and new laundry/store and car spaces to the front. at 100 Mons Avenue Maroubra subject to the following conditions:

 

Deferred Commencement Conditions

 

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

 

1.                  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 demonstrating:

 

·                     The design and colour of the roof tiles to the proposed first floor addition are required to match, as closely as possible, the material and colour of the existing roof.

 

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

 

·                     Face brick work to the front façade is to remain un-rendered to maintain the symmetrical appearance of the semi detached dwellings.

 

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

 

DEVELOPMENT CONSENT CONDITIONS

 

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

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans numbered 01/04, dated 19 February 2004 and received by Council on 24 February 2004, the application form and on any supporting information received with the application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions 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 proposed Laundry/Store is not to encroach upon the right of way to the eastern boundary.  Details of compliance are to be provided in to the Construction Certificate Plans.

 

3.         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.

 

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.         All crossings, repairs and ancillary works on the footway and roadway are to be carried out by the Council and the cost borne by the applicant.  A statement, prepared by the applicant or owner of the premises is to be obtained and submitted to the Council, detailing the condition and status of the roadway, footway, vehicular crossings, nature strip and public place adjacent to the premises, prior to the commencement of any works on the site and also upon completion of the works.

 

            The statement is to include details of any existing damage to the roadway, footway, vehicular crossing, nature strip or public place prior to the commencement of works and details of any damage caused to the roadway, footway, vehicular crossings, nature strip or public place, as a result of the works or any associated building activities, for assessment and determination by Council.

 

8.                  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.

 

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

 

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

 

10.       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.

 

11.       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.

 

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

 

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

 

14.       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.

 

15.       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.

 

16.              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:

 

17.              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:

 

18.              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.

 

19.              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.

 

20.              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.

 

21.              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.

 

22.              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.

 

23.              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.

 

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

 

In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act 1989 and Regulations.

 

25.              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.

 

26.              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.

 

27.              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.

 

28.              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.

 

29.              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”.

 

30.              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:

 

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

 

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

 

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

 

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

 

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

 

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

 

32.              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)         $700.00           -           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:

 

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

 

    1. Construct concrete vehicular crossing and layback at kerb opposite the proposed vehicular entrance to the site.

 

34.              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.

 

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

 

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

 

36.          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.

 

37.              The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the existing footpath must be indicated on the building plans for the construction certificate.

 

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

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

 

39.              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.

 

40.              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:

 

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

 

42.              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 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.

 

A2.      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.

 

 

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

 

 

 

 

………………………………

………………………………

 

SHAUN HEHIR

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

8 March, 2004

FILE NO:

D/0022/2004

 

PROPOSAL:

 Alterations and first floor additions to the existing dwelling house

PROPERTY:

 102 Broome Street, Maroubra

WARD:

 South Ward

APPLICANT:

 Classic Plans (Erol Ozdirik)

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Michael Daley, Alan White, and former Councillor Charles Matthews.

 

The application seeks consent to carry out alterations and first floor additions to the existing dwelling house.  The estimated cost of development is $150,000.

 

The proposal complies with the preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies in terms of landscaping, floor area, privacy, safety & security and solar access.  Where compliance has not been achieved in terms of the preferred solutions (i.e. building setbacks, height, form and materials), the proposal is considered to be acceptable as it meets the performance requirements of the DCP (see Section 6.1). 

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application seeks consent to carry out alterations and first floor additions to the existing dwelling house.  The following works are proposed on the ground floor level: -

 

-           Erection of an extension to bedroom 3 at the front of the dwelling house;

-           Internal reconfiguration to bedroom 1, bedroom 2, an ensuite and wardrobe;

-           Erection of a new staircase to the proposed first floor; and

-           Provision of new skylight windows over the play area.

 

The following works are proposed for the first floor additions: -

 

-           Erection of first floor additions to provide for a study area, a kitchen with dining and lounge areas, a WC and a deck to the rear of the dwelling adjacent to lounge area with 1.8m high louvre privacy screen on east and western sides.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Broome Street, between Beauchamp Road and Meagher Avenue, Maroubra, and is occupied by a single storey brick dwelling house.  The site is rectangular in shape with a frontage of 8.535m to Broome Street, a depth of 29.5m and a total site area of 251.5sqm.    The site falls towards the rear with a difference in level of up to approximately 3m.  The surrounding area is residential in nature and contains a mixture of single and two storey dwelling houses and three storey multi-unit housing developments.

 

4.    SITE HISTORY

 

a.           APPLICATION HISTORY

 

 

72/00625/BZ

Alterations

Approved

01/01/72

93/01242/BZ

Deck and pergola to dwelling

Approved

12/01/94

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan for Public Notification of Development Proposals and Council Plans.  The following submissions were received:

 

5.1  Objections

 

John & Elsie Fleming - 104 Broome Street, Maroubra

 

1.   Loss of natural light.

 

2.   The shadow diagrams prepared by the applicant are inadequate as they only show the winter shadow at 9am.

 

Comments:

 

1.   This issue is addressed in Section 6.1 of this report.

 

2.   It is considered that the shadow diagrams provided by the applicant are adequate in that the diagrams have been prepared in accordance with the Development Application Guide with the following details:

 

-     North point.

-     Scale.

-     Position of existing and proposed buildings.

-     Shadows cast during the winter solstice for 9.00am, 12noon and 3.00pm.

-     Show change in shadows from existing to proposed development.

-     Elevational shadow diagrams for adjoining building.

 

David Villatora – Unit 35, 75 Broome Street, Maroubra

 

1.   The height of the first floor additions is excessive and it will block the views from their unit.

 

2.   The style of the additions is very different from other first floor additions in Broome Street.

 

3.   The proposed first floor additions will provide a capacity for direct overlooking into their unit.

 

Comments:

 

1.   Given the Unit is on the second floor of a residential flat building and the building is sited on a site which is higher than the subject site and only distant district views can be seen from the Unit, it is considered that the proposed first floor additions should not have any significant adverse impact on views from their unit. 

 

2.   The style of the proposed first floor additions is considered to be appropriate and is compatible with the character and appearance of the existing dwelling house and adjoining developments.

 

3.   Given the subject site is on the lower side of Broome Street and Unit 35 is on the second floor of a residential flat building which is on the opposite side of the street, it is therefore considered unlikely that the proposed first floor additions will have the capacity to overlook directly into the living areas of Unit 35.

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2B under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. 

 

6.1  Policy Controls

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

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

 

 

 

 

 

 

 

 

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

 

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

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

 

S2  Private open space

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

 

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

 

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

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

P6  Unpaved or unsealed landscaped areas are maximised.

 

S1  40% of the total site area is landscaped.

 

S6  20% of the site area is permeable.

 

 

Yes – 44%

 

 

 

Yes – 22%

FLOOR AREA

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

FSR

<300m2            0.65:1

 

Yes – 065:1

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

P6  Design allows view sharing.

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

 

 

No – 7.5m (see Section 7.1)

 

 

Yes

BUILDING SETBACKS

Rear Setback

 

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

 

Side Setback

 

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

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

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

 

 

Yes

 

 

 

 

 

No - 190mm from western side boundary. 1m from eastern side boundary (see Section 7.1)

 

No – 900mm from western side boundary (see Section 7.1)

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

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

 

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

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

SAFETY AND SECURITY

P1  Buildings provide comfortable living and sleeping environment.

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

Yes

 

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.

 

7.1       Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

Landscaping

 

The objectives and performance requirements of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced, dwellings are provided with usable outdoor recreation area, storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

Preferred solutions include that a minimum of 25m² of useable private open space be provided, a minimum of 40% of the total site area is provided as landscape area, half of which should be soft permeable landscaping, and each dwellings private open space shall be capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

 

The proposed development complies with the landscaping preferred solution requirement in that 44% of the site area remains as landscaped area and approximately half of which would be soft permeable landscaping.

 

Floor Area

 

The objective and performance requirements of the DCP are that developments are not excessive in bulk or scale, compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street.

 

The preferred solution indicates that the maximum floor space ratio for a site area of 251.5 sqm is 0.65:1.  The proposed development will have a floor space ratio of 0.65:1, which complies with the preferred solution of the DCP. 

 

Height, Form & Materials

 

The objectives of the DCP are that developments should not be excessive in height and scale and are 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 and the length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

 

The majority of the proposed first floor additions are within the maximum external wall height of 7m, except the northern wall and a small section of sidewall, which exceed the maximum wall height limit by approximately 500mm.  This is due to the slope of the site.  In addition, it is noted that the proposed first floor additions will have a ceiling height of 2.4m which is the minimal and it would be unreasonable to reduce the height of the first floor addition any further to meet the external wall height requirement of the DCP.  For these reasons, the proposal is considered to be acceptable as it satisfies the objectives and performance requirements of the DCP. 

 

It is considered that the overall design of the proposed first floor additions is acceptable as the proposed pitched roof is consistent with the existing roof form of the subject and adjoining dwelling houses and given the majority of the first floor additions are within the maximum external wall height limit, it is not considered that the design of the first floor additions will have any significant impact upon the views of the adjoining properties.     

 

Building Setbacks

 

The objectives and performance requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours, and with respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape.

 

Preferred solutions include that side setbacks be 900mm for any part of the building at ground level and 1.5m at first floor level, and that no part of the building is closer than 4.5m from the rear boundary.

 

The majority of the proposed first floor additions will be setback 1.5m from the side boundaries which complies with the preferred solution of the DCP.  However, a small section (approximately 3m) of the first floor additions will have a setback of 900mm from the western side boundary which does not comply with the preferred solution of the DCP.  As the non-compliance is minimal and will not result in any significant additional impact on the amenity of the adjoining property at 104 Broome Street in terms of access to the daylight/natural light, it is therefore considered that the proposal is acceptable in this circumstance.    

 

The ground floor of the existing dwelling provides for a 190mm setback from the western side boundary and 1m from the eastern side boundary.  The proposed first floor additions provides 1.68m setback from the western side boundary for the major portion of the additions with a small section (2.74m in length) of the wall that is setback 900mm from that boundary, which is considered to be acceptable.  The setback of the additions on the eastern side is to maintain the existing wall alignment of the ground floor, which does not comply with the preferred solution of the DCP. Given that the subject and adjoining properties (Nos. 100 & 104) are all setback approximately 190mm from the western side boundary and 1m from the eastern side boundary and these dwellings are already overshadowed by each other, it is considered that in this instance it would be unreasonable and impractical to require the proposal to be set back further from the eastern side boundary to comply with the preferred solutions of the DCP. The proposal is therefore considered to be acceptable in this circumstance. 

 

Visual & Acoustic Privacy

 

The objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The performance requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies and where necessary, separation, screening devices and landscaping.

 

It is not considered that there will be any significant impact upon the privacy of the neighbouring residents in that there will be only one small window opening on side elevations of the proposed first floor additions and that window is for a toilet.  In addition, two 1.8m high louvre privacy screens are proposed on both sides of the rear first floor deck which will minimise the capacity of overlooking into neighbour’s private open spaces and should provide adequate privacy for occupants of the dwelling and the adjoining neighbours.  For these reasons, the proposal is considered to be acceptable as it satisfies the relevant performance requirement of the DCP.

 

Safety & Security

 

The objectives and performance requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance, dwellings and their entrances are readily identifiable by street numbering and design of front fences and landscaped areas allows for safe access to the dwelling.

 

Preferred solutions are that the front doors of dwellings are visible from the street, at least one habitable room window overlook the street, a Council approved street number is conspicuously displayed at the front of the dwelling or front fence, and that any front fence comply with the other relevant requirements of the DCP. 

The proposal will provide sufficient windows on the ground and first floor levels of the dwelling, which overlook the street to enable casual surveillance of the public domain and therefore the proposal is considered to be acceptable in this regard.

 

Solar Access and Energy Efficiency

 

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

 

As a general guide new dwelling houses and attached dual occupancies must demonstrate that they have been designed to achieve energy efficiency, NatHERS, rating of 3.5 stars and buildings are orientated and internally configured to take advantage of and maximise solar access.

 

The preferred requirements of the DCP state that the design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties.  Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.

 

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

 

The applicant has provided shadow diagrams (plans and elevations) of the winter solstice with the application, which demonstrates the degree of additional overshadow that will arise from the proposal.  As noted above, an issue was raised by the adjoining neighbour at 104 Broome Street regarding the loss of natural light access to their dwelling, it is noted that the subject and adjoining properties (Nos. 100 & 104) are setback 190mm from their western side boundary and 1m from their eastern side boundary and the adjoining properties are already overshadowed by the subject dwelling.  In addition, the elevational shadow diagrams showed that the proposed first floor additions will cast additional shadow to the top of the windows on the eastern elevation of the dwelling at 104 Broome Street at 9.00am and at 12noon the shadow will shift to the south and will completely overshadow one of the windows on that elevation.  Notwithstanding the proposed development will cast additional overshadow to the adjoining properties, the proposal is still considered to be acceptable as the minimum preferred solution of the DCP with respect to solar access is maintained and the north facing windows to living areas of the adjoining properties receive at least 3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm on 21 June.      

 

It is noted that there are no window openings on the eastern and western elevations of the proposed first floor additions to provide adequate solar access into the living areas.  It is therefore considered appropriate to impose a condition, which requires the provision of highlight windows to the eastern and western elevations of the proposed first floor addition for a more energy efficient design and details of number, size and location of the window are to be approved by the Director of Planning and Community Development prior the issuing of a construction certificate (see Condition 3).

 

8.    CONCLUSION

 

The proposal satisfies the relevant assessment criteria and may be approved subject to appropriate conditions.  For the most part, the proposed development complies with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of the DCP for Dwellings and Attached Dual Occupancies.  Where compliance has not been achieved with the preferred solutions, the proposal meets the performance requirements of the DCP.  Having regard to all relevant matters for consideration, the proposal will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the locality.

 

RECOMMENDATION:

 

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. 0022/04 for permission to carry out alterations and first floor additions to the existing dwelling house at 102 Broome Street, Maroubra, subject to the following conditions: -     

                                                                                                           

1          The development must be implemented substantially in accordance with the plans, numbered 1-3, dated 7 December 2003 and received by Council on 16 January 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 of the proposed ground and first floor additions are to be compatible with the existing building and 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          Four (4) highlight windows (2 on each elevation) with a minimum sill height of 1700mm (measured from the first floor level) and 1200mm in width and 400mm in height are to be provided to the eastern and western elevations of the proposed first floor addition to maintain adequate access of light and ventilation to the dwelling house.  Details of compliance 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.

 

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          All crossings, repairs and ancillary works on the footway and roadway are to be carried out by the Council and the cost borne by the applicant.  A statement, prepared by the applicant or owner of the premises is to be obtained and submitted to the Council, detailing the condition and status of the roadway, footway, vehicular crossings, nature strip and public place adjacent to the premises, prior to the commencement of any works on the site and also upon completion of the works.

 

The statement is to include details of any existing damage to the roadway, footway, vehicular crossing, nature strip or public place prior to the commencement of works and details of any damage caused to the roadway, footway, vehicular crossings, nature strip or public place, as a result of the works or any associated building activities, for assessment and determination by Council.

 

8          Surface water/stormwater must be drained and discharged to the street gutter or a suitably designed absorption pit and details are to be included in the construction certificate details for the development.

 

Absorption pits or soaker wells must be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance.

 

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

 

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

 

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

 

10        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.

 

11        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.

 

 

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

 

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

 

14        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.

 

15        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.

 

16        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:

 

17        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:

 

18        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.

 

19        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.

 

20        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.

 

21        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.

 

22        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.

 

23        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.

 

24        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.

 

25        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.

 

26        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.

 

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.

 

ATTACHMENT/S:

 

A4 configuration plans

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

21 April, 2004

FILE NO:

D/0641/2003

 

PROPOSAL:

 Demolition of existing house and the construction of a multi-unit housing development containing three (3) residential units with car parking for four (4) cars

PROPERTY:

 114 Mount Street, Coogee

WARD:

 East Ward

APPLICANT:

 A Roumeliotis

 

 

 

 

 

 

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 Murray Matson, Bruce Notley-Smith and Bradley Hughes.

 

The application proposes a multi-unit housing development containing three dwellings on a small, steeply sloping site (approximately 364.2m2 in area), currently occupied by a single storey dwelling house in fair condition.  The site is an infill site and as such is constrained by the high level of overlooking from the existing three to four storey residential flat buildings on each side and to the rear and the irregular subdivision pattern of the land.  As such, the existing dwelling house does not enjoy a high degree of amenity and a more appropriate form of development is proposed consistent with the nature of the Residential 2C Zoning and surrounding development is proposed in this application.  The proposed three unit development is therefore considered reasonable in the circumstances, notwithstanding the variations proposed to statutory and discretionary controls in regards to floor space, external wall height and setbacks, as the proposed built form is considered consistent and compatible with adjacent and surrounding buildings and has been designed to minimise impact on adjoining development.

 

The proposal has been amended to achieve a more symmetrical and aesthetic form of contemporary development to the streetscape, with minimal privacy impacts to adjoining development through the retention of a large proportion of existing vegetation, the use of obscure glass windows and/or windows with raised sill levels and screened windows facing back to adjoining development.  Supplementary landscaping is also proposed to integrate and screen the development with respect to the site and its surrounds, to provide natural water infiltration and useable communal areas. 

 

Due to the orientation of the site, there will necessarily be a shadow impact from the proposal to the adjoining residential flat building to the south (116 Mount Street), however only one living room window is affected such that less than 3 hours of solar access is achieved during the winter solstice.  This is to Unit 4 within the development, at the ground floor level of 116 Mount Street, facing the street.  This level of overshadowing is largely unavoidable and would occur if a first floor addition were proposed to the existing dwelling house.  It should be noted, however, that the shadow impact from the proposed development is dissipated by the equinoxes, when all windows are in full sunlight throughout the day.  Under the circumstances, the impacts resulting as a result of the proposed development are considered reasonable and the recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application proposes the demolition of the existing dwelling and the construction of a multi-unit development containing three (3) residential dwelling units and car parking for four (4) cars at basement Level.  Two x 2 bedroom units are proposed to be located at ground floor level, while a three bedroom unit is proposed at the first floor level. A sub-basement level contains storage areas for each of the proposed three units.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Mount Street, Coogee and is identified as Lot 11 in DP 129865 and is fairly regular in shape, having a total site area of 364.2m2. The site falls steeply from the Mount Street to the rear (approximately 3.8m).  Existing on the site is a dwelling house which is one storey to the street and two storeys to the rear (see Figures 1 and 2). 

 

 

Figure 1 – subject site from Mount Street

 

Figure 2: Rear of dwelling (114 Mount Street)

 

Located on the adjoining site to the south (116-120 Mount Street) is a four storey residential flat building (its relationship with the subject site can be seen in Figures 3, 4 and 5).  This property wraps around to the rear (west) of the subject site, with the balconies and windows of the residential flat building at 116-120 Mount Street, overlooking the rear of the dwelling and yard on the subject site.

 

Figure 3 – 116-120 Mount Street

adjoining the subject site to the south (left of photo)

 

 

Figure 4: 116-120 Mount Street overlooking

south-west corner of subject site. 

 

 

Figure 5: 116-120 Mount Street to the rear (west) of the

subject site.

 

Adjoining the site to the north is a 1.8m strip of land, extending the length of the site and located between the subject site and the property known as 112 Mount Street.  The ownership of this land has not been established and although access to the rear yard of the subject site is currently gained over this land, it is not shown on the certificate of title of the subject property. Located on 112 Mount Street to the north is a multi-unit development consisting of a 3 storey building (see Figure 6).

 

 

Figure 6 – 108 – 110 Mount Street

adjoining the subject site to the north

           

4.    APPLICATION HISTORY

 

A pre-lodgement application for the demolition of the existing dwelling and the construction of a three storey multi-unit development containing four residential units was lodged on the 29 April 2003.  A meeting was held on the 20 May, 2003 and letter issued advising that the intensity of development proposed could not be supported in its current form.

 

Subsequently, the development application, reducing the number of units to three, was lodged on the 24 July, 2003 and was advertised and notified until the 20 August, 2003.

 

In response to issues raised by Council Officers regarding the building design and driveway gradients, the application was amended on the 19 February, 2004 and re-notified until 11 March, 2004.  Additionally an arborist report and a SEPP 1 submission for landscaped area were provided with the amended proposal.  The amendments to the plans include the following:-

 

·    The stair core set further back (700mm from the original alignment) and reduced in height.

·    The living and dining area to Unit 2 reduced and the balcony increased in area.

·    Balconies to Units 1 and 2 increased to a depth of 2.4m.

·    The east facing wall on Level 1 setback to increase the terrace area and to align the setback of this level with 116 Mount Street.

·    A more symmetrical front façade introduced to the design.

·    The RL of the basement car park slab raised 300mm to reduce the ramp gradient to 1 in 10.

 

5.    COMMUNITY CONSULTATION:

 

The application was advertised and owners of adjoining properties were notified of the proposed development, with the submission closing date of 20 August, 2003.  As a result of this notification, the following submissions were received:-

 

5.1  Objections

 

Damien (surname not stated)

125 Mount Street

Coogee

·          Construction noise and development traffic.  Seek assurances that no work will commence prior to 7am on any day of the week and that no construction vehicles will be parked for extended periods of time or left overnight.

 

Comment

 

A standard condition of consent is contained within the Recommendation of this report restricting the hours for building, demolition and associated site works to be carried out only between the hours of 7.00am to 5.00pm, Monday to Friday and 8.00am to 5.00pm on Saturdays and all building activities prohibited on Sundays and public holidays.  During the period of construction will necessarily be parked with the direct vicinity of the site, however, this is largely unavoidable with any development and any application for a construction zone will be conditioned in accordance with standard procedures.

 

C Murray

2/108-110 Mount Street

Coogee

·          The frontage of 114 Mount Street is too narrow for the 2/4 storey block of flats.

 

Comment

 

·          The proposal is for a 2/3 storey building fronting Mount Street.  The building is proposed to contain two residential levels and a basement parking level partly below ground level.  The upper level is recessed back from the street with respect to the lower levels of the building.  The overall building height proposed is below the limit set by the Randwick Local Environmental Plan.  The site is an “infill” site and is necessarily constrained by surrounding built form and topography, however, it is considered that the proposed built form is consistent with the zoning of the land and the surrounding buildings in the locality.

 

M and J Vesper

127 Mount Street

Coogee

·          The proposal is for an unsightly development in an already overcrowded area. Density increase undesirable

·          Inadequate car parking provided in the proposal.

·          The existing house, along with two nearby houses, breaks what otherwise would be a “canyoning” effect of unit blocks and is therefore vital to the visual amenity of the area.

 

Comment

 

·          It is considered that the aesthetics of the proposed design have been improved in the amended proposal by the introduction of greater symmetry to the building facade.  The design is of a contemporary nature and given the diversity of architectural styles in the area, it is considered that the contemporary nature of the proposal’s architectural style will not detract nor dominate adjoining buildings and is a suitable addition to the locality.

·          The proposal provides car parking on site in accordance with the numerical requirements of the Randwick Development Control Plan-Parking

·          The site and its surrounds are zoned 2C Residential, which allows the greatest density of development of all the residential zones.  As such, there is a reasonable expectation that the site can be developed to the same intensity as other properties.

 

Clisdells

623 Princes Highway

Rockdale

(Strata Managers of Strata Plan 4454, 116 Mount Street)

·          Height of units will cause shadow to Strata Plan 4454 units.

·          Parking is at premium in the area, insufficient visitor parking with inadequate street parking.

·          Units will overlook Strata Plan 4454 and will infringe on privacy.

·          Water and sewage to the area is now at capacity.

·          More units will devalue current units.

 

Comment

·          Shadow impact is considered acceptable and is discussed in the main body of this report (refer Section 8.28)

·          Privacy impacts are considered reasonable and are discussed in the main body of this report (refer Section 8.26)

·          No evidence has been provided to suggest that water and sewage capacity in the area has been reached or that increased number of units in the area will devalue the existing housing stock.

 

D O’Toole

Town Planning Pty Ltd

P O Box M20

Marrickville South   NSW   2204

(on behalf of M Kavanagh 4/116 Mount Street, Coogee)

·          The proposal does not protect the amenity of neighbouring residents by virtue of overshadowing and overlooking and therefore does not comply with the zoning objectives (Clause 12 RLEP 1998).

·          The proposal has excessive floor space and does not comply with the statutory standard (Clause 32 of RLEP 1998).  The SEPP 1 should not be supported as the proposal will completely overshadow private open space and habitable room windows of neighbouring properties.  The non compliance is indicative of the overdevelopment of the site.

·          Non compliance with maximum wall height control of RLEP 1998 (Clause 33).The SEE does not adequately address this issue.

·          The proposal does not comply with a number of requirements of the DCP – Multi Unit Housing in particular:-

General objectives for site planning (Clause 3.1.1) – there are significant impacts on neighbouring sites in terms of overshadowing, privacy and side setback controls.

Building setbacks- inadequate separation is provided adversely impacting on the amenity of neighbours by way of overshadowing and overlooking.

Density- the proposal results in excessive bulk that overshadows the property to the south.

Unit 2 has inadequate private open space (Clause 4.1.1 P6)

Inadequate separation is provided for visual and aural privacy(Clause 4.2.1)

Solar access (Clause 4.4.1) – The ground floor unit of 116 Mount Street will have its open space and solar collectors completely overshadowed between the hours of 9.00am and 3pm on the winter solstice.  In addition there are also impacts on other dwellings in the unit block to the south.

 

Comment

 

Compliance issues with both the Randwick Local Environmental Plan and the Randwick Development Control Plan- Multi-Unit Housing and impacts to adjoining properties are addressed in the Environmental Assessment Section of this report (refer Section 8).

 

The amended proposal was re-notified to owners of adjoining properties between 26 February, 2004 and 11 March, 2003.  As a result of this notification, the following submissions were received

 

D O’Toole

Town Planning Pty Ltd

P O Box M20

Marrickville South   NSW   2204

(on behalf of M Kavanagh 4/116 Mount Street, Coogee)

 

·    The amended plans do not address the main concerns raised in the original application, in particular the amendments do not address the main issues of overshadowing, floor space ratio and height, which result in a considerable impact on the neighbours of the site.  In particular the overshadowing of the block of units to the south is increased rather than decreased as a result of the amended proposal.

·    The non compliance with Council’s planning controls is indicative of the proposal being an overdevelopment of the site and should be refused because of the adverse impacts on neighbouring premises.

 

Comment

 

The proposal is considered a reasonable level of development for the infill nature of the site and given the site constraints.  Compliance issues with both the Randwick Local Environmental Plan and the Randwick Development Control Plan- Multi-Unit Housing and impacts to adjoining properties are addressed in the Environmental Assessment Section of this report (refer Section 8).

 

Siew Meng Ho

1/15 Begonia Street

Pagewood

 

·    The amended plans do not address issues raised by an earlier objection submitted by Damian O’Toole Town Planning Pty Ltd

·    The proposal does not meet the requirements of Council’s Development Control Plan in the areas of wall height, building setbacks, and in the provision of solar access to 116 Mount Street

·    The proposed development will adversely impact on the amenity of residents of 116 Mount Street by way of overlooking from balconies and rooms and overshadowing.

 

Comment

 

As stated in the previous comments, issues regarding amenity impacts and compliance with both the Randwick Local Environmental Plan and the Randwick Development Control Plan- Multi-Unit Housing and impacts to adjoining properties are addressed in the Environmental Assessment Section of this report (refer Section 8).  It is considered that given the infill nature of the site and the site constraints, the amenity impacts to adjoining properties have been minimised to a reasonable level.

 

J Weston Povaly

3/116 Mount Street

Coogee

 

·    The proposal will overshadow the front of Unit 3 all morning

·    The proposal will result in a lack of privacy to Unit 3.

 

Comment

 

It is considered that there will be no substantial increase in shadow to Unit 3 and no unreasonable privacy impacts as a result of the proposal.  Unit 3 is located to the rear of the site (west) and is well screened from the proposed new building by the existing mature vegetation, which is largely retained.  This vegetation is also largely responsible for any morning overshadowing that may occur to Unit 3.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Assets and Infrastructure Services

 

Council’s Director of Assets and Infrastructure Services has provided the following comments in relation to the proposal, as amended

 

Landscape Comments

 

1.       There are several trees located on an adjoining strip of land to the north of the site that may be affected by the proposed works, including:

 

a)         One Cotinus species (Smoke Tree) located within the front yard, close to the common property boundary. As this tree is located on an adjoining property, the applicant is to ensure the protection and retention of this tree as is indicated on the plans.

 

b)         To the west, there is one Howea fosteriana (Kentia Palm), of approximately 6 metres in height, close to the common boundary. This palm is not indicated on the plans, however, it is covered by Council’s Tree Preservation Order, and since it is located on an adjoining property, the applicant will be required to ensure its protection and retention.

 

c)         Further west, there is one Phoenix canariensis (Canary Islands Date Palm), of approximately 7 metres in height. The palm appears in average condition and is covered by Council’s Tree Preservation Order. Although it is shown for retention on the plans, this species is considered undesirable due to its dangerously sharp spines and susceptibility to the water born fungus Fusarium, which ultimately results in this species death. Council would support the removal of this palm if the applicant gained consent from the property owner, however, if this is not the case, the applicant will be required to ensure its protection and retention as is shown on the plans.

 

d)         One Citrus species (Orange Tree) located towards the rear of the site, close to the common property boundary. This tree is an older specimen, approximately 7 metres tall and appears to be in average to poor health. Council would support the removal of this tree if the applicant gained consent from the property owner, however, if this is not the case, the applicant will be required to ensure its protection and retention as is shown on the plans.

 

NOTE:       Trees a, b, c, d (above) are located on an adjoining strip of land, and therefore, the applicant will require the owners consent for any proposed works relating to these trees. These trees would not be affected by the proposed works.

 

2.       There are also several trees located within the site, including:

 

a)         One Mangifera indica (Mango) of approximately 6 metres in height, in the northwest corner of the rear yard. This tree appears in poor condition and is covered by Council’s Tree Preservation Order. Although it is listed for retention on the plans and in the Arborists Report, approval is granted for the removal of this tree subject to a more suitable replacement being provided in its place. 

 

b)         There are four (4) Citrus species (Orange Trees) of approximately 6 metres in height within the rear yard of the site, along the rear boundary, which appear in average condition and are covered by Council’s Tree Preservation Order. Although they’re listed for retention, Council would not object to their removal should the applicant so wish, subject to more suitable advanced screen planting being provided along the rear yard boundary.  However, if they are to be retained, protection measures (as described in the Arborist's Report) will need to be implemented.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

Traffic Comments

 

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

 

The driveway opening at the Mount Street frontage must be a minimum 3.50 metres wide and located at least 1.5 metres clear of the side property.

 

6.2       Environmental Health and Building

 

Council’s Manager of Environmental Health and Building has advised in relation to the amended plans that the comments made to the original proposal still stand, these being as follows:-

 

BCA Building Classification

 

·        Class 2   - Residential units

·        Class 7a – Car park

 

Key Issues

 

BCA, fire safety, noise, site management, structural requirement

 

Land Contamination

 

The issue of potential land contamination has not been raised in the information submitted by the applicant.  The property information for the subject premises has not identified any known information relating to unhealthy building land or site contamination.  Whilst previous filling of the site is unknown, the subject premises are currently used for residential purposes, as are the adjoining properties. Therefore, based on the existing residential use no further information relating to land contamination is required by the Environmental Health Unit.

 

Amenity

 

The proposed development is located in a residential area that comprises of both single dwelling houses and multi storey units.  The plans do not indicate any proposed plant or equipment i.e. exhaust fans for the basement car park, automatic gates, or air conditioning etc. This was confirmed with Angelo Roumeliotis from Artechne on 3 March 2004.  Notwithstanding this, a standard noise condition will be included to address any potential noise sources that may negatively impact on adjoining premises.

 

Basement car park

 

Limited details have been provided for the proposed ventilation of the basement car park, however the plans indicate that it will be by natural means via windows and louvered openings.  Subsequently a condition has been included to ensure the basement car park is adequately ventilated in accordance with the BCA and AS 1668.

 

7.    MASTER PLANNING REQUIREMENTS

 

The total site area (364.2m2) is less than that required for the submission of a master plan (4000m2).

 

8.    ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, including the provisions of the following relevant planning documents:.

 

8.1       Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

50% (minimum) of site area

 

50% (maximum) of required landscaped area over podiums or excavated basement

 

56% of site area

 

5.2% podium

 

 

Yes

 

Yes

 

 

32 - FSR

0.65:1

0.879:1

No–SEPP 1

33 - Building Height

10m (max)–external wall

 

 

 

 

 

12m (max)-overall

North elevation

6.4m-11.6m

South elevation

5.8m-11.1m

 

 

 

North elevation

6.4m-11.6m

South elevation

5.8m-11.1m

 

 

No-SEPP 1

 

 

 

 

Yes

 

 

8.11       Clause 31 – Landscaped Area

 

Development, otherwise than for the purpose of a dwelling house, within Zone No. 2C is required under Clause 31 (2), to provide a minimum of 50% of the total site area as landscaped area.  The purpose of the development standard is stated as:

 

“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 provides approximately 56% of the site as statutorily defined landscaped area.  This figure includes a podium area and garden areas located under cantilevered sections of the building equivalent to approximately 17.1% of the total site area.  It is considered that these areas fall within the meaning of “landscaped area” as contained within Clause 49 of the RLEP 1998.  A landscape plan has been provided as part of the development application and the landscaping proposal is considered acceptable for the following reasons:-

 

·    The area to the rear of the dwelling located on the podium level would remain as paved area even if it were at ground level.  The paving configuration provides for ground cover and grasses planted in between paving.  As such the use of this additional texture softens the visual impact of the development.

·    The landscape plan submitted as part of the amended proposal ensures that the proposal will be appropriately screened and softened by suitable peripheral vegetation.

·    The paving area has been designed as pervious area and will absorb a proportion of the water run-off.

·    The podium area in conjunction with other open space areas provides adequate outdoor recreational space.  The stepping down and levelling of the rear yard is important to ensure that the open space is practical and useable and is necessary due to the site topography.

 

It is considered that the proposal, as demonstrated by the submitted landscape plan, provides sufficient areas of landscaping for communal recreation area, to adequately soften the visual impact of the development and to assist in the natural infiltration of water on the site.

 

8.12       Clause 32 – Floor Space Ratios

 

Under Clause 32(2), a maximum floor space ratio (FSR) of 0.65:1 is applicable as the site area (364.2m2) is less than 700m2.  The proposed development has a FSR of 0.879:1 which does not comply with this development standard.

 

The objective of the FSR standard under the RLEP 1998 is as follows:

 

To establish reasonable upper limits for development in residential, business, industrial and special uses 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.

 

A  SEPP 1 submission has been received with the application that argues that compliance with the standard in this instance is unreasonable and unnecessary for the following reasons:

 

·        The subject site is surrounded by substantial residential flat buildings.

·        The adjoining properties contain residential flat buildings on similar size sites, with similar FSR.  Accordingly the site is an infill site that would require a development in the form of a residential flat building to provide a degree of consistency and compatibility with the surrounding built form and land uses.

·        The form, bulk and scale of the proposed development are totally compatible with streetscape.

·        The proposed building has been designed to accommodate the site’s constraints including topography and irregular subdivision pattern, to be compatible with adjacent and surrounding buildings and to minimise impact on adjoining development.

 

The SEPP 1 submission is generally considered to be well founded and may be supported.  The bulk and scale is commensurate with the adjoining development in Mount Street.  Given the infill development nature of the site and the site constraints, including topography, subdivision pattern and surrounding development, it is considered that the proposal satisfactorily minimises the impact to adjoining development and the street, while still providing for reasonable level of development within the 2C Residential Zone.

 

8.13       Clause 33 – Building Heights

 

Clause 33 (2) of RLEP 1998 requires that the maximum building height for a building, other than a dwelling house, within Zone No. 2C be no more than 12 measured vertically from any point on ground level, while the maximum external wall height, under Clause 33 (4) is 10m measured vertically from any point on ground level.  The purpose of the development standard for building heights is as follows:-

 

“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 has a building form consisting of parapet walls and a roof with a minimal pitch.  Thus the overall height and external wall height are the same and obtains a maximum of 11.6m. The proposal therefore complies with the requirements of Clause 33 (2) relating to overall height but does not achieve compliance with Clause 33 (4) of RLEP 1998 relating to external wall height.

 

The applicant has submitted a SEPP 1 submission that argues that strict compliance with the development standard is unreasonable and unnecessary for the following reasons:-

 

·        The non compliance is restricted to the upper level at the rear of the building and occurs as a result of the site topography.

·        The front of the building complies with the wall height control and does not dominate the streetscape.  This is illustrated by the submitted streetscape perspective which shows that almost all the buildings on the western side of the street exceed the wall height and/or overall height limit due to the topography.

·        The proposed development is of a height, size and bulk which is generally in keeping with the existing development in the surrounding locality and is compatible and consistent with the form of development envisioned by the zoning.  The adjoining building to the north has a height of approximately 11m, while the adjoining building to the south has a height of approximately 11m at the street and 14m at the rear.  The proposed building has been designed as an infill building to break up the building mass and provide an appropriate articulation of building form.

·    The proposed building has been designed to minimize the impacts of overlooking, overshadowing and view loss.  This has been achieved by the deletion of rear balconies (originally included as part of the pre-lodgement application); setting back the upper level from the rear; the provision of obscure glass windows and highlight windows; off-setting windows; the orientation of balconies away from adjoining properties; retaining existing landscaping and providing supplementary landscaping.

 

The SEPP 1 submission is generally considered to be well founded and may be supported for the following reasons:-

 

·        The proposed development is below the overall height limit for buildings in the 2C Zone.  The proposed design, utilising a roof form with minimal pitch, contained behind a parapet, presents a less bulky building than would otherwise be the case if a more conventional hipped or gabled roof form were adopted.  This also serves to minimise the impacts of overshadowing and view loss to neighbouring properties.

·        The proposed variation to the maximum external wall height control of 10m occurs only along the upper level of the building, which is recessed back to the both the north and south from the basement and ground floor walls below. This variation to the external wall height occurs only at the upper level toward the rear of the building as a result of the site topography. 

·        The proposed building has a stepped and articulated form along all elevations thus breaking down the scale of the building.

·        It is considered that no significant view loss will result from the proposed development.

·        The proposed development, with a maximum height of RL 64.02, provides an appropriate contextual fit with the adjoining development in the streetscape (116 Mount Street – parapet RL 65.5 and 112 Mount Street – ridge RL 65.6). 

·        The proposal has a stepped (recessive form to the street) thus serving to breakdown the impacts of height, bulk and scale of the proposed building to the street.

·        The shadow impact to the adjoining buildings to the south in Mount Street (116 Mount Street), is not considered unreasonable in the circumstances of an appropriate infill development for the site.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.2       Randwick Development Control Plan - Multi-Unit Housing

 

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.

 

 

 

 

 

 

 

 

 

S2   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.

 

 

No, however the proposal is consistent with the existing setback of the dwelling house, with the wall of the upper level setback to correspond with the setback of the front balcony line of the adjoining building to the south.  Refer planning comments below.

 

No- refer Section 8.22 below

Northern side

Sub-basement 2.2m

Basement 0.9m

Ground 0.9m

First 0.9m and 2.3m

 

Southern side

Sub-basement 2.2m

Basement 1.2m and 1.8m

Ground 1.2m

First 1.2m and 2.3m

 

Unarticulated wall length 13.8m approximately at ground floor level and 11.9m approximately at first floor level

 

 

 
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.

 

 

S3.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.

 

 

No- refer Section 8.22 below

Sub basement 4.8m, 5.9m and 7.575m

Basement 4.8m and 6m

Ground 4m and 6m

First 6.55m and 7.3m

 

Maximum length of any section of wall 8.2m

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Yes – surrounding built form is generally three to four storey buildings

 

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.

 

 

Yes-by condition.  No front fence is shown on submitted plans

 

 

LANDSCAPING AND PRIVATE OPEN SPACE

 

Landscaped Areas

P1 Sufficient size allow recreational activities and substantial vegetation.

 

 

S1  Minimum for landscaped area 2 metres.

 

 

No - refer Section 8.25 below. Some areas of landscaping to side of proposed building are less than 2m.

 

 

P2        Landscaped areas around flat buildings be undivided

communal open space.

 

 

Yes - the proposal does not alienate communal space around building into private ownership

 

 

 

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.

 

 

 

 

Yes

Private open space in form of balconies and terraces accessible from main living areas.  Reasonable levels of privacy maintained commensurate with nature of building type.  No private open space provided at natural ground level.

 

 

 

Flats and apartments

 

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

 

 

 

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

 

 

 

 

Yes

Unit 1- 12m2 (2.4m x 5m)

Unit 2- 12m2 (2.4m x 5m)

Unit 3 – 14.5m2 (2.9m x 5m) +

              14.5m2 (2.9m x 5m) +

               11.85m2 (1.5m x 7.9m)

 

PRIVACY

 
Visual Privacy

 

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

 

 

 

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

 

 

 

Yes - by condition.  Refer planning comments.  All but one window on southern side proposed as either obscure glass or highlight window.  Northern and southern sides well screened by existing landscaping.  Balcony on southern side forward of balconies of adjacent development to south

 

VIEW SHARING

 

 

 

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

 

 

 

 

 

 

 

Minimal impact on views – Refer planning comments

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

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

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

 

 

 

 

Refer Section 8.28 below.  Shadow affectation to living area of Unit 4 of adjoining property to south (116 Mount Street) such that less than 3 hours sunlight maintained at winter solstice.

 

 

 

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.

 

 

 

 

S4 75% of dwellings achieve 3.5 star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars.

 

Note:

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

 

 

 

 

 

Yes –By condition. Certification for original proposal

Unit 1- 3.5 stars

Unit 2-4.5 stars

Unit 3-3.5 stars

Amended proposal conditioned

 

 

P6 Heat loss is minimised in plumbing and services.

 

 

Yes by condition of consent

 

 

P7 Outdoor space for clothes drying provided. 

 

Yes by condition of consent

 

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.

 

 

Yes by conditions of consent.  Refer planning comments

 

PARKING

 

 

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

 

 

P3 Secure storage for bicycles is provided.

 

 

Yes – considered acceptable

Basement level car parking elevated with respect to street level but landscaping proposed to provide partial screening.

 

Yes –considered acceptable

Each unit provided with 10m2 storage space capable of providing bicycle storage

 

DRIVEWAYS AND MANOUVERING AREAS

 

P1 Driveways and manoeuvring areas minimised.

 

 

Yes – Driveway provided with minimal width of 3.5m.  Manoeuvring areas provided within basement level car parking in accordance with design guidelines in DCP-Parking

 

 

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.

 

Yes-Vehicles capable of leaving site in a forward direction in accordance with preferred solutions

 

 

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.

 

Yes -Driveway width of 3.5 m and set 2m from northern side boundary

 

 

P5 Materials and finishes consistent.

 

S5 Large expanses of uncoloured concrete avoided.

 

No large areas of concrete

 

 

P6  Driveway gradients safe.

 

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

 

Driveway gradient complies

 

 

STORAGE

 

P1 Accessible and separate storage for each dwelling.

 

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

 

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

 

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

 

 

Yes – 10m2of storage space with 2.5m clearance at sub basement level, however no storage space provided within dwellings other than built in wardrobes and kitchen cupboards

 

BARRIER-FREE ACCESS

 

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

 

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

 

Not applicable

 

 

 

P2  Dwelling requirements are: 

 

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 and so on.

 

 

 

 

 

Not applicable

 

 

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

 

 

Not applicable

 

WASTE MINIMISATION AND MANAGEMENT

 

P1 Waste collection and separation facilities are provided.

 

S1  Storage cupboard in each kitchen sufficient which enables separation of recyclable material.

Holding at least a single day’s waste.

Landscaped areas provide composting.

 

Yes by condition  of consent

 

 

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.

 

 

Yes - garbage room provided at basement level capable of providing garbage and recycling containers. Condition for ramp required for wheeling bins to street

 

8.21       Height

 

Compliance with the statutory height controls has been previously discussed in the report. It is considered that the proposal provides substantial variations in the massing of the building by recessing the upper (first floor level) on all elevations with respect to the ground floor level, the provision of an open terrace on the eastern and northern elevations of the first floor, recessing the building walls behind quite deep balconies (2.4m) at the ground floor level and the projection of the central stairwell forward of the front wall line.  This creates visual interest to the street and gives the building a contemporary appearance. 

 

The use of parapet walls, minimal roof pitch and recessed upper level results in a building form and envelope significantly lower than would otherwise be the case with a more traditional building form.  The proposed design thus serves to minimise the impacts to the adjoining properties.  The impacts of the proposed height in terms of solar access, visual bulk and privacy to adjoining properties are considered acceptable given the site constraints.  It is therefore considered that the proposal is consistent with the performance requirements and objectives for height as contained within the DCP.

 

8.22       Building Setbacks

 

The objectives for building setbacks are as follows:-

 

·          To reduce the impact of development on adjoining land.

·          To ensure that adequate separation is maintained between buildings for landscaping, visual and acoustic privacy, sunlight penetration and private open space.

·          To integrate development with desirable characteristics of the established streetscape.

 

Front boundary setbacks

 

The performance requirement for the front setback is that it be consistent with the setback of adjoining development or the dominant setback along the street. The front setback is to be determined by the existing and desired future character of the streetscape.

 

The existing streetscape presents an irregular pattern of front setbacks of development to the street.  The proposal maintains the existing front setback at ground level to the balconies, with the wall of the upper level setback to align with the adjoining development to the south (116 Mount Street).  This is considered acceptable as it is consistent with the existing irregular front setbacks present in the street.

 

Side boundary setbacks

 

The proposal does not comply with the preferred solutions of the DCP-Multi-Unit Housing (a minimum average setback of 5m from any side boundary with no part being closer than 3.5m) and has northern and southern side boundary setbacks of between 0.9m and 1.2m at the ground floor level, with the upper level walls setback 2.3m from the southern boundary and 2.5m from the northern boundary.

 

It is considered, however, that given the restricted nature of the site in terms of its dimensions, adequate separation is provided to adjoining development.  The proposal is adjoined to the north by a 1.8m strip of land, which does not appear to be owned by surrounding properties and which provides a building separation of approximately 5m from the adjoining three storey residential flat building to the north (112 Mount Street).  This is well vegetated by existing trees which provides a high level of screening.  An arborist report has been submitted that indicates that the trees on this strip of land will remain unaffected by the proposed works and appropriate conditions of consent for their protection are contained within the Recommendation of this report. 

 

To the south, the proposal is adjoined by a three storey residential flat building (116 Mount Street), which has a 2.5m driveway along the common boundary of the site.  Objections have been received from 116 Mount Street in regard to the impacts of the development and in particular the overshadowing and privacy impacts to Units 3, 4 and 8.

 

At ground floor level, the proposal provides obscure glass to all windows along its southern elevation to ensure privacy to the ground floor unit at 116 Mount Street.  At the first floor level, the proposal has an increased setback as noted above, providing a separation to the building at 116 Mount Street of between 4.8m and 5.6m approximately.  Three windows are provided along the southern elevation of the first floor level, two of which are highlight windows.  To ensure adequate levels of visual privacy are maintained to 116 Mount Street, it is recommended that the remaining window (Bedroom 3 window) also be a highlight window or have external louvres.  An appropriate condition of consent is contained within the Recommendation of this report.

 

Shadow diagrams have been provided with the amended proposal for the winter solstice (June 21) that indicate that some additional shadow will be cast over the L-shaped residential flat building at 116 Mount Street, in particular the windows of Units 4 and 5 on the ground floor of the building.  Only a minor shadow impact is experienced by units above on the first floor and the shadow to these units and the shadow to Unit 5 cast by the proposed development will have dissipated by midday. The windows on the northern elevation of Unit 4 will be affected throughout the day on the winter solstice, however only one of these windows is a living room window.  This is located below the balcony line of the unit above in the block.  The living room is orientated to the street and is provided with eastern light.  The shadow impact is discussed more fully later in the report (refer to Section 8.28), however it is considered acceptable in the circumstances.

 

Rear boundary setbacks

 

The proposed development has a minimum setback of 4m to the rear boundary.  This is at the ground floor level of the building, and also has an average setback at this level of 4.74m.  The proposal achieves a minimum setback of 6.55m at the first floor of the building and an average setback of 6.94m.  Although this does not achieve compliance with the preferred solutions (a minimum average setback of 8m from the rear boundary, with no part closer than 6m.), it is considered acceptable as the proposal retains the existing dense vegetation at the rear of the site, provides limited windows at the ground floor level and screened windows only on the first floor level along the rear elevation and is consistent with the performance requirements.  Therefore the proposal is considered is unlikely to impact adversely on the amenity of adjoining residents to the rear.

 

8.23       Density

 

The variation sought to the statutory standard has been discussed previously in the report and it is considered that the size, bulk and scale of the proposed development are consistent with the existing three to four storey character of the area.

 

8.24       Fences

 

Front fences are to integrate with the local streetscape, complement the architectural design of the building and fence design features of the locality.  Details of the proposed front fence have not been provided as part of the application and as such an appropriate condition of consent in accordance with the preferred solutions is contained within the Recommendation of this report

 

8.25       Landscaping and Private Open Space

 

Compliance with the statutory requirements for landscaped area has been discussed previously in the report.  The proposal achieves technical compliance with the minimum of 50% of the total site area as landscaped area, with the landscaped areas on podiums not exceeding the 50% of the required landscaped area.  It should be noted, however, that the preferred solution is that the minimum dimensions for an area of land included in calculation for landscaped area requirements be 2m.  In this regard, landscaped areas located on the northern and southern sides of the proposed development do not achieve compliance as they have minimum widths of 900mm and 1.8m respectively and on the southern side and are partly contained below cantilevered sections of the building above.

 

Notwithstanding, the proposal provides for the retention of a substantial amount of the mature vegetation to the rear of the site, which supplies ample screening to soften the visual impact of the development to the rear.  As well substantial screening is also provided to the benefit of the site by way of plantings on the strip of land immediately to the north, the ownership of which is unverified.  This area of land is not capable of development and the landscaping on it also serves to soften the development and screen it from the adjoining property to the north (112 Mount Street). 

 

Private open space is provided for the two ground floor level units by way of balconies facing the street, 2.4m in width and 5m in length approximately, while the unit located on the upper level of the development is provided with two terrace areas facing the street, 2.9m in width and 5m approximately in length, as well as a north facing side terrace area approximately 1.5m in width and 7.9m in length.  The proposal thus achieves compliance with the numerical requirements for private open space for flats and apartments, being that each apartment has a balcony with a minimum dimension of 8m2 and a minimum dimension of 2m.

 

It is considered therefore that the performance requirements for landscaped area and open space are adequately achieved, in that areas of sufficient size for recreational activities are provided for each dwelling, with the primary areas of private open space for each dwelling readily accessible off living areas.  Further a landscape plan has been provided with the application demonstrating that supplementary landscaping and permeable paving are provided sufficient to integrate the development with the locality and to assist in stormwater run-off.

 

8.26       Privacy

 

It is considered that the proposed amended design satisfactorily achieves the objectives for visual and acoustic privacy for both future residents and adjoining properties, subject to appropriate conditions as contained within the Recommendation of this report.  Windows on the northern elevation and the upper storey terrace on the northern side of the building are well screened by existing vegetation which largely is to be retained, while all the windows on the southern side of the building are either proposed as having obscured glass and/or being highlight windows with raised sill levels.  It should be noted however that the plans and elevations are inconsistent with the detailing of these windows.  Accordingly an appropriate condition of consent is contained within the Recommendation of this report to ensure a consistent approach to their treatment to minimise overlooking and ensure adequate privacy levels.  

 

Windows on the rear elevation of the building are also well screened by the existing vegetation which is largely to be retained as part of this proposal (refer Figure 7 below).  Additionally the windows on the rear elevation of the proposed building are bedroom windows at the ground floor level and a bedroom and an ensuite window on the upper level. These upper level windows are shown to be screened by timber battens.

 

 

Figure 7 - Existing vegetation at rear of site

 forming a screen to 116 Mount Street units

 

It is considered that reasonable levels of user privacy will be obtained from balconies and terraces and the use of these balconies will not substantially impact on the amenity of neighbouring properties.

 

8.27       View Sharing

 

The objectives for view sharing seek to minimise the obstruction of views by new development from adjoining buildings and public places. 

 

It is considered that there will be no loss of view from public places as a result of the proposed development.

 

The subject site is surrounded by buildings in the vicinity with a higher built form, thus restricting the outlook of the immediately adjacent buildings (refer to Figure 8 below).  In particular, the height of the proposed development (parapet RL 64.02) is lower than the multi-unit housing development immediately to the north of the subject site (112 Mount Street – ridge RL 65.6) and the building immediately to the south of the site (116 Mount Street - parapet RL 65.5).  As well, the building envelope falls within the overall height limits set by RLEP 1998. 

 

While some limited district views to the north-east may be obtained over the existing roof of the dwelling house on the subject site from the top and middle levels of 116 Mount Street to the south, it is considered that the proposal would not result in a loss of any significant feature in the outlook from the adjoining property to the south and the proposed design is acceptable in relation to its location and existing topography.  It should be noted that people standing on the balconies on the upper level of 116 Mount Street will still be able to look over the top of the proposed building on the subject site.  As a point of comparison, it should also be noted that even if the existing intensity of development on the site were to be retained, i.e. a dwelling house, a second storey addition would have a similar impact on the outlook from the middle level units at 116 Mount Street.

 

 

Figure 8 - Views over subject site taken

from 116 Mount Street to the south

 

8.28       Solar Access and Energy Efficiency

 

As certified on the original proposal, the units within the proposed development achieve compliance with the preferred solutions for solar access and energy efficiency requirement in that no dwelling achieves less than a 3.5 stars NatHERS rating.  It is considered that the degree of change incorporated in the amended proposal would not substantially affect their NatHERS rating, however an appropriate condition of consent has been included in the Recommendation in order to verify that compliance is achieved with the Preferred Solutions.

 

As noted previously in the report, there will be an increased shadow impact on the adjoining multi-unit building to the south (116 Mount Street) as submitted in the objections received.  In particular the unit most affected by the shadow is Unit 4 on the ground floor level at the front of the building.  This unit is in an elevated position with respect to the driveway and garages on its site.  It has three windows on the northern elevation, these being a living room at the front (recessed behind the balcony overhang from the unit above), a bathroom and a bedroom.  The living room also has sliding glass doors on its eastern elevation leading onto its balcony and the unit also has a southern aspect.  It should be noted that the performance requirement for solar access internally to neighbouring dwellings relates to their living areas only, such that sunlight access is not reduced to less than 3 hours per day throughout the year and where less than 3 hours is available in the existing situation, then new development is not to reduce it further.

 

Shadow diagrams in elevation have been prepared by the applicant (attached to this report) that demonstrate that, while the three windows on the northern elevation of Unit 4 remain substantially in shadow throughout the day on the winter solstice, the shadow impact to other units at 116 Mount Street from the proposed development is minimal.

 

It should be noted that this impact is the worst case scenario, with solar access improved from this point such that by the equinoxes (22 March/22 September) all windows on the northern elevation of 116 Mount Street remain unaffected by shadow from the proposed building throughout the day.

 

It is considered that it would be unreasonable not to approve the subject application based on the shadow impact from the proposed development on one window of an adjoining property given the high density nature of the zoning and surrounding development, especially as there is an absence of significant adverse privacy and view loss impacts resulting from the proposal.  Further the applicant has submitted elevation shadow studies (also attached) that indicate that a similar shadow impact to Unit 4/116 Mount Street would result even if the site were only developed to a less intense form as a first floor addition to the existing dwelling house.  Under the circumstances therefore, refusal on the grounds of adverse shadowing is not warranted.

 

8.29       Safety and Security

 

It is considered that the proposed design is consistent with the objectives and performance requirements for a safe and secure residential environment, subject to appropriate conditions of consent for security to the car parking area and common areas contained within the Recommendation. The building and landscaping design allow for casual surveillance of footpaths and driveways, with the building entry highly visible from the approaches to the site.  No high walls to the building and open space areas are proposed which obstruct views into the development.

 

8.3       Randwick Development Control Plan-Parking

 

The parking provision for the amended proposal is given in Figure 9 below.

 

 

 

 

Figure 9– Parking Requirements

 

Type of land use

Parking Requirements

Provided

Compliance

Multi-unit housing

 

 

 

     Residential

3.9 residential car spaces

4  

Yes

     Visitor

None required

None provided  

Not applicable

     Bicycle (residential)

1 residential bicycle spaces

Large individual storage spaces at the sub-basement level capable of providing bicycle storage

Yes

 

It is considered that the car parking layout complies with the requirements of the Randwick Development Control Plan–Parking subject to the provision of bicycle parking.  It is considered that the storage facilities provided for each unit are of sufficient size and dimensions to provide bicycle parking, as well as sufficient storage area and in this instance a dedicated bicycle parking space is not required.

 

8.4       Section 94 Contributions Plan

 

The calculations for the residential component of the proposed development are set out in Figure 10 below.  Please note a credit has been given for the existing three/four bedroom house on the site.

 

Figure 10: Levies for residential development

Units

Open space levy per unit ($)

Total open

Space

($)

Community facilities levy per unit ($)

Total community facilities

($)

2 x 2 Bedroom

1,792.88

3585.76

792.72

1585.44

 

8.5       Randwick Rainwater Tank Policy

 

Council’s Rainwater Tank Policy, effective from the 15th October, 2003, requires all new development to install a rainwater tank for the collection and reuse of roof water.  This should be connected for the internal purpose of toilet flushing and clothes washing (cold water only) and then allow for other authorised uses such as landscape watering and the like.  On site detention is proposed as part of the application and consequently it would not be difficult for the applicant to meet the rainwater tank requirements.  Accordingly an appropriate condition of consent is contained within the Recommendation of the report.

 

8.6       Strata subdivision

 

Strata subdivision of the finished building has been deleted from the subject development application by e-mail dated 15 April, 2004 and will be the subject of a further development application at a later date, as a draft strata plan has not yet been prepared for consideration.

 

9.    CONCLUSION

 

The proposal seeks variation to statutory controls for floor space ratio and external wall height under RLEP 1998 by way of SEPP 1 submissions.  The SEPP 1 submissions are considered appropriate in the circumstances of the “infill nature of the site and its constraints, including topography, subdivision pattern, high level of overlooking from surrounding flat development.  As such, the proposed bulk, form, scale and height are consistent with the surrounding built form and the proposed design minimises its impact on adjoining development and the streetscape and may be approved subject to appropriate conditions.

 

10.  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 support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 33 (4) of the Randwick Local Environmental Plan 1998 (as amended) relating to maximum external wall height 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

 

C.          THAT Council, as the responsible authority, grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act, 1979 (as amended) to Development Application No. 641/03/GE for demolition of the existing house and the construction of a multi-unit housing development containing three (3) residential units with car parking for four (4) cars at 114 Mount Street, Coogee subject to the following condition:-

 

DEFERRED COMMENCEMENT CONDITION

 

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

 

1.           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 finishes (i.e. a schedule and brochure/s or sample board keyed to building elevations) are to be submitted and shall include metal roof sheeting painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment

 

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

 

DEVELOPMENT CONSENT CONDITIONS

 

D.          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. 641/03/GE for demolition of the existing house and the construction of a multi-unit housing development containing three (3) residential units with car parking for four (4) cars at 114 Mount Street, Coogee subject to the following conditions:-

 

1.           The development must be implemented substantially in accordance with the plans numbered DA 04, DA 06- DA14, all revision B, dated 9 February, 2004 and received by Council on 19 February, 2004 and DA 05, revision B, dated 9 February, 2004 and received by Council on 23 February, 2004; Landscape Plan , numbered 00103, dated 17 July, 2003 and received by Council on 19 February, 2004; the application form and on any supporting information received with the application, except as may be amended by the details approved with the deferred commencement conditions and 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 ground floor windows on the southern elevation of the building shall be detailed consistent on the floor plan DA-07 and the elevation DA 12 as either obscure glass or highlight windows prior to the issue of the construction certificate

 

3.           Visitor entry to all units and common areas shall be controlled by intercom and remote controlled locking systems.  Details to be provided with the construction certificate.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

12.         The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of Planning & Community Development, prior to the commencement of works.

 

13.         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.

 

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

 

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

 

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

 

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

 

17.         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 Tanks Policy.

 

The tank is to be located a minimum of 500mm from the side boundaries and is to have a maximum height above ground level of 2.4 metres. The tank is to be installed behind the front building line and is to be located at podium level and incorporated into the landscaping plans for the site. The noise level from any pump is not to exceed 5dBA above ambient background noise, measured at the property boundary. Overflow is to be directed to Council's approved stormwater system or suitable absorption area (designed by a professional engineer, building surveyor or accredited certifier).

 

This condition is imposed to ensure compliance with Council's Rainwater Tank Policy and promote the principles of water conservation and ecologically sustainable design (ESD). Details required by this condition are to be included with the Construction Certificate application.

 

18.         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.

 

19.         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.

 

20.         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 manufacturer’s details.

 

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

 

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

 

22.         The hot water system installed in the development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s Energy Smart Homes Policy.  Any electric clothes dryers to be provided in the development must also have a minimum 2 star energy rating.

 

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

 

23.         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               $3585.76

b)     for the provision or improvement of community facilities   $1585.44

c)     Administration fee $425.00                                                         $  425.00

 

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.

 

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:

 

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

 

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

 

25.         The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

26.         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.

 

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

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

 

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:

 

28.         Ventilation of the basement car park shall comply with the relevant provisions of:

·          Building Code of Australia

·          Australian Standard 1668.1-2002- The use of ventilation and Air Conditioning in Buildings Part 1- Fire and Smoke Control in Multi-compartment Buildings

·          Australian Standard 1668.2-2002 The use of Mechanical Ventilation and Air Conditioning in Buildings Part 2- Mechanical Ventilation for Acceptable Indoor Air Quality. 

 

The proposed method of ventilation shall be certified by a suitably qualified engineer with details of compliance to be provided in the plans and specifications for the construction certificate.

 

29.         There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

30.         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.

 

31.         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.

         

32.         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.

 

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

         

34.         An Occupation Certificate must be obtained from the principal certifying authority prior to any occupation of the building work encompassed in this development consent in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

35.         In 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.

 

36.         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:

 

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

 

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

 

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

 

·    all of the premises adjoining the subject site.

 

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

 

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

 

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

 

40.         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.

 

41.         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.

 

42.         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.

 

43.         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.

 

44.         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.

 

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

 

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

 

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

 

46.         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.

 

47.         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.

 

48.         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.

 

49.         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.

 

50.         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.

 

51.         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.

 

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

 

53.         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.

 

54.         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”.

 

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

 

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

·      location of site storage areas/sheds/equipment;

·      location of building materials for construction;

·      provisions for public safety;

·      dust control measures;

·      site access location and construction

·      details of methods of disposal of demolition materials;

·      protective measures for tree preservation;

·      provisions for temporary sanitary facilities;

·      location and size of waste containers/bulk bins;

·      details of proposed sediment and erosion control measures;

·      construction noise and vibration management.

 

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

 

56.         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 for 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.

 

57.         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