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

 

18th June, 2004

 

ORDINARY COUNCIL MEETING

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 22ND JUNE, 2004 AT 6:00 P.M.

 

 

1           Council Prayer

 

2           Apologies

 

3           Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING ON TUESDAY, 25 TH MAY, 2004.

 

CONFIRMATION OF THE MINUTES OF THE EXTRAORDINARY COUNCIL MEETING HELD ON TUESDAY, 1ST JUNE, 2004.

 

CONFIRMATION OF THE MINUTES OF THE EXTRAORDINARY COUNCIL MEETING HELD ON TUESDAY, 8TH JUNE, 2004.

 

4           Addresses to the Council by the Public

 

5           Mayoral Minute

 

5.1                        

MAYOR'S MINUTE 39/2004  WAIVING OF FEES -  SURFING NSW STATE OPEN SURFING TITLES

2

 

 

6           General Manager's Reports

 

6.1                      

GENERAL MANAGER'S REPORT 14/2004 - COUNCIL'S SEAL ON SALE OF LAND - SUB STRATUM GARAGES VICTORY ST CLOVELLY AND PART OF ROAD RESERVE LITTLE BAY ADJOINING PRINCE HENRY HOSPITAL SITE.

4

 

6.2                      

GENERAL MANAGER'S REPORT 152004 - RENTAL DETERMINATION & AFFIXING OF THE COUNCIL SEAL TO LEASE BETWEEN RANDWICK CITY COUNCIL AND THE BENEVOLENT SOCIETY.

6

 

6.3                      

GENERAL MANAGER'S REPORT 162004 - AFFIXING THE COUNCIL SEAL.

10

 

 

7           Director Asset & Infrastructure Services' Reports

 

7.1                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 28/2004 - TENDER FOR SOUTH SYDNEY - CENTENNIAL PARK DRAINAGE CATCHMENT STUDY AND SHEAS CREEK -  VICTORIA BRANCH STORMWATER INFRASTRUCTURE PLAN FOR THE GREEN SQUARE REDEVELOPMENT AREA.

12

 

7.2                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 29/2004 - RESIDENTS PERMIT PARKING - COOGEE BEACH.

18

 

7.3                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 30/2004 - MCIVERS LADIES BATHS - CONSTRUCTION OF POOL ENTRY STEPS AND ASSOCIATED LANDSCAPE TENDER NO. T010/04.

20

 

 

8           Director Governance Management & Information Services' Reports

 

8.1                      

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES' REPORT 15/2004 - COUNCILLORS' MOBILE PHONES - COUNCILLORS' EXPENSES & PROVISION OF FACILITIES POLICY.

26

 

8.2                      

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES' REPORT 16/2004 - DELEGATIONS OF AUTHORITY.

29

 

 

9           Director Planning & Community Development's Reports

 

9.1                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 36/2004 - 308-310 ARDEN STREET AND 3 ALEXANDER STREET, COOGEE.

76

 

9.2                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 37/2004 - 33 OBERON STREET, RANDWICK.

90

 

9.3                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 38/2004 - 9 FRENCH STREET, MAROUBRA.

101

 

9.4                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 39/2004 - 1 WISDOM STREET, SOUTH COOGEE.

154

 

9.5                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 40/2004 - 8 INGLETHORPE AVENUE KENSINGTON.

164

 

9.6                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 41/2004 - NAIDOC WEEK 2004.

174

 

 

10         Petitions

 

11         Motions Pursuant to Notice

 

11.1                        

Notice of Rescission Motion by Councillors Daley, Andrews, Bastic, White & Sullivan – Ordinary Council Meeting – Tuesday, 25th May, 2004, Item 9.4 - Director Planning & Community Development's Report 25/2004 - 695 Anzac Parade, Maroubra.

176


 

11.2

By Councillor Nash – Angle Parking in Kensington Road & Boronia Street & improved signage in both Duke & Boronia Streets, Kensington. 

176

11.3

By Councillor Nash – Doncaster Avenue – Replacement of Major Stormwater Drainage Pipeline. 

177

11.4

By Councillor Bastic – No Parking Meters within Randwick City Council area. 

177

11.5

By Councillors Matson & Notley-Smith – Partnerships Register. 

177

 

 

12         Urgent Business

 

13         Confidential Reports

 

13.1                        

CONFIDENTIAL MAYOR'S MINUTE 40/2004 - VACANCY IN THE POSITION OF GENERAL MANAGER.

 

 

13.2                        

CONFIDENTIAL DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES’ REPORT 17/2004 - COURT ORDERS IN DEFAMATION & NEGLIGENCE ACTIONS - N & L SHALHOUB AND J BUCHANAN.

 

 

 

14         Committee-of-the-Whole

 

15         Report of Committee-of-the-Whole

 

16         Notice of Rescission Motions

 

 

 

 

 

………………………………

GENERAL MANAGER


 

MAYOR'S MINUTE 39/2004

 

 

SUBJECT:

WAIVING OF FEES -  SURFING NSW STATE OPEN SURFING TITLES

 

 

DATE:

7 June, 2004

FILE NO:

98/S/1411

 

 

REPORT BY:            MAYOR    

 

 

INTRODUCTION:

 

A request has been received from Surfing New South Wales seeking Council’s assistance in waiving the associated fees relating to the above surfing event to be held at Maroubra Beach on 3rd, 4th and 5th September, 2004.

 

ISSUES:

 

As this event is the stepping stone for young up and coming surfers from within our regions, Mr Mark Windon seeks the waiving of fees for the event on Maroubra Beach which amounts to  -

 

Application fee                         $   130.00

Beach Hire Fee (3 days)                       $1,056.00

           

TOTAL:                                               $1,186.00

 

CONCLUSION:

 

It is considered that as the event is a non profit event and to assist, costs be allocated to cover the associates fees, subject to appropriate and prominent acknowledgement of Council’s contribution being promoted prior to and during the event.

 

RECOMMENDATION:

 

1.           That Council vote $1,186.00 to cover the fees associated with the event to be held at Maroubra Beach on the weekend of 3rd, 4th and 5th September, 2004, and funds be allocated from the Councillors Bids Vote for 2004/05.

 

2.           That the event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 

 

 

 

 

 


 

GENERAL MANAGER'S REPORT 14/2004

 

 

SUBJECT:

COUNCIL'S SEAL ON SALE OF LAND - SUB STRATUM GARAGES VICTORY ST CLOVELLY AND PART OF ROAD RESERVE LITTLE BAY ADJOINING PRINCE HENRY HOSPITAL SITE

 

 

DATE:

15 June, 2004

FILE NO:

R/0744/00, R/0031/01

 

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

Council at the Finance, Works and Services Committee meeting on 10 October 1997 resolved to the closure and sale of the substratum of road adjoining Nos 4,6 and 8 Victory St Clovelly.

 

Council at the Finance, Works and Services Committee meeting on 5 May 1998 resolved to the closure and sale of the substratum of road adjoining No 10 Victory St Clovelly.

 

Council at the  Ordinary Meeting on 10 December 2002 resolved to the closure and sale of sections of the Anzac Parade road verge at Prince Henry Hospital to Landcom.

 

ISSUES:

 

All Lots have been created and certificates of title have been issued to Randwick Council. Contracts for the sales have been exchanged, some have been settled. Under s713 of the Local Government Act 1993, a transfer of land must be executed under seal and affixing must be attested by the Mayor and the General Manager.

 

CONCLUSION:

 

So that the titles can be transferred to the purchasers, Council permission is needed to approve the affixing of the seal to the Transfer Application at Land and Property Information NSW.

 

RECOMMENDATION:

 

1.       That Council’s Seal be affixed to the signing of the application to transfer the title of Lots 1-4 DP1064600, road verge on Anzac Parade Little Bay.

2.         That Council’s Seal be affixed to the signing of the application to transfer the title of Lot 5 DP 1061335, substratum adjoining 4 Victory St Clovelly.

3.         That Council’s Seal be affixed to the signing of the application to transfer the title of Lot 4 DP 1061334, substratum adjoining 6 Victory St Clovelly.

4.         That Council’s Seal be affixed to the signing of the application to transfer the title of Lot 3 DP 1061333, substratum adjoining 8 Victory St Clovelly.

5.         That Council’s Seal be affixed to the signing of the application to transfer the title of Lot 2 DP 1061336, substratum adjoining 10 Victory St Clovelly.

 

ATTACHMENT/S:

 

Nil

 

 

 

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

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 15/2004

 

 

SUBJECT:

RENTAL DETERMINATION & AFFIXING OF THE COUNCIL SEAL TO LEASE BETWEEN RANDWICK CITY COUNCIL AND THE BENEVOLENT SOCIETY

 

 

DATE:

16 June, 2004

FILE NO:

P/007530

 

 

REPORT BY:            GENERAL MANAGER  

 

 

INTRODUCTION:

 

Randwick City Council is currently negotiating with The Benevolent Society for a new commercial lease of the property located at 23 Adina Avenue, La Perouse and is seeking authority from Council to provide the premises at a subsidised rental.

 

In addition the Seal of Council will need to be affixed to the new lease. Clause 48 of the Local Government (Meetings) Regulations 1993 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

ISSUES:

 

Prior to 1968 Council acquired land in Adina and Canara Avenues, Phillip Bay, from the Department of Government Transport and from the Department of Lands.  The land was subdivided to provide a site in Adina Avenue for a home for the aged and a site in Canara Avenue for a kindergarten.

 

At a Council Meeting on 10 February 1981, it was resolved that consent be granted to the application submitted by The Benevolent Society of NSW for permission to erect a single storey building for use as a nursing home on 23 Adina Avenue.

 

The Eric Callaway Hostel, which was constructed on the site by The Benevolent Society, is a 43 bed facility. It operates as a high care dementia facility caring for residents with disturbing behaviour.  The current waiting list totals 113 people of which 77 are from within Randwick City Council area.

 

They also run a Day Care Respite service 5 days a week and this largely serves Randwick residents.

 

The Benevolent Society currently occupies the premises on a month to month tenancy under a twenty (20) year lease which expired on 31 July 2001.

 

In regard to a lease renewal Schedule 2 of the lease agreement states:

 

“1. The Lessor and the Lessee hereby acknowledge and agree that if the Lessee shall desire to take a renewed lease of the demised premises for a further term of 20 years from the expiration of the term of this lease and if notice of such desire shall prior to the expiration of the said term be given by the Lessee to the Lessor of not less than 6 calendar months previous notice in writing and if there shall be no existing breach of the covenants and agreements by and on the part of the Lessee herein contained at the date of such notice and also at the expiration of the term of this lease the Lessor will at the cost of the Lessee grant to the Lessee a further lease of the demised premises for a term of 20 years from the date of the expiration of the term of this lease at such rental as may be agreed upon by the Lessor and the Lessee having regard to the charitable nature of the activities provided in the premises and disregarding the value of the Lessee’s improvements from any rental so agreed or failing agreement thereon at such rental as may be determined as being the then current market rental for similar premises used for similar purposes as aforesaid by an independent Valuer nominated by the parties or failing agreement thereon as may be nominated by the President for the time being of the Commonwealth Institute of Valuers PROVIDED THAT such rental shall not be less than the rental being paid at the expiration of the period of this lease and otherwise upon the same terms and conditions as are herein contained except this covenant and Covenant No. 6 and any cost of such determination or otherwise shall be borne by the Lessee.”

 

Based on the intent of the above Schedule a market rental valuation was complied in December 2000 and the rental determined at $52,800.00 per annum.  ($15/m2 p.a.).  It was proposed that the rental of $52,800 per annum be adopted and a lease agreement entered into commencing 1 August 2001 between Council and The Benevolent Society.

 

Discussions were held with The Benevolent Society in relation to the new lease and the proposed market rental. The Benevolent Society provided further information to Council clarifying their financial position including the audited Profit and Loss figures for the facility.

 

·          In 2000/2001  there was a loss of $253,977

·          In 2001/2002 there was a loss of $122,951

·          In 2002/2003 there was a loss of $310,929

 

And for the eight months to February 2004 there is a further operating loss of $160,642. In addition to these high annual operating losses the Society has incurred significant capital expenditure of over $650,000 over the last three years.

 

As the Society currently pays $569.10 per annum which is increased annually by C.P.I. they contended that they could not afford to pay market rental. As they provide a much needed and high cost service to the community it was seen appropriate that the subsidised rental be continued.

 

CONCLUSION:

It is proposed that Council enter into a new lease agreement for a reduced term of ten (10) years commencing 1 August 2001 at a documented rental of $52,800.00 (increased annually by C.P.I.). Further, the lease agreement will note that Council will provide a rental subsidy with an actual rental of $600 per annum to be charged, increased annually by C.P.I.

 

It is also proposed that a clause be incorporated into the agreement, requiring six (6) months notice to terminate should either party wish to cancel the agreement.

 

Upon finalisation of the lease agreement, amended to include the above conditions, that Council’s Seal be affixed to the signing of agreements between the Council and The Benevolent Society in relation to a ten (10) year lease for the purpose of an aged care facility at 23 Adina Avenue, La Perouse.

 

As Clause 48 of the Meetings Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities being completed.

 

RECOMMENDATION:

 

That authority is granted for Council to enter into a lease agreement with the Benevolent Society over the property at 23 Adina Avenue, La Perouse for a ten (10) year period at a documented rental of $52,800.00 (increased annually by C.P.I.). Further, the lease agreement will note that Council will provide a rental subsidy with an actual rental of $600 per annum to be charged, increased annually by C.P.I.

 

That authority be granted for a clause be incorporated into the agreement, requiring six (6) months notice to terminate should either party wish to cancel the agreement.

 

That upon finalisation of the lease agreement, amended to include the above conditions, that Council’s Seal be affixed to the signing of agreements between the Council and The Benevolent Society in relation to a ten (10) year lease for the purpose of an aged care facility at 23 Adina Avenue, La Perouse.

 

ATTACHMENT/S:

 

Benevolent Society Letter dated 1 April 2004.

 

 

 

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

GENERAL MANAGER

 

 

 

 



 

GENERAL MANAGER'S REPORT 16/2004

 

 

SUBJECT:

AFFIXING THE COUNCIL SEAL

 

 

DATE:

16 June, 2004

FILE NO:

P/012293, P/001879, 98/S/1526, 98/S/2994

 

 

REPORT BY:            GENERAL MANAGER  

 

 

INTRODUCTION:

 

Clause 48 of the Local Government (Meetings) Regulations 1993 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

ISSUES:

 

It is necessary for the Council’s Seal to be affixed to the signing of agreements between Council and –

 

1.       Pat Miller (T/As Sydney Carvery) in relation to a licence for the purpose of outdoor dining at 236 Coogee Bay Road, Coogee.

2.       Yaowalug Rojpalakorn (T/As Nooddi Nooddi) in relation to a licence for the purpose of outdoor dining at 31 St. Pauls Street, Randwick.

3.       Gordons Bay Amateur Fishing and Volunteer Sea Rescue Club Inc. in relation to a licence of  land comprised in Certificate of Title Folio Identifier 1/108165, more particularly described as the parcel of land including Fishing Club, Boat Ramps and Storage area situated within Gordons Bay.

4.       Maroubra Swimming Club Inc. in relation to a licence to use the Clubhouse at the Des Renford Aquatic Centre.

5.       Eastern Suburbs Swimming Association in relation to a licence to use the Clubhouse at the Des Renford Aquatic Centre.

 

CONCLUSION:

 

As Clause 48 of the Meetings Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities being completed.

 

RECOMMENDATION:

That authority be granted for the Council’s Common Seal to be affixed to the agreements between Council and –

 

1.       Pat Miller (T/As Sydney Carvery) in relation to a licence for the purpose of outdoor dining at 236 Coogee Bay Road, Coogee.

2.       Yaowalug Rojpalakorn (T/As Nooddi Nooddi) in relation to a licence for the purpose of outdoor dining at 31 St. Pauls Street, Randwick.

3.       Gordons Bay Amateur Fishing and Volunteer Sea Rescue Club Inc. in relation to a licence of  land comprised in Certificate of Title Folio Identifier 1/108165, more particularly described as the parcel of land including Fishing Club, Boat Ramps and Storage area situated within Gordons Bay.

4.       Maroubra Swimming Club Inc. in relation to a licence to use the Clubhouse at the Des Renford Aquatic Centre.

5.       Eastern Suburbs Swimming Association in relation to a licence to use the Clubhouse at the Des Renford Aquatic Centre.

 

ATTACHMENT/S:

 

Nil

 

 

 

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

GENERAL MANAGER

 

 

 

 


 

Director Asset & Infrastructure Services' Report 28/2004

 

 

SUBJECT:

TENDER FOR SOUTH SYDNEY - CENTENNIAL PARK DRAINAGE CATCHMENT STUDY AND SHEAS CREEK -  VICTORIA BRANCH STORMWATER INFRASTRUCTURE PLAN FOR THE GREEN SQUARE REDEVELOPMENT AREA.

 

 

DATE:

17 June, 2004

FILE NO:

T018/04

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES     

 

INTRODUCTION:

 

In late 2002, South Sydney City Council (now City of Sydney) approached Randwick City Council to co-operatively undertake a joint funded West Kensington and Kensington stormwater drainage study to identify catchment management strategies that will mutually benefit the communities of both cities.

 

ISSUES:

 

City of Sydney has a large stormwater catchment area that significantly impacts upon Kensington and importantly the Kensington Business District. Randwick City Council requires the significant assistance of City of Sydney to undertake this drainage study. Thereto, City of Sydney requires significant assistance from Randwick City Council to undertake the West Kensington Drainage study that has significant impacts upon the Green Square Development.

 

Both parts of the drainage study will benefit Randwick City Council and will allow the most appropriate management of the catchment to occur.  As the study areas have an extensive history of flooding, a drainage/flood study of the Centennial Park, Kensington, and Green Square areas (City of Sydney) is proposed.

 

Stormwater from the City of Sydney (CoS) Council’s area drain into Randwick City Council (RCC) area and vice versa.  Thus commissioning a single flood study that spans across two council areas (encompassing the whole catchment area), will provide a much more accurate representation of flood behaviour, than would be possible by assessing flooding through a number of smaller flood studies.

Proposal

A joint study was proposed in order to identify flood prone areas, to develop a comprehensive program of strategies to reduce regional flooding in the area and to allow for opportunities to develop a management plan for Council’s infrastructure so that the overland flow paths and stormwater system will be well maintained and reduce flooding.  Within the City of Sydney Area, this study will be used to support a regional floodplain management plan for the Green Square redevelopment area.

 

The study will be used to identify 1% AEP flood levels so that new developments can be designed in a manner that will not affect or be adversely affected by floodwater. The study will also be used to refine open space and land use planning policies to ensure the integration of regional stormwater management strategies with open space in the City of Sydney and RCC local government area.

 

The portion of the catchment, within the RCC LGA, is generally bounded by Frenchmans Road and Avoca Street to the east, Centennial Park to the north, Gardeners Road to the south, and South Dowling Street to the west.  The study covers an area of approximately 410 ha within the Randwick Council area

 

Within CoS LGA the catchment extends to Moore Park Road in the north, Bourke and Portman Streets to the west and covers approximately 236 Ha.

Available Information Contributions

The “Kensington Flooding Drainage Works Investigation” PWD NSW 1985 is the only detailed available information Randwick Council has available that may contain information to provide to CoS to help them meet their objectives.  As part of this proposal, a field data collection of RCC’s drainage system, for the west Kensington area, will be conducted.  This information, though forming part of RCC’s asset register, will be also made available to aid CoS in meeting their objectives.  Any additional costs involved in data collection that will not be used in RCC’s asset register will be borne by CoS.

 

CoS has completed a study of the Moore Park and Fox Studios sub-catchments (approximately 156 Ha) and its trunk drainage system using the stormwater modelling software “DRAINS”.  The trunk drainage network in these sub-catchments has been recorded on a GIS and a digital terrain model was also utilised.  These sub-catchments drain into the RCC LGA via Anzac Pde and Centennial Park respectively.  This study, and associated information, will be made available to meet RCC objectives and the existing DRAINS model is to be incorporated into the new model.

Initial Costing Estimate

The estimated cost of the study is $125,000.00 and an amount of $100,000 (80%)has been allocated in Randwick Council’s 2003-04 budget and $25,000 (20%) has been allocated in South Sydney Council’s budget.

 

Despite the apparent disparity in financial contributions from each Council, it was considered an equitable breakdown of costs for the following reasons:

 

The RCC Study area is approximately 2 times the CoS Study area;

Randwick Council has not made a significant contribution to the provision of information to aid CoS to achieve their objectives;

CoS has made a significant contribution to the provision of information to aid RCC to achieve our objectives; (through the provision of a current detailed study of Moore Park and Fox Studios.)

RCC will receive an asset register as well as a flood study through this proposal.  CoS will only receive a flood study.

Assessment of Submissions

Tenders were called for the collection of drainage field data and the analysis of the drainage system within the drainage catchments.  The invitations to tender were advertised and closed on 25th May 2004.  Five (5) Consultants submitting a fee proposal to undertake the required work, being:

·        Cardno Willing;

·        D.H.I. Water and Environment;

·        Lawson and Treloar Pty Ltd;

·        Webb McKeown & Associates Pty Ltd. With Australian Water Technologies (AWT) Survey;

And

·        WP Brown and Partners Pty Ltd.

 

All submissions received were in excess of Council’s estimated cost for this project. 

 

The submissions received from the above companies are summarised below.  Prices exclude GST.

Company

Part A ($)

Part B ($)

Part A + B ($)

Saving for 2 Parts ($)

Cardno Willing

$295,625

$105,590

$401,215

--

D.H.I. Water and Environment

$225,880

$117,320

$319,480

$23,720

Lawson and Treloar Pty Ltd

--

$144,230

--

--

Webb McKeown & Associates Pty Ltd with AWT Survey

$130,860

$49,360

$174,710

$5,510

WP Brown and Partners Pty Ltd

$249,300

$71,000

$315,300

$5,000

 

Part A represents the Randwick City Council’s portion of the project and Part B represents the City of Sydney’s portion of the project.  Part A+B represents the cost of both projects performed by a single consultant.

 

As can be seen, Webb McKeown & Associates Pty Ltd with AWT Survey has submitted the most cost effective submission, this being $174,710 for Parts A&B together and $130,860 for Part A only.  D.H.I. Water and Environment has submitted the next best cost submission (for Part A only of $225,880.

 

A more detailed assessment of the submissions revealed Webb McKeown & Associates Pty Ltd with AWT Survey provided the best value for money submission.

A table of Value for Money scores is provided below.


 

Value For money Calculation

Part A & B

 

 

Cardno Will'g

DHI W & E

L & T

Webb McK*

WP Brown

Cost

$401,215

$319,480

 

$224,710

$315,300

Cost index

1.79

1.42

 

1.00

1.40

Value 4 M

2.09

2.36

 

3.40

1.35

 

 

 

 

 

 

Value For money Calculation

Part A only

 

 

Cardno Will'g

DHI W & E

L & T

Webb McK*

WP Brown

Cost

$295,625

 $  225,880

 

$180,860

$249,300

Cost index

1.63

1.25

 

1.00

1.38

Value 4 M

2.28

2.68

 

3.40

1.38

 

*Price has been increased $50,000 to reflect the increase the number of trapped low points required compared to what was quoted. (21 extra)

 

Value For money Calculation

Part B only

 

 

Cardno Will'g

DHI W & E

L & T

Webb McK

WP Brown

Cost

$105,590

$117,320

$144,230

$49,360

$71,000

Cost index

2.14

2.38

2.92

1.00

1.44

Value 4 M

1.74

1.41

1.09

3.40

1.32

 

For the combined Part A&B submission a total cost saving of $5,510

With a pro-rated saving of $4000 (For RCC) ($1510 for CoS) the cost to RCC for the project as quoted will be $130,860 (Ex GST).  However it is estimate there will be approximately $55,000 worth of variations increasing the cost to $185,860.  This is approximately $85,000 in excess of RCC’s proposed budget.

 

The cost to City of Sydney is estimated to be $47,850.  City of Sydney will be providing Randwick City Council with the cost of their part (Part B) at the start of the project.

Natural Disaster Risk Management Studies Programme Funding

An application to the Natural Disaster Risk Management Studies Programme (NDRMSP) for extra funding had been submitted in March this year.  It is likely that this funding grant will be approved and the project will receive an additional $80,000. 

 

If this funding is approved by the minister, the monies would be received by the end of financial year.  As this application was submitted as a joint project, $16,000 of the grant would contribute to the CoS portion of the project, and $64,000 of the grant would contribute to the RCC portion of the project.  Under these circumstance the cost to RCC would be approximately $20,000 in excess of RCC’s proposed budget.

 

CONCLUSION:

 

This catchment management joint venture between City of Sydney and Randwick City Council is a great opportunity to:

·        Achieve a combination of two potentially difficult drainage studies, in one study, that neither Council could undertake effectively without the assistance of the other Council.

·        Share the costs of undertaking the study so that each Council effectively achieves two catchment studies for the price of one.

·        Allows entire catchments to be managed holistically and consistently to achieve the same goals.

·        Provides and opens up new opportunities for both Council’s to exchange information, new technology and management systems.

·        Webb McKeown & Associates Pty Ltd with AWT Survey have provided the best value for money submission.

·        It is likely that RCC will receive and additional $64,000 of funds from the NDRMSP grant.

·        With the receipt of NDRMSP grant funding, the cost to Council is estimated to be  an additional $20,000 which is available from the 2004/2005 Drainage Allocation.

·        If the  NDRMSP grant funding is unsuccessful, the cost to Council is estimated to be an additional $85,000 which is available from the 2004/2005 Drainage Allocation.

 

Randwick City Council should not pass up this opportunity to undertake these catchment studies.

 

RECOMMENDATION:

 

That:

 

a)       Council accept the tender from Webb McKeown & Associates Pty Ltd for The South Sydney - Centennial Park Drainage Catchment Study & Sheas Creek – Victoria Branch Stormwater Infrastructure Plan For The Green Square Redevelopment Area.

 

b)      Approval is granted to allow the General Manager sign and affix the official seal of Council to the contract documents.

 

c)       Randwick City Council re-allocates the balance of funds from its 2004/2005 Drainage Budget to fund any shortfall in its share of the joint catchment management project.

 

ATTACHMENT/S:

 

Evaluation Weightings.

 

 

………………………………

………………………………

MICK SAVAGE

MARK LEONG

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

ASSET ENGINEER DRAINAGE

 

 


 

Evaluation Weightings

 

T018/04 Flood Study Project with CoS

 

 

Evaluation Criteria

Q'tion

Weight

 

 

 

Attachment - Evaluation Weightingsa)    Work Methodology

 

40%

b)    Company Profile, relevant experience                         and ability to complete work

B10, B15, B16

8%

c)    Time frame to Complete work

B2, B12

12%

d)    Financial capacity to carry out the work

B11

4%

e)    Compliance with the specification

B13

8%

f)      Quality

B19

8%

Compliance with Local Government policy

 

 

g)    Occupational Health and Safety

B20

6%

       h) Environmental

B21

5%

       i)   Referee Checks

B15

10%

 

 

 

Total

 

100%


 

Director Asset & Infrastructure Services' Report 29/2004

 

 

SUBJECT:

RESIDENTS PERMIT PARKING - COOGEE BEACH

 

 

DATE:

9 June, 2004

FILE NO:

98/S/2714

 

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES   

 

 

INTRODUCTION:

 

The second of eleven planned precinct reports on residents parking in Randwick City has now been completed. The attached report entitled “On-Street Parking – Coogee” deals specifically with residents parking within the Coogee Beach precinct.

 

ISSUES:

 

Council is in the process of reviewing all existing residents parking schemes within the City with the view to implementing area-based residents parking schemes.

 

It is the purpose of this review to re-assess the demand for residents parking and to introduce, where appropriate, area-wide permit schemes in lieu of street-based schemes. It is also the purpose of this review to invoke best principles for the on-going management of residents parking schemes, including such matters as the span of hours, the period(s) of restrictions, parking opportunity and efficiency, and parking enforcement.

 

CONCLUSION:       

 

The attached report extensively details the results and findings of a study conducted by Council in the Coogee Beach precinct between October 2003 and March 2004, and provides an in-depth analysis of the on-street parking situation within this precinct. It is considered that the proposed measures and actions as detailed in Section B of this report are well founded and should be adopted.

 

It is proposed that the recommendations of this report be adopted by Council in principle. Subsequently, it is proposed that this report be submitted to the Randwick Traffic Committee for concurrence and then be placed on public display before final approval by Council.

 

RECOMMENDATION:

 

That

 

1.       The recommendations of The Coogee On-Street Parking Report be adopted in principle,

 

2.       The proposal be referred to the Randwick Traffic Committee for concurrence,

 

3.       The proposal be placed on public display.

 

ATTACHMENT/S:

 

All Under Separate Cover

Report On-Street Parking  Coogee Appendices & a

CONFIDENTIAL Survey Data 

 

 

 

 

 

………………………………

………………………………

MICK SAVAGE

ALAN OPERA

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

TRAFFIC ENGINEER

 

 

 

 

 

 


 

Director Asset & Infrastructure Services' Report 30/2004

 

 

SUBJECT:

MCIVERS LADIES BATHS - CONSTRUCTION OF POOL ENTRY STEPS AND ASSOCIATED LANDSCAPE TENDER NO. T010/04

 

 

DATE:

16 June, 2004

FILE NO:

98/S/5581 Pt 1 & Pt 2

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES     

 

 

INTRODUCTION:

 

In March 2004, Lump Sum Tenders were invited from suitably qualified Contractors to undertake the Construction of Pool Entry Steps & Associated Landscape Works at McIvers Baths Coogee. These works are a consequence of a consultative process that has been undertaken with the users of the Baths and the Committee that operates the Baths.

 

This report describes the outcome of the tender assessment process and recommends the preferred Contractor for the completion of the proposed upgrade works.

 

The tendered works for this project include

 

1.       Vegetation clearing and grubbing.

2.       Site security, demolition works, erosion and sediment control, earthworks and regrading

3.       Reinforced concrete works including, slabs and steps.

4.       Construction of drains

5.       Construction of masonry retaining walls, extension to existing freestanding masonry wall and adjustments to existing timber retaining wall.

6.       Supply and installation of timber and stainless steel handrails and fences.

7.       Supply and installation of timber seats.

8.       Supply, laying and establishment of turf areas,

9.       Supply and planting of plant material,

10.     Maintenance of works as specified.

 

The Tenders closed on 13th April 2004. At the close of tenders, five (5) tenders were received, consisting of all the following proponents: 

 

1.       Land & Marine Constructions Pty Ltd

2.       Glascott Group P/L

3.       Civil Systems P/L

4.       Natural Urban Design P/L

5.       Kingston Civil Constructions P/L

 

BACKGROUND

 

McIvers Baths, is a women only Baths in Grant Reserve Coogee. Assets and Infrastructure Services Department have written a Management Report on issues that exist at this facility and have nominated a number of priority works. The works to be completed have been defined in liaison with Randwick Coogee Amateur Swimming Club, the group responsible for the operation of the Baths.

 

A detailed evaluation process was undertaken by the Tender Assessment Committee in the appraisal of the Tenders

 

Tender Evaluation Plan

 

A Tender Evaluation Plan was developed for this project and endorsed by Council’s Manager, Contracts & Purchasing.

 

The relevant roles and responsibilities of members of the Tender Assessment Committee (TAC), and Council are fully described in the Evaluation Plan. Further to this the Evaluation Plan also details the process that was followed in the assessment of the tenders including scoring, weightings, qualitative and cost assessment.

 

Evaluation of Tenders

 

All tenders submitted for this project achieved the mandatory criteria as outlined in Part A – Conditions of Tendering. Therefore all Tenders were assessed by TAC.

 

In the tender documents Tenderers were given an indication of the selection criteria, to be referred to in the evaluation, these criteria are as follows:

 

(a)          Price

(b)          Time period to complete the Work

(c)          Experience and ability to complete Work

(d)          Compliance with the Specification

(e)          Quality Management System of the Tenderer

(f)           Occupational Health and Safety

 

Weightings were placed by TAC on each of the evaluation criteria (refer Appendix A). 

A thorough and detailed evaluation of the tender submissions based on the selection criteria was conducted by TAC.  All Tender submissions were scored and calculated on a “value for money” basis as outlined in the Evaluation Plan.

 

Value for Money

 

“Value for money” does not automatically mean the lowest price.  It is determined by considering all factors relevant to a particular purpose.  It includes the cost of the deliverables, experience, innovation and value adding components. The following describes the stages of the Tender Assessment.

 

            Stage 1 - Quality Score

Members of TAC scored all tenders for all the qualitative selection criteria listed earlier. The higher the score the better the quality of the tenderer. The scores for quality are listed in the following table:

 

QUALITATIVE ASSESSMENT OF TENDER OFFER.

TENDERERS NAME

QUALITY SCORE

1. Glascott Group P/L

72 %

2. Natural Urban Design P/L

45%

3. Kingston Civil P/L

55%

4. Land & Marine P/L

48%

5. Civil Systems P/L

8%

 

            Stage 2 - Lump Sum Price

All tenders were assessed on price. A “value for money calculation requires the computation of a cost index based on the best (cheapest overall) financial offer.

 

Tender lump sum prices (excluding GST) and the cost index for this tender were as follows:

 

TENDERERS

LUMP SUM AMOUNT  (EXCL GST)

COST INDEX

1.Natural Urban Design P/L

$101 442

1

2.Glascott Group P/L

$138 550

1.37

3.Civil Systems Eng P/L

$141 227

1.54

4. Kingston Civil Constructions P/L

$156300

1.32

5.Land & Marine Const P/L

$203 991

2.01

           

            Stage 3 – Final Calculation Value for Money

The “value for money score” determines the preferred Tenderer in an objective manner. The following table provides calculations and cost scores to determine the “value for money” scores. The highest score being the Glascott Group indicates the “best value for money” offer to Council:

 

TENDERERS NAME

QUALITY SCORE

COST INDEX

VALUE FOR MONEY SCORE

1. Glascott Group P/L

72%

1.37

53

2. Natural Urban Design P/L

45%

1

45

3. Kingston Civil P/L

55%

1.32

42

4. Land & Marine P/L

48%

2.01

24

5. Civil Systems P/L

8%

1.54

5

 

Tender Précis

            1. Glascott Group P/L

This company was assessed by TAC as providing the best overall offer taking into account the prices submitted and the overall quality of the company as displayed in the Tender submission. They offered the second lowest lump sum price being

$138 550.42 and proposed a 42 calendar day construction period.

 

The company is a quality accredited company. Good OH&S information and good environmental information was provided in the tender submission.

This company has successfully completed a number of projects for Council.

 

            2. Natural Urban Design P/L

Natural Urban Design P/L offered the lowest lump sum price of $101 44245 and offered a construction period of 45 calendar days. Their quality score was second lowest. They did not provide a work programme and submitted a poorly completed environmental questionnaire

 

            3. Kingston Civil Constructions P/L

With good experience and excellent OH&S information, this company showed the capacity to complete this project. At $141 227 they were more expensive than the Glascott Group P/L and the 56 calendar days offered for the construction period was approximately two more weeks than offered by the Glascott Group P/L.

 

            4. Land & Marine Constructions P/L

Land & Marine Construction P/L offered the highest lump sum price of $203 991 being well above the cost estimate and available budget. This company has good experience in the marine construction industry but does not have an accredited OH&S management system. This company also proposed the longest construction period of 70 calendar days.

 

            5. Civil Systems Engineering P/L

This company provided a poor level of information in their tender submission and did not provide adequate information for the assessment. They scored lowest in many of the selection criteria.  They offered a lump sum price of $156 300 being the second highest price.

 

CONCLUSION:

 

Evaluation of Tenders by TAC against the specified evaluation criteria indicates that the Glascott Group P/L offer the “best value for money” for this project and therefore are the preferred tenderer. The company has shown they have the capability to undertake the construction of the pool entry steps and associated landscape at McIvers Baths. Funding for this project has been identified in Council’s 2004-2005 capital works budget. The lump sum tender amount is within the available budget.

 

The recommended construction start date is July 2004.

 

RECOMMENDATION:

 

That -

 

1.         the tender from Glascott Group P/L ACN 001 281 572, for the - McIVERS LADIES BATHS CONSTRUCTION OF POOL ENTRY STEPS AND ASSOCIATED LANDSCAPE TENDER No. T 010/04 for the lump sum price of $138 550 (excl GST) under s19 (1) (a) of the Local Government (Tendering) Regulation 1999 be accepted;

 

2.         authority is granted for Council’s Common Seal to be affixed to the Agreement for the McIVERS LADIES BATHS CONSTRUCTION OF POOL ENTRY STEPS AND ASSOCIATED LANDSCAPE TENDER No. T 010/04

            with the Glascott Group P/L ; and

 

3.         the unsuccessful tenders are notified of the tender result.

 

ATTACHMENT/S:

 

Attachment A: Evaluation Criteria and Weightings

 

 

 

………………………………

………………………………

MICK SAVAGE

KERRY COLQUHOUN

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

senior parks and recreation management officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT A: EVALUATION CRITERIA AND WEIGHTINGS

 

 

Evaluation Criteria and Weightings

EVALUATION CRITERIA

TENDER

SCHEDULES

WEIGHTED

CRITERIA

STAGE 1 – MANDATORY CRITERIA

 

 

Experience in fulfilling the requirements of similar contract(s)

All schedules

All criteria must be met

Capacity to fulfil the requirements of this tender

All schedules

All criteria must be met

STAGE 2 – DESIRABLE CRITERIA

 

 

 

 

 

a)   Time period to complete the Work

B9,

25%

b)   Experience and ability to complete Work

B7, B8, B11, B12, B13, B19

25%

c)   Compliance with the Specification.

B1, B2,

B10, B20 All

10%

d)   Quality Management System of the Tenderer

B16

10%

e)   Occupational Health and Safety

B17

10%

 

 

 

Compliance With Local Government Procurement Policy

 

 

a)   Environmental

B18

5

b)   Must have Public liability Insurance cover of at least $10 mil

B14,

2.5%

c)   Must have Workers Compensation Insurance cover for all staff employed

 

2.5%

 

 

 

STAGE 3 – REFEREE CHECKS

 

10%

 

 

 

TOTAL

 

100%

 

 

 


 

Director Governance, Management & Information Services' Report 15/2004

 

 

SUBJECT:

COUNCILLORS' MOBILE PHONES - COUNCILLORS' EXPENSES & PROVISION OF FACILITIES POLICY

 

 

DATE:

15 June, 2004

FILE NO:

98/S/0090

 

 

REPORT BY:            DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES  

 

 

INTRODUCTION:

 

Council, at its meeting held on 25th May, 2004, resolved that:

 

“a)       The General Manager investigate the possibility of introducing a new policy in regard to Councillors use of Council provided mobile telephones with the following objectives:

 

i)          to reduce wastage and the prevention of any possible abuse; and

ii)         to limit each Councillor’s call charges to a maximum of $150 per month; and

 

b)         Notwithstanding the above the current practice of Council utilising the * button be retained to indicated private use and the billing of Councillors for such private use continue by the Council.”

 

ISSUES:

 

The Councillors’ Expenses & Provision of Facilities Policy (No. 1.03.10) in Parts 3 (iii) and 5 (ii) (b) specifies that Councillors will be provided with mobile phones.  There is currently, in that Policy, no “cap” on the maximum amount of call costs that can be accrued on a monthly basis.  This Policy is also silent in respect to the private (or non-Council) use of the Council provided mobile phones.

 

However, Clause 5.3 of the Councillors’ Code of Conduct states that a Councillor must not use Council resources “for private purposes unless such use is lawfully authorised and proper payment is made where appropriate .”

 

Councillors some time ago, commenced utilising the “Call Sheet” facility which Telstra offers and which allows for private mobile telephone calls to be segregated on the billing accounts received by Council.  As a result, Sundry Debtors accounts are issued by Council to Councillors based on their utilisation of the Call Select (*) facility, which indicates their private use levels and the associated costs.

 

Following the Council’s resolution, a cross section survey of five other Councils was undertaken to determine what constraints, if any, were contained in those Councils’ Facilities Policies and the results of that review are listed hereunder:

 

a)         Parramatta City Council

 

Councillors are provided with a mobile phone and given an allowance of $150.00 per month. Any amount in excess of that is to be reimbursed by the Councillor.

 

b)         Sutherland Shire Council

 

Councillors are provided with mobile phones. Councillors are given a $300.00 per month allowance for their combined fixed line phones, fax machines and mobile phone accounts. Should a Councillor spend less than $300.00 a month on all of these combined, they are given a credit which can be added to their next month’s total.

 

c)         Sydney City Council

 

Some of their Councillors have their own phones & send Council a copy of their bill with the Council-related calls highlighted and Council reimburses them. A couple of the new Councillors have been given mobile phones & the bills are sent straight to Council & paid by Council, unless there are some calls which are obviously not Council related.

 

d)         Warringah Council

Presently under the control of an administrator. Current Council policy provides for the supply of mobile phones and Council pays all monthly mobile phone charges. However, after a review of mobile phone expenses over the previous twelve (12) months, a resolution was passed at a recent Council Meeting for a further report to be brought back to Council setting a cap on the monthly amount available to Councillors for their mobile phone usage.

 

e)         Woollahra Municipal Council

At Woollahra, the Mayor is the only Councillor who is issued with a mobile phone and the account is paid in full by the Council. No other Councillors are issued mobile phones and Council doesn't pay anything towards their private mobile bills.

 

In addition, “deals” from other service providers in the mobile phone carrier market place are being examined to determine whether any “capped” or  other beneficial arrangements may be available to Council, as the corporate owner of the phones.

 

It needs to be noted that Council’s current resolution on the selected mobile phone service carrier for Councillors presently restricts them to utilising Telstra or Vodafone and should another provider be required, Council would need to pass a further resolution to that effect.  The earlier Council resolution was the result of public tenders for this service being invited by Council and Vodafone winning that tender and being selected as the primary provider for Council’s mobile services.

 

Based on a review of current arrangements and to those operating at a cross section of other Councils, it would appear reasonable that a “cap” should be placed on the monthly call costs of Councillors’ mobile phones.  The monthly maximum figure of $150, nominated in the Council’s resolution of 25th May, 2004, would also appear to be appropriate.

 

CONCLUSION:

 

The Councillors’ Expenses & Provision of Facilities Policy, currently does not limit the volume and costs of usage of Council mobile telephones provided to Councillors and, following Council’s resolution of May this year, it appears there is a desire for a “cap” to be placed on such usage.

 

RECOMMENDATION:

 

a)         That Parts 3 & 5 of the Council’s Policy on the Payment of Expenses & Provision of Facilities, No. 1.03.10, be amended:

 

(i)         to place a limitation of $150 as the maximum cost of calls per month to be borne by Council for each Councillor’s usage of the Council provided mobile phone; and

(ii)        to include reference to the requirement for utilisation of the “Call Select” (*) or other mobile provider’s facility which allows for private mobile phone calls made by Councillors to be segregated for billing purposes and which allow the raising of Sundry Debtors accounts relating to such private use.

 

b)         That the restriction of the current mobile phone carriers for Councillors be removed to allow Council to participate with other carriers which may offer on-going attractive capped or other rates; and

 

c)         That the Policy Register be updated accordingly.

 

ATTACHMENT/S:

 

Nil

 

………………………………

………………………………

MARK HUMMERSTON

 

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES

 


 

Director Governance, Management & Information Services' Report 16/2004

 

 

SUBJECT:

DELEGATIONS OF AUTHORITY

 

 

DATE:

15 June, 2004

FILE NO:

98/S/1238

 

 

REPORT BY:            DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES   

 

 

INTRODUCTION:

 

Section 380 of the Local Government Act requires Council to review all its delegations within the first twelve (12) months of each term of office.

 

ISSUES:

 

The Council’s Policy Register, in Policy No. 2.01.04, outlines delegations previously sub-delegated by Council to the General Manager.  A copy of this Policy is attached for Councillors’ guidance.

 

For the benefit of new Councillors the general power of the Council to delegate (Section 377 of the Act) and delegations by the General Manager (Section 378 of the Act) are quoted hereunder:

General power of the council to delegate

377 (1) [Non-delegable functions] A Council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the Council) any of the functions of the Council, other than the following:

 

·        the appointment of a General Manager

·        the making of a rate

·        a determination under  section 549 as to the levying of a rate

·        the making of a charge

·        the fixing of a fee

·        the borrowing of money

·        the voting of money for expenditure on its works, services or operations

·        the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment)

·        the acceptance of tenders which are required under this Act to be invited by the Council

·        the adoption of a management plan under Section 406

·        the adoption of a financial statement included in an annual financial report

·        a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6

·        the fixing of an amount or rate for the carrying out by the Council of work on private land

·        the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the Council for the carrying out of any such work

·        the review of a determination made by the Council, and not by a delegate of the Council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979

·        the power of the Council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194

·        a decision under section 356 to contribute money or otherwise grant financial assistance to persons

·        the making of an application, or the giving of a notice, to the Governor or Minister

·        this power of delegation

·        any function under this or any other Act that is expressly required to be exercised by resolution of the Council.

 

(2) [Sub-delegation] A Council may, by resolution, sub-delegate to the General Manager or any other person or body (not including another employee of the Council) any function delegated to the Council by the Director-General except as provided by the instrument of delegation to the Council.

 

Delegations by the General Manager

378 (1) [Power of delegation] The General Manager may delegate any of the functions of the General Manager, other than this power of delegation.

(2) [Sub-Delegation] The General Manager may sub-delegate a function delegated to the General Manager by the Council to any person or body (including another employee of the Council).

(3) [Application of subsection (2)] Subsection (2) extends to a function sub-delegated to the General Manager by the Council under section 377 (2).”

 

Section 378 of the Act provides that only the General Manager may sub-delegate any function of that position and staff do not have any power to sub-delegate to other staff.

 

CONCLUSION:

 

In accordance with Section 380 of the Local Government Act, Council is required to review its delegations.

 

The current delegations have proved to be effective in facilitating the daily operation of the Council’s activities and, as has been necessary, various new delegations have been sought on a progressive basis, as legislation has been amended or other issues have arisen.

 

RECOMMENDATION:

 

(a)        That following a review of its delegations as required by Section 380 of the Local Government Act, Randwick City Council pursuant to Section 377 of the Local Government Act, and subject to compliance with all Council policies and lawful directions made by Council or any public authority, hereby delegates to the General Manager authority to exercise or perform on behalf of Council all the powers, authorities, duties and functions as detailed on the Policy Document No. 2.01.04;

 

(b)        That Council notes that, in accordance with Section 378 of the Local Government Act, the General Manager may sub-delegate any of those powers, authorities, duties and functions to other staff; and

 

(c)        That the Policy Register be updated accordingly.

 

ATTACHMENT/S:

 

Policy 2.01.04 & 2.01.04 Attach  

 

 

………………………………

………………………………

MARK HUMMERSTON

 

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                          RANDWICK CITY COUNCIL

 

                                                    POLICY REGISTER

 

                                        PART 2 - GENERAL MANAGER'S OFFICE

 

 

 

Review Date:      /     /                                                            Policy No. 2.01.04

 

 

POLICY TITLE:         DELEGATION OF AUTHORITY.

 

File No.                   98/S/1238

 

                                                          OBJECTIVE

 

 

To provide those powers and authorities of the Council to be delegated to the General Manager and to delegate authority to the General Manager to deal with certain matters administratively in the interests of efficient and effective management in accordance with the designated Instrument of Delegation.

 

                                                    POLICY STATEMENT

 

A.       INSTRUMENT OF DELEGATION

 

That pursuant to Section 378 of the Local Government Act, 1993, and subject to compliance[1] with all Council policies and lawful directions made by Council or the General Manager or any public authority, I, Gordon Messiter, Acting General Manager of Randwick City Council, hereby sub-delegate to the officers indicated authority to exercise or perform on behalf of Council all the powers, authorities, duties and functions of the Council listed hereafter which were delegated to me by Council in accordance with Section 377 of the Local Government Act 1993 on the date indicated:-

 

 

Minute No: 539/1983                                 Meeting Date:        8 November, 1983.

               546/1983                                                           8 November, 1983.

               547/1983                                                           8 November, 1983.

Amended:  222/1986                                                           27 May, 1986.

               448/1987                                                           24 November, 1987.

               128/1988                                                           17 May, 1988.

               244/1988                                                           15 August, 1989.

               287/1989                                                           19 September, 1989.

               289/1989                                                           19 September, 1989.

               342/1989                                                           17 October, 1989.

Staff & Industrial Committee                                                 5 June, 1990.

Staff & Industrial Committee                                                 2 July, 1991.

Staff & Industrial Committee                                                 6 August, 1991.

Delegated Authority - Staff & Industrial Committee                    7 January, 1993.

               410/1993                                                           21 September, 1993.

               581/1993                                                           14 December, 1993.

               459/1994                                                           20 September, 1994.

               637/1994                                                           13 December, 1994.

Adm. & C.S. Committee                                                        10 October, 1995.

H.B. & P. Committee - H155                                                  4 June, 1996.

               224/1996                                                           27 August, 1996.

                  9/1997                                                           21 January, 1997.

               H74/1997                                                           15 April, 1997.

             H137/1997                                                           17 June, 1997.

               417/1997                                                           9 December, 1997.

               295/1998                                                           8 December, 1998.

               119/1999                                                           22 June, 1999.

             7/2000                                                                 22 February, 2000.

               134/2000                                                           15 August, 2000.

                 14/2001                                                           27 February, 2001.

                 61/2001                                                           24 April, 2001.

               192/2002                                                           27 August, 2002

               H65/2002                                                           10 September 2002.

               120/2003                                                           27 May, 2003.

               H58/2003                                                           8 July, 2003.

               190/2003                                                           26 August, 2003.

               268/2003                                                           18 November, 2003


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[1] The exercise of sub-delegations by Environmental Services and Planning Staff need only have regard to Council policies.

 


REF

DELEGATIONS

DELEGATE

AUTHORITY

RA001

ACTS AND REGULATIONS

 

To exercise all powers vested in Council by the following Acts and Regulations:

(a)   Public Health Act, 1991 & Regulations thereunder

(b)   Local Government Act, 1993 & Regulations thereunder

(c)   Environmental Planning and Assessment Act, 1979 & Regulations thereunder

(d)   Land and Environment Court Act, 1979 & Regulations thereunder

(e)   Occupational Health and Safety Act, 2000 & Regulations thereunder

(f)    Heritage Act, 1977 & Regulations thereunder

(g)   Coastal Protection Act, 1979

(h)   Local Government (Abandoned Vehicles Amendment Act) 1982

(i)    Motor Traffic Act, 1989 & Regulations thereunder

(j)    Bush Fires Act, 1949

(k)   State Roads Act, 1986

(l)    State Emergency and Rescue Management Act, 1989

(m)  Liquor Act 1982 & Regulations thereunder

(n)   Swimming Pools Act, 1992 & Regulations thereunder

(o)   Impounding Act, 1993 & Regulations thereunder

(p)   Food Act, 1989 & Regulations thereunder

(q)   Roads Act, 1993 & Regulations thereunder

(r)    Noxious Weeds Act, 1993 & Regulations thereunder

(s)   Companion Animals Act 1998 & Regulations thereunder

 

General Manager

 

 

 

 

 

 

224/1996 – 27/8

119/1999 – 22/6

7/2000 – 22/2

61/2001 – 24/4

192/2002 – 27/8

190/2003 – 26/8

 

 


 


REF

DELEGATIONS

DELEGATE

AUTHORITY

RA001

 

ACTS AND REGULATIONS (Cont’d)

(t)    Library Act, 1939

(u)   Library (Amendment) Act, 1992

(v)    Waste Avoidance & Resource Recovery Act, 2001

(w)  Protection of the Environment Operations Act, 1997

(x)    Australian Road Rules, 1999

(y)    Contaminated Land Management 

       Act, 1997

(z)    Strata Schemes Management Act, 

       1996.

(aa) Criminal Procedure Act, 1986

(bb) Home Building Act, 1989

(cc) Registered Clubs Act, 1976

 

 

RA021

 

 

 

 

 

 

 

 

ASSETS-DISPOSAL

 

(a)   To approve disposal of assets under the control of the Delegate that are surplus to requirements.

(b)   To approve disposal of assets under the control of the delegate that are surplus to requirements with a book value of less than $1,000.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RA031

AUTHORISED OFFICERS

 

To appoint and revoke the appointment of authorised officers for the purposes of the Local Government Act and Regulations, any other Acts or Regulations or any specified provisions of the Acts or Regulations

General Manager

224/1996 – 27/8

61/2001 – 24/4

 


 


REF

DELEGATIONS

DELEGATE

AUTHORITY

RA041

APPLICATIONS – COUNCIL WORK

 

To authorise preparation, lodgement, signing and submission, on Council’s behalf, building and development applications or other applications for all works undertaken by Council.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RA042

APPLICATIONS – OWNER’S CONSENT

 

To sign applications involving Council property as owner to facilitate the lodgement of these applications.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RA043

APPLICATIONS – EXTERNAL BODIES

 

(a)   To sign applications for works and services to be undertaken by Government Departments, utilities and other external bodies on Council property or goods to be purchased which are necessary or ancillary to the Council’s operations.

 

 

(b)   To sign applications which are seeking grants or funding to assist Council in the delivery of services or the provision of facilities to the community.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RB001

BUSH FIRE

To issue and serve notices and permits as prescribed by the Bush Fire Act, 1949

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 



REF

DELEGATIONS

DELEGATE

AUTHORITY


RB002

BUSINESS PAPERS

 

A.     To determine matters which are to be included in the business papers of the Council and its Committees subject to the inclusion of the following items when they arise, namely:-

(a)   Reports of matters which cannot be determined under statutory authority or delegated authority.

(b)   Reports required to be submitted under any Act.

(c)   Matters requiring a determination of Policy.

(d)   Reports directed by the Council or the responsible Committee to be submitted.

(e)   Matters essential for the Council’s or Committee’s information.

(f)    Matters requiring a vote of funds

 

B.   To determine matters as per A. above in the absence of the General Manager.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 



REF

DELEGATIONS

DELEGATE

AUTHORITY

RC002

CERTIFICATION OF DEVELOPMENT

 

(a)   To assess and determine applications for Building Certificates, Compliance Certificates, Construction Certificates, Complying Development Certificates, Strata Certificates, Subdivision Certificates and Occupation Certificates, in accordance with the provisions of the Environmental Planning and Assessment Act.

 

(b)   To assess and determine applications for Construction Certificates, Building Certificates, Complying Development Certificates, Compliance Certificates and Occupation Certificates, in accordance with the provisions of the Environmental Planning and Assessment Act, subject to:-

 

(i)            Class 1 and 10 buildings only

(ii)           Buildings constructed in accordance with Council approval/s

(iii)          No evidence of unauthorised building works to the building

(iv)           Complies with relevant boundary setback requirements (as applicable)

Does not include performance based construction certificate or complying development certificate applications.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 



REF

DELEGATIONS

DELEGATE

AUTHORITY

RC011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CORRESPONDENCE

 

(a)   To sign correspondence under the name of the General Manager or Departmental Director on behalf of Council with the exception of correspondence to:

 

-       Ministers of the Crown (excepting routine matters)

-       Members of Parliament (excepting routine matters

-       Permanent Heads – Government Departments and Instrumentalities – where the subject matter is intended for the personal attention of the permanent head or other high level attention

-       The Ombudsman

-       Local Government Association where matters affect councillors

-       Persons or bodies where the functions of more than one division of Council are involved

-       The editors of newspapers and the like where the contents are intended to be for publication by the media.

(b)   To sign correspondence under the name of the General Manager or the Departmental Director with the exceptions listed above in, (a) but

limited solely to those matters    within the delegates position description.

(c)   To sign correspondence under the name of the General Manager or the Departmental Director with the exceptions listed above in (a) but limited to particular routine matters as determined by the General Manager or the relevant Director.

 

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RC021

CONSULTANTS-APPOINTMENT

 

To approve the appointment of consultants for special purposes where expert professional advice is required in the proper discharge of Council’s functions within the adopted estimates of Council.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RC031

 

 

 

 

 

 

COUNCIL/COMMITTEE MEETINGS-AUTHORITY TO VARY DATES & TIMES

 

To vary the schedule of meeting dates and times for meetings of Committees and the Council, when it is not practicable or desirable to hold meetings on a particular designated night to ensure that at least one meeting of each General Committee and an Ordinary meeting of the Council is held each month, except for the month of January. (9/1997 – 21/1)

General Manager

9/1997 – 21/1

61/2001 – 24/4


 

 


REF

DELEGATIONS

 

DELEGATE

 

AUTHORITY

RD001

DOCUMENT-CERTIFICATION

 

To certify documents as being originals or true copies and to verify current residency status of residents of Randwick.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RE001

E.E.O MATTERS

 

To implement the statutory responsibilities of the General Manager with respect to E.E.O matters (Local Government Act, 1993). (Jointly with Manager-Human Resources Services).

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RE011

 

 

 

 

 

 

 

EQUIPMENT, ETC- USE

 

To approve, approve with conditions considered appropriate, or refuse requests from Churches, Schools, and Charitable and similar type of organizations, for assistance of a minor nature such as the loan and/or erection of equipment and the render of minor services, etc, where such applications relate to any matter or thing under the control or supervision of the Delegate, and that the expenditure involved be charged against the allocation for expenditure under Section 356 of the Local Government Act, 1993 in the annual estimates.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RE012

EQUIPMENT-LIBRARY

 

To regulate the use of library equipment by members of the public

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

 


 




REF

DELEGATIONS

DELEGATE

AUTHORITY

RF001

FINANCE-EXPENDITURE AUTHORISATION

 

To authorise all expenditure and,/or purchase orders within the adopted budget for that delegates section as determined by the Management Structure.

 

General Manager

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RF002

 

 

 

 

 

 

 

 

 

 

 

 

 

FINANCE-PURCHASE ORDER SIGNING

 

(a)   To sign orders on Council’s behalf within the constraints imposed by the adopted estimates of the Council.

(b)   To sign the Sales Tax Exemption Certificate in accordance with the provisions of Clause 18 of the Local Government (Financial Management) Regulation 1993.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF003

 

 

 

 

 

 

 

FINANCE-INVESTMENTS

 

To invest, in such securities as authorised under the Local Government Act, and as deemed necessary, cash and other funds of the Council which may from time to time be surplus to Council’s immediate and future needs, subject to a report of all Council investments being submitted to the Finance Committee on a monthly basis.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF004

FINANCE-TRAVEL EXPENSES

 

To authorise reimbursement of Councillors and Officers for travelling expenses incurred whilst undertaking official Council business or whilst attending a conference or similar activity in pursuance of a Council resolution.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF005

FINANCE-RATES AND OTHER DEBTS-RECOVERY

 

To authorise the institution of legal proceedings for the recovery of any outstanding rates and other debts due to Council, except in the case of pensioners or where the ratepayer or debtor is paying the debt by an approved instalment arrangement.

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF007

 

 

 

 

 

 

FINANCE-PETTY CASH

 

To authorise petty cash expenditures within the adopted budget for that delegates section as determined the Management Structure

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF008

FINANCE-CHEQUE SIGNING

 

To sign cheques under the arrangements endorsed by the General Manager and the Commonwealth Bank

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF009

FINANCE-BANK GUARANTEES

 

To approve the acceptance of bank guarantees in association with development, strata and subdivision applications or other Council requirements.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF010

FINANCE-REFUNDS

 

To approve or refuse all applications for the refund of application fees, booking fees, bonds and deposits for the use of Council facilities.

General Manager

 

 

 

 

224/1996-27/8

61/2001 – 24/4

 

 

 

RF011

FINANCE-SECTION 603 CERTIFICATES

 

To issue certificates under Section 603 of the Local Government Act 1993

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF012

FINANCE-FEES AND CHARGES

 

To vary, waive or reduce various fees as detailed in Council’s Statement of Fees and Charges in those circumstances where the organization/person involved is a charitable organization, or where the fee charged is not achieving a usage/level of sales envisaged, or if the specified fee is unreasonable or inappropriate in exceptional circumstances.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF013

FINANCE-INTEREST CHARGES

 

To approve interest charges accrued pursuant to Council’s power under S567 of the Local Government Act 1993 being written off up to a limit of $200 in respect of outstanding rates in circumstances where the person is unable to pay the accrued interest for reasons beyond that person’s control or payment of the accrued interest would cause personal hardship.

General Manager

 

 

 

 

49/1997 – 25/2

61/2001 – 24/4

 

 

 

RF014

FINANCE-PENSIONERS-INTEREST CHARGES

 

To approve interest charges on current years rates and annual charges levied pursuant to Council’s powers under S564 of the Local Government Act 1993 being written off where eligible pensioners enter into an arrangement for payment of rates and charges in full within the year in which they are levied.

General Manager

49/1997 – 25/2

61/2001 – 24/4


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RF015

FINANCE-ABANDONMENT OF SMALL BALANCES

 

To approve the abandonment of small year end balances up to an amount of $2.00 in relation to outstanding rates and interest charges that are considered uneconomical  to pursue subject to the provisions of the Local Government Act 1993.

General Manger

49/1997 – 25/2

61/2001 – 24/4

RF021

FILMING ON COUNCIL RESERVES AND PROPERTY

 

To approve, approve with conditions as may be appropriate in the circumstances and subject to the payment of charges and fees as determined by Council, or disapprove of applications to use public reserves, beaches, public roads or Council property for filming or photographic purposes.

General Manger

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RF031

F.O.I ACT-APPLICATIONS

 

To approve or refuse applications made under the Freedom of Information Act 1989 for access to Council documents.

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RF032

F.O.I-INTERNAL REVIEWS

 

To determine applications for internal review made under Freedom of Information Act 1989.

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RG001

GRANTS/SUBSIDIES-LIBRARY

 

To make the annual application for subsidy to the State Library of New South Wales, in accordance with the provisions of the Library Act, 1939.

(128/1988 – 17/5)

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RI001

 

 

 

 

 

INSURANCE-PREMSURE MEMBERSHIP

 

To represent the interests of Council as member of the Premsure Executive and/or Management Committee

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RI002

INSURANCE-SETTLEMENT OF CLAIMS

 

To settle claims against Council where the claim is below Council’s excess subject to the concurrence of Council’s insurance assessors and/or brokers or where numerous precedents exist provided funds have been voted by Council.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RI003

 

 

 

 

INSURANCE-QUOTATIONS

 

To review Council’s insurance policies and to call and approve quotations on the recommendation of Council’s Insurance Broker.

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RI004

INSURANCE-INSURERS CLAIMS

 

To authorise payment of claims against Council where the claim has been accepted by Council’s insurer.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RL001

LEGAL PROCEEDINGS-INSTITUTION OF

 

(i)            To authorise the issue of Court attendance notices, application notices, subpoenas, the laying of any information or the making of any complaint for the recovery of any penalty or the making of any order for, or in respect of, any offence, nuisance or other matter or thing whatsoever under any Act or instrument which empowers such action to be taken by Council, or its employees and to issue such Court attendance notices, application notices, subpoenas or to lay any such information or make any such complaint.

(ii)           To order the institution of proceedings for the recovery of any penalty or the making of any order for, or in respect of, any offence, nuisance or other matter or thing whatsoever under any Act or instrument which empowers such action to be taken by Council.

(iii)          To appoint or authorise any employee of Council as, and to be, a duly authorised, appointed, designated or proper officer or Public Officer or person for the purposes of any Act or instruments which requires or empowers action to be taken by Council.

(iv)           To represent Council in all respects in any proceedings arising out of (i) – (iii) above, in the Land and Environment Court, any local Court, before any Justice, and before any Commissions of Inquiry under Section 119 of the Environmental Planning and Assessment Act, 1979.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

190/2003 – 26/8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RL002

LEGAL PROCEEDINGS-INSTRUCTION

 

(i)            To institute proceedings, authorised by the General Manager or Director, issue court attendance notice, application notice, subpoenas, lay any information or make any complaint for the recovery of any penalty of the making of orders in respect of any offence, nuisance or other matter or thing whatsoever under any Act or Instrument which empowers such action to be taken by Council or its employees.

(ii)           To appear and act for Council in the conduct of any action, suit or other legal proceedings in all Courts.

(iii)          To instruct the Council’s Solicitors in the conduct of any action, suit or other legal proceedings in all courts on matters relating to the delegate’s area of responsibility.

(iv)           To authorise legal and other representation of Council in appeals to any Court, Public Hearings, Commissions of Inquiry and for legal proceedings initiated by Council.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RL003

LEGAL DOCUMENTS-GENERAL

 

To sign any contract, licence, deed, or legal or other document, where the execution of such document is necessary to meet legal or Council formalities when such relate to the Council’s normal business activities

General Manager

295/1998 – 8/12

61/2001 – 24/4


 


REF

DELEGATIONS

DELEGATE

AUTHORITY

RL010

LOCAL APPROVALS – (ASSET & INFRASTRUCTURE SERVICES)

 

To grant Local Approvals contained in Section 68 of the Local Government Act, 1993, necessary to provide the public and private works and services approved by Council in the adopted budget as follows:

 

A2 Install a temporary structure on land;

A3 Use a building or temporary structure as a place of public entertainment or permit its use as a place of public entertainment;

B4 Carry out sewerage work;

B5 Carry out stormwater drainage work;

B6 Connect a private drain or sewer with a public drain or sewer under the control of a Council or with a drain or sewer which connects with such a drain or sewer;

D1 Engage in a trade or business;

D2 Direct or procure a theatrical, musical or other entertainment for the public;

D3 Construct a temporary enclosure for the purpose of entertainment;

D4 For fee or reward, play a musical instrument or sing;

D5 Set up, operate or use a loudspeaker or sound amplifying device;

D6 Deliver a public address or hold a religious service or public meeting;

E1 Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway;

F1 Operate a public car park;

F5 Install or operate amusement devices  (within the meaning of the Construction Safety Act, 1912);

F7 Use a standing vehicle or any article for the purpose of selling any article in a public place.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RL011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONT’D

RL011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONT’D

RL011

LOCAL APPROVALS-PLANNING AND ENVIRONMENT (Including building approvals)

 

(a)   To undertake all of the functions contained in Chapter 7 of the Local Government Act, 1993 for the assessment and determination of applications for activities requiring the approval of Council, as contained in the Table to Section 68 of the Act:

Including:

(i)            Assessment and determination of the provisions of the Local Government (Approvals and Orders) Regulations 1993.

(ii)           Acceptance of Certification by qualified persons under Section 93 of the Local Government Act, 1993.

(iii)          Granting a deferred commencement approval-Section 95 of the Local Government Act, 1993.

(iv)           Granting of Staged Approvals – Section 96 of the Local Government Act, 1993.

(v)            Assessment and determination of a Review of Determination in accordance with the provision of Section 100 of the Local Government Act, 1993.

(vi)           Assessment and determination action of application to amend an approval-Section 106 of the Local Government Act, 1993.

(vii)          Extending or renewing approvals-Section 107 of the Local Government Act, 1993.

(viii)         To revoke or modify an approval –Section 109 of the Local Government Act, 1993

 

 

(b)   To undertake all the functions contained in Chapter 7 of the Local Government Act, 1993 for the assessment and determination of applications for activities requiring the approval of Council, as contained in the table to Section 68 of the Act, subject to:-

(i)            Compliance with Local Government Act 1993 and Regulations, Planning Instruments, Building Code of Australia and Local Approvals Policy.

(ii)           There being no letters of objection to the proposals being submitted to Council in relation to the proposal.

(iii)          The relevant conditions of development consent have been complied with.

(iv)           Excluding heritage items/premises with a heritage conservation area, unless Development Consent has been obtained for the proposal.

(v)            Excluded Activities:-

 

    ¨ A8 – Use a building or temporary structure for public           

                entertainment.

    ¨ Part D – Activities on community land.

 

(vi)           Excluding determinations under Section 82, 95, 96 and 109 of the Local Government Act 1993.

 

(c)   To undertake all of the functions contained in Chapter 7 of Local Government Act, 1993 for the assessment and determination of applications for activities requiring the approval of Council as contained in the table to Section 68 of the Act subject to:-

 

(i)            Being limited to only the following activities:-

  ¨ C2 – Place waste in a public place.

  ¨ C3 – Place a waste container in a public place.

  ¨ E2 – Articles etc in or on a Public Road.

  ¨ F4 – Install a heating appliance.

(ii)           Compliance with the Local Government Act, 1993 and Regulations, Planning Instruments, Building Code of Australia and Local Approvals Policy.

(iii)          The relevant consent conditions being complied with.

(iv)           Excluding determinations under Section 82, 95, 96 and 109 of the Local Government Act, 1993.

(v)            Excluding applications relating to unauthorised building works.

General Manager

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

224/1996 – 27/8

9/1997 – 21/1

61/2001 – 24/4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RL012

LOCAL APPROVALS – ASSESSMENT OF APPLICATION

 

OBSOLETE DELEGATION

 

224/1996 – 27/8

RL013

LOCAL APPROVALS, CONSENTS AND CERTIFICATES-ASSESSMENT OF DETAILS

 

To assess applications, details submitted to Council ancillary to an approval or certificate given by the Council, as determined by the Director of Planning and Community Development, subject to compliance with the term of the approval and Local Government legislation including structural engineering details, mechanical ventilation, fire safety and construction details and details submitted to comply with an approval.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

192/2002 – 27/8

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RL014

LOCAL APPROVALS – SECTION 82 OBJECTIONS

 

To exercise the functions of the Council in relation to the assessment and determination of objections under Section 82 of the Local Government Act 1993, in accordance with the Instrument of Delegation issued by the Director General of the Department of Local Government.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RL015

LOCAL APPROVALS-STANDARD CONDITIONS

 

OBSOLETE DELEGATION

 

(Ceased Practice 1.7.99)

H137/1997 – 17/6

RL021

LIQUOR ACT & REGISTERED CLUBS ACT

 

To exercise delegated authority on behalf of the Council in respect to matters arising from processes required by and outlined in the Liquor Act and Registered Clubs Act. (60/1998 – 15/3) (190/2003-26/8)

General Manager

 

 

 

 

224/1996 – 27/8

60/1998 – 15/3

61/2001 – 24/4

 

 

RL031

LOAD LIMITS

 

To stop vehicles on public roads, check the tare weight of such vehicles and determine whether such vehicles comply with any load limit imposed upon the road

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RM001

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MOTOR VEHICLES-PRIVATE USE

 

(i)            To approve applications from employees to participate in the Council’s motor vehicle private use scheme and execute the appropriate standard written agreement, provided that the delegate is satisfied that private use when the vehicle is taken away on leave will not result in insufficient vehicles being available within the relevant Department to meet the Council’s needs.

 

(ii)           To vary the number of vehicles owned by the Council and made available for lease back.

 

(iii)          To include vehicles with or without fee in the remuneration packages of existing and potential staff (in consultation with the relevant Department Head) when considering the necessity of retention and recruitment of staff.

General Manager

224/1996 – 27/8

61/2001 – 24/4

RM010

CITY MARKETS

 

To approve or refuse applications for the transfer of tenancy of stalls at the City Markets, Kingsford

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 


REF

DELEGATIONS

DELEGATE

AUTHORITY

RN001

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONT’D

RN001

 

 

 

 

 

 

 

 

 

NOTICES AND REGULATORY ORDERS

 

(a)   To issue notices for clean-up orders for closure for food premises under Part 4, Division 2 of the Food Act, 1989.

 

(b)   To issue or serve notices and/or orders under the Environmental Planning & Assessment Act, 1979, Local Government Act, 1993, Public Health Act, 1991, Food Act, 1989, Protection of the Environment Operations Act, 1997, Swimming Pools Act, 1992, Noxious Weeds Act, 1993, Dog Act, 1966 and Roads Act, 1993, Impounding Act, 1993, Companion Animals Act, 1998, Waste Avoidance & Resource Recovery Act 2001, Environmental Penalties and Offences Act or any other Acts which Randwick City Council is required by law to administer, and including:

 

(i)            Issuing Notices and Notices of Intention to give an Order

(ii)           Issuing of Infringement and Penalty Notices

(iii)          Hearing and consideration of representations concerning Notices and Orders

(iv)           Carry out the functions of an authorised person in relation to entry and inspection of properties.

(v)            Assessment and determination of requests for information and issuing certificates relating to notices and orders.

 

(vi)           All functions contained in Chapter 7, Part 2, Division 3 of the Local Government Act, 1993 and Part 6, Division 2A of the Environmental Planning and Assessment Act 1979.

 

(vii)          Issuing of Orders

General Manager (a) & (b)

 

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

192/2002 – 27/8

 

 

RP001

 

 

 

 

 

 

 

 

 

 

PROPERTY-TOWN HALL USAGE

 

(i)         To approve or refuse the use of the Town Hall and to grant extensions of time for the use of the Town Hall for night bookings, and to charge a fee consistent with the Council’s outgoings for the additional time.

 

(ii)           To approve or refuse all applications for the refund of Town Hall booking fees.

 

(iii)          To approve free use of the Town Hall, or a reduced hire charge which covers caretaker’s wages, when applied for by charitable organizations, local schools and other community based groups, if it is considered that the applicant would encounter difficulties in paying full hire charges

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

 

RP002

PROPERTY-SALE OF LAND

 

To sign any Contract of Sale of Land where such land is sold by auction, in pursuance of a resolution of Council to sell such land.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP003

PROPERTY-LEASING

 

To secure or renew tenancies for Council’s properties at market rates.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 


 


REF

DELEGATIONS

DELEGATE

AUTHORITY

RP004

 

 

 

PROPERTY-COMMERCIAL/RESIDENTIAL LEASES

 

To authorise the leasing or licensing of Council’s commercial and residential properties.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RP005

PROPERTY-FACILITIES

 

To authorise the use of all rooms and facilities associated with the division.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RP006

PROPERTY-LIBRARY FACILITIES

 

To approve or refuse the use of:

-           the meeting room at Randwick Branch Library

-           the Vonnie Young Auditorium at the Bowen Library

-           the South Matraville District Memorial Hall at 1203 Anzac Parade, Matraville.

 

and to grant extensions of time for the use of these rooms for night bookings and at other times outside library hours and to charge a fee consistent with the charges set out in the Council’s Management Plan.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RP010

POLICIES-REFERENCES TO GOVERNMENT DEPARTMENTS, LEGISLATION, ETC.

 

(i)            Government Departments, etc – Name Changes

To alter the names of the Government Departments, Statutory Authorities and the like, in policies contained in the Council’s Policy Register, when the names of these

instrumentalities are changed and, also, to insert the names of new instrumentalities

when such occurs.

 

(ii)           Regulations, Legislation and Codes-Alterations

To alter, delete or incorporate, in policies

contained in the Council’s Policy Register, references to statutory legislation, regulations or

codes and the like when such are changed,

removed or invoked. (287/1989- 19/9)

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP020

PRIVACY & PERSONAL INFORMATION PROTECTION ACT – APPLICATIONS

 

To determine applications made under the Privacy and Personal Information Protection Act 1998

General Manager

 

 

261/2001 – 11/12

 

 

RP021

PRIVACY & PERSONAL INFORMATION PROTECTION ACT – INTERNAL REVIEWS

 

To determine applications for internal reviews made under the Privacy and Personal Information Protection Act 1998.

General Manager

 

 

261/2001 – 11/12

 

 

RP030

PUBLIC OFFICER

 

To undertake all duties associated with the position of Public Officer under the Local Government Act, 1993 or any other Act.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RP040

 

 

 

 

PROTECTED DISCLOSURES ACT

 

To accept disclosures in accordance with the provisions of the Protected Disclosures Act, 1994

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP050

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC RESERVES AND PLAYING FIELDS

 

(a)           To approve, approve with conditions considered appropriate in the circumstances, or disapprove of applications for permission to hold parties and picnics on public reserves, and for the casual or seasonal hiring and use of public reserves and playing fields under the care, control and management of Council, subject to payment of the hiring charges as determined by Council.

 

(b)          To authorise refund of fees paid for the seasonal use of Council’s playing fields where power restrictions prevent the use thereof, provided that refunds shall not be granted where playing fields are not used solely because of adverse weather conditions.

 

(c)           To approve, in the case of all casual hiring of ovals and playing fields, of refunds of hiring fees, where, due to circumstances beyond the control of the hirer, the playing of games is not possible, provided that refund shall not be made if play has been commenced and subsequently discontinued.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP051

 

 

 

 

 

 

 

 

 

 

 

PUBLIC PARKS, RESERVES, RECREATION AREAS AND FREE PARKING AREAS-CONTROL

 

(a)   To assist in securing the observance of provisions made by the Council for the care, control and management of all public parks, reserves, recreation areas and free parking areas within the Local Government Act area of Randwick City Council.

 

(b)   To take all necessary steps for the protection of flora and fauna, and regulate the use and enjoyment of such public parks, reserves, recreation areas and free parking areas and cause the removal therefore of trespassers and other persons causing annoyance and inconvenience.

 

(c)   To require any person reasonably suspected of having offended against the provisions of the Act to give his/her name and residential address.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RP061

 

 

 

 

 

 

 

 

 

 

 

 

PLANNING CONTROLS-PART V EP & A ACT ACTIVITIES

 

(a)          To exercise the functions of Council under Section 112 of the Environmental Planning and Assessment Act in determining whether an Environmental Impact Statement is required.

 

(b)          To exercise the functions of Council under Part V of the Environmental Planning and Assessment Act in granting or refusing approval to a proposed activity where an Environmental Impact Statement is not required.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP063

 

 

 

 

 

 

PLANNING CONTROL-PLANNING CERTIFICATES

 

To issue planning certificates under Section 149 of the Environmental Planning and Assessment Act.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP064

PLANNING CONTROL-DEVELOPMENT ASSESSMENT

 

To determine development applications under Part 4 of the Environmental, Planning and Assessment Act having regard to the relevant environmental planning instruments, development control plans and Council policies to a maximum value of $2 million.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RP065

PLANNING CONTROL-SEPP 1 OBJECTIONS

 

To exercise functions of the Council in relation to the assessment and determination of objections under SEPP 1.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


RP066

 

 

 

 

 

 

 

 

 

 

 


PLANNING CONTROL-SECTION 96 APPLICATIONS MODIFICATION OF CONSENTS

 

To determine applications for modifications of development consents under Section 96 of the Environmental Planning & Assessment Act, 1979, as amended:

 

i)             where the application is made under S.96(1) and/or S.96(1A) of the E.P.& A. Act, 1979, as amended;

ii)            where the application is made under S.96(2) and the original consent was granted under delegated authority; and

iii)           where there have been no objections to the original development application and to the S.96(2) application for the modification of that consent where the cost of the development is over $2m.

 

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

120/2003 – 27/5

 

 

 

PLANNING CONTROL-SECTION 82A REVIEW OF DETERMINATION

 

To determine applications for the review of determinations of development applications under Section 82A of the Environmental Planning and Assessment Act:-

 

(a)           where the original determination was made under delegated authority

(b)           where the development application was not determined by that person.

General Manager

 

 

 

 

417/1997 – 9/12

61/2001 – 24/4

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RP067

PLANNING CONTROL-EXTENSION OF CONSENT

 

To determine applications for the extension of development consents under Section 95A of the Environmental Planning and Assessment Act.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RP068

PLANNING CONTROL-SUBDIVISION CERTIFICATES

 

To approve subdivision certificates under part 4a of the EP&A Act and endorse supporting documents and certify that development consent for a subdivision has been obtained or consent is not required.

General Manager

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RP069

PLANNING CONTROL-STRATA SUBDIVISIONS

 

To determine applications for strata subdivision under the Strata Schemes Management Act, 1996 and issuing certificates for such applications and performing other functions of Council under the Strata Titles and Conveyancing Act.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

192/2002-27/8

 

 

 

RP070

PLANNING CONTROL DIRECTOR GENERAL OF PLANNING NSW - DELEGATIONS

 

To perform the functions of the NSW Director General of Planning NSW and Director General of Local Government which have been delegated to Council.

General Manager

 

 

224/1996 – 27/8

H74/1997 – 15/4

61/2001 – 24/4

192/2002-27/8

 

 


 


REF

DELEGATIONS

DELEGATE

AUTHORITY

RP071

PLANNING CONTROL-FOOTWAY RESTAURANTS

 

To determine applications for approval to operate footway restaurants under the Roads Act 1993, subject to the granting of a lease.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP072

PLANNING CONTROL-DOCUMENT COPIES

 

To certify copies of documents under Section 150 of the Environmental Planning and Assessment Act.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP073

 

 

 

 

 

 

PLANNING CONTROL-MINOR WORKS

 

To exercise the functions of Council in relation to the necessity to submit development applications for proposed development (clause 26 LEP 1998), and to advertise minor development applications (clause 24 LEP 1998).

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RP074

PLANNING CONTROL-RECEIPT OF AMENDED PLANS

 

To agree to the amendment of a development application before determination in accordance with Clause 48A of the Environmental Planning and Assessment Regulation.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RP075

 

 

 

 

 

PLANNING CONTROL-LAND AND ENVIRONMENT COURT APPEALS SETTLEMENT

 

To enter into mediation with appellants to the Land and Environment Court and to enter into settlement agreements on behalf of Council.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP076

PLANNING – AMENDMENT NO. 17 TO LEP 98

 

To exercise the functions of the Council as consent authority in relation to waiving the requirements for a Master Plan (Clause 40A (2) of the Randwick Local Environmental Plan (Amendment No. 17) but only if satisfied:

(a)   that the development is of a minor nature or is ancillary to the current use of the land: or

(b)   that adequate guidelines and controls applying to the land are already in place, and only to a maximum cost of $2 million for the proposed development.

General Manager

 

 

 

134/2000 – 15/8

61/2001 – 24/4

 

 

 

RP077

PLANNING – STATE HERITAGE ITEMS

 

(i) For items listed on the State Heritage Register, to determine whether public notice of an application under S.60 of the Heritage Act 1977 should be given under S.61 of that Act, subject to the general conditions set out in the Delegation of Functions of Heritage Council of NSW detailed in Schedule B and the following specific conditions and limitations:

a)           Where the Council determines that public notice should be given under S.61, the Council must forward the application to the Heritage Council within 5 days of receiving it.

b)           A local Council must not exercise this function where the item is of significance to

aboriginal people, as identified on the State Heritage Inventory.

(ii) For items listed on the State Heritage Register, to approve, under S.63 of the Heritage Act 1977, an application made under S.60 and all incidental powers, functions and duties thereto, subject to the general conditions set out in the Delegation of Functions of the Heritage Council of NSW detailed in Schedule B and the following specific conditions and limitations:

a)  A local Council must not exercise this function where the local Council has determined that public notice should be given under S. 61.

b)  Where the Council knows, or has cause to suspect, that the proposed activity will or is likely to result in a relic being discovered, exposed, damaged or destroyed, the application must be referred to the Heritage Office for assessment regarding archaeological matters. Council must comply with the recommendations of the Heritage Office made in its assessment prepared pursuant to the referral. (see condition 6, Schedule B)

c)  A local Council must not exercise this function where the item is of significance to Aboriginal people, as identified on the State Heritage Inventory.

General Manager

 

 

 

 

 

 

 

 

 

 

 

 

 

 

465/2002 – 10/9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RP091

PLANT-REPLACEMENT

 

To replace, after consultation with and upon the recommendation of the respective Heads of Department, sedans, station sedans, utilities and vans in the Council’s motor vehicle fleet, subject to compliance with the Council’s policy from time to time regarding the replacement of motor vehicles.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP092

PLANT-DISPOSAL

 

To dispose of surplus Council plant by auction in accordance with the Management Plan.

 

 

General Manager

 

 

Director Planning & Community Development

224/1996 – 27/8

61/2001 – 24/4

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RP101

PARKING ON FOOTPATHS

 

To initiate prosecutions against persons responsible for the parking of motor vehicles on footpaths, where such parking contravenes Council’s policy.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RP110

PRIVATE PROPERTY-ENTRY AND INSPECTION

 

To enter and examine at any reasonable hour, any premises within the Local Government Area of Randwick City Council for any purpose relating to the administration of the Local Government Act 1993, the Environmental Planning and Assessment Act, 1979, the Public Health Act, the Food Act, 1989, Protection of the Environment Operations Act 1997, Swimming Pools Act 1992, Companion Animals Act 1998, Strata Schemes Management Act 1996, Waste Avoidance & Resource Recovery Act 2001 and all other Acts which Randwick City Council is required by law to administer.

 

 

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

192/2002 – 27/8

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RR001

 

 

 

 

 

 

 

 

 

RECORDS-COUNCILLOR ACCESS

 

To approve or refuse access to Council’s records by Councillors.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RR002

RECORDS-DISPOSAL

 

To authorise the disposal of Council’s records subject to statutory limitations.

General Manager

224/1996 – 27/8

61/2001 – 24/4

RR011

ROADS ACT, 1993

 

To exercise all functions contained in the Roads Act, 1993 necessary to carry out maintenance and construction of Council’s roads in accordance with the adopted budget.

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RS001

STAFF-GRATUITIES

 

To approve the payment of gratuities to employees of the Council whose commencement date and length of service comply with the requirements of Council’s Policy No. 3.04.07.

General Manager

224/1996 – 27/8

61/2001 – 24/4

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RS002

 

 

 

STAFF-LEAVE APPLICATIONS

 

To direct, deploy and authorise the taking of accrued leave of all staff within that person’s section as determined by the Management structure.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RS003

 

 

 

STAFF-APPOINTMENT/ASSESSMENT/DISMISSAL

 

(a)   To appoint staff to positions approved by the General Manager below manager level in accordance with Section 349 of the Local Government Act, 1993 and to temporarily appoint existing staff below Manager level under Section 351 of the Local Government Act, 1993.

 

(b)   To assess performance of staff under the control of the Delegate and to recommend increases and decreases in the salary of staff members.

 

(c)   To dismiss staff below Manager level subject to:

 

i.              compliance with human resource and legislative requirements, and

ii.             the General Manager being notified of any action taken.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RS004

STAFF-CUSTOMER SERVICE CENTRE DUTY OFFICER

 

To deploy technical staff as required for the successful operation of Council’s customer services facility in consultation with appropriate Department Heads and Managers.

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RS005

 

 

 

 

 

STAFF-INDUSTRIAL DISPUTES

 

To deal with and determine all industrial disputes relating to the responsibilities of the delegate involving Council and staff, subject to Council being advised of the terms of settlement.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RS006

STAFF-PERFORMANCE BONUS

 

To determine staff Performance Bonuses based on nominations submitted by Directors following completion of the performance appraisal.

General Manager

224/1996 – 27/8

61/2001 – 24/4

RS007

STAFF-TRAINING PLAN

 

To approve the staff training Plan in accordance with Council’s Budget allocation.

General Manager

224/1996 – 27/8

61/2001 – 24/4

RS008

STAFF-UNFAIR DISMISSAL

 

To defend actions against Council on the grounds of unfair dismissal or similar actions contemplating dismissal in the Industrial Relations Commission or to the Industrial Relations Registrar in accordance with Section 91 2 (c) of the Industrial Relations Act.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RS009

STAFF-SALARIES AND WAGES

 

     To authorise the payment of the salaries and

     wages of  the staff of Council within the sums

     voted by the Council for expenditure thereon.

 

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RS010

 

 

 

 

 

 

STAFF-TIME SHEETS

 

To authorise time sheets or other records of attendance for payment of permanent or casual staff under the delegate’s care and supervision.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RS011

STAFF-OVERTIME

 

To authorise overtime under the delegate’s control and supervision provided that funds have been voted by Council.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RS051

STREET LIGHTING

 

(a)   To approve replacement of street lamps or variation in wattage or type of street lamps in accordance with proposals submitted by Sydney Electricity.

 

(b)   To approve applications being made for improved street lighting and the acceptance of charges in respect thereof fixed by Sydney Electricity.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RS052

STREET STALLS, COLLECTIONS, ETC

 

(i)            To approve, control and regulate with or without conditions, or refuse, applications for door knock appeals and applications for the solicitation or collection in any public road or place of gifts of money or subscriptions for any purpose.

 

(ii)           To issue permits, with or without conditions and otherwise generally control street stalls and to approve or refuse applications made by, and allocate dates therefore to, charitable and non-profit organizations, churches and the like, for the conduct of street stalls.

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RS053

STREET PROCESSIONS, ETC

 

To approve, subject to Police requirements to approve, approve with conditions considered appropriate in the circumstances, or disapprove of applications for permission to hold street processions, walkathons, marches, fun runs and the like on public roads.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 


RS061

SKATEBOARDS AND ROLLER SKATES

 

To control the use of skateboards and roller skates on public roads, public places and reserves.

General Manager

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 


 

REF

DELEGATIONS

DELEGATE

AUTHORITY

RT001

TREE PRESERVATION ORDER

 

To approve, approve with conditions considered appropriate in the circumstances, or disapprove all applications made to Council for the ringbarking, cutting down, topping, lopping, pruning or removal of trees within the City which are subject to Council’s Tree Preservation Order.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 


RT002

TREES-ISSUE

 

To issue to Churches, Schools and public and charitable institutions within the City, upon application, up to twenty five (25) trees in each case for planting within their respective grounds.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

RT011

TENDERS-OPENING

 

To act as the appropriate person in accordance with the Local Government (Tendering) Regulation 1993 for the opening of tenders received in Council’s Tender Box.

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

 

 

RT012

TENDERS-CALLING OF

 

To call Tenders on the Councils’ behalf.

General Manager (in consultation with the Mayor)

14/2001 – 27/2

61/2001 – 24/4

RT021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TRAFFIC MATTERS

 

To exercise or perform on behalf of the Council, such powers, duties and responsibilities as are delegated from time to time to the Council by the Roads and Traffic Authority (297/1989 – 19/9) pursuant to the powers conferred on that Authority by the Traffic Administration Act, 1998, provided that:

 

(a)   any action necessarily arising from the recommendation of the Randwick City Council “Traffic Committee”, except in respect of “construction zones”, shall not be implemented until fourteen (14) clear days after the distribution of the minutes of each meeting of the Randwick Traffic Committee to the Councillors of Randwick City Council with the business paper of the next available Council or Committee meeting;

 

(b)   if:

 

(i)            un-budgeted expenditure is involved, or

(ii)           during the abovementioned period any Councillor has indicated in writing to the Director of Asset & Infrastructure Services that he considers a matter should be the subject of a report to the Council, or

(iii)          in the opinion of the Director of Asset & Infrastructure Services, he considers that a matter should be the subject of a report to the Council,

This authority shall not be exercised or performed until such time as the matter has been considered by the Council;

 

(c)   in respect of “Construction Zones”, the authority hereby delegated may be exercised forthwith provided that such matters have the unanimous support of the relevant members of the Traffic Committee, but in all other instances, the procedures of (i) and (ii) above should be observed.

 

(d)   In respect of items referred to the Traffic Committee solely as Department Applications/Local Approval Applications, the authority shall not be exercised or performed.  In these cases the recommendation of the Traffic Committee shall be referred to the Planning and Community Development Department for consideration as part of the approval process. (156/1995 – 18/4)

General Manager

 

 

 

 

224/1996 – 27/8

61/2001 – 24/4

192/2002 – 27/8

 

 

RV001

VALUATION APPEALS

 

To represent the Council, or to appoint a substitute representative to appear before the Land and Environment Court at any hearings of objections against valuations of properties in this City.

General Manager

224/1996 – 27/8

61/2001 – 24/4

RW001

 

 

 

 

 

 

 

 

WORKS-URGENT

 

To approve work to a maximum cost of $10,000 which is considered urgent and in the public interest and for which there is no budget provision but where funds are available within the votes for the Delegates department.

 

General Manager

 

 

 

224/1996 – 27/8

61/2001 – 24/4

 

RW050

WATER RESTRICTION OFFENCES

 

To issue penalty notices for offences against Clause 17 (3) of the Sydney Water Regulation 2000.

General Manager

 

 

268/2003 – 18/11

 

 


 

Director Planning & Community Development's Report 36/2004

 

 

SUBJECT:

308-310 Arden Street and 3 Alexander Street, COOGEE

 

 

DATE:

15 June, 2004

FILE NO:

D/0420/2003/'A'

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT   

 

 

INTRODUCTION:

 

Attached is the Development Application Report for a Section 96 modification to increase the size of unit 16 and 17 from two bedrooms to three bedrooms and provide additional basement car parking.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 7 June, 2004.

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

7 June, 2004

FILE NO:

D0420/2003/'A'

 

PROPOSAL:

 Section 96 modification to increase the size of unit 16 and 17 from two bedrooms to three bedrooms and provide additional basement car parking.

PROPERTY:

 308-310 Arden St and 3 Alexander St Coogee

WARD:

 East Ward

APPLICANT:

 CSA Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the original application was determined by Council

 

The proposed modification seeks to increase the number of bedrooms provided for units 16 and 17, resulting in an extension to the fourth storey to Arden St. The original proposal was amended by condition to reduce the number of storeys, FSR and bulk of the development and was approved at what is considered to be the maximum density that could be supported on the site. This current modification seeks to increase the scale of the development beyond that which is considered acceptable. The modifications have amenity, streetscape and built form impacts and significant neighbour opposition.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The proposal is for the addition of two bedrooms off units 16 and 17 at the fourth floor level. The approved upper level is to be extended by adding  two additional bedrooms west of the existing stairs access. When viewed from Arden St (East elevation) the addition will extend out from the existing upper level by some additional 3.4m.

 

To accommodate the additional two bedrooms additional parking is provided to the basement for the spaces for units 14 and 9 where three spaces are to be accommodated within mechanical car stackers.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Arden St and the eastern side of Alexander St between the intersecting streets of Dudley St and Neptune St in Coogee.

 

The subject site is the combination of three sites reading as two components. The first being Lot A of DP 308966 and Lot B of DP317715 which constitute the Arden St section of the site making up the majority of the site area. The second component is 3 Alexander St site known as consolidated Lot 1 DP 311144 and Lot 2 DP 177453 this section provides the vehicular and service access to the site and a two storey detached building.

 

3 Alexander St                                                                      308-310 Arden St.

 

 

The total site area is 1,594sqm with a frontage to Arden St of 24.385m and 13.715m to Alexander St.

 

The surrounding locality is defined by the bounding streets of Dudley St, Arden  St, Neptune St and Alexander St. This locality is comprised of a mix of densities and architectural styles with three periods of development represented, the original pre World War 1 bungalows, the mixed use and multi unit developments of the interwar period and 1960s and 1970s residential flat developments. There has been a recent redevelopment trend with the older bungalows being redeveloped into multi unit developments. There have been a number of such developments approved within the locality within the past few years including the recently approved 11-15 Alexander St of a similar scale to the proposed development.

 

Adjacent to the subject site, to the north on Arden St are a pair of semi-detached dwellings (Nos 304-306 Arden St) and a boarding house at the corner of Dudley St. To the south of the property is a four storey red brick multi unit development. Across from the subject site on Arden St are a series of multi unit developments with a general height of four storeys. Running along the northern boundary of the subject site are a number of properties which address Dudley St these include detached residences, multi unit development and commercial properties (Nos 94, 96 and 96A Dudley St). Adjacent to the north of No. 3 Alexander St is a two storey mixed use development with associated garages (92 Dudley St). To the South is a 3 storey residential flat building known as 5 Alexander St.. Along the southern boundary is a 3 storey residential flat building that extends partially alongside the centre of the subject site (7-9 Alexander St). To the South of 310 Arden St is a 3 storey residential flat building known as 312-314 Arden St.

 

Demolition of the existing properties has already commenced and as such construction is soon to commence on the approved development.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

Deferred commencement consent was issued at the Ordinary Council meeting of 9 December 2003. The deferred commencement conditions require deletion of a unit, void areas to units 10, 11 and 12 including associated roof terraces and reconfigured unit and the car park layout. These 7 deferred commencement conditions were imposed primarily to reduce the bulk and scale of the development and to minimise impacts on neighbouring properties. Amended plans were submitted and the consent made operable on the 6 February 2004.

 

The current Section 96 application before Council was submitted on the 18 February 2004. When lodged in February the application sought several changes including the extension of the fourth level to provide two additional bedrooms to units 16 and 17, an additional unit to the Alexander St building and additional car spaces through the use of car stackers. The additional level to the Alexander St building was considered to be outside of the scope of a Section 96 application where the additional storey constituted a development substantially different from which consent was granted. The applicant was advised to withdraw this component of the application which was done with new plans submitted on the 5 May 2004. At this time several concerns with the application were raised and it was suggested that the entire application be withdrawn. The applicant elected to proceed with the current application.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised in accordance with the Council’s Policy on Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

Objections

 

E Mckenzie

96 Dudley St

 

B & L Hammond

94 Dudley St

 

V Rodd

3/5 Alexander St

 

J Hughes

c/- Bradfield and Pritchard Randwick

48 Belmore Rd

Randwick

 

F Lugg

PO Box 92

Enmore

 

I & F Swindelks

3/96A Dudley St

 

·    Development is out of character with streetscape

 

Comment

 

Built form and urban design were considered as part of the assessment of the original application. In assessing the proposed modification it is considered that the extension to the fourth floor to Arden St will reduce the level of articulation currently provided and as such will detract from the quality of the built form.

 

·    Additional bulk as a result of the addition

 

Comment

 

The extension of the fourth storey by some 5.8m in depth will result in additional bulk both from the Arden St streetscape and when viewed from neighbouring properties. The additional bulk is considered unreasonable where the approved density for the site, already above the permissible under the LEP, is considered to be the maximum that can be justified. Any additional bulk results in a building that is out of context with the immediate locality and does not satisfy the objectives of floor area.

 

·    Car stackers being too cumbersome will result in residents parking on street

 

Comment

 

Whilst there is no documented evidence of this being experienced in other similar developments the need to provide additional spaces through the provision of car stackers is not supported where there is the potential for mechanical failure which would render all spaces for that particular unit non-accessible.

 

·    Concern for number of parking spaces

 

Comment

 

The traffic conditions of the immediate locality are noted and was a matter for consideration in the original assessment report not for this modification.

 

·    Loss of privacy request further amendments to provide greater privacy

 

Comment

 

Once approval is issued modifications or amendments can only be made by the applicant further amendments cannot be requested by either affected properties or Council. 

 

·    Plan as submitted is rudimentary with inaccurate detail regarding neighbouring properties

 

Comment

 

Any errors on the plans in relation to site conditions become apparent once an inspection is undertaken.

 

·    Further variation to floor space ratio

 

Comment

 

This is discussed further under Floor Area in the Environmental Assessment Section of this report.

 

·    Overshadowing as a result of additional height

 

Comment

 

Shadow diagrams were not submitted with the proposal it is however noted that there will be some level of increased overshadowing as a result of the extension to the fourth storey. As the proposal is recommended for refusal a request for further solar access analysis was not requested of the applicant.

 

·    Loss of privacy

 

Comment

 

It is possible there will be additional overlooking as a result of the intensification of the fourth floor terrace areas by providing additional access off the new bedrooms. It should however be noted that the terrace was approved as part of the original application.

 

·    Extra traffic movements

 

Comment

 

Some of the objection related to the Alexander St building additional storey, as this has been withdrawn from the application these points are not included as part of the objections.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application was not referred for technical officer comment as the proposed modifications did not alter the comments previously provided.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)          Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

32 - FSR

0.9:1

0.97:1 Approved

 

1.05:1 Proposed

No

33 - Building Height

10m External wall height

 

12m Overall Maximum

13.2m

 

 

13.9m

 

No

 

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

The original plans were referred to the Design Review Panel for comment, a number of issues were raised primarily relating to bulk and scale and poor internal amenity for units. Amended plans were submitted which resolved some of the panel’s concerns. The deferred commencement conditions were then imposed to rectify the remaining issues to a level where Council could support the application. It is considered that the modifications currently sought by increasing the bulk of the development will reduce the quality of the development below that which consent was issued. As such the application cannot be supported as it will not meet the minimum requirements of several of the SEPP’s design principles specifically Principle 2- scale and Principle 4- density.

 

The Section 96 modification was not referred to the Design Review Panel as the consent authority has the discretion whether or not to refer a matter under Part 4 Clause 30 of State Environmental Planning Policy No. 65 Modification of Consent (1B). It should however be noted that an applicant in seeking to modify a consent under (1A) of State Environmental Planning Policy No. 65 must provide a design verification statement including a statement that the modifications do not diminish or detract from the design quality, or compromise the design intent, of the development for which the development consent was granted. Such a statement was not provided with this application and it is considered that the modifications do in fact compromise and diminish the quality and design intent of the development. As the application was not supported by the Department of Planning and Community Development the proposal was not forwarded to the Design Review Panel.

 

8.         SECTION 96 AMENDMENT

 

8.1  Substantially the same

 

The application as submitted, including the additional storey to the Alexander St building, was considered to not be substantially the same as that for which consent was issued. As such this component of the application was withdrawn.

 

The remaining modifications for the additional bedroom to units 16 and 17 and the car stackers are considered to be consistent with the nature of approved development. The modifications will not result in a development substantially different from that for which consent was granted. It should however be noted that this does not result in a development that meets the relevant assessment criteria under DCP for Multi Unit Housing or LEP 1998.

 

8.2  Consideration of submissions

 

The objections were previously discussed under Notification section of this report.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1       Floor Area

 

The approved FSR is 0.97:1 based on the deferred commencement plans. The proposed FSR based on the modification will be 1.05:1. The maximum permissible FSR for the site is 0.9:1. The approved plans varied the maximum permissible FSR by way of a SEPP 1 objection which was supported. It is considered however that the additional FSR is excessive and will contribute unreasonably to the bulk of the development having streetscape and amenity impacts. The approved variation of 110sqm whilst numerically large satisfied the applicable objectives and performance requirements of the development standard and the SEPP 1 objection was supported. This Section 96 application seeks a total variation of some 240sqm which is not reasonable and being almost double the original variation cannot be supported due to the increased amenity impacts of the proposal.

 

The purpose of the floor area control is to establish reasonable upper limits for development to reduce the potential for adverse impacts on nearby and adjoining development. The additional 130sqm of floor area sought will increase the fourth level to Arden St further towards the neighbouring properties of 306 Arden St and 312 Arden St and further back into the subject site. To No. 306 Arden St the number of windows affected by the development will be affected where the footprint of this storey is no longer restricted to just the front section of the subject site. The provision of a sliding door off the proposed bedroom will provide an intensification of the terrace area associated with this unit which in turn will have privacy (aural and visual) implications for this adjoining semi-detached dwelling.

 

To the south No. 312 Arden St there are also concerns for increased privacy impacts from

the intensification of the approved roof terrace area. As the photos below indicate the fourth floor will correspond with the 3 and 4 storey building known as 312 Arden St where habitable windows and balconies are positioned. It is also noted that the additional floor area will extend the amount of shadow experienced to this southern elevation.

 

Photos showing North-east and North-West elevation of 312 Arden St note the balconies and windows to this northern elevation.

 

To the streetscape the fourth storey was originally designed as a as a partial storey reading as a pop up roof element to the development. This element provided the upper level of two units and access to the designated private open space however was intended to be visually unobtrusive of a reduced scale. The overall front elevation to Arden St was designed to read as primarily three storeys with a small fourth level, this design resulted in a development that responds well to the scale of adjoining properties and the intended future character of this section of Arden St. A good level of articulation and modulation was provided by this partial upper storey.  By extending the footprint closer to that of the lower floor footprint the degree of modulation is lowered and the bulk of the façade is increased. The visual interest of the façade will be compromised and the quality of the built form reduced.

 

The proposed additional floor area compromises the amenity of neighbouring developments and the visual appearance of the development when viewed from Arden St.

 

9.2       Height

 

The approved plans had a compliant external and overall maximum height. The proposed extension of the fourth/upper level increases the height of the development. This is due to the slope of the land whereby the further deeper into the site the footprint extends the higher the building envelope. The maximum external wall height becomes 13.2m from the permissible 10m. The maximum overall height increases to 13.9m from the permissible 12m, the variation is considered considerable.

 

The purpose of the height standard is to protect the amenity of surrounding areas. The amenity implications of additional overshadowing have been already considered under Floor Area section of this report. The additional height sought with this proposal at the highest point is some 3.5m. The additional height is due to the extension of the building footprint where  the site slopes away and the distance to natural ground is greater. The additional 3.5m is a significant increase and one which will considerably extend the shadow length at the winter solstice. The approved plans through deferred commencement conditions sought to reduce the height of the development towards the centre of the site to reduce shadow length to 312 Arden St and 7-9 Alexander St. Whilst the additional height is located closer towards the Arden St end of the development it is considered that the addition will increase the height of the shadow over additional habitable rooms on the northern elevation of 312 Arden St. It should also be noted that solar access has continued to be of concern for the residents of this development.

 

The additional bulk of this increase of 3.5m beyond the approved height of the development does not respect or relate to the slope of the site. The intention of the DCP and SEPP 65 is for developments to follow the lie of the land terracing down with the slope. The extension of the upper level towards the west does not reflect the slope and as such results in the significant variation from the permissible height. When viewed from the north or south of the site the building will be bulky and inconsistent with the topography of the site.

 

From west of the site the additional height extends the bulk of the development both vertically and horizontally reading as a five to six storey building extending across most of the width of the site. The additional partial storey does not provide any architectural detail which could minimise this bulk and the proposed built form disrupts the symmetry of the development.

 

The additional height cannot be supported given the adverse amenity, bulk and scale repercussions.

 

9.3       Parking

 

The approved plans complied with the necessary number of parking spaces for the number of bedrooms provided, in actuality the approved plans resulted in an excess of two spaces. Even if the proposed modification was approved then there would still be no need for any additional spaces. There is no specific objection raised for providing additional car parking spaces however given the additional number is achieved through car stackers there is a concern raised. Council’s Parking DCP does not encourage the use of stackers and given their mechanical limitations it is considered to be an unnecessary burden on the development. Further, the stackers are provided to a unit where there is no intended increase in bedroom numbers such that there is no apparent need. Should the stackers malfunction then there is a further demand placed on already limited on-street parking.

 

9.4       Privacy

 

Privacy has been discussed previously under the floor area and height sections of this report. It is considered that there will be an intensification of the approved roof top terrace areas where there is improved access to this area from the additional sliding door off the proposed bedroom. The additional access will make the deck terrace area more usable primarily to the side boundaries out the front of the new bedrooms. In this location there are habitable windows to adjoining buildings at the same height. It is considered that any intensification of the terrace areas which will have an impact on the privacy of adjoining properties cannot be supported.

 

10.  CONCLUSION

 

The proposed modification to provide an additional second bedroom to units 16 and 17 constituting an extension to the fourth floor does not meet the purpose or objectives of the relevant development standards of floor space ratio and maximum height. The additional floor area will result in an unacceptable increase in building bulk and will compromise the design of the development. The additional floor area results in a significant amenity impact for neighbouring properties such as overshadowing, loss of privacy and perceived building bulk. This building bulk is also apparent from Arden St and has an adverse impact on the quality of built form and its relationship to the streetscape.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 420/03 for Section 96 modification to increase the size of unit 16 and 17 from two bedrooms to three bedrooms and provide additional basement car parking. at 308-310 Arden St and 3 Alexander St Coogee for the following reasons:-

 

1.         The proposal does not satisfy the Design Principles of State Environmental Planning Policy No. 65.

 

2.         The proposal does not provide a Design Verification required under Part 4 Clause 30 (1A) State Environmental Planning Policy No. 65.

 

3.         The proposal is inconsistent with the purpose of Clause 33- Building Heights of Randwick Local Environmental Plan 1998 in relation to external wall height and overall height where the amenity of adjoining properties will be adversely affected.

 

4.         The proposal does not comply with the numerical requirements of Clause 33- Building Heights of Randwick Local Environmental Plan 1998 where the external wall height is 13.2m and overall maximum 13.9m.

 

5.         The proposal is inconsistent with the purpose of Clause 32-Floor Space Ratio of Randwick Local Environmental Plan 1998 where the additional bulk will impact on the amenity of adjoining properties.

 

6.         The proposal does not comply with the maximum permissible FSR of 0.9:1 stipulated in  Clause 32-Floor Space Ratio of Randwick Local Environmental Plan 1998 where the proposed FSR is 1.05:1.

 

7.         The proposal will have an adverse impact on the built form of the development and its relationship with streetscape.

 

8.         The proposal does not satisfy the objectives and performance requirements of the Development Control Plan Multi Unit Housing Part 4.4 Solar Access and Energy Efficiency whereby the proposal will have an adverse impact on the solar access enjoyed by adjoining properties.

 

9.         The proposal will result in overlooking to adjoining properties inconsistent with the objectives and performance requirements of the Development Control Plan Multi Unit Housing Part 4.2 Privacy.

 

ATTACHMENT/S:

 

A4 architectural plans.

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 


 

Director Planning & Community Development's Report 37/2004

 

 

SUBJECT:

33 Oberon Street, Randwick

 

 

DATE:

7 June, 2004

FILE NO:

183/2003

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

Please find attached a Development Application Report for a Section 96 modification of the approved DA for alterations and additions to an existing dwelling involving:-deletion of windows, alteration of kitchen roof materials to glass, alteration to condition 3 relating to the height of the side fence, deletion of condition 5 of consent relating to materials of front fence and erection of a pergola over the rear balcony.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

1 Development Application Report dated 3 June, 2004

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

3 June, 2004

FILE NO:

03/183

 

PROPOSAL:

 Section 96 Modification of approved DA for alterations and additions to an existing dwelling involving:- deletion of windows, alteration of kitchen roof materials to glass, alteration to condition 3 relating to the height of the side fence, deletion of condition 5 of consent relating to materials of front fence and erection of a pergola over the rear balcony.

PROPERTY:

 33 Oberon Street, Randwick

WARD:

 East Ward

APPLICANT:

 Benyamin Binyamin

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the original application was determined by Council.

 

The proposed application is for a section 96 amendment to an approved development application for alterations and additions to an existing single storey dwelling to form a two storey dwelling. The modifications involve deleting windows on the ground and first floors, increasing the height of part of the Lion Street boundary fence, adding a pergola over the first floor rear deck, altering the proposed front fence from a picket fence to a contemporary fence, changing the material of the Lion Street boundary fence from a rendered timber fence to a solid masonry fence, and to change the roofing material over the kitchen to glass.

 

The application was notified to surrounding neighbours and two objections were received. The submissions objected to removal of the requirement to have a picket fence which is consistent with the area, the proposed increase in height in part for the Lion Street fence as it would appear unsightly and uncharacteristic and that the proposed rear pergola would be like another second storey extension.

 

The assessment of the modifications in this report reveals that the proposed changes do not result in amenity impacts and modification of the consent is warranted.

 

The recommendation is for approval subject to amendment and deletion of conditions, which has been agreed to by the applicant.

 

2.    THE PROPOSAL

 

The proposed section 96 modification involves the following:

 

·    Deletion of  side windows on the ground and first floors to both the eastern and western elevations,

 

·    An amendment is proposed to condition 3. Condition 3 states the following: The proposed front fence to Lion Street is to be a maximum height of 1.2m between the proposed Lion Street pedestrian entrance to the proposed dwelling and Oberon Street. The applicant proposes to increase the fence height to 1.8m for 4.25m along Lion Street near the corner of Oberon Street.

 

·    A pergola is proposed over the balcony and ground floor patio. The pergola is proposed to be 4.2m long x 2.5m wide and 2.4m high.

 

·    Alteration of Condition 5. Condition 5 states the following:  The proposed front fence is to be a timber picket fence. It is proposed to have an aluminium metal front fence with a height of 1300mm to 1500mm (consistent with the height of the adjacent fence). The applicant submits that because the final development will appear contemporary, a picket fence would appear awkward.

 

·    Convert the proposed approved 1.8m high rendered timber fence to a masonry fence.

 

·    A glass roof is proposed over the rear kitchen to enable a clean line, modern appearance and increase light.

 

·    It was originally proposed to extend the balcony from 1.2m wide to 2.2m wide however the applicant has agreed to maintain the width of the balcony at 1.2m wide.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is a regular rectangular shaped allotment located on the northern side of Oberon Street at the eastern side of its intersection with Lion Street, Randwick. The site has a slight fall from north to south and contains a two storey freestanding residential dwelling which is under construction and that fronts Oberon Street. The dwelling is sited over the front half of the site and the rear portion contains an open yard. A small single garage fronts the site accessing Oberon Street. The site contains a long 1.2m high paling fence that runs along the length of Lion Street while the Oberon Street frontage contains a white picket fence.

 

A semi-detached pair of dwellings is located adjacent to the site to the east. These dwellings have vehicle access off Oberon Street accessing small carports to the side but also in front of the dwelling building alignment. Further to the east is a two-storey residential terrace dwelling and to the north is a two storey residential flat building that fronts Lion Street. Development in the area is residential and there is no particular character or form that is the dominant element. The area exhibits an array of dwellings including up to four storey residential flat buildings, rows of terraces, single storey federation houses and single storey terraces and semis.

 

View of subject site from Oberon St.

Adjacent buildings to the east on Oberon

Rear of subject premises looking east

Subject site from Lion Street building to the north (rear of site).

 

4.    SITE HISTORY

 

At the Health Building & Planning Committee meeting held 12 August 2003, Council resolved to approve a development application for alteration and additions to the existing dwelling house to form a two storey dwelling subject to 41 conditions of consent. There are no other previous development applications relating to the subject site of relevance.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP – Public Notification.  The following submissions were received:

 

5.1  Objections

 

Julie Weekes

65 Canberra Street,

Randwick, NSW 2031

 

·    Oberon Street Fence. The building currently has a low picket front fence and the approved application has a low picket fence. The two federation buildings next door also have picket fences and numerous fences immediately across Lion Street and the immediate area also have picket fences. The proposed fence will therefore be out of character. The existing picket fence should be maintained.

 

Comment: Condition 5 of the development consent required that the front fence was to be a picket fence. The performance requirements of the Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP) note that front fences are to be integrated with the surrounding streetscape and be compatible with the appearance of the building and any established local fence form and material. The established local fencing form in the immediate vicinity of the subject dwelling is wooden picket fences interspersed with wrought iron lace fences. The proposed fence is designed to integrate with the contemporary façade of the building. By not continuing the heritage picket fence theme on a contemporary building, the heritage significance of the adjacent building is preserved and the new development contains a fence that is compatible with the appearance of the proposed dwelling. The altered front fence is therefore considered reasonable.

 

·    Lion Street Fence.  Currently a paling fence is approved. Objection is made to a brick fence and an increase in height at the Oberon Street end. This will be out of character with picket fences across the road in Lion Street and will be unsightly. A picket fence would be aesthetically pleasing and would allow light and air into the property.

 

Comment: A 1.8m high cement rendered harditex panel fence has been approved by Council. Because the approved fence will be rendered, it will have a masonry appearance. The proposed fence will essentially have the same appearance as the approved one but it will be solid brick, therefore being slightly thicker than the approved fence. As such, no objection is made to the side fence being masonry. In approving a 1.8m high side fence, Council was mindful that the fence forms a side boundary fence providing privacy to the rear yard adjacent to it. This matter need not be revisited and it is considered that the fence height and material along the Lion Street side between the side entry door and the rear of the property is appropriate.

 

The proposed modification requests an increase in the height of the fence from 1.2m (as required by condition 3) to 1.8m for a 4.25m length of fence between the Lion Street entrance and Oberon Street. No reason is given for requiring this increase in height however it appears that this is necessary to provide additional privacy to the  studio (which as approved is open to view from pedestrians). The intent of the condition was to minimise the visual impact of the fence along Lion Street. It is considered that the proposed alteration improves privacy to the proposed dwelling whilst still reducing the visual impact of the wall at the return end to Oberon Street by maintaining a low wall height of between 1.2m and 600mm (which appears as a stepped wall which opens up towards Oberon Street). The alteration is therefore considered reasonable and condition 4 should be altered to facilitate the change.

 

Norbert and Karin Solondz

232 Burge Road

Woy Woy, NSW 2256

 

·    The brick fence to Lion Street should be limited in height to the height of fences on adjoining properties. This will ensure that the fence fits in with the streetscape and avoids blocking views (ie to the dwellings uphill on Lion Street). The Lion Street Fence should be as a gradient in steps.

 

Comment: Whilst the height of the fence is inconsistent with adjacent buildings, this is because the adjacent buildings on Lion Street front the street and do not require a high fence to afford privacy to their rear yards. It is considered that the fence height is reasonable and the circumstances are altogether different for adjacent dwellings.

 

·    The balcony should remain unroofed. We object to the proposed ‘pergola style’ amendment of the balcony since this would be like another second story extension.

 

Comment: The proposed rear pergola is a typical pergola structure containing beams that run over the top of the structure. No material is proposed to be placed on the beams and therefore the pergola is unroofed and open to the sky. The pergola contains two posts at the edge of the balcony and beams that run over the balcony. The pergola is considered to have minimal bulk and could not be compared with another storey as it is not an enclosed structure. The pergola provides uniformity in the rear design of the building whilst still eliminating any barrier to the passage of light and ventilation from the rear of the site and to adjacent sites. The proposed rear pergola is therefore acceptable.

 

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 proposed development was referred to Council’s Asset and Infrastructure Services Section who advised that they have no objection to the proposal subject to the retention of engineering conditions imposed on the original consent.

 

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

 

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

 

The modifications proposed are consistent with the DCP. As mentioned previously, the condition relating to the front fence should be deleted and adjustment to the condition relating to the side boundary is agreed to. With respect to the other modifications (i.e. deletion of side windows and erection of a glass roof over the proposed roof), the proposal will not result in any additional adverse impacts to the amenity of adjacent residents or result in any additional non-compliances with the DCP. The proposed rear first floor pergola is also considered reasonable.

 

8.    SECTION 96 AMENDMENT

 

8.1  Substantially the same

 

The proposed modifications are minor in nature and will result in a development that is substantially the same as that currently approved. The proposed amendments will not alter the approved FSR, Height, Landscaped areas, bulk, shape, parking or façade design. The proposed modifications may be considered under section 96.

 

8.2  Consideration of submissions

 

The submissions are considered in section 5.1 above.

 

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.

 

The matters relevant to this assessment under Section 79C have been considered in previous sections. It is considered that the alterations to the kitchen roof, the front fence materials and design, the removal of windows and the alteration to the height of the side wall for part of Lion Street are reasonable and do not result in any adverse impacts on the amenity of adjoining properties.

 

10.  CONCLUSION

 

The proposed development is considered reasonable and will not contribute to additional amenity impacts to adjacent dwellings. The alterations will improve the amenity to the proposed dwelling and result in a contemporary design which will not compete with the character of the buildings located nearby.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 03/00183 on property 33 Oberon Street, Randwick in the following manner:

 

·      Amend Condition No. 1 to read:

 

            The development must be implemented substantially in accordance with the plans number 3, job no.909, dated 20/5/2003 and received by Council on 29/5/2003, and plans numbered 1 and 2, job no.909B, dated 30/05/2004 and received by Council on 3 June 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 and, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application:

 

·      Amend Condition No. 3 to read:

 

The proposed fence to Lion Street is to be a maximum height of 1.2m between the proposed front building alignment and Oberon Street.

 

·      Delete condition No. 5.

ATTACHMENT/S:

 

A4 Plans.

 

 

 

 

………………………………

………………………………

 

LUKE JACKSON

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 


 

Director Planning & Community Development's Report 38/2004

 

 

SUBJECT:

9 French St Maroubra

 

 

DATE:

15 June, 2004

FILE NO:

159/2004

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

Attached is the Development Application Report for the demolition of the existing flat building, subdivision of the land into two allotments and construction of a freestanding dwelling house with basement garage on each of the new allotments.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

1. Development Application Report dated 3 June, 2004

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

3 June, 2004

FILE NO:

DA 0159/2004

 

PROPOSAL:

 Demolition of existing residential flat building, subdivision of the land into two allotments and construction of a freestanding dwelling house with basement garage on each of the new allotments

PROPERTY:

 9 French Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 Ercole Palazzetti P/L

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXCUTIVE SUMMARY

 

The application is referred to Committee as it is valued at over $2m.

 

The applicant is seeking approval to demolish the existing non-conforming building on the site, subdivide the site into two torrens title allotments and construct a new 1-2 storey dwelling on the easternmost allotment and a new 1-3 storey dwelling on the westernmost allotment. Under the existing use rights provisions of the Environmental Planning and Assessment Act, a site may be changed from a non-conforming use to a conforming use in the zone and in such instances, development standards and other provisions of the LEP are not applicable to the development.

 

Despite having the benefits of existing use rights, the proposal generally complies with the building envelope and amenity controls stipulated under the Randwick LEP and Dwelling Houses and Attached Dual Occupancies DCP and meets character and streetscape objectives for this part of Maroubra. The main issue for consideration is increased overshadowing to properties to the south.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to demolish the existing building on the site, subdivide the land into two separate torrens title allotments and construct a new detached dwelling house on each of the newly created lots.

 

Lot 1 to the north of the site (French Street) will be 474.45m2 in area and will have dimensions of approximately 13.5 x 34 metres. The dwelling on this allotment will be a two storey (three bedrooms plus study) house with semi-basement carparking for two cars with access off French Street.

 

Lot 2 to the south of the site (Little Street) will be 411.55m2 in area and will have dimensions of  approximately 13.5 x 30 metres. The dwelling proposed to this allotment is a 2-3 storey (3 bedroom) detached house with semi-basement parking for two cars.

 

The proposal includes hard and soft landscaping around both the dwellings.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site consists of a trapezoid-shaped allotment that has a street frontage to Little Street and also fronts French Street. The western boundary of the site addresses French Street and measures 14.175 metres. The eastern boundary of the site addresses Little Street and measures approximately 14 metres (including a splay corner to the southeastern end of the site). The northern and southern side boundaries of the site measure 63.15 and 63.68 metres, respectively. The site area is 886m2.

 

The site falls from west to east approximately 7 metres with a 4 metre change in level from the eastern boundary of the site to the footpath in Little Street.

Existing on the site is a 1-3 storey residential flat building containing 3 units. To the rear of the site is a single storey brick garage. On the rear boundary is a small set of stairs providing access from the site to the Little Street roadway.

 

Development in the locality is characterised by detached dwelling houses and older style residential flat buildings constructed in a variety of architectural styles. Across French Street to the west are 1-2 storey dwellings, many of which have a three storey scale as they are built above garaging. Across Little Street are 1-2 storey dwelling houses. Adjoining the site to the south is 11 French Street (a two storey dwelling house) and to the south east 6 Little Street (a two storey duplex). To the north is 7 French Street (a 1-2 storey dwelling house). The rear yards of 1 and 3 Nichol Avenue adjoin the northern boundary of the site towards its eastern end.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The application was lodged on 10 March 2004. In response to issues raised by Council’s Assets and Infrastructure Services Department, relating to the location of the driveway on the easternmost allotment and the manoeuvring areas in garages, amended plans were received on 25 May 2004. These plans are the subject of this assessment.

 

b.  HISTORY OF SITE USEAGE

 

Council’s records indicate the previous development consents over the property:-

 

BA 481/24

Erection of residential building

Completed 5/12/1924

BA 461/37

Alterations and additions to create two storey building containing two flats

Approved 14/9/1937

97/00196/D4

Land Subdivision into two lots

Withdrawn 30/04/97

 

97/00347/DE

Alterations and Additions to existing RFB and strata subdivision

Approved 02/09/97

 

The previous land subdivision application intended to create a new allotment to the rear of the site, capable of accommodating a separate freestanding dwelling while retaining the exiting residential flat building comprising three units to the west of this new allotment.

 

The alterations and additions above were approved under existing use rights provisions as the use of the site for a residential flat building predates Randwick LEP 98 and the current 2(a) zoning of the site.

 

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

 

The proposal has been assessed taking the benefit of existing use rights into consideration as the non-conforming use of the site has been established lawfully and continued until the present day.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been advertised in the local press and notified to surrounding property owners on 18 March 2004 in accordance with the DCP for Public Notification of Development Proposals. The following submissions were received:

 

5.1  Objections

 

1. G.R Wilson, 26 Rose Street, Ashfield (owner 2/6 Little Street, Maroubra)

 

·    Overshadowing to front of dwelling, should be single storey at street level.

 

Comment: A single storey structure to the Little Street frontage would be out of character with adjoining buildings (6 Little Street is two storeys built over ground level garages) and would be inconsistent with the scale of development envisaged under the DCP. Due to its orientation, the terrace at the front of 6 Little Street is already overshadowed to a large extent by existing development. The proposal increases solar access to the more private open space at the rear of 6 Little Street.

 

·    Garage is proposed adjacent driveway – will result in removal of two native trees

 

Comment: Council’s Director of AIS has granted approval for removal of the trees (see comments below).

 

·    Garage will dominate the street and cause traffic and parking impacts in this crowded little street garaging should be accessed from French Street as occurs currently.

 

Comment: The garaging has been moved to be more accessible and is consistent with development in Little Street, including 6 Little Street that has garaging to the street.

 

·    Development will dominate streetscape of Little Street and is not in character with other buildings in the street. Height should be reduced closer to the street to reduce dominance.

 

Comment: The dwelling on Lot 2 is 800mm lower than the building at 6 Little Street and the two storey form is consistent with existing development in Little Street

 

·    Open space at the Little Street side of the property should be retained.

 

Comment: The form of development proposed meets Council’s requirements for open space and as such no objection is raised to constructing a dwelling on the open yard to the eastern end of the site.

 

2. L & S Hill, 1 Little Street, Maroubra

 

·    Residential flat development will surround dwelling on four sides

 

Comment: The proposal is not a residential flat development but two detached dwelling houses on torrens title allotments.

 

·    Little Street is already at saturation point as far as parking is concerned

 

Comment: Existing development on the site does not comply with Council’s DCP Parking. The proposal provides 2 spaces to each dwelling and complies with Council’s requirements.

 

·    Shadowing will exclude all sunlight from dwelling from early afternoon onwards.

 

Comment: Some shadow will fall on the western elevation of this dwelling, the northern elevation of this dwelling will not be affected by the proposal.

 

·    Trees will be removed as a result of the new driveway and the driveway will remove opportunities for on-street parking in Little Street.

 

Comment: Council’s Director of AIS has granted approval for removal of the trees (see comments below). The site is located on the narrow section of Little Street (5 metres wide), which currently makes parking on the street where the garage is proposed difficult. The proposal complies with Council’s DCP – Parking and is not expected to generate significant traffic and parking impacts.

 

·    Overlooking from eastern patio

 

Comment: The ground floor east facing terrace to the front of the dwelling on Lot 2 is setback from the street boundary by a 3 metre wide planter box. This will provide screening between the subject site and the dwelling at 1 Little Street whose side boundary is opposite the site across Little Street. The planter and Little Street roadway will provide adequate separation (approximately 9 metres) between the properties.

 

3. H.Eriksson, 1/6 Little Street, Maroubra

 

·    Height and overall size of buildings is not compatible with existing buildings in Little Street and will compromise the visual and acoustic privacy of surrounding dwellings

 

Comment: The scale of the proposal is considered to be consistent with existing development in Little Street and more in keeping with the 2A zoning of the area. The proposal has been designed to minimise privacy impacts to adjoining dwellings by providing an east-west orientation (6 Little Street is to the south of the site and has only 3 windows in its northern elevation).

 

·    Overshadowing, particularly to garage above the terrace at this property.

Comment: Refer to discussion above and under section 9.5.

 

·    Driveway will result in traffic safety issues and will result in loss of two native trees

 

Comment: Council’s AIS Department has considered the proposal and is satisfied there will not be negative impacts on safety or vegetation.

 

·    Parking is undersupplied, particularly with new units being constructed at 3 Little Street

 

Comment: The parking proposed meets Council’s DCP controls.

 

4. L.Aiken, 3/11 French Street, Maroubra

 

·    Increased height and bulk on the site and proximity to boundary will result in overshadowing impacts.

 

Comment: The proposal generally complies with Council’s preferred solutions for overshadowing as discussed in section 9.5.

 

·    Overlooking and acoustic privacy concerns from balconies to the back and southern sides of the dwellings

 

Comment: A condition has been imposed to reduce balcony areas and increase setbacks and screen planting to the proposed terraces to dwelling 1 to reduce the potential for overlooking (see Condition 3).

 

·    Hours of construction should exclude weekends to maintain amenity to this dwelling.

·    Concern over structural damage to the property as a result of the basement carparking, request dilapidation report.

 

Comment: Standard Conditions have been imposed to address these issues (see Condition 28 and 39).

 

The amended plans received on 25 May 2004 were not re-notified as the amendments related to the layout of the basement and did not result in a significant reduction to the upper levels of the building.

 

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 Manager, Environmental Health and Building has provided the following comments on the application:

The Proposal

 

The proposal provides for the demolition of the existing dwelling and the erection of 2 single storey dwellings, with basement level car park.

 

BCA Building Classification

 

§   Class 1a      single dwelling

 

Background

 

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

 

Key Issues

 

Site Management:

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

 

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

 

Building Code of Australia (BCA):

 

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

 

Conclusion:

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

 

Conditions suggested by the Manager, Environmental Health and Building have been included in the recommendation section of this report (see Conditions 21-53).

 

6.2       Director, Assets and Infrastructure Services

 

The Director, Assets and Infrastructure Services has provided the following comments on the application:

 

An application has been received for the demolition of the existing residential flat building and garage, the construction of two dwellings with underground carparking and the subdivision of the site into two allotments.

 

Landscape Comments

There are numerous trees at this site and on adjoining properties that are covered by Council’s Tree Preservation Order that may be affected by the proposed works, including,

 

a.   One Cupressus macrocarpa ‘Brunniana’ (Golden Cypress, number 2 on landscape plan) of approximately 5 metres in the front yard of the adjoining property to the north, close to the common boundary. The tree appears in poor condition, and is sited well away from the proposed works and should therefore remain unaffected. As such, the applicant will be required to ensure the retention of this tree as is shown on the plans.

b.   One Citharexylum spinosum (Fiddlewood, number 3 on plan) of approximately 8 metres in height in the neighbouring property to the south, close to the common boundary. This tree appears in average condition and is covered by Council’s Tree Preservation Order. The canopy of this tree slightly overhangs the common boundary, so pruning to the common boundary may be necessary in order to accommodate the proposed works, but otherwise, this tree should remain largely unaffected and shall be retained and protected as part of this proposal as is shown on the plans.

c.   Immediately east, still in the rear yard of the adjoining property to the south, there is one Toona australis (Red Cedar, number 4 on plan) of approximately 8 metres in height, growing close to the common property boundary. This tree appears in average condition and is covered by Council’s Tree Preservation Order. The canopy of this tree slightly overhangs the common boundary, so pruning may be necessary in order to accommodate the proposed works, but otherwise, this tree should remain largely unaffected and shall be retained and protected as part of this proposal as is shown on the plans.

d.   Immediately east again, in the rear yard of the adjoining property to the south, there is one Allocasurina glauca (She Oak, number 5 on plan) of approximately 7 metres in height, growing close to the common property boundary. This tree appears in average condition and is covered by Council’s Tree Preservation Order. This tree should remain largely unaffected by the proposed works, and as such, shall be protected and retained as part of this application as is shown on the plans.

e.   Immediately east again, in the rear yard of the adjoining property to the south, there is one Cinnamomum camphor, (Camphor Laurel, number 6 on plan) of approximately 10 metres in height, growing close to the common property boundary. This tree appears in average condition and is covered by Council’s Tree Preservation Order. This tree should remain largely unaffected by the proposed works, and as such, shall be protected and retained as part of this application as is shown on the plans.

f.    Immediately east again, in the rear yard of the adjoining property to the south, there is one Allocasurina glauca, (She Oak, number 7 on plan) of approximately 8 metres in height, growing close to the common property boundary. This tree appears in average condition and is covered by Council’s Tree Preservation Order. This tree should remain largely unaffected by the proposed works, and as such, shall be protected and retained as part of this application as is shown on the plans.

g.   Immediately east again, in the rear yard of the adjoining property to the south, there is one large and significant Araucaria heterophylla, (Norfolk Island Pine, number 8 on plan) of approximately 18 metres in height, growing close to the common property boundary. This tree appears in excellent condition and is covered by Council’s Tree Preservation Order. The canopy of this tree overhangs the common boundary, so pruning may be required in order to accommodate the proposed construction. The applicant will be required to protect and retain this tree as part of this application, as is shown on the plans.

h.   At the rear of the site, against the southern property boundary, there are two (2) Howea belmoreana (Sentry Palms) of approximately 4 metres in height. They both appear in reasonable condition and are covered by Council’s Tree Preservation Order. The applicant has stated that these two palms are to be transplanted elsewhere within the site in order to maintain them as a sit feature. As such, an Arborists Report will need to be submitted to ensure their retention.

i.    In the front yard of the property to the south, near the common boundary, there is one Howea fosteriana (Kentia Palm) of approximately 4 metres in height. This tree appears in reasonable condition and is covered by Council’s Tree Preservation Order. This palm is sited away from proposed construction, and as such, should remain largely unaffected by the proposed works.

j.    On Council’s nature strip at the rear of the site (Little Street), there is one Eucalyptus ficifolia (Flowering Gum) of approximately 4 metres in height and one small Callistemon species (Bottlebrush) about 2 metres tall. Approval is granted for the removal of these two specimens to accommodate the proposed driveway as indicated on the plans. As they are only small specimens, which were likely planted by the resident, the applicant will not be charged for removal costs and loss of amenity. Replacement plantings on the nature strip will not be provided due to lack of sufficient room.

 

Drainage Comments

Onsite detention of stormwater is required on one of the proposed allotments for this application.

 

Traffic Comments

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

 

Should the application be approved the following conditions shall apply:

 

Conditions suggested by the Director, Assets and Infrastructure Services have been included in the recommendation section of this report (see Conditions 57-102). Driveway gradients have been assessed and comply with Council’s maximum of 16.7%.

 

7.    MASTER PLANNING REQUIREMENTS

 

There are no master planning requirements as the site has an area less than 4,000m2.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

-       Randwick Local Environmental Plan 1998 (RLEP98)

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

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

-       Building Code of Australia (BCA)

 

State Environmental Planning Policy 10- Retention of Low Cost Housing does not apply to residential flat buildings which have been approved for subdivision, nor the demolition of existing residential flat buildings. Therefore, the SEPP does not apply to the proposed development.

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Section 108 of the Environmental Planning and Assessment Act affords protection to uses operating under a lawful consent to continue even if a subsequent planning instrument prohibits that use. The protection extends to allowing the rebuilding, alteration or extension of a structure housing a non-conforming use (with Council’s consent). Section 108(3) also provides that any provisions in an instrument that would derogate (detract from) the “incorporated provisions” have no force or effect. This effectively means that provisions (objectives, controls or standards) of an environmental planning instrument that would restrict the change of an existing use to another do not apply. The proposal to remove the non-conforming use and replace with dwelling houses on torrens title lots that are permissible uses in the 2(a) zone. The smaller scale of the proposed development as compared with the existing building on the site and the re-subdivision of the land to match surrounding properties and the pattern prior to construction of the residential flat building is considered to meet the objectives of the 2(a) zone.

 

The site is zoned 2(a) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent, if the site is subdivided prior to the erection of the dwelling houses. Without subdivision being completed first, the development would be a detached dual occupancy and prohibited development in the 2(a) zone. A condition has been imposed in order to ensure that the development is completed as two detached dwellings on separate allotments as allowed in the 2(a) zone (see Condition 2), consistent with the intention of the current application.

 

The following Clauses of the LEP 1998 have been considered in the assessment of the proposal:-

 

 

 

 

Residential

Clause No.

Requirement

Provided

Compliance

30(1) - Min. Lot Size resulting from Subdivision

450m2

12m frontage

Lot 1 474.45m2

14.175m

Lot 2 411.55m2

14.9m

Yes

Yes

No

Yes

30(4) - Min. Lot Size for construction of new dwelling

450m2

12m frontage

Lot 1 474.45m2

14.175m

Lot 2 411.552

14.9m

Yes

Yes

No

Yes

 

Non-compliances with statutory standards cannot derogate (detract from) the protection afforded by existing use rights under s108(3) of the Act. An objection under SEPP No. 1 in support of variance from the minimum allotment standards was provided by the applicant, however is not required in this instance.

 

Clause 30 - Minimum Allotment Sizes

 

The proposed subdivision will result in two allotments, one of 474.45m2 (Lot 1) and one of 411.55m2 (Lot 2). The area of Lot 2 does not meet the requirement under clause 30(1) or 30(4) of the RLEP 98, relating to minimum lot sizes for subdivision and for construction of new dwellings, by 38.45m2. The frontage of each of these allotments will be approximately 15 metres and complies with the minimum requirements of Clause 30(1) and 30(4). Under existing use rights provisions, there is no requirement for compliance with Council’s statutory standards, however an assessment against the objectives of the standard may be made as a guide in the context of a merit assessment.

 

The objective of the minimum allotment size standard is to establish minimum requirements for the subdivision of land within the Residential 2A zone in order to protect and enhance local amenity.

 

The subdivision pattern in the vicinity of the site reflects the two street frontages of Little Street and French Street with all other sites in the area having separate lots fronting French Street and Little Street. The subject site was previously two allotments, consolidated with the construction of the existing residential flat building on the site. This is supported by the street numbering, with Council’s records showing the subject site as being alternatively addressed 2 Little Street. The proposed subdivision is consistent with the surrounding pattern and will not result in amenity impacts to surrounding properties.


The existing residential flat building on the site and on adjacent sites were constructed prior to gazettal of the LEP 1998 and 2A zoning of the site. Despite the minor breach of the LEP control for lot sizes, the development proposes a building form and subdivision pattern that is more consistent with the intentions of the zone than the existing residential flat building on the site.

 

The proposed subdivision will not result in amenity impacts, reduction of open space or excessive density in the local area. The subdivision of the site will reflect the predominant pattern in the area and will return the site to two allotments as existed prior to the non-conforming use on the site.

 

(b)    State Environmental Planning Policy 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.

 

8.1  Policy Controls

 

a)     Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

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

 

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

 

 

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

 

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

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

 

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

 

S2  Private open space

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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

 

 

 

 

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

 

Complies 4 Stars

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shadowing improved to private open space.

 

 

 

 

Complies

 

 

Complies

 

 

 

Complies, shading to the west.

 

 

 

Complies

 

 

 

 

 

Complies. 6 Little Street will maintain 3 hours 11-1pm midwinter and 9 French Street will maintain more than 3 hours per day to most north facing windows. Design has minimised impacts by providing more generous setbacks.

 

Solar access to private open space areas generally improved. See discussion below.

 

WATER MANAGEMENT

 

P2  Water consumption minimised inside dwelling .

 

 

 

 

P3  Water consumption minimised to landscaping.

 

 

 

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

 

S2 Triple A rated fixtures. Dual flush toilets installed.

 

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

 

 

 

Complies

 

 

 

Conditioned to comply (see Condition 18)

 

Conditioned to comply (see Condition 88)

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

 

 

 

P3  Local indigenous plant species used.

 

P5  Planting will not obscure or obstruct dwelling entities or personal safety.

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

 

 

S1 25m2 of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

S6 20% of the site area is permeable.

LOT 1

Does not comply 38%

 

 

Complies

 

 

 

Complies

LOT 2

Complies 55%

 

 

 

Complies

 

 

 

Complies

Complies

 

 

 

 

Conditioned to comply (see Condition 94)

 

Complies

 

 

 

 

 

Complies 38%-48% soft landscaping

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 

0.9-Site Area(m2)

             1500

>600m2            0.5:1

LOT 1

0.71:1

(Allowable 0.58:1)

LOT 2 0.68:1

(Allowable 0.6:1)

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

P6  Design allows view sharing.

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

 

 

 

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

 

 

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

LOT 1

Does not comply

7.4-10m

 

 

 

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

Complies

 

 

Complies

LOT 2

Does not comply

7.0-7.8m

 

 

 

 

 

 

 

1.3 metres on lot 2 to provide separation between the lots

Complies

 

 

Complies

 

 

Complies

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

Side Setbacks

 

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

 

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

 

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

 

 

Complies

6-8.2m

 

 

 

 

 

 

 

Complies

5.2-11.5m

 

 

 

 

 

 

 

Complies

North

1.5-3.0m

South

2.5-5.6m

 

 

 

 

 

Minor area of non-compliance (see discussion below)

 

 

Complies

5.8-6.9m

 

 

 

 

 

 

 

Complies

5.9-14.4m

 

 

 

 

 

 

 

Complies North

2.2-7.0m

South

1.5m

 

 

 

 

 

N/A

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

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

 

 

 

 

 

S1,2,3  Front doors visible from street.

 

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

 

Complies. Windows are generally oriented to street frontages.

 

 

 

 

 

 

Complies. Level separation to minimise overlooking between proposed dwellings.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies to French Street. Front gate and entry stairs to Lot 2 visible from Little Street

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·      enable the efficient use of car spaces.

·      safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

 

P3  Do not detract from the streetscape and are compatible with the dwelling.

 

 

 

 

 

S1  Car parking spaces have minimum dimensions of 5.5 metres x 2.5 metres.

 

·      Driveways have a minimum width of three metres and are set back at least one metre from the side boundary (max width 3m at boundary).

·      Driveway gradients have a maximum of 1 in 6. The gradient for the first 5m from street not more than 1 in 8.

 

·      Garages and carport to a rear lane are 1m setback.

S2  Carports and garages located behind the building where rear access available, or behind building line where front access available.

 

S3  Driveways, car parking facilities <35% of frontage.

 

 

 

 

Complies

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

Complies

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

Fences in front of the building line no higher than 1.8m with upper two thirds at least 50% open.

Conditioned to reuse sandstone wall on Little Street (see Condition 5).

 

1.2-2.1 metres Can be conditioned to comply.

 

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

 

The amended proposal complies with the number of spaces required, driveway location, width and gradient controls. 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 Conditions 55-63).

 

8.2       Council Policies

 

a)     Section 94 Contributions Plan, 1999

 

The existing building on the site comprises four units. The proposal will provide two dwellings. As there will be no increase in dwellings on the site there is no requirement to levy a section 94 contribution on the development.

 

b)     Rainwater Tanks Policy 2003

 

Rainwater Tanks have been shown on the plans for each allotment. A standard condition relating to the operation of these tanks have been applied (see Condition 20) to reinforce this provision.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1       Height

 

The dwelling on Lot 1 has an external wall height of 7.4-10 metres and does not comply with the preferred solution of 7 metres suggested by the Dwelling Houses and Attached Dual Occupancies DCP. Likewise, the dwelling on Lot 2 has an external wall height control of 7.0-7.8 metres and does not comply with the preferred solution for external wall height of 7 metres. The external wall height definition does not exclude parapet walls. The dwelling on Lot 2 complies with the external wall height control if the parapet walls and roofing are not included in the calculation and the minor non-compliance due to this decorative feature will not result in impacts on bulk and scale nor residential amenity.

 

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

The proposed development is consistent with the bulk and scale of surrounding properties and will not have an adverse impact on the existing streetscape. The increased height of development on the site will not result in significant overshadowing, view nor privacy impacts.

 

The dwelling on Lot 1 is approximately 1.2 metres higher than the ridge of the existing building to the front of the site and approximately 600mm lower than the ridge of the existing three storey building to the middle of the site. The area of the external walls of the dwelling on Lot 1 (exclusive of parapet) that falls outside the existing envelope on the site is 7.5m2 and does not result in significant impacts on surrounding properties. The external walls of the development to the front of the site (exclusive of the parapet) are 200mm higher than the preferred solution and do not result in increased bulk and scale when viewed from the street. Generous setbacks have been provided that minimise overshadowing and privacy impacts to adjoining properties and the reduced height of the proposal as compared with existing development on the site may assist in increasing view opportunities across the site.

 

The height of the proposal achieves the stated objectives of the height standard. The development is satisfactory with regard to height.

 

9.2       Density

 

The dwelling on Lot 1 has a floor space ratio (FSR) of 0.71:1 (338m2), which exceeds the preferred solution for a dwelling on an allotment of the size proposed, being 0.58:1 (275m2). The dwelling on Lot 2 has a floor space ratio (FSR) of 0.68:1 (282m2) and also exceeds the preferred solution for a dwelling on an allotment of the size proposed, being 0.6:1 (246m2).

 

The objective of the floor space ratio (FSR) control is to ensure that developments are not excessive in bulk or scale but are compatible with the existing character in the locality. The proposal will remove an existing non-conforming use from the site and provide two dwelling houses in its place. The dwelling houses have a character, bulk and scale that is compatible with the adjoining medium to large residences and remaining non-conforming residential flat buildings.

 

As per the definition of gross floor area in the DCP, the calculation of floor area includes the area for carparking over 40m2 that is located within the basement. If basement areas are removed from the calculations then the FSR of the dwelling on Lot 1 would have an FSR of 0.508:1 (241m2) and would comply with the preferred solution. Similarly, the above ground FSR of the dwelling on Lot 2 is 0.54:1 (223m2) and also meets the preferred solution of 0.6:1. The bulk and scale impacts of the non-compliance are therefore considered to be negligible due to the compliance of the portion of the buildings which are visible from the street complying with Council’s preferred solution.

 

The development minimises impacts to neighbouring properties despite the non-compliance of the proposal with the relevant preferred solutions for FSR. The high level of compliance the proposal achieves with Council’s statutory and non-statutory development controls indicates the proposal does not represent an overdevelopment and can be accommodated on the site without adverse impact.

 

The existing buildings on the site comprises 3 dwellings, 1 x 3 bedroom and 2 x 2 bedrooms. The building has 2 parking spaces and does not comply with Council’s current controls. Despite the non-compliance with the FSR control, the proposal will reduce the density on the site by a dwelling and will provide parking for the two new dwellings in a basement arrangement. The reduction in density and removal of a non-conforming residential flat building in favour of two detached dwellings is more consistent with the objectives of the 2(a) zone.

 

The building forms proposed approximates the length and bulk of adjoining properties to the north and south and will result in removal of a three storey building to the middle of the site. This will result in improvements in terms of solar access and outlook for adjoining properties. A reduction in the floor area of the building by 40m2 would probably be achieved by reducing the basement parking area. This would not result in a significant reduction in visual bulk and may require separate parking structures to be built on the site with increased visual bulk to the street.

 

Dwellings and non-conforming buildings on French and Little Streets, particularly directly opposite the subject site are large, 1-3 storey structures that have a bulk commensurate with the proposal. The rendered finish proposed to the development is also consistent with the contemporary dwellings in the area. The elevations of the buildings are well-articulated with balconies, projections and detailing of the cement rendering. The additional floor area of the proposal does not result in a significant increase in visual bulk due to the articulation provided to the building forms.

 

The proposed dwellings on the site are considered to represent a reasonable level of redevelopment, consistent with the objectives of the FSR control and the density envisaged in the 2A zone. The reasonableness of the proposal is illustrated by compliance with Council’s carparking, landscaping, setback and streetscape controls.

 

9.3       Desired Future Character

 

The site is located in area of mixed character. Dwellings have been constructed over a wide time period and range from single storey bungalows to very large two to three storey dwellings.

 

The contemporary design of the proposal has considered existing development in the area to minimise amenity impacts and will make a positive contribution to the mixed character of the area. The removal of a non-conforming residential flat building in favour of two detached dwellings is considered to be more consistent with the desired future character attributes of the 2A zone.

 

9.4       Site Analysis

 

A site analysis plan was provided with the application. The site has been considered in terms of existing development, topography and vegetation. The proposal represents a low density development that will maintain the residential character of the area and will not compromise the amenity of surrounding properties.

 

The proposed design addresses both French and Little Street frontages with the provision of balconies and windows to these frontages to engage residents with the street and provide passive surveillance. The garaging proposed to Little Street is consistent with the predominant pattern in the street. The proposal is satisfactory with regard to site planning.

 

9.5       Ecologically Sustainable Development

 

The proposal will increase shadow cast on the northern elevations of buildings to the south of the site (6 Little Street and 11 French Street). Despite the increase, elevational shadow diagrams have been provided which indicate that the two first floor north facing windows to 6 Little Street will retain sunlight over a portion of their surface between 11am and 1pm midwinter. Likewise, the first floor living room windows in the northern elevation of 11 French Street will maintain the minimum three hours of solar access to a portion of their surface. This meets Council’s preferred solution. The proposal will result in increased shadow to the eastern end of the ground floor of this property. These windows will be overshadowed for most of the day midwinter. The proposal has minimised the impact by providing more generous setbacks than the preferred solutions of the DCP. The impact is the result of the increase from 1 to 2 storeys to the front of the site. A two storey development which met the wall height control and minimum setbacks under Council’s preferred solution would have a more detrimental impact than the current scheme. Therefore despite non-compliance with the preferred solution for wall height, the proposal has minimised overshadowing impacts and generally meets Council’s minimum standards for solar access. The overshadowing impact has been generated by the orientation of lots in the area and is not the result of excessive building bulk.

 

The proposal will result in some additional shadow to the rear yard of 6 Little Street during midwinter mornings, however the removal of the existing three storey residential flat building to the middle of the site will result in approximately 100m2 of additional sunlight at midday midwinter to the rear yard of this building. Additional shadowing will occur to the east facing terrace to this property during midwinter mornings and midday. This area is half in shadow at midday due to existing development and is overshadowed by the building at 6 Little Street on midwinter afternoons. The terrace will still receive some solar access during midwinter mornings. The impact is considered to be the result of the orientation of the sites and the terrace and the lack of development existing on the eastern end of the site, rather than the size of building proposed. This impact is offset by the considerable gains in solar access to the rear yard of this property.

 

11 French Street will also benefit from increased solar access to the rear yard during midwinter mornings with additional shadow at 12 noon and no increase during midwinter afternoons. The proposal complies with Council’s preferred solution that a portion of private open space receives 3 hours of sunlight over part of its surface, midwinter.

 

The subject site is overshadowed by existing development in the vicinity of the site due to the orientation of the allotments. As a result, the dwellings and private open space areas will not achieve substantial solar access during the midwinter period, portions of the rear yards will get morning and midday sun and this is considered inevitable, given the orientation of sites in the area and existing development on adjoining sites.

 

The building encourages passive ventilation to both dwellings by providing operable windows to the front, rear and side elevations in accordance with ESD principles.

 

The applicant has submitted a NatHERS report of the dwellings in the proposed development, which shows that both dwellings achieve a minimum rating of 4.0 stars, which complies with Council’s preferred solution. The plans indicate a rainwater tank to both dwellings and this provision has been reinforced by condition of consent (see Condition 20).

 

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

 

9.6       Landscaping and Private Open Space

 

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

 

The development provides 412m2 (46%) of the total site area as landscaping and complies with Council’s requirement of 40%. This landscaped area has been distributed between the two new allotments so that 38% of Lot 1 is landscaped area and 55% of Lot 2 is landscaped. This division does not comply with Council’s preferred solution of 40%, leaving Lot 1 approximately 10m2 short. The lots have been subdivided to be as consistent as possible with the existing pattern in the area and make the best use of the topography of the site. Lot 1 could be made to comply by moving the boundary line between the lots by 1 metre, however this is not considered necessary as both dwellings have sufficient private open space area. The amount of landscaping as a proportion of the total site area meets the preferred solution and is considered acceptable.

 

The DCP requires that a minimum of 20% of the site area be treated with permeable (soft) landscaping. The proposal provides Lot 1 with 38% (180m2) and Lot 2 with 48% (198m2) of the allotments as soft landscaping and complies with this requirement.

 

Council’s Landscape Officer has reviewed the documentation and concluded that the landscaping is satisfactory, subject to conditions of consent (see Conditions 84-102).

 

9.7       Building Setbacks

 

The dwelling on Lot 1 is setback 6-8.2 metres from the front boundary and this is consistent with the established pattern and irregular front alignment in French Street. The dwelling on Lot 2 is setback 5.8-6.9 metres from the rear boundary of the existing site. To the north of the site are the rear yards of properties that front Nichol Avenue and therefore there is no established pattern in this part of Little Street. The proposed front setback of this dwelling is appropriate given that the adjoining building to the south is setback 5.5 metres and the street alignment is irregular in this part of Little Street.

 

The dwelling on Lot 1 is setback 5.2-11.5 metres from the proposed rear boundary of the new allotment. The dwelling on Lot 2 is setback 5.9-14.4 metres from the proposed rear boundary of Lot 2. Both of these setbacks comply with Council’s preferred solutions under the DCP and provide adequate separation between the new dwellings.

 

The dwelling on Lot 1 is setback 1.5-3.0 metres from the northern side boundary and complies with Council’s preferred solution for side setbacks. The dwelling is setback 2.5-5.6 metres from the southern side boundary and generally complies with Council’s preferred solution. Due to the sloping topography and the minimal excavation a 4 metre section of wall relating to the stairwell is 3 storeys tall and is only setback 2.5 metres. The impacts of this non-compliance are considered to be offset by the setbacks provided to the remainder of the building which are more generous than Council’s preferred solutions. The non-compliance with the setback provision at the upper level of the stairwell will not impact adjoining properties in terms of privacy or overshadowing and therefore may be supported.

 

The dwelling on Lot 2 is setback 2.2-7.0 metres from the northern boundary and 1.5 metres from the southern boundary of the site. These setbacks comply with Council’s preferred solutions of 900mm for ground floor levels and 1.5 metres for first floor levels.

 

The development is satisfactory with regard to the building setback requirements of Council’s Dwelling Houses and Attached Dual Occupancies DCP.

 

9.8       Privacy

 

The new dwellings proposed on the site are separated by a minimum distance of 13 metres and as such, the proposed subdivision and new houses will not result in poor privacy to the dwellings. Windows in the northern and southern elevations of the dwelling on Lot 1 are limited to non-habitable rooms such as bathrooms and stairways. A ground floor kitchen window is setback 3.0 metres from the northern boundary and a planter box has been incorporated into the design to minimise overlooking of the front yard of the adjoining property to the north.

 

The dwelling on Lot 2 has been designed with an east-west orientation and this has minimised overlooking of adjoining properties to the north and south. This has prevented significant overlooking of the rear yards of properties fronting Nichol Street where rear boundaries adjoin the northern boundary of the site. An internal north facing courtyard at ground floor level improves solar access and amenity of the living areas of the dwelling while providing a setback of over 7 metres from the northern boundary. The ground levels of the site have also been manipulated so that this courtyard is lower than the level of Lot 1 and the adjoining sites to the north.

 

Due to the slope of the land in the area, the ground floor terrace of the dwelling on Lot 1 is elevated approximately one storey above ground level at the rear of the property. This elevation and the alignment of the balcony with the open space of the adjoining properties to the south may result in privacy impacts, as a result a condition of consent to reduce the area of the ground and first floor terraces has been imposed. The condition will separate the terrace areas, which are currently consolidated and increase the separation distance between the terraces and southern side boundary to approximately 9 metres (see Condition 3).

 

The ground floor terrace to the front of the dwelling on Lot 2 is setback from the street boundary by a 3 metre wide planter box. This will provide screening between the subject site and the dwelling at 1 Little Street whose side boundary is opposite the site across Little Street. The planter and Little Street roadway will provide adequate separation (approximately 9 metres) between the properties.

 

The development has incorporated features to mitigate privacy impacts and subject to compliance with proposed conditions of consent, meets Council’s performance requirements and preferred solutions.

 

9.9       View Sharing

 

The building will not have a significant impact on the availability of views from surrounding properties. The proposal will remove the existing large addition to the rear of the site and provide greater view aspect from the upper storey of buildings on the western side of French Street. The demolition of this building will also improve the potential for view aspect from properties to the south of the site looking across the subject site to the northeast, currently obscured by the existing development on the site.

 

The development will not reduce existing view opportunities and is satisfactory with regard to view and outlook sharing.

 

9.10     Safety and Security

 

The development meets the requirements of Council’s DCP with regard to safety and security. Dwelling entries are articulated by porches and the entries are visible from the street. Both dwellings have outlook to French and Little Streets from ground level living areas and terraces. Fencing to both street frontages meet Council’s requirements and allow for surveillance of the street.

 

The development meets the safety and security requirements of Council’s Dwelling Houses and Attached Dual Occupancies DCP.

 

9.11     Parking

 

The development meets Council’s requirements with regard to resident car parking, providing two spaces to each dwelling. The driveway width and gradient proposed from French Street and Little Street meets Council’s requirements. The garages have been setback with splayed corners from the Little Street boundary and over 16 metres from the kerb at French Street and complies with Council’s requirements for visibility and pedestrian safety.

 

The development is satisfactory with regard to parking provision, subject to conditions of consent imposed by Council’s Assets and Infrastructure Services Department (see Conditions 55-63).

 

9.12     Fences

 

Fencing is proposed to French Street that ranges from 1.2-2.1 metres in height and 2.5 metres towards the southern end of the site. Although the fence is 50% open it exceeds the preferred solution for height of front fencing by 300-800mm. The non-compliance is the result of the sloping street frontage and the desire not to terrace the fencing in response to the topography. This is inappropriate in this instance as the majority of surrounding properties have low fencing. Condition 3 requires that the southern support for the driveway gate be reduced to a maximum of 1.8 metres in height to meet Council’s preferred solution. This will also require minor changes to the height of the pillar adjoining the pedestrian entry to the dwelling.

 

On the Little Street frontage the site is currently fenced by a sandstone retaining wall approximately 4 metres in height. The proposal will have similar fencing being 2.3-4.0 metres in height. The drawings indicate a masonry treatment to the fencing but do not show reuse of the existing sandstone blocks. This has been included as a condition of consent (see Condition 5).

 

A timber dividing fence between the rear yards of each dwelling to a height of 1.8 metres will maintain privacy between the dwellings. Likewise, fencing to a maximum height of 1.8 metres is proposed to all boundaries of the site and the fencing is stepped to reflect the sloped topography.

 

The development, subject to compliance with conditions of consent, is satisfactory with regard to the objectives for fencing under section 4.8 of the Dwelling Houses and Attached Dual Occupancies DCP.

 

10.  CONCLUSION

 

It is considered that the proposed buildings are appropriate on the site given the desired future character of the area, the objectives contained within the RLEP98 and the Dwelling Houses and Attached Dual Occupancies DCP. The development proposes a building envelope, height and façade treatment that generally meet the criteria and fulfil these objectives. The development will remove a non-conforming use on the site in favour of a conforming use that achieves the objectives and desired character of development in the 2(a) zone.

 

The proposal will not have a significant impact on surrounding properties and the height, floor space and land sizes proposed will not exacerbate impacts. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 159/2004 for Demolition of existing residential flat building, subdivision of the land into two allotments and construction of a freestanding dwelling house with basement garage on each of the new allotments at 9 French Street, Maroubra subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered Job Number 0278 and drawing numbers 01A-04A drawn by Ercole Palazzetti PtyLtd, dated November 2003 and stamped received by Council on 25 May 2004, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The subdivision of the subject property into two allotments shall be registered with the Land Titles Office prior to the issue of a Construction Certificate for the construction of the dwellings. This condition is imposed to ensure the proposal maintains permissibility in the 2(a) zone.

 

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

 

3.       The terrace to the study on the ground floor of house 1 is to be a maximum of 2 metres in length. Likewise, the terrace to the living area of this house is to be a maximum of 6.22 metres wide. The area between the two terraces is to be made non-trafficable or be made into a planter box of sufficient depth to maintain screen planting to a minimum height of 1.2 metres from finished floor level. The area of the first floor balcony outside the dressing room (approximately 2 metres by 2 metres in area) is to be made non-trafficable or replaced with a planter box of sufficient depth to maintain screen planting to a minimum height of 1.2 metres from finished floor level. This condition is imposed to prevent visual privacy impacts on the adjoining properties to the south.

 

4.       The fence on the French Street alignment is to be a maximum height of 1.8m and be designed so that the upper two thirds of the fence is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

5.       The existing sandstone wall on the Little Street frontage is to be re-used on the Little Street boundary of the site to maintain the existing character of the street and to minimise the refuse generated by construction.

 

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

 

7.       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.

 

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

 

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

 

In this regard, prior to occupation of the buildings, an application must be submitted to and approved by Council’s Director Planning & Community Development, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

10.     The garages shall not be let, adapted or used for separate occupation or commercial purposes

 

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

 

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

 

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 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.

 

15.     Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the Director of Planning & Community Development, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued.

 

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

 

Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.

 

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

 

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

 

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

 

17.     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.

 

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

 

Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

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

 

20.     A rainwater tank, of sufficient size to provide water for irrigation of landscaped areas, toilet flushing, clothes washing (cold water tap only) within the development, is to be provided to the development in accordance with Council’s Rainwater Tank Policy

 

The tank is to be located a minimum of 500mm from the side boundaries and is to have a maximum height of 2.4 metres.  The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate plans, to the satisfaction of the Certifying Authority.

 

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

 

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

 

21.     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.

 

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

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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.

 

27.     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:

 

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

 

§  All of the premises adjoining the subject site

 

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

 

29.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises and the report is to detail any possible damage which may occur to adjoining or nearby premises that may be caused by the proposed building, excavation and shoring works.

 

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

 

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

 

30.     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.

 

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

 

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

 

32.     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.

 

33.     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.

 

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

 

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

 

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

 

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

 

35.     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.

 

36.     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.

 

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

 

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

 

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

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     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”.

 

46.     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.

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·        Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

50.     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

 

51.     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.

 

52.     The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $5 million and a copy of the Insurance cover is to be provided to Council prior to commencement of works.

 

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

 

53.     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.

 

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

 

54.     The following security deposits requirements are 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

b)         $2000.00         -           Vehicular crossing deposit.

 

The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon a satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge . The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

 

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

 

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

 

The French Street Frontage:

 

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

 

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

 

c)       Re-construct a kerb and gutter and associated road reconstruction works for the full site frontage except opposite the vehicular entrance and exit points.

 

d)       Construct a 1.3m wide concrete footpath along the full site frontage. The footpath shall be located behind the kerb. Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

The Little Street Frontage

 

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

 

56.     The Occupation Certificate is not to be issued for either of the proposed dwellings until all the required civil works have been completed and all public roads and reserves must be satisfactorily restored.

 

57.     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.

 

58.     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.

 

59.     Along the Little Street frontage where it is proposed to have retaining walls along the boundary. All 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 following conditions are applied to provide adequate provisions for future civil works in the road reserve:

 

60.     The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

For the French Street Frontage:

750 mm below the top of the kerb.

 

For the Little Street Frontage:

Match the top of the kerb.

 

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

 

61.     The design alignment levels issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

62.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $770.00 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

63.     The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access. This condition has been attached to accommodate future footpath construction at this location.

 

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

 

64.     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.

 

65.     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.

 

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

 

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

 

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

 

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

 

67.     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 (i.e. above the 1 in 20 year storm) to the proposed drainage system.

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

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

 

68.     On-site detention (OSD) must be provided on each of the proposed allotments if the site is not subdivided prior to the commencement of works on the site. On-site detention must be provided on one allotment if the site is subdivided prior to the commencement of works on the site. The Assets, Infract structure and Services Department requires the subdivision to be approved by Council and registered with the Land and Property Information division, Department of Lands, for the site to be subdivided.

 

This is to ensure that the maximum discharge from the OSD burdened allotment/s, must 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.

 

69.     All site stormwater leaving the Little Street frontage allotment must be discharged by gravity to the kerb and gutter or drainage system at the front of the property.

 

70.     All site stormwater from the French Street frontage allotment must be discharged by gravity via a private drainage easement through the Little Street frontage allotment to the kerb and gutter or drainage system. This condition is required to provide a satisfactory overland flow route should a storm in excess of the above parameters occur. The overland flow path through the private drainage easement shall be designed to contain the overland flow wholly within the private drainage easement.

 

71.     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.

 

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

 

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

 

74.     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).

 

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

 

76.     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.

 

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

 

a)         location

b)         pipe diameter

c)         gradient

d)         pipe material i.e. PVC or EW etc

e)         orifice size (if applicable)

 

78.     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 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.

 

79.     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.

 

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

 

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

 

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

 

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

 

82.     The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

83.     Prior to release of the Plan of Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots.  The certificate is obtained from Sydney Water.

 

84.     The applicant shall provide Council with a survey plan of the property prior to receiving subdivision approval.

 

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

 

85.     Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the Director of Planning & Community Development, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued.

86.     The landscape plan shall be at an appropriate scale and shall show 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.

 

87.     The plan shall also include additional notation such as 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.

 

88.     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.

 

89.     In order to provided reasonable levels of screening and privacy between this site and adjacent properties, the landscaping plan shall give due consideration to perimeter planting around the site that is capable of attaining a minimum height at maturity of 3 metres.

 

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

 

91.     The landscape plan shall show a minimum number of 4 x 25 litre broad canopied trees (not palms) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

92.     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.

 

93.     If trees are to be used in planter boxes or over slab as indicated, the applicant will be required to reasonably demonstrate (by the use of supporting documentation) that the proposed soil depth, soil width and tree species proposed are appropriate and sustainable. Details are to be provided for the construction certificate application.

 

94.     The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

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

 

96.     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.

 

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

 

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

 

98.     The applicant shall submit a total payment of $159.50 to Council,

 

a.         Being the cost for Council to supply and install 1 x 45 litre street tree (Banksia integrifolia, Coastal Banksia) to the north of the proposed driveway on French Street at the completion of all works ($145.00 + GST)

 

The contribution shall be paid into Fee Code 525 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

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

 

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

 

100.   Permission is granted for the selective pruning of overhanging branches from the following trees located on the adjoining property to the south.

a.         One Citharexylum spinosum (Fiddlewood, number 3 on plan)

b.         One Toona australis (Red Cedar, number 4 on plan)

c.         One Allocasurina glauca (She Oak, number 5 on plan)

d.         One Cinnamomum camphor, (Camphor Laurel, number 6 on plan)

e.         One Allocasurina glauca, (She Oak, number 7 on plan)

f.          One Araucaria heterophylla, (Norfolk Island Pine, number 8 on plan)

g.         One Eucalyptus ficifolia (Flowering Gum) on Council’s Little Street nature strip

This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary. However, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

101.   The applicant shall pay for all costs associated with the transplanting of the two (2) Howea belmoreana (Sentry Palms) to a suitable location within the site. The following additional information shall be submitted prior to the issuing of the Construction Certificate.

 

a.         A detailed report shall be submitted by a qualified Arborist detailing the proposed method and scheduling of the transplanting works.

 

b.         A maintenance schedule detailing the aftercare that is to be undertaken once the tree is relocated.

 

c.         A refundable deposit in the form of cash or cheque of $1,460.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the successful transplanting and preservation of the two palms in accordance with the requirements described in the Arborists Report.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

2

 

Howea belmoreana (Sentry Palms)

 

$1,460.00

 

 

 

TOTAL

 

$1,460.00

 

 

The refundable deposit is placed to ensure that the measures described are undertaken throughout the demolition and construction period. The refundable deposit will be released twelve (12) months from the time of issue of a final occupation certificate by the certifying authority providing all measures have been undertaken throughout the demolition and construction period and the palms have been retained in good health.

 

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

 

102.   In order to ensure the retention of the Citharexylum spinosum (Fiddlewood, number 3 on plan), the Toona australis (Red Cedar, number 4 on plan), the Allocasurina glauca (She Oak, number 5 on plan), the Cinnamomum camphor, (Camphor Laurel, number 6 on plan), the Allocasurina glauca, (She Oak, number 7 on plan) and the Araucaria heterophylla, (Norfolk Island Pine, number 8 on plan) located in the adjoining property to the south, close to the common boundary in good health, the following measures are to be undertaken:

 

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

 

b.         To avoid damage to the trees during demolition and construction, the trees are to be physically protected by the fixing of protective wrapping around the trunks of the trees using hessian, carpet or similar. This protective wrapping shall be located a minimum height of 2 metres from the base of the tree trunks.

 

This wrapping shall be fixed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

c.         There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area and no stockpiling of soil or rubble within the driplines of these trees.

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

d.         Any excavations required for footings, structures, retaining walls, basement carparks, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 2 metres of the tree trunks shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

e.         The erection of signage on the wrapping with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

f.          A refundable deposit in the form of cash or cheque of $2,480.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the trees on the adjoining property in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

1

 

Citharexylum spinosum (Fiddlewood)

 

$200.00

 

1

 

Toona australis (Red Cedar)

 

$200.00

 

1

 

Allocasurina glauca (She Oak

 

$200.00

 

 

1

 

Cinnamomum camphor, (Camphor Laurel

 

$200.00

 

1

 

Allocasurina glauca, (She Oak

 

$200.00

 

1

 

 

Araucaria heterophylla, (Norfolk Island Pine)

 

$1,480.00

 

 

 

TOTAL

 

$2,480.00

 

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