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

 

1st June, 2004

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY 8TH JUNE, 2004 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 11TH MAY, 2004.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                      

DEVELOPMENT APPLICATION REPORT - 211-213 OBERON STREET, COOGEE.

2

 

5.2                      

DEVELOPMENT APPLICATION REPORT - 2/12 BLENHEIM STREET, RANDWICK.

75

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 238 BEAUCHAMP ROAD, MATRAVILLE.

81

 

5.4                      

DEVELOPMENT APPLICATION REPORT - 172 BEACH STREET, COOGEE.

94

 

 

6           Miscellaneous

 

6.1                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 32/2004 - SUBDIVISION CODE - REQUEST TO ALTER THE LANEWAY DELINEATION REQUIREMENTS FOR 79 HANNAN STREET, MAROUBRA JUNCTION.

104

 

6.2                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 33/2004 - DRAFT STATE ENVIRONMENTAL PLANNING POLICY (APPLICATION OF DEVELOPMENT STANDARDS) 2004.

108

 

6.3                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 34/2004 - PUBLIC EXHIBITION OF BASIX – A RANDWICK COUNCIL SUBMISSION TO DIPNR.

113

 

6.4                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 35/2004 - DRAFT FOOTPATH DINING & TRADING DCP.

128

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

 

…………………………

GENERAL MANAGER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

27 May, 2004

FILE NO:

D/0801/2003

 

PROPOSAL:

 Demolition of existing dwellings and the construction of a multi-unit housing development containing nine (9) dwellings. car parking for 17 vehicles and a new front fence.

PROPERTY:

 211-213 Oberon Street, COOGEE.

WARD:

 East Ward

APPLICANT:

 Gowings Properties (Developments No. 1) Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The application proposes the demolition of the two existing dwelling houses on the site and the construction of a multi-unit housing development containing nine (9) apartments and parking for 17 cars.

 

The site has a steep slope, with a fall of approximately 6m away from Oberon Street to its rear (northern) boundary.  The proposed building has a three storey appearance to Oberon Street, however, in order to achieve an acceptable driveway gradient due to the slope of the site, the car park level (Level 2) is in an elevated position with respect to the ground level at the rear of the building.  The proposed building adopts a stepped form to the rear and generally conforms to the overall height limit set by the Randwick Local Environmental Plan, 1998 (LEP) and the setback requirements of the Development Control Plan – Multi-Unit Housing (DCP).

 

The application seeks to utilise the area under the car park level as habitable space for two apartments in an area which would otherwise be void space.  The addition of this area as floor space increases the floor space ratio above the maximum permissible for the site under the requirements of the LEP.  The area of additional floor space, located at ground level at the rear of the site, does not result in any issues of privacy, shadows or view sharing nor does it add to the form, scale or size of the proposal when viewed from the street.  As such it is considered that the applicant’s submission under State Environmental Planning Policy No. 1 should be supported.

 

The application was referred to the Design Review Panel on two occasions, at which, the main areas of concern related to the front façade treatment of the proposed new building, the quality of the living space provided in the area under the car park level and the level of consistency in the drawings submitted.  It is considered that the majority of the Panel’s issues have now been satisfactorily addressed by the amended proposal.

 

The main issues raised in the objections to the amended proposal relate to loss of views from the eastern side of the residential flat building on the adjoining property to the west (207 Oberon Street) and the re-location of the driveway to the eastern side of the site and its proximity to the residential flat building to the rear of the site (26 Alexander Street).  It is considered that the impacts from the driveway location are satisfactorily addressed by the landscaping proposal for the site and conditions of consent addressing noise and vibration emissions from the carpark.  With regard to view loss from 207 Oberon Street, it is considered that the objections cannot be sustained as the views are gained over the side boundary of the site and the proposal is generally within the development potential allowed for by the height and setback controls.

 

The recommendation is for approval subject to conditions.

2.    THE PROPOSAL

 

The application proposes the demolition of the existing two dwelling houses on the site and the construction of a multi-unit housing development comprising of nine (9) dwellings, being a mix of five (5) x 2 bedroom apartments and four (4) x 3 bedroom apartments.  The proposal includes the following:-

 

·    A basement level (Level 1) consisting of two (2) x 2 bedroom apartments.

·    An elevated carparking level (Level 2) with parking for 17 cars, including two ( 2) visitor spaces and one (1) car space for a person with a disability.  An access ramp is proposed on the eastern side of the building.

·    Three (3) x 2 bedroom apartments at the Oberon Street level of the building (Level 3).

·    Two (2) residential levels (Levels 4 and 5) above the Oberon Street level of the building. Level 4 is proposed to contain two (2) x 3 bedroom apartments and the third additional bedroom for the two apartments located on Level 5 of the building.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Oberon Street, Coogee and is identified as comprising Lot 1 in DP 936610 and Lot 1 in DP 957906.  The site is located between Brook Street and Alexander Street, one allotment west of the intersection of Alexander Street with Oberon Street.  The site is regular in shape, having a total site area of 944.3m2.  The site has a fairly steep fall (approximately 6m) from the Oberon Street frontage (southern boundary) to the rear (northern boundary). Along the rear of the site is a significant amount of mature vegetation, particularly to the rear of 211 Oberon Street, where two large Eucalyptus trees and a Melaleuca tree are located.  At the rear of 213 Oberon Street are a stand of shrubs (Lilly Pillys) of a lesser height.

 

Existing on the site at 211 Oberon Street is a two to three storey dwelling house, with the uppermost storey contained within a steeply pitched roof with dormer windows.  A double garage is built to the street boundary (refer Figure 1).  Located at 213 Oberon Street is a one storey dwelling house, with a level at its rear (refer Figure 2)

 

 

Figure 1 – 211 Oberon Street

 

 

Figure 2 – 213 Oberon Street

 

Located on the adjoining site to the east, at the north-west corner of Oberon and Alexander Streets (215 Oberon Street) is a two storey brick/stone and tile dwelling house, presenting as single storey to Oberon Street (its relationship with the subject site can be seen in Figure 3).

 

 

Figure 3 – 215 Oberon Street adjoining the subject site to the east

 

Located on the adjoining the site to the west is a four to five storey brick and tile residential flat building, circa 1970, (207-209 Oberon Street), with parking at grade to the street (see Figure 4).

 

 

Figure 4 – 207-209 Oberon Street adjoining the subject site to the west

 

Located to the rear of the site (north) is an older style three storey residential flat building that fronts Alexander Street (26 Alexander Street – refer Figure 5).  The opposite side of Oberon Street, to the south of the subject site, consists of an eclectic range of dwelling houses and two to four storey residential flat buildings.

 

           

Figure 5 – Southern elevation of 26 Alexander Street

from subject site

 

4.    SITE HISTORY

 

An application for a residential flat building containing 6 units at 211 Oberon Street was refused by Council on 18 May, 1971.

 

A pre-lodgement application for the demolition of the existing two residences at 211 and 213 Oberon Street and the construction of a multi-unit housing development containing eight (8) dwellings and associated car parking was held with Council Officers on 30 September, 2002 and the applicant (Ergo Architects) notified of issues and documentation requirements by letter dated 15 October, 2002.  Issues arising from the meeting included the proposal exceeding floor space ratio and height standards contained in the Randwick Local Environmental Plan, 1998; balustrade detailing for privacy; inadequate storage proposed and alterations required to break up the horizontal grid of the street façade of the building.

 

4.1       APPLICATION HISTORY

 

The subject application was lodged on 5 September, 2003 and was advertised and notified until the 8 October, 2003.

 

As part of the Statement of Environmental Effects accompanying the development application, submissions pursuant to State Environmental Planning Policy No. 1 were provided in respect to statutory development standards contained in the Randwick Local Environmental Plan 1998 (LEP) for floor space ratios (Clause 32) and building heights (Clause 33).

 

As a result of the notification and advertising of the application, a number of objections were received, particularly relating to the height and setbacks of the development and the consequent impact on views and privacy from the adjoining residential flat building to the west of the site (207 Oberon Street).

 

A preliminary assessment of the application was undertaken and the application was referred to the Design Review Panel at its meeting of 3 November, 2003.  At this meeting the Panel raised issues regarding anomalies in the drawings and issues regarding the streetscape appearance of the building, the density proposed, amenity for future residents and neighbouring properties.  Amended plans were requested to address their issues.

 

A meeting with the applicant, the architect and Council Officers took place prior to the submission of amended plans for the Design Review Panel on the 27 January, 2004.  The amended proposal was further considered by the Panel at its meeting of 2 February, 2004.  The Panel noted that there were still discrepancies in the drawings submitted, however advised that subject to the applicant satisfactorily addressing the design issues raised, there was no need for the Panel to see the application again.

 

Prior to the submission of further amended plans, the applicant and their architects attended a number of meetings with Council Officers and also with neighbouring residents to note their concerns with the proposal.  Subsequently, further amended plans and additional documentation were received by Council on 30 March, 2004.  These amended plans were re-notified and re-advertised until the 28 April. 2004, as a result of which a number of objections were received by Council.  The Design Review Panel were shown a copy of the revised elevations but raised no further issues in regard to the design.

 

5.    COMMUNITY CONSULTATION:

 

5.1       Original proposal

 

The proposal was originally notified and advertised in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans, until 8 October, 2003.  As a result, nine (9) submissions were received from the following:- J and E Raftos of 218 Oberon Street, Coogee; A Osborne of 5/26 Alexander Street, Coogee; A and C Mehta of 3/102 Bay Road, Waverton (owners of 3/207 Oberon Street); M Baldwin and J Dixon of 7/207 Oberon Street; Owner’s Corporation of Strata Plan 12506, 26 Alexander Street, Coogee (Attention: John Backes, Honorary Secretary);  D Potts of 45 Moverly Road, Kingsford (owner of Unit 6, 207-209 Oberon Street, Coogee); M T, S M and T J Wood of 215 Oberon Street, Coogee; M and F Fitzgerald of 222 Oberon Street, Coogee; G B Robbins of 1/207 Oberon Street, Coogee.

 

Concerns raised included the following:-

·    Insufficient on-site parking

·    Proposed height in relation to the adjoining residential flat building

·    Streetscape appearance, particularly the proposed metal façade and roof form, is out of character with the neighbourhood.

·    Retention of as many existing trees on site as possible as a condition of approval for the amenity of 26 Alexander Street and future residents of the development.

·    Overdevelopment of site as evidenced by non-complying floor space ratio and height of the proposal and general overdevelopment in the area.

·    Inaccurate representation of balconies of 207 Oberon Street adjoining the3 site.

·    Loss of privacy to 207 and 215 Oberon Street from proximity of building and balconies.

·    Loss of solar access to kitchens and laundries on the east side of 207 Oberon Street.

·    Loss of solar access to driveway, kitchen and lower lounge room on western side of 215 Oberon Street

·    Loss of outlook and views from kitchens and balconies of 207 Oberon Street.

·    Increased noise from air-conditioning plant, fans and garage doors and also construction noise.

·    Potential damage from excavation and construction.

·    Glare from proposed metal privacy screens to windows

·    Problems with stormwater drainage.

·    Disruption in traffic in Oberon Street during construction

 

5.2       Amended proposal

 

The amended proposal was notified and advertised in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans until 28 April, 2004.  As a result, six (6) submissions were received from the following:-G Bishop and J Moore of 7/26 Alexander Street, Coogee; John Backes (Secretary of Strata Plan 12503);  J Keyte of 5/26 Alexander Street, Coogee;  J and A Dormand of 3/26 Alexander Street, Coogee;  A and C Mehta of 3/207 Oberon Street, Coogee;  Paul Mifsud of 2/207 Oberon Street, Coogee; D Potts of 45 Moverly Road, Kingsford (owner of Unit 6, 207-209 Oberon Street, Coogee).

 

Relocated driveway

·    The relocation of the driveway to the eastern side of the site will impact on Units 3 and 7 at 26 Alexander Street because all of the main living areas and bedrooms of these units face south towards the proposed driveway.  As such the noise, pollution and car lights will directly affect the quality of life of the residents.

·    The main entrance of 26 Alexander Street faces the driveway where all cars will be entering and exiting and as such all residents of 26 Alexander Street will be affected by the driveway location. 

·    The original location of the driveway, on the western side of the site, is preferable as the resulting noise and air pollution would be absorbed by the buffer zone provided by the landscaped backyard of 26 Alexander Street.

·    The retractable gate at the entrance/exit at the carpark entrance will generate further noise affecting Units 3 and 7 at 26 Alexander Street.

 

Comment

These issues are addressed in Section 8.31 of the report. A planter is proposed at the northern end of the driveway ramp to prevent light spill.  As well, substantial existing landscape screening is proposed to be retained at the rear of the site, which will ameliorate the impact of the driveway on residents at 26 Alexander Street.  Noise mitigation measures to the carpark are the subject of conditions of consent.

 

Fence

·    The car park level will be visually obtrusive to 3/26 Alexander Street, however a solid fence would block the light to Unit 3.  Currently there is a mesh boundary fence with trees planted behind it and a similar type of fence should be maintained.

 

Comment

The carpark level is screened by metal louvres and substantial mature plantings proposed to be retained and supplemented at the rear of the site – refer Section 8.21 of the report.  The applicant has verbally agreed to retain the existing mesh boundary fence along the rear boundary, however, as this has not been noted on the plans, an appropriate condition of consent is contained within the Recommendation of the report.

 

Non compliance with the Randwick Local Environmental Plan, 1998

·    The proposed maximum external wall height of 11.75m is outside the 10m limit and occurs for a large percentage of the east and west walls. Violation of this planning control will have a significant detrimental impact on the quality of the environment in and around Oberon Street.

·    The height of the proposal is 12.3m at one point and is therefore not in compliance with Council’s controls.

 

Comment

Compliance with the height controls as contained within the Randwick Local Environmental Plan are discussed in Section 8.23 of the report.

 

Loss of privacy

·    The close proximity between the proposed building and the building at 207 Oberon Street and the large dimensions of the balconies and windows will result in overlooking of rooms and balconies in units at 207 Oberon Street., in particular Units 2 and 3.

 

Comment

Privacy issues affecting the residents of 207 Oberon Street are discussed in Section 8.33 of the report and are the subject of appropriate conditions of consent contained within the Recommendation of the report.

 

Overshadowing

·    The proposed building will result in a loss of sunlight to the kitchen window of 3/207 Oberon Street and also the reduction in natural light to 2/207 Oberon Street.

·    Loss of morning sun for at least 9 months of the year to the kitchen and balcony of 6/207 Oberon Street.

 

Comment

Shadow impacts to 207 Oberon Street are considered minimal – refer to Section 8.35 of the report.

 

Overdevelopment in locality

·    With the large recent developments in Brook Street, the proposed development will continue the overdevelopment in the area by a further 9 dwellings in such a small area.

 

Comment

The density of development is the function of the applicable zoning.  The developments referred to are located in a 2C Zone, the same as the subject site, which allows for a higher form of development than is the case in the 2B Zoning, applicable on the opposite side of Oberon Street.  Each development is assessed in accordance with the controls applicable to the zone in which it is contained.

 

Damage

·    Concern expressed regarding potential damage due to demolition and subsequent construction. As such a dilapidation/demolition report and an Environmental Impact Statement highlighting concerns of dust, noise and stormwater pollution and the safe removal of any asbestos.

Comment

 

Appropriate conditions of consent for a dilapidation report to be prepared prior to commencement of demolition work is contained in the Recommendation of the report

 

Loss of views

·    Loss of water views looking east and north-east from balcony of Unit 6

Comment

View loss is discussed in Section 8.34 of the report.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Assets and Infrastructure Services

 

Council’s Director of Assets and Infrastructure Services has provided the following comments in relation to the proposal, as amended.

 

Landscape Comments

 

There are several trees at the rear of the site, which are covered by Council’s Tree Preservation Order that will be affected by this proposal, including:

 

One Ulmus parvifolia (Chinese Weeping Elm) of approximately 8 metres in height in the centre of the rear yard. This tree appears in reasonable condition, however, it will not be possible to retain it and proceed with construction as indicated, and as such, approval is granted for the removal of this tree as is shown on the plans, subject to replacement plantings being undertaken in the rear yard.

 

Immediately to the north, there is one Callistemon viminalis (Bottlebrush) of approximately 6 metres in height. This tree appears in reasonable condition, however, it will not be possible to retain it and proceed with construction as indicated, and as such, approval is granted for the removal of this tree as is shown on the plans.

 

Immediately north again, there is one Melaleuca quinquinervia (Broad Leafed Paperbark) of approximately 6 metres in height. This tree appears in reasonable condition, and is shown for retention on the plans; however, this species has a particularly aggressive root system (as identified in Council’s Aggressive Rooted Street Tree Policy), and is commonly responsible for causing structural damage. Although this tree is shown for retention on the plans, Council’s Landscape Technician recommends that this tree be removed and replaced with a more suitable species. As such, approval is granted for the removal of this tree subject to a suitable replacement being provided in its place. (refer conditions 51c and 56)

 

To the east of this tree, there is a row of Syzygium leuhmannii (Lilly Pilly) growing near the rear boundary, all of around 3-4 metres in height. These shrubs are not covered by Council’s Tree Preservation Order due to their small size; however, the Arborists report has recommended that this row of shrubs be retained as a landscape element as they provide an effective screen between this site and adjoining properties. As such, protection measures have been recommended to ensure their retention as is shown on the plans.

 

In the rear yard, near the northern boundary, there are two (2) Eucalyptus scoparia (Wallangarra White Gums) of approximately 15 metres in height. The most eastern tree appears in reasonable condition and will require protection measures to ensure its retention as is shown on the plans and in the Arborists Report. However, the western most trees appears in poor condition, and as such, approval is granted for the removal of this tree as is shown on the plans and as is recommended in the Arborists Report.

 

To the west, there is one Agonis flexuosa (Willow Myrtle) of approximately 8 metres in height, which appears in reasonable condition. Approval is granted for the selective pruning of branches from this tree as requested, but otherwise, protection measures will be necessary in order to ensure the retention of this tree as is shown on the plans.

 

In the northwest corner of the site, there is one tree (species undetermined) of approximately 6 metres in height. This tree appears in reasonable condition but is not considered significant, and as such, approval is granted for the removal of this tree subject to a suitable replacement being provided in its place. The applicant has proposed Eucalyptus scoparia (Wallangarra White Gum) as a replacement, however, the selection of this species is not supported due to its susceptibility to pest attack from the Thaumastocoris species. As such, a suitable alternative species shall be selected for this location.

 

There is one Callistemon species (Bottlebrush) and one tree (species undetermined) along the western boundary, both of approximately 6 metres in height. Neither tree is considered to be significant, and as such, approval is granted for the removal of these trees as is shown on the plans, subject to suitable replacement plantings being undertaken in their place

 

The plan indicates the planting of two (2) Melaleuca quinquinervia (Broad Leafed Paperbarks) on Council’s Oberon Street nature strip; however, the selection of this species is not in accordance with Council’s Street Tree Masterplan, and as such, an alternative species that complies with Council’s document will be used in this area.

 

An Arborists Report prepared by Urban Tree Management (UTM), dated 19th March 2004, has been received as part of this application, and contains recommendations for tree removal, tree retention and protection and all tree related issues. The contents of this report are considered satisfactory, and as such, are supported.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

The above site is located adjacent to a drainage low point. The applicant has submitted a drainage concept plan showing the construction of a new stormwater line along the Oberon Street frontage (see plan by Northrop). The concept plan will be subject of further details prior to the issuing of the construction certificate. The driveway and internal footpaths for the site will have to be designed with high points at RL 55.70AHD. The AIS Dept has included conditions relevant to this issue within its report. It is believed the compliance with the proposed high points can be achieved without altering the height of the building.

 

Traffic Comments

 

The internal carpark layout and driveway gradients are to comply with Council's DCP – Parking and demonstration is required that turning manoeuvres from the driveway ramp into the carpark are satisfactory.

 

Due to the length of the internal driveway and possible car conflict in entering/exiting the site the DPCD Department is recommended to consider conditioning the development with a sighting mirror at the base of the internal driveway and possibly a signal system for vehicles exiting the carpark to use the driveway ramp alternatively the DPCD may consider

 

6.2       Environmental Health and Building

 

Council’s Manager of Environmental Health and Building has advised the following in relation to the amended plans.

 

6.21     Environmental Health

 

Acoustics

 

Concerns relating to the potential for noise and vibration nuisance generated by the use of the car park were raised during the assessment process.

 

In response to these concerns the applicants have engaged the services of Acoustic Logic Consultancy to undertake a review of the proposed car park and car ramp. This document was referred to the Environmental Health Unit for review on 11 May 2004.

 

The review undertaken by Acoustic Logic Consultancy addressed the issues of airborne sound transmission and vibration transmitted into the apartment below. The review has made a number of recommendations in relation to reducing airborne sound transmission. Council is satisfied that the development will meet appropriate noise criteria if the recommendations of the report are adopted. A condition requiring that these recommendations be incorporated in the development is to be included.

 

6.22     Building Services

 

BCA Building Classification

 

·    Class 2     -           Residential units

·    Class 7a   -           Car park

 

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 recommended conditions being included in any development consent.

 

7.    MASTER PLANNING REQUIREMENTS

 

The total site area (944.3m2) is less than required for the submission of a master plan (4000m2).

 

8.    ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, including the provisions of the following relevant planning documents:-

 

8.1       State Environmental Planning Policy No. 65

 

The application has been amended a number of times since its original referral (on 3 November, 2003) to the Design Review Panel convened under State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65).  The Panel’s comments in relation to the design quality principles for residential flat buildings, as set out in Part 2 of SEPP 65, on the original and amended proposal are set out below. 

 

8.11     Original proposal

 

The original design was considered by the Design Review Panel at its meeting on 3 November, 2003.  The Panel made the following comments in regard to the proposal:-

 

1.   Relationship to the Context of the Proposal

 

The panel has some concerns regarding the defensive character of the proposal in the streetscape, and considers that the louvres on the front of the building could be reduced or substituted.  These are not likely to be required on windows on a south facade, and they impact on the streetscape quite dramatically.

 

2.   The Scale of the Proposal

           

3.   The Built Form of the Proposal

 

4.   The Proposed Density

 

The panel considers that densities above LEP provisions can only be considered if there is a strong urban design rationale, no negative impacts on neighbours, and a demonstrated high level of amenity to all units.

 

In this regard the panel does not support the depth of accommodation indicated on the lower ground floor. The panel considers that the units should be considerably reduced in depth or amalgamated as one larger unit. Given the units are predominantly below existing ground levels, the panel would prefer a maximum depth of 6 to 8 metres from the north façade.

 

The proposed density is not justified unless further consideration is given to the design of the ‘basement unit’, see 7 below.

 

5.   Resource and Energy Use and Water Efficiency

 

Air conditioning to units is discouraged.

The Panel encourages the provision of both Detention and retention basins

 

6.         The Proposed Landscape

 

The landscape drawing does not appear to be consistent with the architecturals.  The existing trees to the rear of the site should be retained, as indicated on the landscape drawings but not the architectural drawings.

 

7.   The Amenity of the Proposal for its Users

 

The panel believes that the proposal does not provide adequate cross ventilation or natural daylight to rear lower ground floor units, foyer areas and habitable spaces in general & in the two level one units.

 

The panel believe the applicant should incorporate skylights, higher and raked ceilings to the upper floor apartments to allow for natural ventilation and solar access.

 

The panel believe that a BCA check of the proposal should be carried out, especially in regard to stairways.

 

Specialist advice on vibration from the carpark to the lower ground floor units should be required and incorporated into the application

 

The panel was concerned about the impact of the elevated car park ramp on the neighbouring property, particularly with regard to headlight glare, noise and overshadowing. Alternative arrangements should be investigated.

 

8.   The Safety and Security Characteristics of the Proposal

 

9.   Social Issues

 

10. The Aesthetics of the Proposal

 

SUMMARY AND RECOMMENDATIONS

 

The panel observed that anomalies existed between drawings of the proposal, the landscape plan also appears to be from older drawings. 

 

These include;

 

-     Ground lines are not consistent

-     Retain trees at the rear. Retaining wall and steps have discrepancies

-     Car park ramp structure and impacts not described

-     Structure depth / GF

-     Carpark layout may need revision

-     Privacy of balconies

-     Headroom under the internal stairs

-     Detention and retention basins under ramp

 

Panel considered that the overall scheme required more consideration in relation to the matters raised above. 

 

The panel would prefer to see amended drawings, including coordination of hydraulic structural input and landscape plans.

 

8.12     Amended Proposal

 

The Design Review Panel considered the amended design on 2 February, 2004 and advised the following:-

 

1.         Relationship to the Context of the Proposal

           

It is considered that the louvres on the front of the building are not appropriate.  This gives a blank appearance and does not allow for passive surveillance of the street.  The bedroom louvres should be removed.

 

2.         The Scale of the Proposal

 

3.         The Built Form of the Proposal

 

The Panel remains concerned about the car park ramp, and its poor impact on the many windows of the residential flat building on the immediate west. The ramp is unnecessarily raised, and yet too steep.

 

The Panel is concerned that the lowest floor may be subject to flooding. The applicant is to satisfactorily address this issue.

 

The level and location of the exit stair on the eastern boundary should be reviewed. It appears unnecessarily elevated relative to the neighbour to the east.

 

4.         The Proposed Density

 

The Panel consider that the proposal is an over development of the site. Any argument for increased density needs to be supported by high quality design, good amenity to all dwellings and reasonable impacts on neighbours.

 

5.         Resource and Energy Use and Water Efficiency

 

6.         The Proposed Landscape

 

It was observed that the levels on the landscape plan and architectural drawings were not clear. The Panel considers that the Landscape Plan is correct, as it allows for the retention of the existing planting at the rear of the site. The architectural drawings are to be corrected to accord with the landscape plans.

 

7.         The Amenity of the Proposal for its Users

           

Panel does not consider the second bedroom of the lower ground floor unit to be appropriate, as there is no solar access and a bleak outlook.

 

Amenity of rear lower subterranean units has not been adequately addressed.  Minimal solar access to the lower floor bedroom (northwestern side).  Current configuration of this unit is not acceptable.  The void between the car park ramp and building is too small to be effective.

 

The Panel raised concerns over the steepness of the driveway.  Confirmation by engineers required.

 

Open louvres between residences are not considered an adequate solution, for privacy and acoustic reasons.

 

8.         The Safety and Security Characteristics of the Proposal

 

Security issues to front courtyards.  Bedrooms with doors only are generally not supported as they cannot be left open if accessible from the street. Securable windows, such as toplights above the doors, should also be provided.

 

9.         Social issues

 

10.       The Aesthetics of the Proposal

     

Oberon Street would benefit from openable windows looking onto the street.  The Panel considers that the street elevation/ facade could be better resolved and should be remodeled.

           

SUMMARY AND RECOMMENDATIONS

 

Panel observed that there were discrepancies in the drawings i.e. fence inconsistent in montage to elevations.  Information regarding the retention of trees at the rear of the property is inconsistent with sections and elevations. These discrepancies have been identified by the Panel previously, and not satisfactorily addressed.

 

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

 

8.13     Planning Comment

 

The following changes were incorporated into the design following the Design Review Panel comments of 2 February, 2004:

 

·    Louvres to windows on the front (south) elevation were removed.

·    Additional fenestration provided to the southern façade.

·    Sill heights of windows on the southern façade were lowered and a pattern of mullions and transoms incorporated into the window design.

·    Transom windows incorporated above south facing Level 3 bedroom doors.

·    Recessed panels incorporated into the façade.

·    Front fence design altered to introduce transparency coupled with a landscape treatment behind the fence.

·    Recessed entry gate and mailboxes into front fence to denote entry point.

·    Driveway relocated to the eastern side of site to ameliorate potential flooding impacts and impacts on property to the west.

·    Level 1 apartments redesigned to increase access to natural light, direct sunlight and cross-ventilation.

·    Consistency introduced between architectural and landscape plans.

 

It is considered that the changes as listed above substantially meet the requirements of the Design Review Panel.  The front facade, although still lacking significant articulation, has lost the “defensive” character in its original appearance by the removal of external louvres over the majority of the front windows.  It is considered that the use of appropriate materials, finishes and colours will also serve to break up the building bulk and accordingly a deferred commencement condition of consent requiring the submission of a sample board of materials, finishes and colours is contained within the Recommendation of the report.

 

8.2       Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

50% (minimum) of site area

 

50% (maximum) of required landscaped area over podiums or excavated basement

 

54.7%

 

 

38.4%

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

 

 

32 - FSR

0.9:1

1.13:1

No- SEPP 1

33 - Building Height

10m (max)–external wall

 

 

 

 

 

12m (max)-overall

11.6m (max)- east and west elevations

 

 

 

 

12.6m (max)- east and west elevations

 

No-SEPP 1

 

 

 

 

 

No-subject to condition

 

8.21     Clause 31 – Landscaped Area

 

Development, otherwise than for the purpose of a dwelling house, within Zone No. 2C is required under Clause 31 (2), to provide a minimum of 50% of the total site area as landscaped area.  Further Clause 31 (3) requires landscaped areas over podiums or excavated basement areas not to exceed 50% of the landscaped area requirements specified by Clause 31 (2) above.  The purpose of the development standard is stated as:

 

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

           

The proposal provides approximately 54.7% of the site as statutorily defined landscaped area, of which 38% is landscaping either above the car park level at the front of the building, in the form of courtyards and landscaped beds immediately behind the front fence line or as a podium area, being terrace areas for Level 1 units, immediately below the car park level at the rear of the building. 

 

Substantial plantings of trees and shrubs exist to the rear of the site and these provide a significant level of screening of the existing houses both to the residential flat building to the rear (26 Alexander Street) and also to the ground floor level unit at the rear of 207 Oberon Street.  Submissions have been received from 26 Alexander Street requesting that as many of these existing trees remain as possible for the amenity of residents of 26 Alexander Street.

 

A Landscape Plan accompanied by an Arborist Report have been provided as part of the amended submission.  The Arborist Report provides an assessment of the condition of the existing trees, the impact of the development on them and recommended retention methods for the majority of the existing trees and shrubs along the rear (northern) boundary.  A number of trees, however, are proposed for removal due to disease.

 

Council’s Landscape Technician has reviewed the submitted Arborist Report and has provided appropriate conditions of consent to reflect the recommendations of the report and where trees are proposed to be removed, appropriate replacement trees are the subject of conditions of consent.  It is therefore considered that as a result of the proposed works, a similar tree canopy will be retained on site as existing and the landscaping on site will be enhanced by the additional plantings provided as part of the landscape plan and the conditions of consent.  Accordingly it is considered that the landscaping provided will soften the visual impact of development and assist in the reduction of urban runoff.  As well, on site detention is also provided as part of the proposal and an appropriate condition to utilize retained water run-off for such sustainability measures as landscape watering and toilet is provided as a condition of consent within the Recommendation of this report.

 

8.22       Clause 32 – Floor Space Ratios

 

Under Clause 32(2), a maximum floor space ratio (FSR) of 0.9:1 is applicable for the site.  The proposed development has a FSR of approximately 1.13:1 which does not comply with this development standard.

 

The objective of the FSR standard under the LEP is as follows:

 

To establish reasonable upper limits for development in residential, business, industrial and special uses zones through a limit on the amount of floor space that can be provided.  This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.

 

A SEPP 1 submission has been received with the application that argues that compliance with the standard in this instance is unreasonable and unnecessary for the following reasons:-

 

·        The non compliance with the numeric standard is due to the specific circumstances of the steep site topography.  The area of non compliance occurs below ground level and as such will not impact upon adjoining properties.

·        The limitations of site topography and car park ramp gradients dictate the location of Levels 2 and 5 in their indicated position.  Since the site falls steeply away from the street, the carpark is fully below ground at the Oberon Street frontage but is at the first floor level when viewed from the rear of the site.  The additional floor area occurs between the carpark level and the existing ground level at this point (Level 1).  Provision of apartments at the level of the rear garden encourages the active use and maintenance of this area and prevent it from becoming a void space of limited practical application. The landscaped area at the rear of the site will integrate with the private open space provided for the Level 1 apartments.

·        The location of the additional floor space at ground level at the rear of the site does not result in any impact upon issues of privacy, shadows or view sharing and as such will have minimal impact upon the existing amenity of the adjoining properties.

·        The proposed building will present a three storey frontage to Oberon Street.  The area of additional floor space is located at the rear of the site and does not contribute to an increase in the form, size or scale of the proposal when viewed from the street.

 

The SEPP 1 submission is generally considered to be well founded and should be supported.  The increase in FSR above the standard equates to approximately 225m2 of additional floor area.  The proposed floor area at Level 1 of the building is approximately 222m2.  The site does have a steep fall (approximately 3m to 3.5m) in the area in which the building footprint is located, with the carpark level constrained by a driveway gradient necessary to meet the Australian Standard (AS) 2890.1. 

 

The proposed utilisation of the area under the carpark level as habitable space does not unnecessarily increase the form or height of the building, which is predominantly dictated by the overall building height control contained within Clause 33 of LEP 1998 (see below) and the setback requirements contained in the DCP-Multi-Unit Housing.  As such, any shadow impacts are not the result of the increased floor area.  As well, the proposed Level 1 is generally below the existing ground line along the eastern and western boundaries and hence no substantial privacy impacts will result to the adjacent properties to the east and the west.  To the rear (north) the two Level 1 apartments will be well screened by the existing vegetation which is to be substantially retained.

 

The additional level below the carpark level will not be readily discernible from the street, while the overall bulk and scale of the proposed building at the street level is commensurate with the adjoining four storey residential flat building in Oberon Street. 

 

The internal amenity of the two apartments proposed at Level 1 of the building, while not ideal, has undergone improvement as a result of the various reviews of the proposal undertaken by the Design Review Panel.  The proposed Level 1 apartments have been re-arranged to increase their access to natural light and cross-ventilation to their habitable spaces by decreasing their overall depth to that originally proposed. The lounge and bedroom areas of each apartment on this level have been redesigned to have a northern frontage to allow greater solar access and a better outlook, while areas of less frequent use and non habitable spaces have been located to the south.  Large terrace areas have been provided with a garden aspect.  An Acoustic Report has been submitted by the applicant in regard to noise and vibration to these lower ground floor units and appropriate conditions of consent are contained within the Recommendation to ameliorate airborne sound transmission and vibration to an acceptable level.  Accordingly it is considered that a reasonable level of amenity would be enjoyed by future occupants of these apartments, particularly as the proposed units add variety to the mix of accommodation provided in the area.

 

Given the site constraints, including topography, subdivision pattern and surrounding development, it is considered that the proposal satisfactorily minimises the impact to adjoining development and the street, while still providing for reasonable level of development within the 2C Residential Zone.

 

8.23       Clause 33 – Building Heights

 

Clause 33 (2) of RLEP 1998 requires that the maximum building height for a building, other than a dwelling house, within Zone No. 2C be no more than 12 measured vertically from any point on ground level, while the maximum external wall height, under Clause 33 (4) is 10m measured vertically from any point on ground level.  The purpose of the development standard for building heights is as follows:-

 

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

 

The proposed development has a south-north sloping roof and a stepped building form, such that as the building increases in height it steps back further from the northern boundary in order to minimise any potential overlooking or disruption in views.  The eastern and western walls have been increased in height to visually connect with the roof in a similar fashion as gable ends. This, in conjunction with the site topography, has served to increase their height above the 10m height limit set by Clause 33 (4), with a maximum external wall height on both the eastern and western elevations of 11.6m. 

 

The roof element follows the site topography in a similar manner as the area of external wall, however does not result in any breach of the overall 12m height limit set by Clause 33 (2), except for the steel framed awning and sliding metal screens to the north facing balconies on the upper level of the proposed building (Level 5), which attain an overall height from existing ground level of 12.6m approximately.  These have a height from the balcony floor of approximately 2.6m.  It is considered that these are excessive in height and can be reduced to 2m, by condition of consent, to achieve compliance, without the need for a further SEPP 1 submission in addition to the SEPP 1 submitted for the non compliance with the external wall standard of Clause 33 (4) of the LEP.

 

The applicant has submitted a SEPP 1 submission that argues that strict compliance with the 10m external wall height development standard is unreasonable and unnecessary for the following reasons:-

 

·        The non compliance with the numeric standard is due to the specific circumstances of the site topography.

·        The area of non compliance occurs where the site falls away at a rate in excess of that where it is feasibly possible to provide a change in floor level in conjunction with internal spaces of adequate habitable dimensions.

·        The limitations of site topography and carpark ramp gradients dictate the location of Levels 2 to 5 in their indicated positions.  Within these design constraints, the proposal is stepped to follow site topography to present a street façade of appropriate form, size and scale and to respond with the overall building height specified in the LEP.

·        The minimal area of glass to the east and west facades in conjunction with setbacks, screening devices and landscaping provides suitable levels of privacy for future residents of the proposed building and to protect the privacy of adjoining residences.  The windows in the section of external wall above the height limit are small in dimension and suitably screened to maintain privacy, with only a small number of windows that are outside the 10m height limit.

·        Minimal overshadowing to adjoining properties results from the proposal, with the majority of these shadows falling on non-sensitive areas through the main part of the day.

·        Existing view opportunities are generally maintained by the proposal.

·        The proposal will have minimal impacts upon the existing amenity of adjoining properties and will be of an appropriate form and scale for the existing and future desired streetscape.

 

The SEPP 1 submission is generally considered to be well founded and should be supported for the following reasons:-

 

·        The proposed development is contained within the overall height limit for buildings in the 2C Zone, subject to the condition relating to the balcony awning as discussed above.  It is considered that a more conventional hipped or gabled roof form with a compliant external height would present as a bulkier building than the adopted stepped walls and sloping roof form, due to the steeply sloping site topography.  This also serves to minimise the impacts of overshadowing and view loss to neighbouring properties.

·        The proposed development, with a maximum height equivalent to an overall RL of 66.3 is approximately 1.3m below the maximum roof ridge RL of the residential flat building on the adjacent property to the west (207 Oberon Street-roof ridge RL 67.64) and thus provides an appropriate contextual fit with the adjoining development in the streetscape.

·        The proposal does not have significant adverse amenity impacts to adjoining neighbours in terms of view loss, privacy or overshadowing (refer Sections 8.33, 8.34 and 8.35 of the report).

 

8.3       Development Control Plan - Multi-Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements or preferred solutions)

 

 

BUILDING SETBACKS

 

Front  boundary setbacks

P1        The front setback consistent with streetscape/adjoining dwelling.

 

 

 

 

 

Side boundary setbacks

P2        Ensure that:

       solar access is maintained and overshadowing minimised.

       privacy between neighbouring dwellings and their own spaces provided.

       Landscaping and private open space provided.

       Streetscape amenity is maintained.

 

 

 

 

 

 

 

 

 

 

 

 

S2        Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres. 

Maximum length of wall section is 10 metres.

Minimum length of any step is 3 metres.

 

 

External walls    4.2m

Stair                    2.5m

Yes the building is generally located as the average setback of the adjacent two neighbouring properties (207-209 Oberon Street setback 5m approximately and 215 Oberon Street setback 3m approximately).

 

No- refer Section 8.31 below

Eastern  side

Level 1 – 4.965m

Level 2 - 4.942m

Level 3 – 5.1m and 5.3m

Level 4 - 5.377m

Level 5 – 5.385m

 

Western side

Level 1 – 4.653m

Level 2 – 4.6m, 4.8m and 5.03m

Level 3 – 4.8m and 5.03m

Level 4 – 4.8m and 5.038m

Level 5 – 5.022m and 5.352m

 

Unarticulated wall length (max)

Level 1 – 8.7m

Level 2 – 12.6m

Level 3 – 8.1m

Level 4 – 8.1m

Level 5 – 5.1m

 

 

 
Rear Boundary Setback

P3 Ensure that:

     solar access and overshadowing minimised.

     Privacy between neighbouring dwellings and their open spaces provided.

 

     Building built across site.

 

 

S3.Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

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

 

 

Yes –minimum setbacks as below:

Level 1 – 6m

Level 2 – 6.055m

Level 3 – 7.139m

Level 4 – 8.155m

Level 5 –9.86m

 

No – minimum average setbacks refer to Section 8.31 below

 

Maximum length of any section of wall 23m (Levels 1, 2 and 3)

Level 4 -22.6m

Level 5 – 7.9m

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Yes – surrounding built form is generally three to four storey buildings

 

FENCES

 

P1

     Front fences consistent with streetscape.

     Entrances highlighted.

     Planting used to soften and provide privacy.

 

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

 

 

No – refer Section 8.32

1.5m - solid portion

1.8m overall height

 

 

LANDSCAPING AND PRIVATE OPEN SPACE

 

Landscaped Areas

P1 Sufficient size allow recreational activities and substantial vegetation.

 

 

S1  Minimum for landscaped area 2 metres.

 

 

Most areas of landscaping are greater than 2m except for the landscape treatment at the side of the driveway ramp that acts as to soften and screen this area.

 

 

P2 Landscaped areas around flat buildings be undivided

communal open space.

 

An appropriate condition of consent is contained within the Recommendation to ensure that communal open space at the rear of the site is not alienated to individual unit owners in order to ensure ongoing maintenance of this area.  It is considered appropriate, however to allow landscaped areas at the front of building for private use due to close proximity to courtyards .

 

 

 

Private Open Space

General

P3   

     Provides privacy.

     is accessible from main living areas.

 

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

 

 

 

 

Yes

Private open space in form of large balconies and terraces accessible from main living areas.  Reasonable levels of privacy maintained commensurate with nature of building type.  Courtyards accessible from bedrooms at front of building screened by landscaping and 1.8m high fence

 

 

 

Flats and apartments

 

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

 

 

 

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

 

 

 

 

Yes

 

 

PRIVACY

 
Visual Privacy

 

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

 

 

 

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

 

 

 

Windows and balconies on western and eastern elevations generally screened. Substantial existing landscaping maintained at rear of site.  Refer Section 8.33 below 

 

VIEW SHARING

 

 

 

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

 

 

 

 

 

 

 

Minimal impact on views – Refer Section 8.34 below

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

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

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

 

 

 

 

Refer Section 8.35 below.

 

 

 

Building Layout, Design and Construction

 

P4 Protect from prevailing strong winds and adverse weather.

     Living areas are orientated to         the north.

     Larger windows are located on the north.

 

 

 

 

S4 75% of dwellings achieve 3.5 star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars.

 

Note:

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

 

 

 

 

 

Yes –By condition. Certification for original proposal

Unit 1A -4 stars

Unit 1B – 3.5 stars

Unit 3A-4.5 stars

Unit 3B -5 stars

Unit 3C – 4 stars

Unit 4A- 5 stars

Unit 4B – 5 stars

Unit 5A – 4.5 stars

Unit 5B – 4 stars

Amended proposal conditioned

 

 

P6 Heat loss is minimised in plumbing and services.

 

 

Yes by condition of consent

 

 

P7 Outdoor space for clothes drying provided. 

 

Yes by condition of consent

 

SAFETY AND SECURITY

 

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

P3 High walls and structures avoided.

P4 Resident car parking has security grilles or doors.

P5 Visitor parking spaces clearly identifiable.

P6 Adequate lighting for personal safety and security provided.

P7 External lighting not intrusive.

 

 

Yes.  Amended design provides each habitable room in the southern façade with a large south facing window to encourage casual surveillance of the street.  Entry is highlighted by changes in fence design, entry awning and projecting central stairwell to the street frontage.  Car park entry provided with sliding gate and appropriate conditions of consent contained within Recommendation for security intercom system for visitor parking and at pedestrian entry.

 

 

 

PARKING

 

 

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

 

 

P3 Secure storage for bicycles is provided.

 

 

Yes – considered acceptable

Car parking on Level 2 below street level.

 

Yes by deferred commencement condition–an area for storage of 4 bicycles provided but not shown as secure

 

DRIVEWAYS AND MANOUVERING AREAS

 

P1 Driveways and manoeuvring areas minimised.

 

 

Yes by condition – Driveway provided with minimal width of 3.5m.   Certification of manoeuvring areas within the carpark level required as a deferred commencement condition of consent

 

 

P2 Vehicles enter/ leave in a forward direction.

 

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

 

As above, subject to satisfactory certification of manoeuvring areas, vehicles will be capable of leaving site in a forward direction in accordance with preferred solutions

 

 

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

 

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

 

Yes -Driveway width of 3.5 m and set 1m from eastern  side boundary

 

 

P5 Materials and finishes consistent.

 

S5 Large expanses of uncoloured concrete avoided.

 

No large areas of concrete

 

 

P6  Driveway gradients safe.

 

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

 

Certification of driveway gradient compliance with Australian Standard without increasing overall height of building required as a deferred commencement condition of consent.

 

 

STORAGE

 

P1 Accessible and separate storage for each dwelling.

 

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

 

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

 

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

 

 

No – No unit achieves 10m2 of storage space with 2.1m clearance. Refer Section 8.36 of report.  Deferred commencement condition of consent requiring a redesign of car parking layout to achieve satisfactory compliance.

 

 

 

BARRIER-FREE ACCESS

 

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

 

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

 

Not applicable

 

 

 

P2  Dwelling requirements are: 

 

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 and so on.

 

 

 

 

 

Not applicable

 

 

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

 

 

Not applicable, however one car parking space provided for a person with a disability.

 

WASTE MINIMISATION AND MANAGEMENT

 

P1 Waste collection and separation facilities are provided.

 

S1  Storage cupboard in each kitchen sufficient which enables separation of recyclable material.

Holding at least a single day’s waste.

Landscaped areas provide composting.

 

Yes by deferred commencement condition  of consent – refer Section 8.36 of report

 

 

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

 

 

Yes - garbage room provided at basement level, however this area needs to be reconfigured to contain necessary number of required garbage and recycling containers.  A deferred commencement condition of consent contained in Recommendation for a redesign of carpark layout to achieve compliance.

 

 

8.31     Building Setbacks

 

The objectives for building setbacks are as follows:-

 

·        To reduce the impact of development on adjoining land.

·        To ensure that adequate separation is maintained between buildings for landscaping, visual and acoustic privacy, sunlight penetration and private open space.

·        To integrate development with desirable characteristics of the established streetscape.

 

Front boundary setbacks

 

The performance requirement for the front setback is that it be consistent with the setback of adjoining development or the dominant setback along the street. The front setback is to be determined by the existing and desired future character of the streetscape.

 

The dominant front wall of the proposed building development is setback 4.2m, which is a midpoint between the two neighbouring buildings, being 207 Oberon Street (5m minimum front setback) to the west of the site and 215 Oberon Street (2.6m minimum).  A front central stairwell element in the proposed design is setback 2.4m from the front boundary.  This is considered acceptable as the dominant setback of development within the immediate area of the streetscape (apart from 207-209 Oberon Street) appears to adopt a minimal front setback (2m to 3m).  As well, the forward projection of the stairwell element, along with an awning adjacent to its western façade over the pedestrian entry serves to identify the building and articulate the front building façade.

 

Side boundary setbacks

 

The proposal generally complies with the preferred solutions of the DCP-Multi-Unit Housing (a minimum average setback of 5m from any side boundary with no part being closer than 3.5m) for both the eastern and western side boundary setbacks.

 

The eastern and western sides of the building are setback from their respective side boundaries well above the 3.5m required under the preferred solutions, being 4.942m on the eastern side and 4.6m on the western side.  Minor variations are sought with respect to the minimum average setback for the ground and first floor building levels (in the order of less than 100mm on the eastern side and 200mm approximately on the western side of the building). The eastern and western walls are stepped in both the horizontal and vertical planes, with complying minimum average setbacks for the upper building levels.  In conjunction with a varied palette of materials finishes and colours, the eastern and western walls will be well articulated, notwithstanding minor variations proposed to the unarticulated wall length on Level 2 of the building. 

 

The driveway has been relocated to the eastern side of the site adjacent to the driveway and garage of 215 Oberon Street, thus reducing the impact on the adjoining property to the west and allowing landscaped pedestrian entry to the rear of the site and to Level 1 apartments at the rear.  As well, landscaping is proposed on the eastern side of the driveway as a buffer to the adjoining property to the east (215 Oberon Street).

 

Rear boundary setbacks

 

The proposed development has both a minimum setback and a minimum average setback of 6m to the rear boundary.  This is at the ground floor level (Level 1) of the building at the rear and is taken to the outer edge of the sunken terrace, with the external walls of the apartments on this level setback 8m in accordance with the preferred solutions.  The rear (northern) wall of the car park level above (Level 2) is setback 6m from the rear boundary throughout its length, however the openings in the wall provided for ventilation are screened by metal louvres to minimise light spill and are also well screened by the existing vegetation along the rear of the site, which is substantially proposed to be retained.

 

The setback of external walls and balconies above Level 2 increase in a stepped form with respect to the rear boundary, with the setback corresponding to their increase in height from ground level.  The upper level (Level 5) balcony is setback a minimum of 9.86m, with an even greater average setback due to its centrally recessed form.

 

Level 1 and Level 2 are well screened to the rear by the existing vegetation and tree canopy substantially proposed to be retained, while at Level 3 and above the outlook is generally either at the roof level of the residential flat building to the rear (26 Alexander Street) or to ocean and district views.

 

The main area of concern raised with regard to the amended proposal in the various submissions from residents of 26 Alexander Street relate to the relocation of the driveway to the eastern side of the site, such that it is in closer proximity to their building rather than their rear yard.  In particular, the concerns relate to headlight glare from cars coming down the driveway ramp, car noise and noise from the proposed sliding entry gate to the carpark, as well as pollution from car fumes.

 

In regard to the above concerns relating to the driveway, it should be noted that a planter is proposed at the northern end of the driveway ramp.  This has a height of 1m which in itself alone, without landscape planting, should be sufficient to prevent headlight spill.  Further the existing dense and relatively high landscape screening provided along the rear boundary by way of the  existing (Syzygium leuhmannii) hedge, proposed to be retained, will further mitigate against any headlight spillage. 

 

An Acoustic report has been provided with the amended application which proposes noise mitigation measures necessary for the amenity of future residents in the proposed building and which are incorporated into the Recommendation of this report as conditions of consent.  Accordingly it is considered that as these conditions for noise amelioration measures to the carpark will provide a satisfactory acoustic environment for future residents in the proposed development, the noise concerns of residents of 26 Alexander Street, with a greater separation to the driveway and the carpark, cannot be sustained.  Similarly it is considered that given the relatively small size of the development and the number of cars that will be utilising the carpark, there is unlikely to be significant levels of car exhaust fumes that would affect residents at 26 Alexander Street.

 

Accordingly it is considered that the proposal will maintain reasonable levels of acoustic and visual privacy to the property to the rear (north of the site) and as such is consistent with the performance requirements for rear setbacks as contained in the DCP-Multi-Unit Housing.

 

8.32     Fences

 

The application proposes a new front fence to a height of 1.8m consisting of solid rendered masonry panels set with horizontal metal batten infill.  The masonry panels are generally to a height of 1.5m, except at the building entry, where a 1.8m high gate is proposed.  Both the gate and the adjacent masonry panel containing the letter boxes for the development are recessed slightly from the street. 

 

While the proposed design is not strictly in accordance with the preferred solutions which requires that the solid portion be no higher than 1.2m, it is considered that the design integrates successfully with the building architecture, highlights the building entrance and along with the landscape beds provided immediately behind the fence, will provide reasonable levels of privacy to courtyards at the front of the development.  It is considered, however, as a sustainability measure, that the sandstone in the existing front fence should be recycled on site in the landscape design and an appropriate condition of consent is contained within the Recommendation of the report.

 

8.33     Privacy

 

Acoustic and visual privacy impacts to the residential flat building to the rear have been previously discussed in the report (refer Section 8.31) and are considered satisfactory subject to noise attenuation conditions as contained in the Recommendation of the report.  Objections have also been received from unit owners in the building on the adjoining property to the west (207 Oberon Street) relating to potential overlooking of rooms and balconies of units due to the close proximity of the new building.

 

The proposed new building is well set back (approximately 5m) from the western boundary, generally in accordance with the preferred solutions and adopts a landscape treatment for this side setback.  The Level 1 apartment on the western side of the proposed new building is generally located below the existing ground line at the boundary and hence does not have any overlooking impacts. The western sides of all balconies are treated with fixed metal screens.  As well, the majority of the bedroom windows (Level 3 and above) are treated with fixed vertical metal louvres.  In order to minimise overlooking it is recommended that stairwell and ensuite windows have opaque glass and the west facing lounge room windows on Levels 3 and 4 are also screened. Appropriate conditions of consent are contained within the Recommendation of the report.

 

8.34     View Sharing

 

Objections have been received from units within the residential flat building at 207-209 Oberon Street regarding loss of water views as a result of the proposed development.  These views are generally obtained from kitchen windows on the eastern side of the building and are across the site in a north-east direction.  In this regard it should be noted that the units located toward the rear of the building have rear north facing balconies located off their main living areas, which are set further to the north than the alignment of the proposed building on the subject site and thus will maintain uninterrupted their existing views (refer Figures 6 and 7).  Units at the lower levels of the building generally have an outlook from their kitchen windows to the existing vegetation on the subject site.

 

Unit 6 at the front (south of the building) also obtains a water view from its kitchen window and a water view when standing at the eastern end of their front balcony, looking towards the north-east.  As well, a water glimpse is also obtained looking due east across the front of the site (refer Figures 8-11 below). 

 

 

Figure 6 - views from rear north facing balconies

 at 207-209 Oberon Street

 

 

Figure 7 - view from kitchen window

at 207-209 Oberon Street

 

Figure 8 - view from 6/207 Oberon Street balcony

 looking across the site to the north-east

 

 

Figure 9 – view from 6/207 Oberon Street balcony

 looking across the site to the east

 

 

Figure 10 - view from 6/207 Oberon Street kitchen window

 looking across the site to the north-east

 

 

 

Figure 11- view from 6/207 Oberon Street kitchen window

 looking across the site to the east

 

The objective of view sharing as contained in Clause 4.3 of the DCP-Multi-Unit Housing is to :-

 

Minimise the obstruction of views by new development from adjoining buildings and public places

 

The explanation of view sharing provided in the DCP states that “view sharing requires design which considers the preservation of existing views from neighbouring property while allowing development (which meets other Council controls and guidelines) to take advantage of available views”.

 

The Performance Requirements requires new development to take into account topography, vegetation and surrounding development to minimise effects on views, particularly of significant features such as ocean, coastline, open space and landmarks, and to maximise view corridors between buildings.

 

The abovementioned clauses do not state what is view sharing or when view sharing is reasonable.  In this regard it should be noted the comments by Senior Commissioner Roseth in Tenacity v Warringah Council (2004) in regard to the concept of view sharing:

 

“The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for its own enjoyment”.

 

Senior Commissioner Roseth adopts a four part assessment based on the following:-

1.              An assessment of the view affected. 

2.              An assessment from what part of the property the views are obtained.

3.              An assessment of the extent of the impact.

4.              An assessment of the reasonableness of the proposal causing the impact.

 

Applying the above principles to views obtained from units at the rear of 207 Oberon Street, it is considered that the primary view to the ocean are obtained from their north facing balconies which remain unobstructed by the proposed new building on the subject site, while ocean views obtained from the kitchen windows are secondary views which are already obstructed by existing vegetation at the rear of the subject site.  The view obtained from Unit 6 at the front of the unit block is only obtained across the roof of the existing house.  The views obtained are distant views which may also be blocked through time by intervening development or significant vegetation other than by the subject proposal.  As well the primary orientation of the top floor unit at the front of the 207-209 Oberon Street is to the street (south) not the east or north-east.

 

In considering the reasonableness of the proposal, it generally conforms to the overall height limit and set back requirements for development in the 2C Zone as previously discussed in the report.  The breaches to the preferred solutions for external wall height, given the conformity to the overall height limit, do not make an appreciable impact on the degree of view that would otherwise be obtained.

 

The view obtained from the kitchen windows of units at the rear of 207 Oberon Street and the Unit 6 at the front of 207 Oberon Street is across the side boundary and as noted by Senior Commissioner Roseth, it is more difficult to protect views from this angle than from front and rear boundaries and as such the expectation to retain side views is often unrealistic, especially given the 2C nature of the zoning.  Further, while the views to the ocean and horizon are currently available from windows on the eastern side of the building at 207 Oberon Street, the orientation of the units within the building were not designed to focus their living areas on the views captured on the eastern side.

 

It is considered unreasonable not to allow development to a building height consistent with that of 207 Oberon Street adjoining the subject site.  The proposed new building has been stepped back from the rear boundary to enable the retention of views currently enjoyed from the rear north facing balconies at 207 Oberon Street.  Accordingly, the objections raised in regard to view loss cannot be reasonably sustained.

 

8.35     Solar Access and Energy Efficiency

 

The majority of the proposed new dwellings, as originally designed, achieve above the minimum 3.5 star NatHERS rating, with no dwelling achieving less than the minimum rating and the proposal generally complies with the preferred solutions for solar access and energy efficiency.

 

Objections have been received from the adjoining property to the west (207 Oberon Street) regarding the potential loss of sunlight to kitchen windows and the balcony of Unit 6.  Shadow diagrams received with the application indicate that at the winter solstice (June 21) there will be minimal shadows cast on the eastern side of the building of 207 Oberon Street and that by 10.00am the building will be clear of any shadow impact.

 

8.36     Storage, Waste Storage and Bicycle Parking

 

It is considered that insufficient attention to detail has been given in the design to provide appropriate storage facilities within the Carpark Level for individual residential use and bicycle storage.  As well, the area allocated for garbage storage is insufficient to contain the appropriate number of waste and recycling bins for the redevelopment.  Instead additional area has been allocated within the carpark level for vehicle parking in excess of that required by the DCP – Parking (refer Section 8.4 below), some of which may need to be foregone to satisfactorily address these requirements, especially given the lack of sufficient storage space provided within individual units.  As design changes are necessary that may impact on the external appearance of the building, it is considered appropriate that these be the subject of deferred commencement conditions of consent.

 

8.4       Randwick Development Control Plan-Parking

 

The parking provision for the amended proposal is given in Figure 12 below.

 

Figure 12– Parking Requirements

 

Type of land use

Parking Requirements

Provided

Compliance

Multi-unit housing

 

 

 

     Residential

12 residential car spaces

15 residential (6 tandem)  

Yes

     Visitor

2 spaces including 1 car wash bay

2 provided with 1 being a car wash bay 

Yes

     Bicycle (residential)

3 residential bicycle spaces

1 visitor bicycle space

An area designated for 4 bicycle spaces shown on plan

No area not shown as secure

 

It should be noted that concerns have been raised by Council’s Assets and Infrastructure Services Department regarding turning manoeuvres into the designated car spaces, as well as certification of driveway gradients have not been addressed by the applicant and as such appropriate deferred conditions of consent are contained within the Recommendation of the report.

 

8.5       Section 94 Contributions Plan

 

The calculations for the residential component of the proposed development are set out in Figure 13 below.  Please note a credit has been given for the existing two dwelling houses on the site.

 

Figure 13: Levies for additional residential dwellings

Units

Open space levy per unit ($)

Total open

Space

($)

Community facilities levy per unit ($)

Total community facilities

($)

5 x 2 Bedroom

1,792.88

8,964.40

792.72

3,963.60

2 x 3 Bedroom

2,732.00

5,464.00

1,208.00

2,416.00

TOTAL

 

14,428.40

 

6,379.60

 

8.6       Randwick Rainwater Tank Policy

 

Council’s Rainwater Tank Policy, effective from the 15th October, 2003, requires all new development to install a rainwater tank for the collection and reuse of roof water.  On site detention is proposed as part of the application and consequently it would not be difficult for the applicant to meet the rainwater tank requirements.  Accordingly an appropriate condition of consent is contained within the Recommendation of the report.

 

9.    CONCLUSION

 

The proposal seeks variation to statutory controls for floor space ratio and external wall height under the LEP by way of SEPP 1 submissions.  The SEPP 1 submissions are considered appropriate in the circumstances of the site and its constraints, including topography and subdivision pattern.  As such, the proposed bulk, form, scale and height are consistent with the surrounding built form immediately adjacent to the west and the proposed design minimises its impact on adjoining development and the streetscape and may be approved subject to appropriate conditions.

 

10.  RECOMMENDATION:

 

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

AND

 

B.         THAT Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 33 (4) of the Randwick Local Environmental Plan 1998 (as amended) relating to maximum external wall height on the grounds that the proposed development complies with the objectives of the clause and will not adversely affect the amenity of the locality and the Director of Infrastructure Planning and Natural Resources be notified accordingly,

 

AND

 

C.        THAT Council, as the responsible authority, grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act, 1979 (as amended) to Development Application No. DA 801/03/GEfor demolition of the existing houses and the construction of a multi-unit housing development containing nine (9) dwellings, associated car parking and a new front fence at 211-213 Oberon Street, Coogee, subject to the following condition:-

 

DEFERRED COMMENCEMENT CONDITION

 

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

 

1.         The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.  Details of the proposed colours, materials and finishes (i.e. a sample board keyed to all building elevations) are to be submitted and shall include the following:-

 

·              metal roof sheeting painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment

·              details and samples of the glass to be used.  The reflectivity index of glass used in the external façade of the development must not exceed 20 percent and certification of such is required with the sample board. 

 

2.         The carpark level and (Level 2) and driveway shall be redesigned to demonstrate the following:-

 

·              Each unit has an accessible and appropriate sized storage facility

·              Secure storage provided for 4 bicycles

·              A garbage storage area sufficient to contain the required number of waste and recycling bins.

·              The internal carpark layout and driveway gradients are to comply with the requirements of Australian Standard (AS) 2890.1 (without increasing the building height) and certification is required of such by an appropriately qualified Traffic Engineer.  As well certification is required by an appropriately qualified Traffic Engineer that turning manoeuvres from the driveway ramp into the carpark and turning manoeuvres into the required car spaces also meet the requirements of Australian Standard (AS) 2890.1.

·              Due to the length of the internal driveway and possible car conflict in entering/exiting the site, in accordance with the requirements of an appropriately qualified Traffic Engineer, a sighting mirror shall be installed at the base of the internal driveway and/or a signal system for vehicles exiting the carpark to use the driveway ramp.

·              Certification by an appropriately qualified Traffic Engineer that the driveway gradient meets the requirements of Australian Standard (AS) 2890.1 without raising the overall height of the building.

 

3.         The plans shall be amended to show the following:-

 

·              the overall height of the building is to be reduced to a maximum of 12m from existing ground level by reducing the height of the steel framed awning and sliding metal screens to the north facing balconies on the upper level (Level 5) of the building.,

·              In order to minimise overlooking stairwell and ensuite windows on the western elevation of the building shall have opaque glass and the west facing lounge room windows on Levels 3 and 4 are to have appropriate screening.

 

Evidence required to satisfy the above condition must be submitted to Council within 6 months of the date of this consent.

 

DEVELOPMENT CONSENT CONDITIONS

 

D.          Subject to compliance with the deferred commencement condition, to the satisfaction of the Director Planning and Community Development, development consent be granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA 801/03/GEfor demolition of the existing houses and the construction of a multi-unit housing development containing Demolition of existing dwellings and the construction of a multi-unit housing development containing nine (9) dwellings, car parking for 17 vehicles and a new front fence at 211-213 Oberon Street, Coogee subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans identified as Sketch Drawing 2103/ADA and numbered Z1101 H , Z1102 G, Z1103 F, Z2001 D, Z2002 E, Z2002-1 A, Z2003 E, Z2004 D, all dated 7 April, 2004; and received by Council on 13 April, 2004; Z1104 D, Z1105 F, Z3001 C, all dated 25 March, 2004; Z1106 C dated 17 March, 2004, all received by Council on 30 March, 2004; Landscape Plan L01 D and L02 D, with amendment date 27 April, 2004 and received by Council on 4 May 2004, the application form and on any supporting information received with the application, except as may be amended by the details approved with the deferred commencement conditions and by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.         A mesh boundary fence or fence of a similar transparency as existing shall be installed along the rear (northern) boundary of the site to reduce the visual impact on the adjoining residential flat building.  Details of such shall be shown prior to the issue of the construction certificate.

 

3.         The communal open space at the rear of the site shall remain common property on any plan of strata subdivision in order to ensure ongoing maintenance of this area. 

 

4.         The sandstone in the existing front fence shall be recycled on site and incorporated into the landscape design.  Details of such shall be shown prior to the issue of the construction certificate.

 

5.         In order to provide a safe and secure environment for residents, security mechanisms for pedestrian building entry shall be provided, including an audio or video intercom system located at the building entry for visitors to communicate with residents.  Details shall be submitted to and approved by the principal certifying authority prior to a construction certificate being issued for the development.

 

6.         In order to ensure that the basement car park is secure for residents and visitors a security gate to the basement car park shall be provided with intercom facilities at the car park entrance for visitors, capable of being accessed by people with a disability.  Details shall be provided to the satisfaction of the certifying authority prior to the issue of the construction certificate.

 

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

 

8.         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.

 

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

 

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

 

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

 

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

 

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

 

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

 

14.       The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

15.       Where access is required to adjoining premises for construction purposes, the consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

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

 

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

 

17.       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.

 

19.       External timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

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

 

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

 

21.       The hot water system installed in the development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s Energy Smart Homes Policy.  Any electric clothes dryers to be provided in the development must also have a minimum 2 star energy rating.

 

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

 

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

 

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

 

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

 

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

 

a)     for the provision or improvement of open space               $14,428.40

b)     for the provision or improvement of community facilities   $ 6,379.60

c)     Administration fee                                                                       $    425.00

 

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

 

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

 

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

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

 

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

 

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

 

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

 

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

 

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

 

29.       The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

30.       The recommendations contained in the document Review of proposed car park and car park ramp dated 26 March 2004 prepared by Acoustic Logic Consultancy form part of this consent and must be implemented and completed prior to an occupation certificate being issued for the development

 

31.       A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

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

 

32.       The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

33.       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.

 

34.       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.

 

35.       Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

i)          appoint a Principal Certifying Authority for the building work, and

 

ii)         appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)         unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

iv)        give at least two days notice to the Council, in writing, of the persons intention to commence building works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

36.       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.

 

37.       A sign must be erected and maintained in a prominent position on the site, which contains the following details:

·      name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·      name, address and telephone number of the Principal Certifying Authority,

·      a statement stating that “unauthorised entry to the work site is prohibited”.

 

38.       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.

 

39.       An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

The relevant requirements of the Environmental Planning & Assessment Regulation 2000 and relevant conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

42.       A 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.

 

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

 

44.       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 potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

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.

 

45.       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.

 

46.       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.

 

47.       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:

 

48.       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.

 

49.       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”.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

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

 

56.       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.

 

57.       The use of any rock excavation machinery or any mechanical pile drivers is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

58.       Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

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

 

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

 

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

 

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

 

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

 

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

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

·        location of site storage areas/sheds/equipment;

·        location of building materials for construction;

·        provisions for public safety;

·        dust control measures;

·        site access location and construction

·        details of methods of disposal of demolition materials;

·        protective measures for tree preservation;

·        provisions for temporary sanitary facilities;

·        location and size of waste containers/bulk bins;

·        details of proposed sediment and erosion control measures;

·        construction noise and vibration management.

 

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

 

63.       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.

 

64.       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.

 

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

 

Details of the proposed sediment control measures are to be detailed in a soil and water management plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

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

 

66.       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

 

67.       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.

 

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

 

69.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)       $5000.00         -           Vehicular crossing deposit

 

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

 

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

 

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

 

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

 

b)           Remove 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 for the full site frontage except opposite the vehicular entrance and exit points.

 

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

 

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

 

f)            Construct a stormwater drainage line, with associated works, along the Oberon St frontage that connects to Alexander St gutter converter. The drainage works shall be constructed in accordance with the Council approved drainage design. (The applicant is to have submitted drainage plans approved by Council’s Drainage Engineer prior to the issuing of a construction certificate)

 

75.       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.

 

76.       The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

77.       The driveway opening at the Oberon Street frontage must be a minimum 3.5 metres wide and located at least 1.5 metres clear of the side property.

 

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

 

78.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

Driveway Entrance – RL 55.70 AHD (refer to survey plan for level)

 

Pedestrian Gate Entrances – Match the existing council footpath levels at these locations

 

79.       The internal footpath from the pedestrian entrances are to be designed with a high point of RL 55.70. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

80.       The design alignment levels (concrete/paved/tiled level) issued by Council 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.

 

81.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $897.00 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

82.       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.

 

83.       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.

 

84.       Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

88.       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.

 

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

 

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

 

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

 

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

 

OR

 

All site stormwater must be discharged by gravity via a private drainage easement through an adjoining private property (or properties) 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.

 

Should the applicant demonstrate that all reasonable attempts to procure the private drainage easement referred to in the previous condition have failed, a pump system (or infiltration system subject to Council's requirements and a satisfactory Geotechnical Engineers report) may be permitted.  The pump system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

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

 

91.       Prior to the issuing of the construction certificate the applicant is to have approved by Council’s Drainage Engineer full construction plans for the proposed stormwater drainage line along the Oberon St frontage and running into Alexander St. The applicant is to liaise with Council’s Drainage Engineer (Mr Paul Tatham) regarding Council’s requirements/specifications for the subject drainage works.

 

The construction plans shall include but not limited to long sections with chainages, levels & grades, pit details, location of public utility services, set-out marks for construction etc

 

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

 

93.       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.

 

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

 

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

 

96.       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).

 

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

 

98.       Stormwater pipes shall be located in accessible locations.

 

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

 

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

 

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

 

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

 

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

c.       prior to stormwater discharging into any absorption/infiltration system.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·        A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

102.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

b)           Finished site contours at 0.2 metre intervals;

c)           Volume of storage available in the detention areas;

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

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

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

 

105.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

106.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the level 1 units or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

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

 

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

 

108.     The garbage room areas will have to be designed so as to be able to contain a total of 10 x 240 litre bins (5 garbage bins & 5 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

109.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

110.     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 development.

 

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

 

111.     The landscaped areas shown on the plan number LO1D, dated 25th August 2003, Issue D shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority or {the Director of Assets & Infrastructure in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979}, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.           A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), 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 trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

g.             The landscape plan shall show a minimum number of 4 x 45 litre broad canopied trees (not palms) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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

 

i.              The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species, that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

j.              In order to reduce the amount of stormwater generated by the site, porous paving shall be used in all pathways not over slab. Details are to be provided with the construction certificate application.

 

k.             Location of easements within the site and upon adjacent sites (if any).

 

112.     The landscape plan will also be required to show the following amendment;

 

a.             The proposed use of Leptospermum laevigatum (Tea tree) along the western boundary of the site is not supported due to its poor performance and appearance once mature. As such, this species shall be deleted from the planting plan and schedule, with a suitable alternative, that is capable of attaining a minimum height of 6m at maturity to be chosen in its place.

b.             The proposed replacement planting of Eucalyptus scoparia (Wallangarra White Gum) in the north-western corner of the site is not supported due to this species susceptibility to pest attack from Thaumastocoris species.  As such a suitable advanced (minimum 45 litre supply size) tree species, capable of achieving a minimum height of 8m at maturity shall be selected for this area.

 

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

 

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

 

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

 

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

 

115.     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.

 

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.

 

116.     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/sub grade 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.

 

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

 

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

 

118.     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.

 

Tree Management

 

119.     The applicant shall submit a total payment of $478.00 to Council,

 

a.       Being the cost for Council to supply and install 3 x 45 litre street trees (Banksia integrifolia, Coastal Banksia) to the west of the proposed driveway at the completion of all works ($435.00 + 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.

 

120.     Approval is granted for the removal of the following trees subject to the planting of 4 x 45 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

One Ulmus parvifolia (Chinese Weeping Elm) of approximately 8 metres in height in the centre of the rear yard

a)       One Callistemon viminalis (Bottlebrush)

b)       One Melaleuca quinquinervia (Broad Leafed Paperbark)

c)       One Eucalyptus scoparia (Wallangarra White Gum)

d)       One tree (species undetermined) in the northwest corner of the site

e)       One Callistemon species (Bottlebrush) and one tree (species undetermined) along the western boundary

 

NOTE: Should the applicant wish to retain tree 51.c, protection measures as detailed in the Arborists Report will need to be applied.

 

121.     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.

 

122.     In order to minimize damage to the tree during construction, permission is granted for the selective pruning of branches from the Agonis flexuosa (Willow Myrtle) located in the rear yard, as detailed in the Arborists Report. 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.’

 

Tree Protection Measures

 

123.     In order to ensure the retention of the Agonis flexuosa (Willow Myrtle) tree located in the rear yard in good health, the following measures are to be undertaken:

 

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

 

b.             The tree is to be physically protected by the installation of protective fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 3 metres from the outside edge of the tree trunk.

 

This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

c.             Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area and no stockpiling of soil or rubble.

 

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, stormwater infiltration systems, paving etc within 4 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

e.             The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

f.              A refundable deposit in the form of cash or cheque of $430.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

1

 

Agonis flexuosa (Willow Myrtle)

 

$430.00

 

 

 

TOTAL

 

$430.00

 

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

 

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

 

Generally, the applicant will be required to comply with the recommendations relating to this tree that are contained in the Arborists Report.

 

124.     In order to ensure the retention of the Eucalyptus scopria (Wallangarra White Gum) located in the rear yard in good health, the following measures are to be undertaken:

 

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

 

m.            The tree is to be physically protected by the installation of protective fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 4 metres from the outside edge of the tree trunk.

 

This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

n.             Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area and no stockpiling of soil or rubble.

 

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.

 

o.             Any excavations required for footings, structures, retaining walls, basement carparks, services, pipes, stormwater infiltration systems, paving etc within 5 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

p.             The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

q.             A refundable deposit in the form of cash or cheque of $750.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

1

 

Eucalyptus scoparia (Wallangarra White Gum)

 

$750.00

 

 

 

TOTAL

 

$750.00

 

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

 

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

                     

Generally, the applicant will be required to comply with the recommendations relating to this tree that are contained in the Arborists Report.

 

125.     In order to ensure the retention of the Melaleuca quinquinervia (Broad Leafed Paperbark) located in the rear yard in good health, the following measures are to be undertaken.  NOTE: Although the following tree is shown for retention on the plans, approval is granted for its removal.  If this tree is removed as part of the works, an advanced replacement (minimum 45 litre supply size) tree species that is capable of achieving a minimum height at maturity of 6m shall be selected for this area.   Therefore the following requirements will only apply if the applicant chooses to keep the Melaleuca quinquinervia (broad leafed paperbark):-

 

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

 

b.             The tree is to be physically protected by the installation of protective fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 2 metres from the outside edge of the tree trunk.

 

This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

c.             Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area and no stockpiling of soil or rubble.

 

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, stormwater infiltration systems, paving etc within 3 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

e.             The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

f.              A refundable deposit in the form of cash or cheque of $680.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

AMOUNT

 

1

 

Melaleuca quinquinervia (broad leafed paperbark

 

$680.00

 

 

 

TOTAL

 

$680.00

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

e)     Part E1         -         Fire fighting equipment

f)      Part E2         -         Smoke Hazard Management

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

h)     Part F2         -         Sanitary and other facilities

i)      Part F4         -         Light and ventilation

 

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

 

A2.      In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

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

 

A3.      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID PIRIE

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNER



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

27 May, 2004

FILE NO:

D/1190/2003Nil

 

PROPOSAL:

 Partial enclosure of existing balcony to a four storey multi-unit housing building.

PROPERTY:

 2/12 Blenheim Street, RANDWICK.

WARD:

 West Ward

APPLICANT:

 Mario Atiumada

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The applicant proposes to partially enclose the first floor balcony to the High Street frontage of an existing 4 storey multi unit housing building.

 

The recommendation is for refusal as the proposal represents a piecemeal balcony enclosure to the High Street Façade of the building and will not satisfy the requirements of Councils Multi Unit Housing Development Control Plan.

 

2.    THE PROPOSAL

 

The applicant proposes an aluminum framed glass enclosure of the south western corner of the first floor balcony to the High Street frontage of the existing 4 storey residential flat building.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Blenhiem Street between Botany and Clara Street in Randwick.  A rectangular shaped block with street frontages to Blenheim and High Streets, the site contains a four storey red brick residential flat building with driveway to the side and garage under.  An existing enclosure is located the south western corner of on first floor balcony to the Blenhiem Street frontage.

 

Neighbouring the property to the north is a four storey residential flat building with garages under.  To the south is a similar four storey residential flat building with garages under.  The surrounding area predominantly contains residential flat buildings with the Prince of Wales hospital located directly across the road from the subject site in High Street.

 

4.    HISTORY OF SITE USEAGE

 

BA/234/1965 – Residential Flat Building, six flats – Approved: 15 December 1965.

 

There is no record of approval for the existing balcony enclosure on the Blenheim Street elevation of the building.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan- Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

5.1  Objections

 

Mr and Mrs Coull 2/29 Carr Street Randwick (Owner 6/ 12 Blenheim Street Randwick).

 

The owner of Unit 6 has lodged the following objections:

‘As the owners of unit 6/12 Blenheim Street Randwick we would like to strongly object to the proposed development application to partial enclosure of existing balcony as per reference 03/01190/GE.

 

We feel this enclosure will ruin the complete appearance of the High Street façade and reduce the resale value of the property.’

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

        Building conditions have been provided for inclusion with any consent granted.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

32 - FSR

0.65:1 (316.4m2)

1.13:1 (548.5m2)

No1

1SEPP 1 objection submitted

 

A detailed assessment of the proposal against the clauses of the LEP dealing with height and FSR is provided in sections 8.1. of this report (below).

 

7.1  Policy Controls

a.    Development Control Plan No. Multi Unit Housing

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1     Development Control Plan – Multi Unit Housing

 

Density

 

The FSR of the proposal is 1.13:1 (548.5m2) and exceeds the maximum permissible under clause 32(2) of the RLEP 98 for a development on the site, being 0.65:1 by 232.1m2.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clauses 32(2) (FSR) of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

‘As this will be the second unit to be partially closed and both being on the same floor, first floor level above the garage and garden area it would balance off the look of the building on this first floor.

 

There are no units below this level to cause an inconvenience to.

 

The only reason that I would like to close in this section of the balcony is that on the 19 October 2003 this unit was broken-into from the area of the balcony and by smashing the glass in the door leading from the lounge room onto the balcony.

 

I am of an age of 74 years and although quite active and in good health I have to admit to feelings of nervousness since the break-in occurred.  From the point of view of my personal safety I feel this partial closing of the balcony would go quiet a long way to making me feel safe in my own home unit.  I would point out that I live alone and this is another reason why I feel I need to take such safety precautions.’ 

 

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

 

Notwithstanding that the additional floor area from the enclosure of the balcony will be approximately 8.5sqm, increasing the floor space ratio of the building from 1.11:1 to 1.13:1, it is not considered that the applicant has sufficiently has addressed the aims and objectives of Clause 32 of the Randwick Local Environmental Plan as the applicant has not stated if the proposed density increase will be in keeping with the bulk and scale of adjoining and neighbouring buildings. 

 

In addition to this the proposal will set a precedent for further enclosures to the building. The cumulative impact of balcony enclosures to the building will increase the visual bulk of the building, removing depth to the façades and provide a bland, banal building devoid of architectural interest.

 

It is therefore considered that the SEPP 1 objection is not well founded.

 

Landscaping and Private Open Space

Councils Multi Unit Housing Development Control Plan discourages the piecemeal enclosure of balconies, particularly in buildings where no balcony enclosures exist.  The building has an existing balcony enclosure to the Blenheim Street frontage, however no record of approval can be found for the structure. There are no balcony enclosures existing on the High Street frontage. 

Given that there is no balcony enclosure on the High Street façade of the building it is considered that the enclosure of the balcony will result in a piecemeal balcony enclosure and will detract from the symmetrical appearance of the three existing open balconies to the High Street façade of the building and have a detrimental impact on the streetscape of High Street.  It is therefore considered that the proposal will not satisfy the requirements of the Multi Unit Housing Development Control Plan.

 

The applicant has stated that the balcony enclosure is required to provide additional security to the dwelling due to a recent break-in, where the assailant gained access through a set of double doors opening onto the balcony.  While it is understandable that the applicant is concerned that a future break in may occur, other measures such as replacement of the double doors and providing security grills to external doors and windows could also achieve the security objectives of the applicant.

 

9.    CONCLUSION

 

The proposed balcony enclosure will not comply with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of the DCP for Multi Unit Housing and will result in an adverse impact upon the symmetrical appearance of the building and the streetscape of High Street.  It is therefore recommended that the proposal be refused.

 

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. D/1190/2003 for Partial enclosure of existing balcony to a four storey multi unit housing building. at 2 /12 Blenheim Street Randwick for the following reasons:

 

1.       The proposal represents a piecemeal balcony enclosure and will detract from the symmetrical appearance of the three existing open balconies to the High Street façade of the building and have a detrimental impact on the streetscape of High Street.

 

2.       The proposal does not satisfy the requirements of Councils Multi Unit Housing Development Control Plan, in relation to private open space.

 

3.       The proposal will set a precedent for further balcony enclosures within the building which will cumulatively impact upon the visual bulk and aesthetic appearance of the building.

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

SIMA TRUUVERT

SHAUN HEHIR

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

27 May, 2004

FILE NO:

999/03

 

PROPOSAL:

 Alterations and first floor additions to existing dwelling house.

PROPERTY:

 238 Beauchamp Road, MATRAVILLE

WARD:

 South Ward

APPLICANT:

 M Gregory

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application details alterations and first floor additions to the existing dwelling house including a new balcony to the rear upper level of the dwelling.

 

The application is referred to Council for determination at the request of Councillor’s White, Andrews and Sullivan.

 

The main issue is the impact that the proposed alterations and additions will have upon the amenity of the adjoining premises, particularly with regard to loss of privacy.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application details alterations and additions to the dwelling including a new patio to the rear ground level and to the first floor level and additions to provide for a new family room with two new balconies. An existing balcony to the rear upper level will be converted into floor area for the family room addition. The proposed works will provide for 47sqm of additional floor area to the dwelling.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject premises are on the northern side of Beauchamp Road adjacent to the corner of Dive Street Matraville. The site is an irregular shaped allotment having a street frontage of 12.19m and a depth of 25.92m to the eastern boundary and 40.245m to the western boundary and a total area of 403sqm. At present there is a single part two storey dwelling on the site. Immediately adjoining the subject premises are two storey dwellings to the east and a three storey large multi unit housing development to the west.

 

4.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP- Public Notification.

 

The following submissions were received:

 

Objections

 

G & P Parker of 27/236 Beauchamp Road Matraville

 

-the proposal will result in a loss of privacy and light and devaluation of their property.

 

B & B Wood of 116/236 Beauchamp Road Matraville

 

-the proposal will result in a loss of privacy and light and devaluation of their property.

 

E Lankam of 104/236 Beauchamp Road Matraville

 

-the proposal will result in a loss of privacy and light and devaluation of their property.

 

E Duncombe of 107/236 Beauchamp Road Matraville

 

-the proposal will result in a loss of privacy and light and devaluation of their property.

 

L Debono owner of 14 Dive Street Matraville

 

-the extension of the balcony to the first floor will result in a loss of privacy.

-the new balcony may result in a noise nuisance due to the use of the area for entertaining.

-work has already started to this balcony.

 

M Bartlett occupier of 14 Dive Street Matraville

 

-the balcony is almost complete.

-there will be a loss of privacy due to the use of the balcony.

-two trees which afforded privacy along the subject boundary have been removed.

 

M & M Polanco of 16 Dive Street Matraville ( 2 submissions )

 

-the addition will result in a loss of light to the windows in the western elevation of their premises which will result in a detrimental impact upon the occupants.

-there already has been nuisance caused by the current building works.

-there will be an increased loss of privacy.

-there is already constant noise from the premises.

-the proposed development will result in environmental damage.

 

Comment:

 

It should be noted that there was an existing upper level balcony to the rear of the dwelling which has recently been repaired and this is the building work which has commenced which some of the objector’s mention. Part of this proposal intends to enclose this balcony to form an addition to the family room and then erect a new balcony to the rear of the family room. No building work has been commenced which is the subject of this application.

 

It is considered that the proposed new balcony to the rear of the dwelling will have an impact upon the privacy to the adjoining premises, particularly those in Dive Street. There is already a degree of overlooking into the private outdoor areas of these premises from the existing upper level rear balcony and the erection of a sizable new balcony further towards the rear will significantly increase the amount of direct overlooking into these premises. Notwithstanding the proposed screen planting to adjoin the rear boundary, it is not possible to mitigate the loss of privacy by screening in the short term, as this would require the enclosure of the whole balcony, or the redesign and recessing of the balcony which given the nature of the changes required, could not be conditioned. For these reasons, it is recommended that a condition of consent require that the proposed new balcony be deleted from the application.

 

With regard to overshadowing to the adjoining premises, the shadow diagrams indicates that the actual degree of additional overshadowing to the adjoining premises will not be significant and the minimum preferred solution of the DCP with respect to solar access is maintained and the north facing windows to living areas of the adjoining properties receive at least 3 hours of sunlight over at least part of their surface between 9:00am and 3:00pm on 21 June.

 

It is acknowledged that there will be a loss of outlook from windows within the western elevation of the objector’s premises at 16 Dive Street, however the primary northern aspect of the dwelling remains unaffected by this proposal.

 

With respect to any nuisance caused by building works, suitable conditions with regard to hours of building works, storage of materials and equipment and noise generated can adequately address these concerns.

 

5.    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 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:-

 

Development Control Plan for Dwellings and Attached Dual Occupancies

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE, how applicant has achieved performance  requirements of performance solutions

 FLOOR AREA

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

FSR = 0.6:1

No – 0.62:1 (see Section 6.1)

HEIGHT, FORM & MATERIALS

P1 Height relates to surrounding streetscape

 

P2 Designed to enhance built form and character of the street

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

Yes – 6.5m

BUILDING SETBACKS

P3 Building form and setbacks allow adequate access to natural light, daylight and fresh air

S3 side setbacks are no less than 900mm for any part 1m above ground level and no less than 1500mm for any part of a building the height of which at two levels at that point

No – 980mm from eastern side boundary and 905mm from western side boundary (see Section 6.1).

VISUAL AND ACOUSTIC PRIVACY

P1 Overlooking of internal living areas and private open spaces is minimised and where necessary screening devices are installed

S1 Where direct overlooking is available into private open space of an existing dwelling, balconies are obscured or screened within 9m and beyond a 45 degree angle from the plane of the wall

No (see Section 6.1).

SOLAR ACCESS AND ENERGY EFFECIENCY

P9  The design and siting of new buildings or alterations and additions to existing buildings minimises loss of solar access to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings

S9 North facing windows to living areas of neighbouring dwellings receive at least 3 hours of sunlight over at least part of their surface between 9.00am to 3.00pm on 21st June.

 

S9 The principal outdoor recreation space of neighbouring dwellings receives at least 3 hours sunlight over at least part of it’s area between 9.00am to 3.00pm on 21st June

Yes

 

6          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.

 

6.1       Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

Floor Area

 

The objective and performance requirements of the DCP are that developments are not excessive in bulk or scale, compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street.

 

The proposed floor space ratio of the dwelling (0.62:1) does not comply with the preferred solution maximum of 0.6:1 of the DCP. However, there are no major objections to the non compliance with the DCP preferred solution in that the degree of non compliance is not significant, representing 10sqm of floor area and will not result in any adverse impact upon the amenity of the adjoining premises. In addition the overall bulk and scale of the dwelling will not be incompatible with the surrounding development, including the adjoining three storey multi unit housing development immediately to the west of these premises.

 

Building Setbacks

 

The objectives and performance requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours, and with respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape.

 

Preferred solutions include that side setbacks be 900mm for any part of the building at ground level and 1.5m at first floor level, and that no part of the building is closer than 4.5m from the rear boundary.

 

The proposed extension of the first floor level maintains the existing side boundary setback of 980mm from the eastern and 905mm from the western side boundaries. These setbacks do not satisfy the preferred solution of the DCP, however these setbacks are acceptable in that these upper level setbacks are consistent with the setbacks of the single dwellings on adjoining and nearby premises, and there will not be any adverse impact upon the amenity of the adjoining premises.

 

Visual & Acoustic Privacy

 

The objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The performance requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies and where necessary, separation, screening devices and landscaping.

 

With respect to the impact upon the levels of privacy to the adjoining premises in Dive Street, it is already possible to look directly into the rear outdoor living areas of these premises from the existing balcony at the rear of the dwelling, and if a new balcony is erected further towards the rear of the premises sited only 4.5m from the rear boundary, this degree of overlooking will be substantially increased, which will lead to a significant adverse impact upon the amenity of the adjoining premises. In this instance it is not possible to adequately install privacy screens to this balcony in that it would require the enclosure of the entire balcony. For these reasons a condition is included to require that this balcony be deleted from the application.

 

It is noted that there are no window openings on the western elevation of the proposed first floor additions to provide adequate solar access into the living areas.  It is therefore considered appropriate to impose a condition, which requires the provision of highlight windows to the western elevation of the proposed first floor addition for a more energy efficient design and details of the number, size and location of the window are to be approved by the Director of Planning and Community Development prior the issuing of a construction certificate (see Condition 3).

 

7          CONCLUSION

 

It is considered that the proposed alterations and additions to the dwelling will not be unreasonable and will not result in an adverse impact upon the amenity of the adjoining premises subject to the imposition of appropriate conditions including a condition to delete the proposed new balcony to the rear of the dwelling.

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.999/03 for permission to carryout alterations and additions to the dwelling at 238 Beauchamp Road Matraville subject to the following conditions: -                                                                                              

1.         The development must be implemented substantially in accordance with the plans numbered 56/03, dated 19th March 2004 and received by Council on the 25th March 2004, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.         Two (2) highlight windows with a minimum sill height of 1700mm (measured from the first floor level) and 1200mm in width and 400m in height are to be provided to the western elevation of the proposed first floor addition to maintain adequate access of light and ventilation to the dwelling house.  Details of compliance are to be submitted to and approved by Council’s Director of Planning & Community Development, in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

4.         The colour and texture of the brickwork is required to match, as closely as possible, the existing external walls of the building.

 

5.         The design and colour of the roof tiles to the proposed building/s are required to match, as closely as possible, the material and colour of the existing roof.

 

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

 

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

 

7.         External timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

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

 

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

 

8          The proposed first floor balcony to the rear of the dwelling will result in a significant loss of privacy to the outdoor living areas of the adjoining premises and the balcony is to be deleted from the application. Plans accompanying the Construction Certificate are to be amended accordingly.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

9          Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

Absorption pits or soaker wells must be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

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

 

10      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

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

 

12        Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

13        Prior to the commencement of any building works, the person having the benefit of the development consent must: -

 

i)    appoint a Principal Certifying Authority for the building work; and

 

ii)   appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing; and

                                                  

iii)  unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

iv)  give at least two days notice to the Council, in writing, of the persons intention to commence building works.

 

            In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

14        The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 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 consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

15        A sign must be erected and maintained in a prominent position on the site, which contains the following details:

 

·                    name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable);

 

·                    name, address and telephone number of the Principal Certifying Authority; and

 

·                    a statement stating that “unauthorised entry to the work site is prohibited”.

 

 

16      An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

The relevant requirements of the Environmental Planning & Assessment Regulation 2000 and relevant conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

17      In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the provisions 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 principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.2% of the cost of the works.

 

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

 

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

 

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

 

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

 

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

 

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

 

20        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”.

21        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 made available to the Council officers and all building contractors for assessment.

 

22        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.

 

23        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.

           

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

 

25        Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval 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 Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

26        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

 

27        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.

 

ATTACHMENT/S:

 

Nil

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

DEVELOPMENT ASSESSMENT OFFICER

 

 

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

27 May, 2004

FILE NO:

D/0203/2004

 

PROPOSAL:

 Construction of a new spa pool at the front deck level of the existing semi-detached dwelling house.

PROPERTY:

 172 Beach Street, COOGEE.

WARD:

 East Ward

APPLICANT:

 Mrs P Godwin

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The application seeks consent to construct a spa pool and timber balustrade at the front deck level of the existing semi-detached dwelling.  The estimated cost of development is $5,000.

 

The main issues for consideration are the siting of the proposed spa and the potential for noise and privacy impacts. These issues are addressed in Section 7.3 of this report.  

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application seeks consent to carry out the following works:-

 

-     Construction of a spa pool at the front deck level above the existing garage; and

-     Construction of a section of new timber balustrade 7.9m in length and 1m in height, adjacent to the existing northern side boundary wall/fence.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Beach Street between Carr Street and Dudley Street and has a frontage to Beach Street of 6.68m, a rear boundary of 7.15m, a southern side boundary of 36.23m, an irregular northern side boundary of approximately 36.27m and an area of 234sqm. The site contains a two storey semi-detached dwelling house. The northern wall of the dwelling is a common wall, shared with the adjacent semi-detached dwelling at 170 Beach Street.

 

Most of the site is set well above the level of Beach Street such that the site drops steeply from the front of the dwelling down to street level. The surrounding area is largely residential and includes detached dwelling houses, semi-detached dwelling houses and multi-unit housing buildings.

 

4.    SITE HISTORY

 

a.    HISTORY OF SITE USAGE RELEVANT TO THE APPLICATION

 

03/00411/GA

New front garage with deck above and new balconies to front of existing semi-detached dwelling. Approved on 16/06/03.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan for Public Notification of Development Proposal and Council Plans.  The owners of adjoining properties were notified of the proposed development on 31 March 2004. As a result of this notification, the following submissions were received:

 

5.1  Objections

 

Robert Dwyer & Ruth Maddigan - 174 Beach Street, Coogee

 

1)         The siting of the spa on the front terrace of the property is entirely inappropriate. 

 

Comment:

 

It is acknowledged that the location of the proposed spa has the potential to cause disturbance to the occupants of the adjoining properties in terms of privacy and noise.  However, it is noted that the subject and adjoining properties all overlook their neighbour’s front decks and garden areas and these areas can all be used for social and outdoor entertaining purposes. It is therefore considered that the proposed spa is acceptable as it will be an additional facility to the existing deck which can be used for social and entertaining purposes (see Section 7.3 for detailed discussion).

 

2)         The noise associated with the use of the spa would destroy their amenity.

 

Comment:

 

The applicant has stated in the Statement of Environmental Effects accompanying the application that the equipment associated with the proposed spa will be located below the balcony, in the subfloor area.  This issue is addressed in detail in Section 7.3 of this report. 

 

3)         The location of the spa presents a safety hazard to the occupants of the adjoining properties.  Young children could easily access the terrace area from the adjoining houses and the street. A safety fence would be inappropriate to, and destroy the sympathetic restoration/refurbishment of the front elevations of this row of circa 1912 dwellings.

 

Comment:

 

As stated in the Statement of Environmental Effects, the proposed spa will be equipped with clip-down covers, which will restrict access to the water contained in the spa pool.  In addition, the applicant is prepared to install additional fencing and a gate, to match the balustrade, across the western side of the spa, which will also provide some additional screening when viewed from the ground floor of the adjoining properties. To ensure the spa pool meets the requirements of the Swimming Pools Act 1992 and regulations, relevant conditions have been included in the recommendation of this report to address the safety issue (see Section 7.3 for detailed discussion).

 

Simon Poidevin - 170 Beach Street, Coogee

 

1)         The spa is in a dangerous location with ready access to his young children and the addition of security fence would be of detriment to the existing preservation of the front elevations of this row of circa 1912 dwellings.

 

Comment:

 

As noted previously, the spa will be equipped with clip-down covers, which will restrict access to the water contained in the spa pool and be required to comply with the requirements of Swimming Pools Act 1992 (see Section 7.3).

 

2)         The dwelling at No. 174 Beach Street have bedrooms immediately above the spa area and the noise associated with the use of the spa would be exceptionally distressing to the neighbouring properties.

 

Comment:

 

It is acknowledged that the use of the spa pool may result in noise generation and to an extent will depend on the actions of individuals using the spa.  Given the existing front deck can be used as an outdoor entertaining area, which may generate more noise than the spa, it is therefore considered unreasonable to refuse the application based on the above issue. However, it is considered appropriate to impose a condition in the recommendation of this report to restrict the hours of operation of the spa equipment (see Condition 14).   

 

3)         The spa’s location on the front terrace will have adverse impact upon the amenity of the adjoining neighbours in terms of privacy, security and safety.

 

Comment:

 

This issue is addressed in Section 7.3 of this report.

 

5.2  Support

 

The applicant’s architect has responded to the matters raised in the two letters of objection and the comments are as follows:-

 

1)     Safety

 

The proposed spa complies with the requirements of Swimming Pools Act 1992.  Access to the water contained in the spa pool will be restricted, a secured cover will be provided at all times when the spa pool is not in use.

 

2)     Noise

 

a.     The subject property and its neighbours each have one bedroom at the front on the first floor, and one or two bedrooms at the rear.  One of the immediately adjoining properties (174 Beach Street) has a swimming pool in its rear yard, as do other properties (168 and 168A Beach Street) in the same row of attached houses.

b.     A spa pool is a permissible use on this site.  Whether a spa pool is located to the front or the rear garden, its use will be the same.  The use of a swimming pool potentially could generate more noise than the use of a spa, which is a passive use.

c.     The spa pool plant will be completely contained within a masonry and concrete subfloor space, and consequently will not have adverse noise impacts on neighbouring properties.

d.     The street (eastern) side of these properties is exposed to the sounds of road, wind, ocean and the public to a much greater degree than the western side; and consequently the ambient noise level is higher on the east side.

e.     Sound generated on the eastern side will dissipate more readily, as there are few reflective surfaces.

 

3)     Privacy

 

a.         The spa is sited in a position that is well screened from view from 174 Beach Street by a timber balustrade that forms a part of the original consent.

b.         The spa is screened from view from 170 Beach Street by a timber balustrade that will extend one metre above deck level.  The sketches SK01 to Sk03 dated 15 April 2004 demonstrate that a person using the spa is well screened from 170 Beach Street, as that person’s head would be closer to deck level than to the top of the balustrade.  The only point from which the spa would be visible from a neighbouring property would be from the first floor balcony of 170 Beach Street, looking down to the south.  Even this view will be partly screened by the balustrade.

c.         Planting to the east of the spa will provide additional privacy.

d.         The existing properties all overlook their neighbour’s front gardens.  All have outdoor deck or garden areas at ground floor level that are exposed to their neighbours’ view.  Many have first floor balconies that also overlook their neighbours’ properties.  All neighbours accept this situation.

 

4)     Security

 

The propose spa will have no effect on the security of neighbouring properties.

 

5)     Passive recreation

 

Sitting in a spa is passive recreation.  It will not compromise the current passive recreation uses.

 

In the row of attached houses (166 to 176 Beach Street), only the subject site has a truncated back yard.  Due to the geometry of the subdivision, the other properties all extend much further to the west.  Some of them incorporate swimming pools.  The subject site has a small garden area at its rear.  The proposed spa pool provides an amenity for the property without further reducing the area of the western garden, and without adversely affecting the amenity of the neighbouring properties.

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2C under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council’s consent.  The site is located within the Foreshore Scenic Protection Area.

 

6.1  Policy Controls

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

 

7.    ENVIRONMENTAL ASSESSMENT

 

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

 

7.1   Randwick Local Environmental Plan 1998

Clause 29: Foreshore scenic protection area

 

Clause 29 of the LEP requires that Council can only grant consent after consideration has been given to the aesthetic appearance of the proposed building in relation to the foreshore.

 

The proposed spa would not detract from the character of the foreshore scenic protection area.

 

7.2   Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

Foreshore Development

 

The objective of the DCP is to protect the landscape qualities and aesthetic appearance of ocean foreshore areas.

 

The performance requirements include that ancillary structures do not detract from the appearance of developments and are sympathetic to the landscape and visual qualities of the foreshore.

 

It is noted that the proposed timber balustrade will be the only structure that will be visible from the street.  The spa pool will be sited in the deck level, behind the planter boxes.  It is not considered that the proposed structure will detract from the appearance of the dwelling or the character of the locality as it represents a minor structure on the site.

 

7.3 Amenity

 

As noted above, concerns are raised regarding the location and safety of the proposed spa pool and the noise generated from the spa pump and equipment.

 

It is acknowledged that the proposed spa pool will be located adjacent to the existing stairway to the main front entry of the adjoining dwelling at 170 Beach Street and a section of 1m high timber balustrade will be erected adjacent to the existing northern side boundary fence/wall to minimise the capacity for privacy loss to the front deck/garden areas of 170 and 174 Beach Street.  It is acknowledged that the use of the spa pool has the potential to cause disturbance (in terms of noise and privacy) to the occupants of the adjoining properties when it is in use.  Notwithstanding the potential problems with the spa, it is noted that the subject and adjoining properties (Nos. 170, 172 & 174) all overlook their neighbour’s front decks and garden areas and all neighbours are aware of the situation.  In addition, the existing front deck area can be used for outdoor entertainment purposes and the spa pool will be an additional facility for that purpose.   

 

In terms of the noise from the equipment associated with the spa, the proposal is considered to be acceptable in that the spa pump and equipment will be located within the sub-floor area, under the ground floor deck level.  Any noise generated from the spa pump and equipment is likely to be absorbed by the existing concrete brick/sandstone.  However, in order to minimise noise emissions and possible nuisance to nearby residents, an appropriate condition has been included to ensure the operations of the spa equipment will not cause any undue noise to the adjoining properties (see Condition 14). 

 

It is acknowledged that the use of the spa may result in noise generation and the level of noise generated will depend on the actions of individuals.  It is difficult for Council to control the level of noise generated from the use of the spa, other than its associated equipment.  However, by restricting the hours of operation of the spa pool pump and equipment, the full use and operation of the spa pool will be restricted.      

 

In terms of the safety issue, the proposed spa pool is considered to be acceptable in that it will be equipped with the clip-down covers, which will restrict access to the water contained in the spa pool.  In addition, the applicant is prepared to install additional fencing and a gate to the western side of the spa, which will prevent unauthorised access to the spa when it is not in use. Appropriate conditions have been imposed in the recommendation of this report to address the safety matters (see Conditions 3, 13 & 15).  

 

8    CONCLUSION

 

The proposal satisfies the relevant assessment criteria and may be approved subject to appropriate conditions.  Having regard to all relevant matters for consideration, the proposal is unlikely to result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the locality.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 0203/2004 for permission to construct a spa pool and timber balustrade at front deck floor level of the existing dwelling at 172 Beach Street, Coogee, subject to the following conditions: -

 

1.           The development must be implemented substantially in accordance with the plans numbered CC03B, CC06A, CC08A-10A Issue A, dated 20 May 2003 and received by Council on 23 March 2004, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.       A timber balustrade and gate having a height of 1m (measured from the front ground floor deck level) is to be provided to the western side of the spa pool, as shown on a facsimile from Habitat Architects, dated 17 May 2004 and received by Council on 17 May 2004.  Details of compliance are to be provided in the construction certificate plans.

 

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

 

4.       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.

 

5.       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.

 

6.       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.

 

7.       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.

 

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:

 

8.       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.

 

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

 

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

 

Documentary evidence of the building inspections carried out and details of compliance with Council’s approval is to be maintained by the Principal Certifying Authority.  Details of critical phase inspections carried out and copies of certification relied upon, shall be forwarded to Council with the occupation certificate or, upon finalisation of works if no occupation certificate is issued.

 

10.     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.

 

11.     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.

 

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

 

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

 

13.     For the purposes of section 20 of the Act, the prescribed standards in accordance with which access to the water in a spa pool is to be restricted are that the spa pool must be covered or secured by a child-safe structure (such as a door, lid, grille or mesh) that is fastened to the spa pool by a child-resistant device.

 

14.     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

The operation of spa pool pump and equipment is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the equipment shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

§   before 8:00am or after 8:00pm on any Sunday or public holiday; or

§   before 7:00am or after 8:00pm on any other day.

 

15.     The Spa pool is to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 


 

 

Director Planning & Community Development's Report 32/2004

 

 

SUBJECT:

Subdivision Code - Request to alter the laneway delineation requirements for 79 Hannan Street, Maroubra Junction

 

 

DATE:

29 April, 2004

FILE NO:

P/013566

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

 

INTRODUCTION:

 

Emerald Logic House, on behalf of the current owner of the property at 79 Hannan Street, Maroubra Junction, and the future owner of 79-81 Hannan St, has requested the alteration of a road-widening requirement on the property, as set out in Council’s Subdivision Code. The Code requires that, with any subdivision of properties backing onto certain lanes in Randwick City, land must be dedicated along the rear boundary to widen the lane. Given the corner location of 79 Hannan Street location (corner of Glanfield Street and Hannan Street), there is little scope to require any land dedication from the side property boundary to add to the lane with the existing dwelling on site.

 

It is proposed to alter the road dedication requirements outlined in Council’s Subdivision Code, by reducing the dedicated width of road widening to 2m along the Glanfield Street frontage of this property, and requiring 2m x 2m splay corners on the south eastern and south western corners of this allotment.

 

CONSIDERATION:

 

Council’s Subdivision Code (Policy No. 6.01.22) Section C Subdivisions to lanes 6.096m wide, requires with any subdivision that the applicant must dedicate a strip of land 4.57m in depth along the frontage of the lane. The Code aims to improve the road width and traffic flow of these lanes.

 

The subject property, 79 Hannan Street (see attached map), is zoned Residential 3A under Randwick Local Environmental Plan 1998. This property has an area of approximately 366 square metres.

 

The existing dwelling on the property is built to within 1 m (approximately) of the side boundary (extending along the lane known as Glanfield Street), so there is little scope to dedicate any land to add width to the lane with the existing dwelling on site. This is common for properties located at the end of lanes. Nevertheless, the subject site has development potential under the 3A General Business zone, and the owner of 79 Hannan Street and adjacent owner (81 Hannan Street) intend to redevelop.

 

Council’s Assets and Infrastructure Services (A & I) Division has recommended that this property be deleted from the Code, subject to a minor dedication of 2m x2m splay corners on the north eastern and north-western sides of the allotment, and a 2 metre wide dedication along the Glanfield Street frontage. This requirement is based on current RTA guidelines for threshold treatments and road narrowing in residential precincts. The A & I Division notes that this would be sufficient as road widening for this location.

 

CONCLUSION:

 

It is considered that the alteration of the dedication requirements for 79 Hannan Street in Council’s Subdivision Code is reasonable, and will not take place until any redevelopment occurs. Dedication of the 2m width along the Glanfield Street site frontage and the splay corners will allow this property to still be developed when combined with 81 Hannan Street and also provide improved pedestrian and vehicular access to this lane.

 

RECOMMENDATION:

 

It is therefore recommended that Clause 4b of Council’s Subdivision Code, which currently states:

 

‘4. The land in the proposed subdivision fronts one of the following streets:

 

(b) Glanfield Street, Maroubra, between Bunnerong Road and Bruce Bennetts Place,

 

be amended to state:

 

‘4. The land in the proposed subdivision fronts one of the following streets:

 

(b) Glanfield Street, Maroubra, between Bunnerong Road and Bruce Bennetts Place, with the exception of the property at 79 Hannan Street, which requires a road widening of 2 metres along its entire Glanfield Street frontage and in addition, 2m x 2m splay corners on the north eastern and north western sides of the allotment.’

 

ATTACHMENT/S:

 

1. Location Map: 79 Hannan Street

 

 

………………………………

………………………………………………………………

SIMA TRUUVERT

MONICA COLOGNA

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR STRATEGIC plANNER

 

 

 

 

 

 

 

 

Attachment 1

 

 


 

Location Map: 79 Hannan Street, Maroubra Junction

 

 


79 Hannan Street

 


 

Director Planning & Community Development's Report 33/2004

 

 

SUBJECT:

Draft State Environmental Planning Policy (Application of Development Standards) 2004

 

 

DATE:

27 May, 2004

FILE NO:

98/S/3412

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

 

INTRODUCTION:

 

State Environmental Planning Policy No.1 (SEPP1) is a State Government planning policy that provides for applicants to request a variation from a development standard on the basis that it is unreasonable or unnecessary in the circumstances.  These development standards are usually contained in the local environmental plan and relate to controls such as height, floor space ratio or landscaping.  This policy allows flexibility in the development approval process, where variations to development standards would still ensure good planning outcomes.

 

As part of an ongoing review, the Department of Infrastructure, Planning and Natural Resources (DIPNR) has prepared a new draft SEPP (Application of Development Standards) 2004, which would replace SEPP 1.  The draft SEPP was placed on public exhibition on Monday 10 May, with submissions closing on Friday 18 June, 2004.  A description of the new draft SEPP, implications for Randwick City and issues to be included in Council’s submission are detailed below.  A copy of Council’s submission is included as an attachment to this report.

 

BACKGROUND

 

SEPP 1 came into effect in 1980. After 20 years of operation, the State Government undertook a review of SEPP 1 to determine whether it is the best way to achieve flexibility in planning.  A draft amendment to SEPP 1 was exhibited in July 2001.  The general response to the review was that the proposed changes were not the best means of achieving the objective of a flexible planning system.  At the same time, the Independent Commission Against Corruption (ICAC) released a position paper on corruption risks in local government in which SEPP 1 was identified as a potential loophole for misuse of the planning system.  In response to submissions, further consultations and the ICAC paper, a revised draft SEPP (Application of Development Standards) 2004 and supporting guideline has now been prepared and exhibited.

The new draft SEPP, once made, would apply for 4 years, after which time Councils will be required to consider including flexibility clauses in local environmental plans, to encourage sound strategic approaches within their plans. 

 

DRAFT SEPP

 

The draft SEPP (Application of Development Standards) contains three parts:

 

Part 1: contains the aims of the draft SEPP and where it will apply.  The draft SEPP will apply to development (other than complying development) in all LGAs in NSW, including Randwick City. 

 

Part 2: identifies what needs to be provided by the applicant to justify a departure from a development standard.  Applicants will need to demonstrate that the proposed departure from the development standard will: result in a ‘better environmental planning outcome’ and that the proposal will be in the public interest by being consistent with the aims and objectives of the relevant LEP 1998.

 

Part 3: contains miscellaneous clauses for implementing the policy such as transitional provisions for development applications lodged, but not determined, when the policy is made.

 

DIPNR has also produced a draft Planning Guideline to accompany the draft SEPP.  This draft Guideline elaborates on the criteria used to justify a departure from the development standard.  It also identifies additional notification and advertising recommendations and monitoring procedures.

 

ISSUES TO BE INCLUDED IN SUBMISSION

 

A review of the draft SEPP and draft Guidelines has identified the following comments and issues, which are detailed in Council’s draft submission to DIPNR (at Attachment 1 to this report):

·            general support for the draft SEPP which provides for flexibility in assessing development standards and the tightening of the criteria for determining its use.  Support also for the intention of the draft SEPP to shift the onus to the applicant to show how the proposal will result in a better planning outcome, including how the proposal will impact on the broader community; 

·            concern that the assessment of any variations, which must achieve ‘better environmental planning outcomes’, is defined by 3 criteria of ‘exceptional design quality’ ‘social benefit to the community’ or ‘economic benefit to the community’, however these could be weighed against the other rather than all being considered;

·            the Randwick LEP 1998 includes ‘purposes’ for development standards.  These ‘purposes’ should be interpreted in the same way as an aim or objective of the standard, as required by the draft SEPP;

·            the draft Guidelines should be amended to note that advertising and notification should be in accordance with any Council DCP or Policy;

·            the draft SEPP should replace the existing SEPP 1, retaining the name and number (given it is well recognised and easy to electronically record); and

·            concern about the short length of time that the draft SEPP was placed on public exhibition.

 

RECOMMENDATION:

 

It is recommended that:

 

Council note the issues raised in the draft submission to the Department of Infrastructure, Planning and Natural Resources regarding the draft State Environmental Planning Policy (Application of Development Standards) 2004.

 

ATTACHMENT/S:

 

1. Submission to DIPNR

 

……………………………….                                   …………………………………..

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

KERRY LONGFORD

CONSULTANT PLANNER

 

 

 

 

 

 

 

……………………………………

KAREN ARMSTRONG

MANAGER, STRATEGIC PLANNING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact Officer: K. Longford 9399-0890

 

 

 

SEPP Submissions

Policy Reform

Department of Infrastructure, Planning

and Natural Resources

GPO Box 3927

Sydney   NSW   2011

 

 

Dear Sir/Madam,

 

Re: draft State Environmental Planning Policy (Application of Development Standards) 2004

 

Randwick City Council has reviewed the above draft SEPP and notes, in general, the improvements it provides for assessment of flexibility in development standards and the tightening of the criteria for determining its appropriate use.  Council agrees with the intention of the draft SEPP to shift the onus to the applicant to show how their proposal will result in a better planning outcome, including how the proposal will impact on the broader community.  Council offers the following specific comments on the draft SEPP.

 

Criteria for Assessing Applications (Draft Clause 7(3))

In defining ‘better environmental outcomes’ the draft SEPP notes that the extent to which a development proposal departs from development standard could be justified because of unusual site characteristics, or one or more of the following:

(i)               exceptional design quality,

(ii)              social benefit to the community,

(iii)             economic benefit to the community,

It is suggested that the clause be amended to include justification using all three benefits (design/environmental, social and economic benefits) as there may be cases, for example, where ‘economic benefit to the community’ has a detrimental impact on ‘exceptional design quality’.  Alternatively, the clause could require that the departure from the development standard is justified if it meets one or more of the benefits and has a neutral impact on the remaining.

 

Clauses 5(5) and 8(2)

Council considers that the relationship between clause 5(5) (Application of this Policy Development Standards) and clause 8(2) (Development standards relating to subdivision of certain rural and environmentally restricted zones) is difficult to interpret and thus should be simplified. 

 

Aims and Objectives

The draft Guideline requires Council to provide advice to applicants where LEPs do not clearly articulate aims or objectives for development standards.  The Randwick LEP includes objectives for individual zones and also includes a ‘purpose’ for individual development standards.  This ‘purpose’ is equivalent to an objective and should also be noted as sufficient in the draft SEPP.  It is suggested that the draft SEPP (clause 7(2)(b)) be amended to include reference to the aims, objectives or ‘purpose’ of a development standard.

 

Advertising and Notification

The draft Guidelines accompanying the draft SEPP provide recommendations on notification and advertising of development applications submitted under the draft SEPP including, notifying adjoining landowners and ‘any other person who in the opinion of the consent authority may be affected if the development standard is departed from’.  Council has concerns about the inclusion of advertising and notification procedures in the draft Guideline which may override Council’s existing Development Control Plan – Public Notification of Development Proposals.  The draft SEPP should be amended to note compliance with any Council DCP or Policy on notification procedures.  If no DCP or policy exists then the suggested criteria in the draft SEPP could apply.

 

Name of the draft SEPP

It is also suggested, for ease of reference and consistency, that the new draft SEPP replace the existing SEPP 1 and that the numbering and name of the policy be retained.

 

Comments on Exhibition

As a separate issue, Council has concerns about the exhibition times for State environmental planning policies.  The draft SEPP was on exhibition for 40 days, making it quite difficult for Councils to meet reporting deadlines for Council meetings which require up to 2 weeks lead time. 

 

Thank you for the opportunity to comment on the new draft SEPP.  Should you wish to discuss any of the above comments please contact Kerry Longford of Councils Strategic Planning Department on 9399 0890 Monday to Wednesday.

 

Yours sincerely

 

 

Sima Truuvert

Director, Planning and Community Development

 

 

 

 

 

 

 

 

 

G:\TOWN\WP\STRATEGI\SEPPS\SEPP1\submission to DIPNR.doc


 

Director Planning & Community Development's Report 34/2004

 

 

SUBJECT:

Public Exhibition of BASIX – A Randwick Council Submission to DIPNR

 

 

DATE:

8 June, 2004

FILE NO:

98/S/5307

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT 

 

 

 

INTRODUCTION:

 

BASIX, the Building Sustainability Index, is an integrated sustainability tool being developed by the Department of Infrastructure, Planning and Natural Resources (DIPNR).

 

The BASIX tool and associated information was on public exhibition until the end of May. The exhibition material included: the BASIX tool for detached and single attached dwellings (with supporting help notes and design guidelines), detailed practice notes for key stakeholders (including residential developers, consent authorities and certifiers), and the legislation enabling BASIX (including the draft State Environmental Planning Policy, Building Sustainability Index: BASIX, 2004).

 

This report provides an overview of the BASIX tool, and outlines the main issues for Council associated with the implementation of BASIX. Attachment 3 of this report, a BASIX submission compiled by Council, highlights the range of BASIX issues identified by Council for the attention of the Department of Planning, Infrastructure, and Natural Resources (DIPNR). Comments were sought from relevant sections within Council in order to compile the submission, including Strategic Planning, Assets and Infrastructure, Development Assessment, Regulatory Building & Development Control Services, and Building Certification & PCA Services. The BASIX material was only exhibited for a short time, and comments were due to DIPNR by the 31st May. Council officers have forwarded the attached submission to DIPNR and advised DIPNR that the matter is being reported to Council on the 8th of June and any further comments from Council will be forwarded.

 

WHAT IS BASIX

 

BASIX is a computer-based assessment tool that will promote sustainable residential design to ensure that new homes meet the NSW Government’s water and energy efficiency targets. It will be introduced in stages for different types of development, commencing with dwelling houses. From July 2004, new dwelling houses in Sydney will be required to be designed and built to use 40% less mains supply water and produce 25% lower greenhouse gas emissions than average housing of the same type.

 

BASIX will be delivered by DIPNR as a web-interactive tool on the internet. When it comes into force, development applications and complying development certificates for new residential development must be submitted with a BASIX Certificate, which can be obtained by satisfying the requirements of a BASIX assessment. The assessment can be completed by architects and other design professionals or by owner builders using the BASIX tool on the internet. There are a range of elements that can contribute to a favourable assessment such as rainwater tanks, energy efficient hot water heaters, use of natural lighting etc.

 

According to DIPNR, although BASIX will be able to assess the potential sustainability of most types of residential development, there may be some proposals that include certain new or innovative technologies that the electronic tool will be incapable of assessing. In recognition of this, DIPNR has established an alternative method of assessing these proposals. This alternative, known as an ‘alternative pathway’ assessment, will be carried out by an expert ‘Knowledge Group’, and will involve the qualitative and quantitative assessment of the proposal. Proposals assessed under this alternative method will still be required to meet prescribed sustainability targets.

 

The ‘Knowledge Group’ will be established by the Director General of DIPNR, will be headed by an Independent Chair and will comprise of specialist staff from within DIPNR. The ‘Knowledge Group’ will also be responsible for reviewing and monitoring the operation of BASIX.

 

Attachment 1 of this Report, a Draft BASIX Practice Note prepared by DIPNR, provides an overview of BASIX and details the range of other Draft Practice Notes currently on exhibition.  Attachment 2 outlines the process for integrating BASIX into the development approval process in NSW.

 

BASIX: STAGES OF IMPLEMENTATION

 

DIPNR have outlined the following schedule for the implementation of BASIX:

 

TIMING

BASIX CERTIFICATE REQUIRED

1 July 2004

For Development Applications and Complying Development Certificates for new single dwellings lodged in Sydney

August 2004

Exhibition of BASIX tool for multi-unit housing

1 October 2004

For Applications lodged in Sydney for new multi-unit development

1 July 2005

The remainder of NSW will be subject to BASIX for all new housing

1 October 2005

For Alterations to existing residential development throughout NSW

July 2006

The target for greenhouse gas emission reduction increases from 25% to 40% for all new residential development  throughout NSW

Although BASIX will initially focus on aspects of residential energy and water conservation, DIPNR anticipate that the tool will eventually also address indoor amenity, stormwater discharge, landscaping, waste generation, materials, transport and social issues.

 

ISSUES

 

The premise of BASIX is to improve the sustainability of new residential development. Whilst BASIX will undoubtedly have a very positive environmental impact when its application is considered on a State basis, there are some concerns about the impact on Council’s that have become more advanced in their sustainability provisions, including Randwick. In addition, Council will be relying on DIPNR to adequately resource the implementation of BASIX and adopt a continual improvement approach, to ensure the tool remains sustainability best practice and achieves the prescribed results on the ground.

 

When the BASIX comes into effect via a State Environmental Planning Policy it will override Council’s existing energy and water conservation provisions for residential development. For example, Council’s Rainwater Tank Policy in relation to residential development will be superseded by BASIX and applicants will be able to demonstrate compliance with ‘Thermal Comfort’ requirements through a ‘Deemed to Comply’ route or a NatHERS assessment. Council’s Development Control Plans and Development Assessment processes will therefore need to be changed to accommodate BASIX. During the first stage of BASIX implementation Council will need to amend the following Randwick Council Development Control Plans: Dwelling House and Attached Dual Occupancies, Defence Site Kingsford, and Prince Henry (draft), as well as Council’s Rainwater Tank Policy.

 

Another concern for Council is that whilst DIPNR intend to introduce a Stormwater component within BASIX, it will not adequately address regional variations, particularly in relation to flooding. Council’s Assets & Infrastructure Division have provided extensive comment regarding the Draft BASIX Stormwater Technical Manual that was included in the BASIX material on public exhibition.

 

DIPNR currently states that when BASIX comes into force, consent authorities are not under any obligation to consider a development application if a BASIX Certificate is not attached, or if the details of the proposal reflected in the BASIX Certificate are inconsistent with those in the application. Council is seeking clarification from DIPNR, as to how Councils will be supported (both by the BASIX legislation and DIPNR) if they refuse a Development Application on the grounds of no submission of a BASIX Certificate or similar, particularly if the matter were to proceed to court. Similarly, Council is seeking clarification with regards to, if the ‘Knowledge Group’ refuses to issue a BASIX Certificate after assessing an application under the ‘Alternative Pathway’ route

does it mean that Council MUST refuse the application on the ground of non compliance with BASIX. Clarification is also being sought regarding who will be responsible for the legal defence of that decision and whether DIPNR will provide technical support and evidence to Court.

 

A major concern for Council is that DIPNR has not made adequate provision to support the implementation BASIX. For example, whilst it is proposed to put in place a ‘BASIX Help Line’ it will be available to design professionals only and for a period of 3 months. Council suggests that the BASIX Help Line should be available to the general public – for as long as necessary and that DIPNR should provide on-going assistance and training to all relevant BASIX stakeholders.

 

CONCLUSION:

 

Whilst the fundamental premise of BASIX, to increase the sustainability of new residential development, is in line with Council’s Ecologically Sustainable Development (ESD) objectives, there are a number of issues relating to the implementation of BASIX. Given the proposed ability of BASIX to solely determine the minimum standards for certain sustainability provisions in new residential development it is essential that DIPNR provide on-going resources to regularly review and update the tool and assist Councils in its implementation. Randwick Council is already equivalent best practice to BASIX in the development of recent DCPs such as the Defence Site Kingsford.

 

The attached submission to DIPNR outlines in detail Randwick Council’s comments regarding BASIX, including suggestions to DIPNR as to how it may be improved.

 

As a follow on from this report, Council’s Strategic Planning section (in consultation with other relevant teams) will prepare a BASIX implementation plan for Council. It will outline key tasks (such as the amendment of Council’s DCPs, Policies, and DA Checklist, advice to customer service staff etc.) and proposed timing, so that Council and our customers will be prepared to incorporate the requirements of BASIX when it comes into effect.

 

RECOMMENDATIONS:

 

That Council:

 

1) Note the development of the Building Sustainability Index, BASIX, by the Department of Infrastructure, Planning & Natural Resources.

 

2) Note the attached Randwick City Council BASIX Submission, which has been lodged with the Department of Infrastructure, Planning & Natural Resources.

 

ATTACHMENT/S:

 

1. Draft Practice Note 1: An overview of BASIX (UNDER SEPARATE COVER)

2. BASIX in the Development Approval Process in NSW. (UNDER SEPARATE COVER)

3. Randwick City Council: BASIX, Building Sustainability Index, Submission

 

 

…………………………….

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

……………………………..

Anne warner sustainability officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


BASIX

 

BUILDING SUSTAINABILITY INDEX

 

 

SUBMISSION

 

 

 

 

Randwick City Council

 

May 2004

 

 

 

 

 

 

 

 

CONTENTS

 

1.   Introduction………………………………….………………….…...1

 

2.   Comments

2.1 The Introductory Phase of BASIX………………………………3

2.2 Definitions……………………………………………………….3

2.3 The On-Going Effectiveness of BASIX…………………………4

2.4 BASIX Supporting Material……………………………………..5

2.5 BASIX Assessment Tool & BASIX Certificate…………………6

2.6 Draft BASIX Stormwater Technical Manual…………………....7

 

3. Conclusion…………………………………………………………….10

 

4. Summary of Recommendations………………………………...……..11

 

 

1. INTRODUCTION

 

This report has been prepared by Randwick City Council in response to the public exhibition of the Building Sustainability Index, BASIX, by the Department of Infrastructure, Planning, and Natural Resources (DIPNR).

 

The scope of this submission includes a review of the BASIX material on exhibition for the month of May (2004), including: the BASIX tool for detached and single attached dwellings (with supporting help notes and guidelines), the draft legislation enabling BASIX, and detailed practice notes for key stakeholders. Randwick Council’s Divisions of Planning, and Assets & Infrastructure provided input into the following submission. The review was somewhat limited however given the short duration for which the material was exhibited (1-31 May).

 

The draft State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Section 3: Aim of Policy, (3) states that: ‘This Policy achieves its aim by overriding provisions of other environmental planning instruments and development control plans that would otherwise add to, subtract from or modify any obligations arising under the BASIX scheme’. Randwick Council supports efforts to enhance the sustainability of new development. There are concerns however that the broad base approach of the SEPP does not allow individual Councils to directly influence and encourage improvements to the benchmark of certain sustainability provisions. This submission however primarily addresses aspects of the BASIX Exhibition Material where changes are more likely to be incorporated by DIPNR.

 

The following comments by Randwick City Council in response to the BASIX material currently on exhibition is delivered in the following sections: The Introductory Phase of BASIX, BASIX Definitions, The On-Going Effectiveness of BASIX, BASIX Supporting Material, BASIX Assessment Tool & BASIX Certificate, and the Draft BASIX Stormwater Technical Manual.

 

2. COMMENTS

 

2.1 THE INTRODUCTORY PHASE OF BASIX

 

Council is aware that DIPNR intends to provide a ‘BASIX Help Line’, accessible to ‘design’ professionals, to assist in the initial implementation of BASIX. Council supports the Help Line initiative and recommends that DIPNR make this service available not only to industry specialists, but also to the general public. In addition, Council recommends that the Help Line should be a permanent initiative of DIPNR.

 

Council recommends that DIPNR undertake BASIX promotional activities to the broader community, such as media articles, to assist Councils in building the awareness of BASIX. Council also recommends that ongoing assistance and training be provided to Councils, on a needs basis once BASIX comes into effect, given that the onus for successfully implementing BASIX will fall largely to Councils.

 

Council also recommends that DIPNR delay the scheduled introduction of the multi-unit component of BASIX until the beginning of 2005, in the Sydney Metropolitan Area. This would allow time for DIPNR to adequately address any issues that arise during the initial stages of implementation and allow Councils more lead-time to resource that phase.

 

2.2 BASIX DEFINITIONS

 

This section relates to the definitions of Gross Floor Area and Sustainability as defined in the draft legislation enabling BASIX including: the draft State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, and the draft Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004.

 

The draft legislation enabling BASIX defines Gross Floor Area as: ‘in relation to a building, means the total floor area of the building (measured from the outside of the external walls and from the centre of any common walls), excluding floor area of any lift shaft, projection, awning, void, service duct or car parking area.’

 

Council strongly opposes that the draft BASIX Gross Floor Area definition be applied commonly to all areas across NSW. In addition, Council suggests that by using a definition which uses a measurement from the ‘outside of the external wall’ rather than the ‘inner face of the external wall’ that this may act as a disincentive for provisions that add to the width of the wall but increase sustainability values i.e. insulation & acoustic protection. Council also suggests that the BASIX draft Gross Floor Area definition does not provide enough detail in terms of exclusions.

 

The following excerpt from the  Randwick Local Environmental Plan 1998 provides a definition of Gross Floor Area that addresses both of the issues outlined above.

 

Gross floor area means the sum of the areas of each level of a building where the area of each level is taken to be the area within the inner face of the external enclosing walls and the area of any attic measured at 2.1 metres above the floor level of the attic excluding:

 

(a)     columns, fin walls, shading devices, awnings, balconies and any other elements, projections or works outside the general lines of the outer face of the external wall, and

 

(b)     lift towers, cooling towers, machinery and plant rooms, and air conditioning ducts, and

 

(c)     associated care parking and any internal vehicular or pedestrian access to that parking (to ground level), and

 

(d)     space for the loading and unloading of goods.

 

The draft legislation enabling BASIX defines Sustainability as: in relation to a dwelling, means the capacity of the dwelling:

 

a)   to reduce greenhouse gas emissions, or

b)   to reduce potable water consumption, or

c)   to increase the thermal performance of the dwelling.

 

Council suggests that this is not an accurate definition for sustainability, rather it only defines the components of BASIX proposed to be active during the first stage of implementation.

 

2.3 THE ON-GOING EFFECTIVENESS OF BASIX

 

According to the BASIX Draft Practice Note 2: About the BASIX Tool, ‘It is proposed that the monitoring and review of BASIX will be carried out by a specialist body, called the BASIX Knowledge Group, which will also undertake ongoing research and be responsible for assessing the sustainability of proposals which cannot be assessed by the BASIX tool.’ Given that BASIX will override any equivalent sustainability provisions covered by the tool it is essential that DIPNR undertake comprehensive and regular reviews of BASIX to ensure that BASIX remains ‘best practice’. Council therefore recommends that DIPNR adequately resource the ‘Knowledge Group’ for that purpose.

 

The BASIX Draft Practice Note 2 also indicates the ways in which the BASIX tool will be monitored and reviewed the ‘Knowledge Group’ i.e. reviewing the aspects of information stored in the BASIX database, post-occupancy research into residential building design and performance, and the evaluation of new products. Council recommends that DIPNR clarify what process will be in place to ensure that they receive regular feedback on the implementation of BASIX from the relevant stakeholders. Council supports the investigation of post-occupancy building research by DIPNR in determining the compliance with and effectiveness of the BASIX tool ‘on the ground’.

 

Council supports continued streamlining of BASIX with other relevant national and state sustainability provisions, particularly those included in the Building Code of Australia, thus avoiding confusion and duplication in the development application process.

 

Councils recommends that DIPNR periodically offer BASIX training to building industry practitioners involved in certifying and inspecting construction compliance with BASIX, so that BASIX commitments are accurately checked ‘on the ground’.

 

Draft Practice Note 8, Point 10 (How consent authorities encourage ‘beyond compliance’ sustainability performance?) suggests that utilities could consider various options such as reducing connection charges to mains infrastructure when a development can demonstrate consistent energy or water savings. Council supports this initiative and strongly recommends that the Minister for Planning negotiate an implementation strategy for this initiative with the Minister of Energy and Utilities.

 

It appears that the ‘Alternative Pathway’ scenario will add more time and cost to the Development Assessment process. Council suggests that DIPNR examine options to encourage applicants to use the ‘Alternative Pathway’, and explore ways in which they can encourage industry to assist in the future advancement of BASIX.

 

Council is aware that DIPNR will record the BASIX results for each Local Government Area. Council recommends that DIPNR collate and distribute these results regularly so that Council can review and use the information, such as water and energy saving data, for inclusion in the annual State of the Environment Report and other processes.

 

Draft Practice Note 7 details how the proposed ‘Knowledge Group’ will asses applications that fall out of the scope of the BASIX tool. Council recommends that these criteria should also consider how the introduced technology rates against relevant State and National standards.

 

Council also recommends that reports of the ‘Knowledge Group’ in relation to ‘Alternative Pathway’ applications should be made available to the relevant Council, and that the ‘Knowledge Group’ should provide regular general updates on alternative pathways considered acceptable.

 

2.4 BASIX SUPPORTING MATERIAL

 

Council strongly endorses the supporting material such as the Draft Practice Notes that DIPNR have prepared in relation to BASIX. There is however ample scope to streamline the advice by referring to other fact sheets, rather than duplicating the information.

 

In relation to the draft information sheet, Stormwater SO1.1 Rainwater Tanks, Council recommends that a diagram be incorporated to illustrate a rainwater tank assembly including connection for specific internal uses (i.e. toilet flushing), highlighting in particular the air gap, first flush device, and connections to the household and potable water supply for top up.

Council recommends that DIPNR also prepare information sheets relating to greywater and photovoltaics. In the preparation of these guide notes it is important to articulate the current standards relating to the selection, implementation, and maintenance of these devices. In addition, reference should also be made to sourcing suppliers for these devices.

 

In addition, Council recommends that DIPNR develop an on-line rainwater tank calculator whereby applicants can enter relevant values (such as roof size and tank size) to determine optimum tank sizes and connections. This could potentially apply to simple developments only such as a single detached dwelling.

 

Council supports the integration of graphics into the tool similar to the Sydney Water On-line Interactive House. Aspects such as this would increase the educational component of the tool, in addition to the regulatory impact.

 

Council recommends that the relevant Draft Practice Notes should also make reference to proposed fees and charges of the ‘Knowledge Group’.

 

Council also recommends that the Draft Practice Notes should clearly stipulate how BASIX applies in a mixed-use development (i.e. commercial / residential).

 

2.5 BASIX ASSESSMENT TOOL & BASIX CERTIFICATE

 

Council is very supportive of particular features available in the BASIX Assessment Tool, including: the information buttons providing background and explanatory information, the how to comply links, and the tally of water and energy savings achieved.

 

A minor aspect encountered, is that if the cursor is not positioned in the scroll bar, using the scroll down feature on the mouse changes the value in the closest field.

 

One of the aims of BASIX is to ensure that BASIX commitments which are fundamental to the design of the proposed development are shown on the plans and assessed at DA stage (Draft Practice Note 3). Commitment 5.5 in the ‘Draft Commitments that may appear on a BASIX Certificate’, does not require that a greywater treatment system be shown on DA plans. Council recommends that BASIX should require greywater systems on plans, which would also maintain consistency with Draft Commitment 3.1 –requiring initial details of a rainwater tank at DA Stage.

 

DIPNR currently states that when BASIX comes into force, consent authorities are not under any obligation to consider a development application if a BASIX Certificate is not attached, or if the details of the proposal reflected in the BASIX Certificate are inconsistent with those in the application. Council is seeking clarification from DIPNR, as to how Councils will be supported (both by the BASIX legislation and DIPNR) if they refuse a Development Application on the grounds of no submission of a BASIX Certificate or similar, particularly if the matter were to proceed to court.

 

The preferred approach by Council would be that applicants clearly are not able to “lodge” their DA’s without the BASIX Certificate, rather than Council’s having to refuse DA’s or have deferred refusal.

Similarly, Council is seeking clarification with regards too, if the ‘Knowledge Group’ refuses to issue a BASIX Certificate after assessing an application under the ‘Alternative Pathway’ route and the matter proceeds to court, who is responsible for the legal defence of that decision.

 

Council recommends that the BASIX Assessment Tool be amended so that provisions are made for the connection of Bore Water to be incorporated into water conservation calculations.

 

2.6 DRAFT BASIX STORMWATER TECHNICAL MANUAL

 

Randwick Council raises significant concerns in relation to the Draft BASIX Stormwater Technical Manual. Stormwater management from a flood mitigation perspective is highly variable and should be assessed on a site by site (or at least catchment by catchment basis). Ground/soil conditions, topography and existing drainage infrastructure vary significantly within a single council area, and assumptions which average out these parameters (or even exclude them) may give rise to either inadequate or over-designed stormwater systems.

 

Further to the above point it is noted that there are numerous areas within the Randwick City Council that are underlain by highly permeable sands. In these areas Council should be able to ensure developments direct stormwater runoff to suitably sized infiltration systems rather than to the kerb and gutter or underground drainage system. The use of infiltration systems enables the groundwater systems to be recharged and minimises the burden on Council’s drainage system by significantly reducing or even eliminating stormwater discharge from the site. Infiltration systems also offer an effective way of treating stormwater. It is however, noted that the majority of areas within the Sydney Metropolitan area are not suitable for infiltration as they are underlain by clays and/or have salinity problems. Given that the BASIX tool must be appropriate for use across all Council areas, it does not appear possible for the tool to promote infiltration over alternative systems.

 

Another aspect that needs to be addressed is the inadequacy of the BASIX stormwater model to give due consideration to existing/known flooding problems. For example, locations may be known to have regular nuisance flooding. In these areas it is important that the stormwater management for the localised area be directed towards reducing the frequency of flooding. In other areas the main concerns are flood levels during major storm events. In these areas the stormwater management for the entire catchment area should be directed towards reducing the peak flows during major storms. It is not appropriate for the same stormwater management criteria to be applied across all areas.

 

In additional to the above concerns (which are raised in relation to suitability of a BASIX tool being used for stormwater design), the following technical points are made in relation to the proposed BASIX stormwater model:

 

·    Concerns are raised regarding the proposal that rainwater tanks may offset some of the on-site detention (OSD) requirements. It is understood that continuous modelling is being used to show that on average a rainwater tank will not be full at the start of a major storm and that the available storage may be considered to contribute to the required on-site detention. 

 

Whilst modelling may show that on average a rainwater tank will have some available capacity at the start of a major storm, OSD systems should be designed for the worst case storms. The recorded incidences of major flooding in the Randwick Council area have usually occurred as a result of major storm occurring directly after a smaller storm. Thus it is considered appropriate to assume that in the ‘worst case’ events, any rainwater tanks will already be full at the start of the major storm. Further, given that rainwater tanks are designed to retain rather than temporarily detain water, the effectiveness of a rainwater tank for OSD would be limited even if there is available storage volume at the start of a storm.

 

·    Concerns are raised regarding the use of a daily simulation interval. Evaluation of stormwater systems for flood control involves consideration of much shorter time steps (recommended 5 minutes) to allow accurate modelling of runoff, overflow volumes and storage requirements.

 

·    The use of the average rainfall year simulation period is not good engineering practice (as detailed in the Draft BASIX stormwater report).

 

·    Soil type is of great importance in the design of infiltration systems. To an average homebuilder clean sand and a clayey sand may both be reported as being sand even though they have very different permeabilities. Similarly, the identification of elevated water tables or rock outcrops (both of which have significant effects on the ability to infiltrate stormwater) may not be possible without appropriate geotechnical investigation. Consideration should be given to how it is proposed to ensure that the nominated form of stormwater management is appropriate for a particular site, and that the soil type selected in the BASIX model is an accurate reflection of what is actually on site.

 

·    Australian Rainfall and Runoff is the generally accepted industry standard for stormwater management. Concerns are raised regarding the lack of reference to this document in the BASIX stormwater technical manual.

 

·    Concerns are raised regarding the method used for calculating infiltration storage requirements. Vertical infiltration rates (as would occur through the base of an infiltration system) are typically much higher than horizontal infiltration rates. Thus the assumption that the base of an infiltration system will not be available for infiltration is considered to be overly conservative.

 

Rather than excluding the base area, consideration should be given to providing measures within an infiltration system to prevent the base becoming clogged. Such measures may include providing a removable geotextile lining at the base of the tank (which may be cleaned periodically) and treating all runoff to remove sediments, silts and rubbish prior to discharging into the infiltration system.

·    Calculation of OSD storage requirements should be based on the total site area not just the impervious areas. During major storm events, pervious areas may still generate significant runoff volumes (particularly in areas with clayey soils) (refer to section 3.3.8).

 

·    In section 4.1.3 it is noted that each Council will be responsible for determining a relationship between extended detention storage requirements and impervious areas. It is noted that there are many factors (other than impervious areas) that affect storage volume requirements. These other factors (such as ground conditions, existing infrastructure etc.) will vary significantly across any local government area and development of a relationship that may be applied broadly throughout a council area would be difficult.

 

·    Clause 154B(3) states: ‘For the purpose of satisfying itself as to the fulfilment of any such commitments, a certifying authority may rely on the advice of any properly qualified person’. Concerns are raised that this may result in certifiers not inspecting properties for compliance with the BASIX requirements. Reliance on certification alone has in the past proved inadequate and resulted in numerous substandard developments. At a minimum it is suggested that a clearer definition should be given to ‘properly qualified person’.

 

Additional note

Given that the BASIX implementation will need to be checked off by the certifying authority, it is recommended that training should be provided as soon as possible to equip certifiers with the knowledge for assessing the different aspects of BASIX requirements. This is essential for establishing benchmark standards.

 

3. CONCLUSION

 

Whilst the fundamental premise of BASIX, to increase the sustainability of new residential development, is in line with Randwick Council’s ESD objectives, there are a number of issues relating to the implementation of BASIX. Council’s main concern is the proposed ability of BASIX to solely determine the minimum standards for certain sustainability provisions in new residential development. Whilst BASIX may vastly improve residential sustainability in some areas of the State, it is essential that DIPNR provide on-going resources to regularly review and update the tool so that BASIX remains responsive to stakeholder needs and sustainability ‘best practice’, particularly in areas where sustainable design is a priority. 

 

In addition, it is imperative that DIPNR provide adequate support to Councils during the implementation phase of BASIX, given that Local Government will be largely responsible for delivering the BASIX process.

 

In conclusion for the stormwater component: BASIX may become an effective method for implementing sustainable development provided that the same principles are appropriate for all sites. For example the objectives of reducing greenhouse gas emissions, reducing potable water consumption and increasing thermal performance of a dwelling may be applied in a similar fashion to all new dwellings regardless of the exact locations (provided appropriate rainfall data is applied).  However, the proposal to extend the BASIX tool to cover stormwater design appears to have significant limitations given the highly variable nature of the parameters that govern stormwater design.

Randwick Council has contributed the following recommendations as part of the BASIX Exhibition process, so that the BASIX tool and associated material and methodology can be improved for the benefit of both Council and DIPNR. Please contact Council if you would like to discuss any of the recommendations or comments made throughout this report.

 

4. SUMMARY OF RECOMMENDATIONS

 

Randwick Council recommends that the Department of Infrastructure, Planning, & Natural Resources:

 

1) Support the implementation of BASIX via: a permanent ‘BASIX Help Line’ which is available to all stakeholders, information in the media, and on-going assistance and training for Council staff.

 

2) Adequately resource the proposed ‘Knowledge Group’ to undertake frequent and comprehensive reviews of BASIX, to ensure that BASIX remains ‘best practice’ in terms of sustainability and achieves the prescribed outcomes ‘on the ground’.

 

3) Require that reports of the ‘Knowledge Group’ regarding ‘Alternative Pathway’ applications are made available to the relevant Council, and that the ‘Knowledge Group’ provides regular general updates and information to Council’s, such as alternative pathways considered acceptable.

 

4) Delay the scheduled introduction of the multi-unit component of BASIX until the beginning of 2005, in the Sydney Metropolitan Area.

 

5) Do not require the BASIX definition of Gross Floor Area to be commonly applied across NSW, and that the definition be altered to measure from the ‘inner face of external walls’, and expanded to include more detailed ‘exclusions’.

 

Remove the definition of Sustainability from the draft BASIX legislation and replace it with ‘Sustainability provisions currently addressed through the BASIX tool’ or similar.

 

6) Periodically offer BASIX training to building industry practitioners involved in certifying and inspecting construction compliance with BASIX.

 

7) Provide advice to the Minister for Planning in order to negotiate with the Minister for Energy and Utilities the implementation of a ‘beyond compliance’ incentive scheme supported by the utilities.

 

8) Collate and distribute BASIX results to Councils periodically for review and inclusion into the Annual State of the Environment Report and other processes.

 

9) Regard relevant National and State standards for sustainability technology when assessing ‘alternative pathway’ applications, and when compiling relevant BASIX information sheets (i.e. rainwater tanks).

 

10) Address the repetition in the current draft Practice Notes and incorporate more educational material into the BASIX supporting information, such as a rainwater tank assembly / connection diagram, information sheets (i.e. greywater & photovoltaics), an on-line rainwater tank calculator, and a sustainable house picture.

 

11) Within the relevant BASIX material make reference to proposed fees and charges of the Knowledge Group and the implications of BASIX in Mixed Use Development.

 

12) Amend the Draft BASIX Commitments to require information on greywater treatment systems to be shown on DA Plans.

 

13) Incorporate provision for the connection of Bore Water into the BASIX Assessment Tool.

 

14) Clarify how Councils will be supported (both by the BASIX legislation and DIPNR) if they refuse a Development Application on the grounds of no submission of a BASIX Certificate or similar, particularly if the matter were to proceed to court.

 

The preferred approach by Council would be that applicants clearly are not able to “lodge” their DA’s without the BASIX Certificate, rather than Council’s having to refuse DA’s or have deferred refusal.

 

Similarly, Council is seeking clarification with regards too, if the ‘Knowledge Group’ refuses to issue a BASIX Certificate after assessing an application under the ‘Alternative Pathway’ route and the matter proceeds to court, who is responsible for the legal defence of that decision.

 

15) Recognise the range of complex issues likely to arise in the development of the Stormwater component of BASIX.

 

 

 

 

 

 

 

 

 


 

Director Planning & Community Development's Report 35/2004

 

 

SUBJECT:

DRAFT FOOTPATH DINING & TRADING DCP

 

 

DATE:

27 May, 2004

FILE NO:

98/S/4356

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

At its meeting of 25th November, 2003, the Council endorsed the draft Footpath Dining and Trading Development Control Plan (DCP) for public exhibition in accordance with the requirements of the Environmental Planning and Assessment Act, 1979, subject to the investigation of A-Frames and footpath dining being included in Council’s Exempt and Complying DCP. The draft DCP will update and replace the current DCP No. 20, “Restaurants on Public Road Footways, Airspace above Roads and Public Land.”

 

The draft DCP was publicly exhibited from Wednesday 3rd December, 2003, to Wednesday 28th January, 2004, at the Council customer service centre and at Bowen Library. An advertisement was also placed in the Southern Courier on 2nd December, 2004.

 

Three submissions were received following the close of the exhibition period. This report addresses the issues raised in the submissions, investigation of exempt and complying development potential, as well as minor changes made to the draft DCP. It recommends that the Council endorse the draft DCP, as amended (at Attachment A).

 

SUBMISSIONS RECEIVED

 

Submissions were received from The Spot Precinct, Mr Andrew Tosti and Mr Paul Chilcott. A submission was also received from Council’s Access Committee prior to exhibition. The issues raised in the submissions are summarised and addressed below. (A review of the submissions is at Attachment B).

 

The submissions raise the issues of kerb-side location, narrow footpaths, barriers, lighting, A-Frame signs, grounds for exemption and referral to Council, compliance and enforcement, definitions, and footpath activities including spruiking. These are discussed below.

 

ISSUES (?)

 

Issue: A kerb-side location is unworkable on several grounds, namely narrow footpaths, exposure to heat and rain, and creation of additional congestion.  

 

Comment: The draft DCP recommends a kerb-side location to keep shopfronts free for pedestrian through traffic and for alignment by visually impaired people, and provides grouped areas of dining within public street furniture. This will create predictability, and will reinforce consistent patterns in localities where footpath trading operates successfully. The draft DCP requires clear zones of 2-2.5m and 0.6m kerb setbacks. Proposals that cannot meet the minimum requirements may otherwise argue on the grounds of the objectives to be considered for footpath trading. Where outdoor dining is already located abutting a shopfront, outdoor dining proposals will be considered in that location.

 

Issue: Barriers are better for visually impaired people to orient themselves on footpaths and for preventing ‘area creep’ by restaurants.

 

Comment: The erection of unnecessary barriers will create unnecessary obstacles and reduce footpath safety and amenity. 

 

Footpath trading activities must be located within their licensed areas as a condition of the consent and license agreement. Planter boxes can be used during operating hours to mark the licensed area.  The Council may also mark the footpath to indicate licensed areas.  

 

Issue: Lighting devices may be a safety and fire hazard due to trailing wires, and public ambient lighting is adequate.

 

Comment: The draft DCP requires that lighting and heating be adequate for patrons. It is the responsibility of the applicant to demonstrate the adequacy and safety of devices.

 

Issue: A-Frame signs are contrary to the aims of the draft DCP, pose a danger to pedestrians particularly elderly disabled, increase visual clutter, are a liability risk and add to administration and enforcement costs. The attachment of brochures, flyers and business cards should be prohibited.  Signage should be a minimum of 50% English language.    

 

Comment: The draft DCP discourages inappropriate A-Frame signs, however, enables consideration to be given in certain circumstances where relevant criteria are satisfied. The onus will be on an applicant to justify a proposal. A-Frames will be limited in size and number per premises and require a licence agreement with Council. The definition of A-Frame sign has been amended to include only messages that are flush with the face of the sign.

 

Draft amendments to Randwick Exempt and Complying Development DCP propose to prohibit signs in a non-English language (to a maximum of 50%) without an English translation on the sign. This requirement has also been included as a condition for A-Frames which require development consent. Accordingly, Appendix 5 of the draft DCP has been amended.

 

Issue:  The grounds for exemption from performance criteria are too broad and exemptions must not detract from the purpose and objectives of the DCP.  Applications which involve requests for variation from performance criteria should be referred to the Council for determination to improve public comment.

 

Comment: The draft DCP allows for variations to performance criteria, only where an applicant provides sufficient justification.  DCPs are guideline documents and reflect Council policy on matters. The DCP recognises that, in some locations, compliance with the criteria may not be possible, however, the proposal may be appropriate. To be just, applicants may lodge an application and statement of environmental effects and argue on a merit basis in terms of the purpose and objectives of the DCP.

 

Footpath trading activities that require development consent will be notified in accordance with Council’s Public Notification DCP.

 

Issue: Compliance and enforcement by Council is the most difficult aspect of footpath dining, specifically in relation to cleaning and securing of furniture.

 

Comment: Compliance depends on good practices by operators, education and peer pressure from industry groups. The draft DCP requires an applicant to demonstrate compliance with health, safety and cleanliness performance criteria. Relevant conditions of consent are imposed and become part of an annual licence agreement, breach of which may lead to its cancellation.  

 

Issue: Footpath trading should be defined.

 

Comment: Footpath Trading Activity is defined in the draft DCP and includes outdoor dining or other trading activity, including advertising or the display of goods. The definition has been refined so that the activity can only be directly in front of the related business premises. 

 

Issue: Certain types of footpath trading should be prohibited, for example, spruiking, hawking, vending or promotional give-aways. Provision for one-off activities, for example, fund raising, petitioners and political promotional activities should be via a permit system. 

 

Comment: Temporary or mobile food service providers or vendors are not appropriate as outdoor dining areas as noted in the draft DCP.  Activities (rather than ‘development’) including, busking, use of loudspeakers, public addresses, and the display of articles on a footpath require Local Approval under the Local Government Act, 1993.

 

Election signs and materials are proposed to be included as exempt development in the Exempt and Complying Development DCP, which is being reviewed and will be reported to Council shortly. Limits and requirements will include location, timeframe, size, and number per premises, safety and removal.

 

EXEMPT & COMPLYING DEVELOPMENT

 

A-Frames signs

Following the Council’s November, 2003 resolution, a category of complying development is proposed for inclusion in the Exempt and Complying DCP, now under review subject to a range of appropriate limitations (being reported to Council soon).  A-Frames pose a number of disadvantages for the use of footpaths, particularly by disabled persons, in terms of increased clutter, inconvenience and danger to pedestrians. Accordingly, the proposed A-Frames complying category is proposed to have strict limitations, including:

 

·            Not located adjacent to a classified road (includes main and secondary roads).

·            Minimum 3m footpath width and minimum 2m clear zone.

·            Maximum 500mm height and width 400mm.

·            Not located adjacent to residential zones.

·            Public liability and indemnity insurance policies and, the payment of annual fees and charges.

·            One sign per business or multiple business occupancy.

·            Approval for twelve months only.

 

Other requirements will include kerb and corner setbacks, effective anchoring, durability and professional appearance, content, removal outside of business hours and, compliance with the Draft Footpath Dining and Trading DCP.   

 

Outdoor dining

 

The objectives of the Exempt and Complying Development DCP include allowing development with minimal environmental impact and, allowing small scale and low impact development to proceed efficiently. Depending on its location and intensity and the nature of surrounding land uses, outdoor dining can have impacts on access, safety and amenity especially if close to residences.

 

Permitting outdoor dining as exempt or complying development would make it difficult to address these different elements, and would potentially compromise the primary use of footpaths for safe and amenable pedestrian access. Requiring development consent enables Council to consider the specific impacts relative to location, intensity of adjacent land uses, proximity of residences, streetscape, amenity, and traffic and accessibility issues. In addition, if located adjacent to a classified road, the concurrence of the RTA is required, and referral through the DA procedures would be most appropriate. Accordingly, it is not considered appropriate to include outdoor dining as exempt or complying development, and the provisions are maintained within the draft DCP for Footpath Dining and Trading.

 

USE OF FOOTPATH AIRSPACE FOR OUTDOOR DINING

 

A section has been added to the draft DCP to address the conversion and construction of awnings to provide first floor dining. This is part of the current DCP No. 20 which distinguishes between the requirements for footpath restaurants and those which occupy the airspace above public roads. This use is generally not desirable because it can result in additional noise, amenity and safety issues, however, in some locations, it may provide for outdoor dining and contribute to the vibrance of a commercial area.

 

Section 2.2 now contains performance criteria to control the use of footpath airspace for dining in 3A General Business zones, subject to amenity, pedestrian and traffic, safety, design, and proximity to residences. Appendix 5a has been added and contains relevant standard conditions.

 

SUMAMRY OF DCP CHANGES

 

Minor typographical errors, formatting and adjustments have been made to the draft DCP (These changes are highlighted in the revised draft DCP at Attachment A). The changes are summarised as follows:

 

·                                                                            General typographical errors and formatting.

·                                                            Definitions of A-frame sign and goods display clarified.

· New Section 2.2, Use of Footpath Airspace for Outdoor Dining inserted to provide detailed controls relating to proposals to convert existing footpath awnings for first floor outdoor dining.

· Section 2.6 Advertising and Signage amended to reflect a current review of Randwick Outdoor Advertising DCP.

· Sections 2.7 – 2.8 A-Frames and Goods Displays amended to reflect changes made elsewhere in the DCP and proposed amendments to Randwick Exempt and Complying Development DCP.   

·                                                                              Appendix 4 additional photographs added.

·                                                      Appendix 5 additional conditions added for A-frame signs.

·                                                                     Appendix 5a added for footpath airspace dining.

 

CONCLUSION:

 

The draft DCP has been publicly exhibited in accordance with the EP and A Act, 1979. Minor changes have been made to the draft DCP to reflect submissions received and clarification and typographical changes.

 

The draft DCP provides for an appropriate balance between allowing for commercial uses and activity on and above footpaths, while ensuring that the primary purpose of access is not unnecessarily impeded.

 

Council may approve the plan with the alterations described in the report and included in Attachment A. Council is required to give public notice of its decision within 28 days after the decision is made for the Plan to come into effect.

 

RECOMMENDATION:

 

It is recommended that Council,

 

1.           Adopt the draft Footpath Dining and Trading DCP (at Attachment A) to commence in accordance with the requirements of the Act and Regulation upon public notification of the DCP commencement date.

2.           Repeal DCP No. 20 “Restaurants on Public Road Footways, Airspace above Roads and Public Land”, in accordance with the Act and Regulation, upon public notification of this draft DCP. 

3.   Agree that the Director, Planning and Community Development may make minor modifications to rectify any numerical, typographical and formatting errors, if required, in the finalisation and printing of the DCP.

 

ATTACHMENT/S:

Draft DCP

Review of Public Submissions

 

………………………………

………………………………

SIMA TRUUVERT

JANE FLANAGAN

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

STRATEGIC PLANNER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT A (Shaded wording shows alterations from the exhibited draft DCP)

 

 

 

Footpath Dining & Trading

Draft Development Control Plan

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Cost:       $11.00 including GST

 

 

 


CONTENTS

Part 1      GENERAL INFORMATION

 

1.1          Introduction...............................................................................................................................

4

1.2          Citation......................................................................................................................................

4

1.3          Land Covered By This Plan...................................................................................................

4

1.4          Interpretation............................................................................................................................

4

1.5          Relationship To Other Plans................................................................................................

4

1.6          Definitions................................................................................................................................

5

1.7          Purpose Of The Plan..............................................................................................................

5

1.8          Consent Authority, Owners’ Consents and Statutory Processes..................................

6

1.9          Date Of Approval and Commencement..............................................................................

7

1.10        Information Required To Be Lodged With A Development Application........................

7

1.11        Council Responsibilities.......................................................................................................

9

1.12        Fees and Charges..................................................................................................................

9

1.13        How To Use The Plan............................................................................................................

9

Part 2      DEVELOPMENT & DESIGN CONTROLS

 

2.1  Location and Layout of Footpath Trading Activities..................................................................

10

2.2  Use of footpath airspace for outdoor dining………………………………………………

12

2.3  Operating Hours..............................................................................................................................

14

2.4  Amenity..............................................................................................................................................

14

2.5  Furniture, Umbrellas and Lighting...............................................................................................

15

2.6  Advertising and Signage................................................................................................................

16

2.7  A-Frame Advertising Structures…………………………………………………

16

2.8  Goods Displays……………………………………………………………

18

Part 3      MANAGEMENT GUIDELINES 

 

3.1          Consumption of Alcohol........................................................................................................

19

3.2          Health and Safety....................................................................................................................

19

3.3          Litter and Cleanliness............................................................................................................

19

3.4          Toilets and Sanitary Facilities...............................................................................................

20

3.5          Car Parking..............................................................................................................................

20

3.6          Accessibility…………………………………………………………………………

20

APPENDIX

 

1.            Statutory Processes Flowchart.............................................................................................

21

2.            Recommended Locations.....................................................................................................

22

3.            Recommended Furniture.......................................................................................................

23

4.            Recommended Planter Boxes, Screens and Shade Structures...................................

24

5.            Standard Conditions Of Consent.........................................................................................

25

5a.        Standard Conditions Of Consent – Footpath Airspace…………………………………… 

28


PART 1      GENERAL INFORMATION

 

 

 


1.1                                                                                                                                                                        Introduction

 

This Development Control Plan (the Plan) provides objectives and performance criteria for outdoor dining and trading activities on, and over public footpaths, malls and associated public spaces. 

 

The Plan should be referred to in plans of management for proposed outdoor dining in public space areas.

 

The Plan has been prepared in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 (the Act) and the Environmental Planning and Assessment Regulation, 2000.

 

Council is required by Section 79 of the Act to take this Plan into consideration when determining development applications to which this Plan applies.

 

1.2      Citation

 

The Plan may be cited as the Randwick City Council ‘Footpath Dining and Trading Development Control Plan’.

 

1.3      Land Covered by this Plan

 

The Plan applies to all land within the Randwick Local Government Area.

 

1.4      Interpretation

 

Terms in the Plan generally have the meaning ascribed to them in the Environmental Planning and Assessment Act, 1979.  Where the meanings of terms differ, definitions have been provided (see Part 1.6).

 

1.5      Relationship To Other Plans

 

The Plan replaces Randwick DCP No. 20 Restaurants on Public Road Footways, Airspace above Roads and Public Land, 1994.

 

The Plan should be read in conjunction with the following:

 

-      Randwick Local Environmental Plan, 1998, as amended,

-      Randwick Exempt and Complying Development DCP,

-      Randwick Outdoor Advertising DCP,

-      Randwick DCP - Parking;

-      NSW Food Act and food safety standards incorporated therein, and

-      Other relevant statutory plans, Council and Technical Reports and, other policies.

 

1.6       Definitions

 

 

 

 

 

 

‘A-Frame Sign’

A freestanding, relocatable, two-sided structure, generally located on a footpath outside a commercial business and, which contains advertising, flush on the face of the sign, relating to an adjacent business or product sold therein. 

 

‘Clear Zone’

An unobstructed pedestrian corridor, which provides a continuous, accessible path of travel on a footpath.

 

‘Footpath airspaceis a footpath awning directly above a ground floor premises.

 

‘Footpath Trading Activity’

Use of a public footpath, directly in front of the related premises only, for outdoor dining or other trading activity, including advertising and the display of goods.

 

“Furniture and Fittings’

Items including tables, chairs, menu boards, umbrellas, lighting devices, screens and planter boxes.

 

‘Goods Displays’

The display of goods on a public footpath abutting the shopfront of an associated approved business premises, whether by the use of a freestanding structure or not.

 

‘Outdoor Dining Area’

An outdoor area where food and beverages are served in conjunction with adjacent premises, that is approved for use as an indoor restaurant or cafe.

 

‘Public Utility’

A structure owned by Council or a statutory body and located within a road reserve, for example, telegraph pole, rubbish bin, seating, street sign pole, bus stop sign or other structure.

 

‘Registered Food Premises’

All types of premises that deal with the sale, distribution or storage of food and includes all areas associated with those premises.

 

 

1.7       Purpose Of This Plan

 

The purpose of this Plan is to:

 

-           provide provisions for footpath trading activities used in conjunction with associated, approved, indoor premises only;

 

-           specify objectives and performance criteria for footpath trading activities to ensure access, safety and amenity of public footpaths is maintained, while facilitating active and lively street frontages; 

 

-          encourage people’s enjoyment of the public domain provided it does not unnecessarily clutter the footpath, does not create access difficulties for the disabled and less mobile and, does not introduce commercial uses that are more appropriately located indoors;

 

-         promote a high quality visual environment to ensure footpath trading is compatible with other community use of the footpath and contributes to the amenity of adjacent properties; and

 

-         ensure that proposed footpath trading activities do not adversely impact upon the amenity of adjacent residences and that management measures are implemented to minimise any impacts.

 

The Plan provides for development consent and approval under the Environmental Planning and Assessment (EPA) Act, 1979, and the Roads Act, 1993.

 

 

1.8      Consent Authority, Owners’ Consents And    Statutory Processes

 

Proposals for outdoor dining on public footpaths require the following processes:

 

·      development consent and a licence from Council to occupy the footpath;

·      if adjacent to a classified road, the concurrence of the Roads and Traffic Authority (RTA); and

·      authorisation from Council to erect and maintain structures on, or over a footpath. 

 

Proposals for the use of footpath airspace for outdoor dining require the following processes:

 

·      development consent from Council;

·      the lease of airspace owned by a roads authority (usually the RTA); and

·      if leased by a roads authority other than the RTA, the approval of the Director-General of DIPNR.

 

Proposals for A-frame signs and goods displays require the following processes:

 

·    development consent if not complying development;

·    consent of appropriate roads authority;

·    the concurrence of the RTA if adjacent to a classified road; and

·    a Council licence for lease of the footpath.

 

Appendix 1 contains a summary of the approvals process. Applications for all uses will be assessed against the criteria in Parts 2 and 3 of this Plan.

 

A licence agreement between an operator and the Council requires the payment of annual licence application fees. Operators are required to hold current public liability insurance policies, which indemnify Council against damage to third parties and against the issue of licences (in the case of A-Frame signs). Applicants should consult with Council’s Property Officer for information regarding a licence agreement. 

 

Applicants should note the following steps if a DA is required:

 

i)        Obtain the written consent of the Council (generally the owner of land upon which all roads are built) and the owner of the associated business premises to lodgement of the DA.

ii)       Lodge a DA (with requisite fees).

iii)      Council seeks RTA concurrence (for outdoor dining and goods displays and A-frames adjacent to a classified road), and consent of the appropriate roads authority (goods displays and A-frames).

iv)       Council assesses the DA under relevant legislation and policies.

v)       Council issues conditional approval (seven year maximum for outdoor dining under the Roads Act).

vi)       Applicant enters into a licence agreement with Council and takes out public liability insurance.

vii)      An applicant for the use of airspace for outdoor dining are required to lease airspace owned by a roads authority (Council).  If the lease is granted by a roads authority other than the RTA, the approval of the Director-General of DIPNR is required.

viii)     Applicant obtains a liquor licence (from Liquor Administration Board) if alcohol is to be served on the footpath (outdoor dining uses only).

ix)      Licensed area must be used in accordance with the development consent conditions (which also forms part of the licence agreement). 

 

1.9      Date Of Approval And Commencement

 

The Plan was adopted by Council on ________________, 2004 and shall take effect from ____________, 2004. 

 

1.10    Information Required With Applications

 

Applicants should consult the Randwick DA Guide and the DA Lodgement Checklist for a comprehensive list of requirements to be submitted with a development application.

 

All applications for approval (DA and LA) must include the following information:

 

(a)      Scaled site plans, elevations (1:100) and reduced A4 plans which show:

-           the building line of the shop/business and adjoining shops/businesses;

-           the distance to doorways and/or building corners, with the width of the shop frontage and footpath/public area;

-           the proposed location and size of the footpath trading activity;

-           the kerb line of the street, the building line and existing features such as trees, public utilities, parking restrictions, traffic lights and pedestrian crossings;

-           details of any proposed furniture and fittings including the design, construction, dimensions, colours and materials;

-           the number of tables with dimensions; and

 

-           photographs of display goods/articles should also be provided.

 

(b)      A statement of environmental effects which addresses all of the relevant criteria of this Plan, including the following:

-         site suitability, existing use and compatibility of proposed use with adjacent uses;

-        assessment of the ability of existing premises to accommodate additional patron load including adequacy of space and capacity of food preparation and storage areas, waste storage and toilet facilities to meet increased needs of additional patrons and staff;

-         the operating hours of the premises;

-         the need for the proposal (if A-frames or goods displays);

-         compatibility of proposed furniture, fittings and structures  with the streetscape;

-         pedestrian and vehicle accessibility and safety including an assessment of vehicle and pedestrian sight lines;

-         method of securing A-frames or goods displays;

-         details of the type, location and design of heating and lighting devices;

-         likely noise impacts of proposed management measures; 

-         proposed waste management measures;  

-           likely impacts of proposal on heritage and conservation values, where applicable; and

-         whether the indoor premises are licensed to serve alcohol and whether it is proposed to be served within the outdoor dining area.

 

Applicants are advised that, notwithstanding the performance criteria set out in this Plan, all applications are considered on their merits. There may be circumstances which do not lend themselves to footpath trading, particularly outdoor dining, for example, narrow or cluttered footpaths, busy pedestrian and on-street areas, (such as pedestrian crossings, loading bays, clear ways and bus stops), narrow shop frontages and certain heritage items. Temporary or mobile food service providers or vendors are not appropriate as outdoor dining areas.

 

Furthermore, while Council recognises the need for businesses to promote themselves by advertising and displays, the design and location of these structures can adversely affect access, safety and amenity, if not managed effectively.

 

A-frames and goods displays are generally not acceptable on footpaths. Unsuitable locations include steep slopes, narrow or cluttered footpaths, high wind areas and heritage streetscapes. 

 

However, A-frames and goods displays may be permitted in limited circumstances and only where they comply with the criteria in all Parts of this Plan particularly Parts 2.7 - 2.8. Accordingly, applicants are advised to survey local conditions and consult with Council officers prior to lodging an application.

1.11   Council Responsibilities

 

Council retains management and ownership of its footpaths at all times. Council has the right to access and remove all trading items at any time for any purpose deemed suitable by it.

 

No compensation is payable in the event of Council or any statutory authority carrying out works which require the removal, cessation and/or alteration to any approved footpath trading activity.

1.12   Fees And Charges

 

Council has a schedule of fees and charges for the use of its footpaths. These relate to applications, yearly licence/permit fees and cleaning fees. The schedule varies according to locality and is updated every year. Applicants should consult Council officers for applicable fees and charges prior to lodging an application.  

 

1.13    How To Use This Plan

 

The Plan is divided into three main parts, which are:

 

Part 1     General Information

              Is the purpose and introduction of the DCP.

 

Part 2     Development and Design Controls

            Is about siting and designing footpath trading activities.  The key elements are footpath widths, the use of airspace, amenity, design, hours of operation, furniture, fittings and advertising.

 

Part 3     Management Guidelines

            Is about providing safe and healthy footpath trading activities.  Key elements are health, cleanliness, safety, the consumption of alcohol, maintenance and toilets.

 

A flowchart at Appendix 1 illustrates the statutory process.

 

Appendices 2-4 contain recommended layouts, furniture, planter boxes, screens and shade structures.

 

Appendix 5 has examples of standard conditions of consent.

 

Appendix 5a has examples of standard conditions of consent for the use of footpath airspace for outdoor dining.

 

 

 

 


PART 2      DEVELOPMENT AND DESIGN CONTROLS

 

 

 


Objectives

 

•        To maintain the primary function of footpaths as public pedestrian corridors and domains, while encouraging reasonable opportunities for outdoor dining and other footpath trading activities.

 

•        To promote safe and healthy outdoor environments.

 

§   To allow for the use of airspace over public roads and public land for dining, only where appropriate.

 

•        To ensure footpath trading activities are compatible with surrounding land uses.

 

·            To ensure consistent and unobstructed access to footpaths and adjacent buildings is maintained, particularly for those with physical and vision disabilities.

 

•        To ensure disabled access is provided to both internal and external dining areas and all associated facilities.

 

•        To ensure that the amenity of adjacent residences is not adversely affected.

 

•        To enhance the social and aesthetic aspects of the City’s streetscapes.

 

•        To maintain safe conditions for motorists and cyclists.

 

•           To require high quality furniture and fittings that enhance the streetscape.

 

•           To ensure that any footpath advertising is compatible with the desired amenity and visual character of an area, is provided in suitable locations, does not impede access and is of high quality design and finish.

 

•        To have regard to the heritage significance of an item or area, where applicable.

 

         

2.1      Location And Layout of Footpath Trading      Activities

 

Performance Criteria and Controls

 

Proposed footpath trading activities will be considered only in conjunction with an approved or proposed associated indoor business in contiguous premises (food premises in the case of outdoor dining and any other type of business in the case of A-frame signs or goods displays). 

 

1.         Comply with the following criteria (all exclusive of any other obstruction) for footpath trading activity areas:

 

(i)       Clear zone minimum width 2.0m.*

 

(ii)      Kerb setback 0.6m.**

 

(iii) Clear zone minimum width 2.5m for locations adjacent to classified roads, busy footpaths and, footpaths in excess of 4m width.

 

(iv)      Where no footpath trading occurs in a locality, a proposed footpath trading activity is to be provided adjacent to the kerb.

 

(v)      Locating footpath trading adjacent to the building line is not favoured as it unsuitable for people with vision impairment.  A footpath trading activity proposed to be located adjacent to the building line, must demonstrate consistency with existing footpath trading activities, exceptional circumstances and/or a public benefit.

 

(vi)      For trading areas longer than 10m, provide a 1.5m break in the centre of the trading area (excluding doorways and other essential openings)

 

(vii)     Where trading activities adjoin, provide a minimum break of 1.0m between each activity.

 

(viii)    Provide a minimum break of 1.0m from public utilities including fire hydrants, rubbish bins, seats, telephones, bicycle stands, bus shelters, taxi ranks and parking meters.

 

(ix)     Provide a minimum break of 0.5m from all other street furniture including bollards, tree pits, street lights and traffic and electricity poles. 

 

(x)      A-frames and goods display stands require footpath widths of a minimum of 3.0m.

 

(xi)     Only that part of the footpath or public place directly in front of a restaurant/cafe may be used for footpath trading. The area may not extend to the area in front of neighbouring properties.

 

(xii)    Seating may not be located next to the building line and the kerb side at the same time.

 

* A minimum clear zone width of 2.5m applies to land affected by Randwick Junction DCP.

 

If the minimum criteria in 1(i) – (iii) cannot be achieved, applicants must demonstrate the following:

(a)      Existing levels of public access and safety will be maintained for the footpath and the adjacent road, and

 

(b)      No unreasonable impacts on amenity or streetscape.

 

** 2.   The following kerb setbacks apply regardless of footpath width:

(a)      0.9m adjacent to loading zones

(b)      1.0m adjacent to “No Standing” zones

(c)      1.5m adjacent to pedestrian crossings (applies both from kerb and the crossing),

(d)      1.2m adjacent to angle parking

(e)      is not appropriate adjacent to a disabled parking space or a bus stop.

 

3.       Use existing public furniture or utilities to help define a footpath trading area subject to the above applicable criteria.

 

4.       Locate all furniture and fittings within the approved licensed footpath trading area.

 

5.       (a)      Comply with a footpath gradient (crossfall) range of 1:100 to 1:40        (maximum), or

 

          (b)      Demonstrate to Council that suitable access can be provided if a        proposal is located on grades outside this range.

 

Note: References to footpaths in this Plan relate to existing grades. Structures or works to change footpath levels (for example, platforms) will generally not be supported, unless it can be demonstrated that pedestrian access on the footpath and to premises will not be impaired.

 

6.   Locate the footpath trading area consistent with adjacent footpath trading activities, existing public utilities, landscaped areas and open spaces to provide consistent pedestrian access subject to the minimum setbacks above.

 

See Appendix 2 for recommended locations.

 

2.2                   Use of Footpath Airspace for Outdoor Dining

 

The use of airspace above footpaths (roads) and public spaces by the conversion of awnings to balconies to provide first floor dining is generally not favoured by Council. It can result in additional noise, amenity and safety issues.

 

1.   However, Council may consider proposals for the conversion of an existing awning only on sites with the following features:

 

(a)  current approval for first floor dining in the contiguous indoor premises,

(b)  a  Business zoning,

(c)  not located adjacent to residential premises or residential zones, and

(d)  located in a continuous retail strip where awnings are an integral feature of the architectural elements of the streetscape.

 

2.   The Council may consider proposals for the construction of new first floor balcony awnings and their use for outdoor dining in Business zones only, where an applicant can demonstrate compliance with the following criteria:

 

(a)  approval for first floor indoor dining in the contiguous premises;

(b)  location in a continuous retail/commercial strip;

(c)  awnings on adjacent buildings;

(d)  design complements existing awnings;

(e)  alignment consistent with existing awnings (minimum kerb setback 600mm);

(f)   height related to building height and height of adjacent awnings; cantilevered over footpath; and

(g)  additional awnings may not be attached to existing fixed awnings.

 

Performance Criteria and Controls

 

A proposal for the use of footpath airspace for outdoor dining must demonstrate compliance with the following performance criteria:

 

a)   Design of the balcony must be compatible with the streetscape and with the architectural integrity of the building.

 

Demonstrate that the proposal:

 

b)   Will not adversely affect the heritage significance of a heritage item or a heritage conservation area.

 

c)   Will not adversely affect the amenity and safety of the footpath below or the adjacent road.

 

d)   Will not obstruct the visibility of traffic signs and signals or pedestrian crossings.

 

e)   Will not hinder the use by pedestrians and vehicles of the footpath and adjacent road.

 

f)    Will not adversely affect the amenity and safety of adjoining properties in terms of noise, overlooking or security.

 

g)   Will not adversely affect views.

 

h)   Is not located on a corner site unless visibility, traffic, safety and aesthetic issues are not adversely affected.

 

i)    Is consistent with the use of other adjacent awning balconies.

 

j)    Is not enclosed.

 

Standard conditions may be applied by the Council where a proposal is approved. Examples are contained in Appendix 5a.

 

Note: A lease from the roads authority* is required for use of the airspace above a road owned by it. Where the roads authority is other than the RTA, the approval of the Director-General of DIPNR is required to the lease. * Council is the roads authority for local and public roads except for classified roads where the authority is the RTA.

 

2.3      Operating Hours

 

Performance Criteria and Controls

 

The following standard hours of operation apply for all applications:

 

1.   Comply with the approved hours of operation of the related indoor premises subject to the limitations in the criteria below.

 

2.   Outdoor dining areas in Business zones:

 

(i)       General Business zones: up to 11:00 p.m. Mondays to Saturdays and to 10:00 p.m. Sundays.

(ii)      Local Business zones up to 10:00 p.m. Mondays to Saturdays and up to 9:30 p.m. Sundays.

 

3.   Outdoor dining areas in potentially sensitive areas (for example, in proximity to residential zones or premises):

 

(i)       Generally up to 9:30 p.m. 

(ii)      Further limitations may also be appropriate in areas within proximity to any residential premises.

 

4.   Premises may be permitted a 30 minute period after the above-mentioned hours in which to vacate the outdoor dining area, provided this is within the approved hours of operation of the indoor premises.

 

5.   Variations to the above hours may be permissible only based on:

 

(i)       The merits of the proposal

(ii)      Existing hours of operation of the indoor premises, and/or

(iii)     Proximity of residences. 

 

2.4      Amenity

 

Performance Criteria and Controls

 

1.         Demonstrate that the proposal will not have unreasonable impacts on the amenity of adjacent residences. A plan of management should be submitted and include the following:

 

(i)       Measures to minimise noise impacts.

(ii)      Measures to minimise nuisance from lighting and heating devices.

(iii)     Procedures for minimising and managing waste, for example, provision of ashtrays, the disposal of bottles, how and when waste will be removed, waste collection and storage areas.

(iv)      Description of steps to be taken to ensure behaviour of patrons entering and leaving premises does not impact on the amenity of the neighbourhood.

 

2.5       Furniture, Umbrellas And Lighting

 

Performance Criteria and Controls

 

2.5.1    Furniture And Fittings

 

1.         Comply with relevant Australian Standards for all furniture and fittings.

 

Demonstrate that furniture and fittings:

 

2.       Dimensions fit into the footpath trading area.

 

3.       Are safe, sturdy, but not bulky, waterproof and weather resistant, can be easily removed at the close of business each day, will not damage the footpath or other public infrastructure or pose a trip/fall hazard or inconvenience to the public.

 

4.       Are weighted down or otherwise secured so as to prevent accidental dislodgement (e.g. umbrellas, A-frames).

 

5.       Visually complement and be physically aligned with other street furniture (including adjacent footpath trading areas) and adjacent public utilities.

 

6.         Are of a single, cohesive style to promote visual unity and enhance the streetscape.

 

7.       Define a footpath trading activity by landscape planter boxes and flowerpots, bollards or screens (all to a maximum 1.2m height and maximum 1.8m length) provided they are located within the boundaries of footpath trading area and are removable at the close of business or otherwise designed as an integral part of a public open space area. Fittings are supplied and maintained at the expense of the applicant.

 

8.       Do not define the footpath trading area by full height solid or plastic screens or any other type of enclosure.

 

Note:  Council reserves the right to require the replacement of inappropriate tables and chairs as a condition of the licence.

 

2.5.2    Umbrellas

 

Provide:

 

1.       Heights consistent with adjacent umbrellas or shade structures (if applicable) with a minimum height clearance from the footpath of 2.6 metres when open.

 

2          Unimpeded views (if existing) of traffic signals, signs and pedestrian crossings.

 

3.       Unimpeded views (if existing) of historic facades or vistas of valued or historic streetscapes.

 

4.       A safe and secure anchor point, (permanently fixed and which does not pose a trip hazard when the umbrella is in storage).

 

5.       Pinnacle vents to reduce wind loading.

 

6.       No overhang of any roadway.

 

7.       Fire-retardant materials if located near a heating device.

 

8.       Market style, not beach umbrellas.

 

Do not:

 

9.       Provide umbrellas where building awnings exist unless it can be demonstrated that both can be appropriately accommodated within the space.

 

2.5.3    Lighting And Heating 

 

1.       Provide lighting and/or heating adequate for safety and amenity for all patrons.

 

2.         Demonstrate that lighting and/or heating will not cause a potential nuisance.  

 

2.6       Advertising And Signage

 

Performance Criteria and Controls

 

1.       Comply with Randwick Outdoor Advertising DCP.

 

2.       Do not include permanent advertising on furniture and other fittings including planter boxes.

 

3.         Signage should not be provided within footpath trading areas except on umbrellas, shade structures, and screens and only where it is incidental. Incidental signage includes business identification, and/or a product brand which is a core part of the business and, which is supplied by the premises to their patrons within the footpath trading area.

 

4.       Incidental signage is limited to one product, logo or business name being advertised and must be a minor element of the supporting structure.

 

5.       Signage on screens is limited to a maximum 30% coverage of the total screen surface.

 

6.       Menu boards, where provided, must be attached to the related building and not be freestanding.

 

7.       Bill posters are not supported as they are an inappropriate use of the road reserve, they increase litter, are unsightly and, rarely relate to adjacent business premises.

 

8.       Do not include revolving parts, flashing lights, highly reflective surfaces. 

 

2.7    A-Frame Advertising Structures

 

Extension of general retail space onto the footpath is generally not encouraged. It is not associated directly with people using the footpath or for adding vitality when dining and socialising and, generally reduces access and visibility along footpaths.

The provision of A-Frame signs and goods displays (section 2.8) may be appropriate in certain circumstances, subject to all relevant criteria in the Plan and compliance with the performance criteria set out below.

 

Note, that proposals for A-Frame signs may be complying development only if they comply with the limits and requirements in Randwick Exempt and Complying Development DCP.

 

Performance Criteria and Controls

 

Comply with:

 

1.       Minimum footpath widths of 3.0m.

 

2.         Maintain a minimum clear zone of 2m.

 

3.         Locate adjacent to the kerb line with a minimum setback of 0.6m.

 

4.       Minimum 2m setback from a building corner at intersections or at arcade entries.

 

5.       Maximum height 700mm and width (face) 500mm.

 

6.       Maximum of one sign per commercial business or multiple occupancy commercial tenancy.

 

7.       Do not affix, or restrict access to, any public utility.

 

8.       Locate away from official traffic signs, so as not to distract drivers’ attention or be confused with instructions given by traffic signals. 

 

9.       Be safely anchored, secured and positioned so as not to pose a hazard or inconvenience to pedestrians especially those with a disability or, to traffic safety.

 

10.     Use durable, fade proof materials of a high aesthetic and professional quality.

 

11.     Have a design theme compatible with adjacent elements within the footpath.

 

12.     Content must relate directly to an activity carried out on or, associated with the related business premises.

 

13.     Content must not substantially duplicate advertising or signage elsewhere within the footpath trading area or on the frontage of the associated indoor premises. 

 

2.8       Goods Displays

 

Performance Criteria and Controls

 

Comply with:

 

1.       Minimum footpath widths of 3.0m.

 

2.         Provide abutting the shopfront only and, only where other footpath trading activities exist adjacent to other adjoining shopfronts. 

 

3.       Do not affix advertising or signage.

 

4.       Use for the orderly display of goods which are sold in the contiguous business premises. 

 

5.       Maximum of one stand per commercial business or multiple occupancy commercial tenancy.

 

6.       Maximum display width of 1.0m measured at right angles from the front of the premises.

 

7.       Maximum length of 50% of the total length of the shopfront.

 

8.       Do not affix, or restrict access to, any public utility.

 

9.       Do not pose a hazard or inconvenience to pedestrian movement or access to premises.

 

10.     Do not display food.


PART 3      MANAGEMENT GUIDELINES

 

 


3.1       Consumption Of Alcohol

 

Performance Criteria and Controls

 

1.       Provide a copy of any current On-Licence issued under the Liquor Act, 1982, which must be extended to include the footpath if alcohol is to be served there.

 

2.       Comply with the On-Licence requirements.

 

3.         Submit a ‘house’ policy that describes the measures to be taken to minimise harm associated with alcohol consumption to ensure the responsible service of alcohol.

 

3.2      Health And Safety

 

Performance Criteria and Controls

 

1.       Comply with the Food Act, 2003, and Food Safety Standards. Where a significant increase in the number of patrons will be accommodated in an outdoor dining area, it may be necessary to upgrade existing facilities.

 

2.         Provide furniture, fittings, A-frames and goods display stands constructed to recognised acceptable standards.

 

3.       Provide clear sightlines from the indoor premises to the outdoor dining area.

 

4.       Loudspeakers and cash registers are not permitted within a footpath trading area.

 

Note: Council may mark licensed areas by paint, survey nails, etc. These marked areas ensure accessibility corridors are maintained and the terms of public liability and indemnity insurance are not compromised.

 

3.3      Litter And Cleanliness

 

Performance Criteria and Controls

 

1.       Demonstrate that rubbish generated by a footpath trading activity will be effectively cleaned by dry processes.

 

2.         Provide a schedule of proposed maintenance and cleaning of the footpath trading area. 

 

3.       Provide a Waste Management Plan for rubbish removal.

 

4.       Provide windproof design ashtrays of a type approved by Council, in smoking areas.

 

5.       Do not use disposable tableware.

 

3.4      Toilets and Sanitary Facilities

 

Performance Criteria and Controls

 

1.       Provide adequate toilet and sanitary facilities to cater for patrons.

 

2.       Comply with Part F2 of the Building Code of Australia (which includes requirements for disabled toilets).

 

3.5    Car Parking

 

Performance Criteria and Controls

 

1.       Comply with Council’s Parking DCP for the use of airspace for outdoor dining.

 

3.6      Accessibility

 

Criteria for access for disabled persons have been included throughout this Plan. In addition, the following criteria will ensure equity and safety in all new footpath dining proposals.

 

Performance Criteria

 

1.       Access must be provided from the footpath dining area to the internal area and sanitary facilities of the associated indoor premises, in accordance with the relevant provisions of the Building Code of Australia.

 

2.       If access cannot be achieved, demonstrate unjustifiable hardship, as required under the Disability Discrimination Act.   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDICES

 

Appendix 1.                Statutory Processes Flow Diagram for development consent and                 approval under the Roads Act, 1993.

 

*  Council can authorise an approval holder for footpath dining to erect and maintain

 structures in, on, or over a footpath.

 

 


Appendix 2. Recommended Locations

 

Diagram 1:          Suitable locations for outdoor dining areas adjacent to        classified roads, busy footpaths and footpaths greater than 4m             width.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Diagram 2:      Suitable locations for outdoor dining areas generally where no outdoor dining exists in the locality.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Appendix 3.        Recommended Furniture and Associated Elements

 

 

 

 

 

 

 

 

 

 

 

 

 

          

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Appendix 4.      Recommended Planter Boxes, Screens & Shade Structures

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

             

 
 

 


 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Appendix 5        Standard Conditions Of Consent

 

1.       Amplified music, entertainment, or any other ancillary activity is not permitted within an outdoor dining area, except with prior development consent (Details of such proposals must accompany an application for consent).

 

2.       Outdoor storage is not permitted in association with a footpath trading area.

 

3.       Furniture, fittings, A-frames and goods display stands shall be covered in suitable rubber stoppers or similar devices to prevent damage to the footpath pavement.

 

4.       Umbrellas, A-frames, goods display stands and heating devices shall be removed in windy conditions and otherwise removed outside of the approved hours of operation.

 

5.       Furniture and fittings including planter boxes (operators’ own) and screens shall be removed from the road reserve and stored inside the associated business premises outside of the approved hours of operation.

 

6.       Details of any wired electrical facilities outside the face of the building must be provided with a development application.

 

7.       Heating devices must turn off automatically if overturned to prevent injury to patrons and property.

 

8.       Heating devices must be removed from public land and appropriately stored when not in use.

 

9.       Direct access to gas mains and the use of extension cords for heating devices is not permitted. 

 

10.     All required exits shall remain clear at all times.

 

11.     Any dog within a licensed footpath trading area shall be under the effective control of its owner or handler.

 

12.     Food premises shall not permit live animals in areas in which food is handled except an assistance animal, which is permitted only in dining and drinking areas and other areas used by customers.

 

13.     Preparation of food and/or drinks is not permitted within a footpath trading area.

 

14.     The operator of a footpath trading area shall ensure that the footpath surface is maintained free of grease, foodstuffs and associated litter at all times.  

 

15.     All furniture and fittings shall be kept clean and, in safe and working order.

 

16.     An approved A-frame or goods display stand shall be kept in good repair and erected in a safe manner and shall not be altered in any way without the approval of Council.

 

17.     The structural design of the A-frame, its materials, edging, impact absorption mechanism, collapsing mechanism and wind loading shall be certified in accordance with Council’s specifications.

 

18.     The use of the premises shall not give rise to an environmental health or nuisance.

 

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

 

20.     The applicant is required to have current public liability insurance cover for the amount of $10 million against any claim, which may arise as a result of the approved activity. A copy of the policy shall be forwarded to Council before a footpath trading area is used.

 

21.     In respect of an applicant’s public liability insurance for approved A-frames and goods display stands, an applicant shall indemnify the Council with respect to (i) damage caused to a third party by an A-frame or goods display stand while on the road reserve and (ii) the grant of the approval and licence for the A-frame or goods display stand.

 

22.     The applicant is required to indemnify Council against all claims, which might arise from the use of the road reserve.

 

23.     Licence holders must display a current licence card clearly and legibly on the related shopfront window at all times.

 

24.     A-frames and goods display stands must have a current licence card clearly and legibly attached to the structure.

 

25.     Failure to display a current licence is a breach of the licence terms and conditions and may result in the revocation of the licence by Council.

 

26.     A transfer of business ownership requires a new business owner to apply for a transfer of ownership of a footpath trading licence into their name.

 

27.     The applicant must bear the cost of repairing any damage to the road reserve that results from the approved use.

 

28.     Bill posters are not permitted anywhere within the road reserve.

 

29.     Advertising and signage shall not contain material, which may cause offense to a reasonable person.

 

30.     Advertising and signage shall not contain revolving parts, flashing lights or highly reflective surfaces.

 

31.     The A-frame sign and/or goods display stand shall be removed from the road reserve and placed inside the associated business premises outside the approved hours of operation of the associated business premises.

 

32.     The A-frame sign and /or goods display stand is approved for a period of 12 months. To continue lawful use after this period, the applicant shall lodge a new application with Council and pay an annual administration fee in accordance with Council’s Annual Schedule of Fees and Charges.

 

33.     The content of the A-frame sign is limited to a non-English language to a maximum of 50% with an English translation provided on the sign.

 

34.     Premises which serve alcohol within a footpath trading area shall be licensed Liquor Administration Board under the Liquor Act (NSW) 1982. 

 

35.     Cardboard, foam or polystyrene boxes shall not be displayed within a footpath trading area unless they are in a suitable enclosure.

 

36.     Trolleys and/or shopping baskets shall not be displayed or stored within a footpath trading area.

 

37.     No food shall be displayed within a footpath trading area.

 

38.     No sharp, protruding objects (e.g. uncovered hardware items) shall be displayed within a footpath trading area.

 

39.     All goods shall be securely anchored or supported so as to ensure a safe environment for the public.


 

Appendix 5a     Standard Conditions Of Consent – Footpath Airspace

 

1.       Submission of an acoustic report which is to include assessment of noise from use of the outdoor balcony.

 

2.         The first floor balcony shall not be screened or enclosed.

 

3.         Pergolas shall not be permitted.

 

4.       Amplified music, entertainment, or any other ancillary activity are not permitted.

 

5.       The applicant is required to enter into a lease of the footpath airspace with Council (see details in Part 1 of this Plan).

 

6.         Shall not be used exclusively for the purposes of a bar.

 

7.       The use shall not extend beyond the boundary of the existing awning.   

 

8.       The balcony shall be designed by a suitably qualified structural engineer.

 

9.         The balcony shall be cantilevered over the footpath.

 

 

 

 

 

 

 

 

.


 

 

Reply sent

Name and Address

Submission – summary of issues

Council Comment

 

Yes

 

The Spot Precinct

P. O. Box 72

St. Pauls. 2031.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Location adjacent to kerb:

 

is unworkable especially on narrow footpaths e.g. in The Spot.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

will expose patrons to heat and rain.

 

 

 

 

will result in more congestion, as staff would need to cross the footpath.

 

 

 

 

 

barriers separating dining from through-fare would be better for the sight-impaired. 

 

 

barriers may assist in preventing ‘area creep’ by restaurants.

 

 

1. The DCP requires location of footpath trading adjacent to the kerb, only where no footpath trading exists. This will leave the building line free for pedestrian access and as an orientation mark for vision-impaired people. Existing operations will not be affected unless they expand.

 

Where other adjacent dining establishments exist adjacent to a building line, proposals will also be considered adjacent to a building line.

 

Locations, which cannot comply with minimum width, clear zone and setback requirements or justify departures, are unsuitable and footpath trading will not be permitted.

It may be that locations with narrow footpaths will be confined to existing operations with limited opportunity to accommodate additional footpath trading

 

Part 2.1(1)(ii) of the DCP requires a 0.6m kerb setback. Operators can install umbrellas during operating hours to protect patrons. Otherwise, the location, building/footpath may be unsuitable for footpath trading.

  

Current levels of pedestrian flow and safety will need to be considered by an applicant and by Council. Where a proposal will reduce these levels, an applicant will need to justify the use in terms of the purpose and objectives of the DCP. Operators also need to implement safe work practices and policies.   

 

Kerb location is preferred to this approach. However, generally, separation of activities is encouraged e.g. by flowerpots, bollards or screens (Pt 2.4.1(7) of DCP).

 

The licence between an applicant and Council specifies the licence area. A permit is required to be affixed on the shopfront. Use of the footpath outside of the licensed area is a breach of the agreement.

 

 

 

2. Lighting by table or electrical lamps may pose a fire risk or risk from trailing wires/Ambient public lighting would be adequate. 

 

 

 

3. Permitting A-Frames is against the aim of the DCP ‘to enhance the social and aesthetic aspects of the City’s streetscapes’.

 

 

 

If A-Frames are permitted, a control prohibiting attachment of brochures, flyers and business cards should be included.

 

4. Grounds for exemption from performance standards too broad. Must not detract from purpose and objectives of DCP.

 

 

 

 

 

 

Exemptions should be referred to Council for determination to improve public comment.

 

 

 

5. Compliance and enforcement by Council is most difficult aspect of footpath dining, specifically,

i.          non-provision of windproof ashtrays.

ii.          Dirty tables/bird mitigation methods.

iii.         Inadequate footpath cleaning.

iv.         Inadequate securing of furniture against winds.

2. Part 2.4.3 recommends that lighting and heating be adequate for safety and amenity. Additional criteria will be included to It is the responsibility of the operator to demonstrate the adequacy of devices so they do not cause a potential nuisance.

 

3. Extension of retail space into footpaths in this way is generally discouraged but consideration will be given in certain circumstances where relevant criteria are satisfied. Some locations do not lend themselves to A-Frames and the onus will be on an applicant to justify a proposal.

 

The definition of A-Frame can be amended to incorporate this. Or it can be included as a standard condition of consent.

 

4. There are 8 circumstances in the DCP, which allow for variations to the performance criteria subject to justification.   DCP performance criteria can be advisory only, and reflect Council policy on a subject matter. The DCP recognises that in some locations, compliance with the criteria may not be possible. To be just, it allows applicants to lodge an application and argue in a S.E.E. for approval based on compliance with the purpose and objectives of the DCP.

 

All DAs are publicly notified and an opportunity for comment given. While it would increase processing times to refer all such applications to Council, councillors can refer any matter they wish.  

 

5. Enforcement is possible only with the resources available. Compliance also depends on good practices by operators, education and peer pressure from industry groups.

 

Part 3 requires windproof ashtrays, a schedule of footpath cleaning and a waste management plan. Part 2.4 requires furniture and fittings to be weighted down. Relevant standard conditions of consent become part of a licence agreement, breach of which may lead to its cancellation. In addition, the applicant requires public liability and indemnity insurance.

 

Yes

Andrew Tosti

P O Box A640

Sydney South. 1235

 

1. Footpath seating becomes an obstruction and safety concern especially on narrow footpaths.

 

2. Stricter rules required, public safety should come first. Refuse use if performance criteria not met.

 

3. Only small table and chairs should be permitted on narrow footpath with adequate width for pedestrians.

 

 

4. Too open to challenge especially minimum clear zone widths and kerb setbacks.

 

5. Restaurants exceed allowable area and place other items on footpath. These limits not enforced.

 

 

6. A-Frames need more rigorous policing to ensure no public obstruction and injury claims.

1. Addressed in issue 1. above.

 

 

2. Addressed in issue 4. above.

 

 

3. The DCP requires minimum clear zones so pedestrians can negotiate a footpath. An applicant must demonstrate compliance or justify departures.

 

4. See issue 4. above.

 

 

5. See issue 1. in 1st submission in relation to ‘area creep’ and comments on issue 5 re. enforcement and breach of licence agreement.

 

6. See comments on issue 3 and 5 of 1st submission.

 

Yes

Paul Chilcott

P O Bo 172

St Pauls. 2031

1. A-Frames signage should be no more than 50% language other than English.

 

 

 

 

2. Footpath trading should be defined.

 

3. Certain types of footpath trading should be prohibited e.g. spruiking, hawking, vending or promotional give-aways and provision for one-off activities e.g. fund raising, petition signing and political promotional activities should be via a permit system. 

1. Proposed amendments to Randwick Exempt and Complying Development DCP include a limit on non-English signage content (50% maximum) unless an English translation is included on the sign.  Appendix 5 of the draft DCP has been amended to include this condition.

 

2. Footpath Trading Activity is defined in the DCP.

 

3. The DCP states that temporary or mobile food service providers or vendors are not appropriate as outdoor dining areas and loudspeakers are not permitted in outdoor dining areas.  Local Approval under the LGA 1993 is required for a range of activities including trade or business, busking, use of loudspeakers, public addresses, and the display of articles on a footpath.  

 

Draft amendments to the Exempt and Complying Development DCP propose a category for election signs and materials, including requirements for location and removal.