MINUTES OF HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF
THE COUNCIL OF THE CITY OF
RANDWICK

HELD ON TUESDAY, 8TH JUNE, 2004 AT 6:31 P.M.

 

 

 

PRESENT:

 

His Worship the Mayor, Cr M. Matson (East Ward)

 

Councillor T. Seng (Central Ward) (Chairperson

 

North Ward                                         -           Crs J. Kenny & M. Woodsmith

 

South Ward                                          -           Crs R. Belleli & A. White (until 7.16 p.m.)

 

East Ward                                            -           Cr B. Notley-Smith

 

West Ward                                          -           Crs B. Hughes, S. Nash & J. Procopiadis (until

                                                                        7.16 p.m.)

 

OFFICERS PRESENT:

 

General Manager                                                                                              Mr. G. Messiter.

Director Assets & Infrastructure Services                                                          Mr. M. Savage.

Director Governance Management & Information Services                                Mr. M. Hummerston.

Manager Environmental Planning                                                                       Ms. K. Armstrong.

Manager Development Assessment                                                                   Mr. K. Kyriacou.

Assistant Public Officer                                                                         Mr. D. Kelly.

Communications Manager                                                                                 Ms. D. Brien.

 

 

1.         APOLOGIES.

 

Apologies were received from Crs Andrews, Bastic, Daley & Sullivan.

 

RESOLVED:  (Notley-Smith/Hughes) that the apologies be received and accepted and leave of absence be granted to Crs Andrews, Bastic, Daley & Sullivan from the Health, Building and Planning Committee Meeting of the Council held on Tuesday, 8th June, 2004.

 

1a.       LEAVE OF ABSENCE.

 

Leave of Absence has been granted to Cr Tracey until 23 June, 2004.

 

2.         MINUTES.

 

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

 

H25     RESOLUTION:  (Procopiadis/White) that the Minutes of the Meeting of the Health, Building and Planning Committee held on Tuesday, 11th May, 2004 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

RESOLVED: (Belleli/Notley-Smith) that the meeting be adjourned at 6.32 p.m. and be further adjourned at 7.16 p.m.

 

3.         ADDRESSES TO THE COMMITTEE BY THE PUBLIC.

 

Prior to consideration of the Agenda by the Committee, the following deputations were received in respect of the following matters:

 

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

 

The Objector                Mr Tony Mehta                                    3/207 Oberon Street, Coogee.

The Applicant               Mr Mark Steglick                                 Gowing Properties, Level 8, 45

Market Street, Sydney.

 

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

 

The Objector                Mr Ken Coull                                       2/25 Carr Street, Coogee.

 

5.3       DEVELOPMENT APPLICATION REPORT - 238 BEAUCHAMP ROAD, MATRAVILLE.

 

The Applicant               Ms Margaret Gregory                           238 Beauchamp Road,

                                                                                                Matraville.

 

5.4       DEVELOPMENT APPLICATION REPORT - 172 BEACH STREET, COOGEE.

 

The Objector                Ms Robin Poidevin                               170 Beach Street, Coogee.

 

The Applicant               Mr Tom Cocks                                    Habitat Architects, 6 Dolphin

                                                                                                Street, Coogee.

 

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

 

The Objector                Mr John Harkins                                   37 Perouse Road, Randwick.

                                                                                               

 

(Crs Procopiadis & White left the meeting at this stage, the time being 7.16 p.m.)

 

The meeting was resumed at 7.34 p.m.

 

4.         MAYORAL MINUTES.

 

Nil.

5.         DEVELOPMENT APPLICATIONS.

 

5.1         DEVELOPMENT APPLICATION REPORT - 211-213 OBERON STREET, COOGEE.  (D/0801/2003)

 

H26        RESOLUTION:  (Hughes/Notley-Smith) that:

 

A.           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.           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.           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 nine (9) 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.

 

MOTION:  (Hughes/Notley-Smith)  SEE RESOLUTION.

 

5.2         DEVELOPMENT APPLICATION REPORT - 2/12 BLENHEIM STREET, RANDWICK.  (D/1190/2003)

 

H27        RESOLUTION:  (Woodsmith/His Worship the Mayor, Cr M. Matson) 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:

 

a)         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;

 

b)         The proposal does not satisfy the requirements of Councils Multi Unit Housing Development Control Plan, in relation to private open space; and

 

c)         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.

 

MOTION:  (Woodsmith/His Worship the Mayor, Cr M. Matson)  SEE RESOLUTION.

 

5.3         DEVELOPMENT APPLICATION REPORT - 238 BEAUCHAMP ROAD, MATRAVILLE.  (D/0999/2003)

 

H28        RESOLUTION:  (Belleli/Notley-Smith) 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.

 

9          A full height translucent privacy screen be erected on the eastern side of the rear upper level balcony.  In addition, planter boxes be erected to the northern boundary with suitable species to the satisfaction of the Director Planning & Community Development.

 

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:

 

10        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:

 

11        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.

 

12        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.

 

13        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.

 

14        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.

 

15        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.

 

16        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”.

 

17      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.

 

18      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.

 

19      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.

 

20      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:

 

21        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”.

 

22        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.

 

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

 

24        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.

           

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

 

26        Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written 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.

 

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

 

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

 

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

 

MOTION:  (Belleli/Notley-Smith)  SEE RESOLUTION.

 

(His Worship the Mayor, Cr M. Matson requested that his name be recorded as opposed to the resolution.

 

5.4     DEVELOPMENT APPLICATION REPORT - 172 BEACH STREET, COOGEE.  (D/0203/2004)

 

H29        RESOLUTION:  (Notley-Smith/Kenny) that this application be deferred to the next meeting of the Health, Building & Planning Committee to allow for further on-site inspections by Councillors in the company of Council officers, to address the location of the proposed balustrades.

 

MOTION:  (Notley-Smith/Kenny)  SEE RESOLUTION.

 

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.  (P/013566)

 

H30        RESOLUTION:  (Notley-Smith/Nash) 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.’

 

MOTION:  (Notley-Smith/Nash)  SEE RESOLUTION.

 

6.2         DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 33/2004 - DRAFT STATE ENVIRONMENTAL PLANNING POLICY (APPLICATION OF DEVELOPMENT STANDARDS) 2004.  (98/S/3412)

 

H31        RESOLUTION:  (Notley-Smith/Belleli) 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.

 

MOTION:  (Notley-Smith/Belleli)  SEE RESOLUTION.

 

6.3         DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 34/2004 - PUBLIC EXHIBITION OF BASIX – A RANDWICK COUNCIL SUBMISSION TO DIPNR.  (98/S/5307)

 

H32        RESOLUTION:  (Notley-Smith/Belleli) that Council:

 

a)             Note the development of the Building Sustainability Index, BASIX, by the Department of Infrastructure, Planning & Natural Resources; and

 

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

 

MOTION:  (Notley-Smith/Belleli)  SEE RESOLUTION.

 

6.4       DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 35/2004 - DRAFT FOOTPATH DINING & TRADING DCP.  (98/S/4356)

 

H33        RESOLUTION:  (Notley-Smith/Woodsmith) that this matter be deferred to the next Health, Building & Planning Committee Meeting to allow for submissions to be received from the newly appointed Access Committee and from members of the public.

 

MOTION:  (Notley-Smith/Woodsmith)  SEE RESOLUTION.

 

7.       GENERAL BUSINESS.

 

Nil.

8.             NOTICE OF RESCISSION MOTIONS.

 

Nil.

 

The meeting closed at 7.58 p.m.

 

 

 

 

 

……………………………………….

CHAIRPERSON