Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

31st August, 2004

 

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 7TH SEPTEMBER, 2004 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

NOTE: AT THE EXTRAORDINARY MEETING HELD ON 20TH APRIL, 2004, THE COUNCIL RESOLVED THAT THE HEALTH, BUILDING AND PLANNING COMMITTEE BE CONSTITUTED AS A COMMITTEE WHOSE MEMBERSHIP CONSISTS OF ALL MEMBERS OF THE COUNCIL AND WITH FULL DELEGATION TO DETERMINE MATTERS ON THE AGENDA.

 

 

1           Apologies

 

2           Minutes

 

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

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Mayoral Minutes

 

6           Development Applications

 

6.1                      

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT - 67/2004 - 73 FERN STREET, RANDWICK(DEFERRED.)

2

 

6.2                      

DEVELOPMENT APPLICATION REPORT - 1-81 LITTLE BAY ROAD, LITTLE BAY.

23

 

6.3                        

DEVELOPMENT APPLICATION REPORT - 9 DACRE STREET, MALABAR.

99

 

6.4                      

DEVELOPMENT APPLICATION REPORT - 7 HINKLER STREET, MAROUBRA.

143

 

6.5                      

DEVELOPMENT APPLICATION REPORT - 33-149 BUNDOCK STREET, KINGSFORD.  (PHASE 2A)

149

 

6.6                      

DEVELOPMENT APPLICATION REPORT - 33 - 149 BUNDOCK STREET, KINGSFORD.  (PHASE 2B)

201

 

6.7                      

DEVELOPMENT APPLICATION REPORT - 126 MARINE PARADE, MAROUBRA.

259

 

7           Miscellaneous

 

7.1                      

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 68/2004 - REGIONAL HOUSING COORDINATOR EMPLOYMENT.

352

 

7.2                      

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 69/2004 - AFFORDABLE HOUSING DRAFT LEP NO. 22.

356

7.3

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 70/2004 – 1430 ANZAC PARADE, LITTLE BAY. (PRINCE HENRY SITE) (Report to be separately circularised.)

 

 

8           General Business

 

9           Notice of Rescission Motions

 

 

 

 

……………………………

ACTING GENERAL MANAGER


 

Acting Director Planning & Community Development's Report 67/2004

 

 

SUBJECT:

73 FERN STREET, RANDWICK

 

 

DATE:

26 August, 2004

FILE NO:

DA597/2003A

 

 

REPORT BY:            ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

INTRODUCTION:

 

At the Ordinary Council Meeting held on Tuesday, 24th August, 2004 it was resolved:

 

that this matter be deferred to allow for mediation between the parties to take place and its relisting on the agenda of the Health, Building and Planning Committee Meeting to be held on Tuesday, 7th September, 2004.”

 

RECOMMENDATION:

 

That Council consider the recommendation in the Director Planning & Community Development’s Report No. 62/2004 dated 17th August, 2004.

 

ATTACHMENT/S:

 

Director Planning & Community Development's Report No. 62/2004 - from the Ordinary Council Meeting 24 August, 2004.

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

Acting Director Planning & Community Development's Report 62/2004

 

 

SUBJECT:

73 Fern Street, CLOVELLY.

 

 

DATE:

17 August, 2004

FILE NO:

DA597/2003/A

 

 

REPORT BY:            ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

Attached is the Development Application Report for a Section 96 application to increase size of first floor master bedroom by reducing the rear balcony depth and to increase the size of the ground floor family room by extending into the rear yard for Development Consent No 597/03.

 

RECOMMENDATION:

 

That Council consider and determine the Section 96 application in accordance with the recommendation contained in the attached report.

 

ATTACHMENT/S:

 

Development Application Report dated 17 August, 2004.

 

 

………………………………

………………………………

KAREN ARMSTONG

 

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

17 August, 2004

FILE NO:

DA597/2003/A

 

PROPOSAL:

 S96 application to increase size of first floor master bedroom by reducing the rear balcony depth and to increase the size of the ground floor family room by extending into the rear yard

PROPERTY:

 73 Fern Street, Clovelly

WARD:

 North Ward

APPLICANT:

 Mr A Van Dam

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to Council for determination at the request of Councillors Chris Bastic, John Procopiadis and Paul Tracey.

 

The modification seeks minor alterations to the approved plans by increasing the floor space of the first floor master bedroom and ground floor family room.  The estimated cost of the development is $125 000.

 

The main issues for consideration are the increased floor space ratio of the proposal and the potential loss of natural light and overshadowing to adjoining properties.

 

The application is recommended for approval subject to conditions.

 

2.       THE PROPOSAL

 

The proposal is for a Section 96 modification of the approved plans. The modifications will involve the following:

 

1.      Extending the ground floor family room by 1.5m into the rear yard.

 

2.      Extending the first floor master bedroom by 2m towards the rear by reducing the depth of the first floor balcony by 2m.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The locality is residential in nature and contains a mixture of semi detached and free standing dwellings. The subject premises is on the eastern side of Fern Street and contains a free standing single storey dwelling on an allotment of land with overall dimensions of 8.165m x 42.66m and an area of 343m2, the site is relatively level with a fall of up to 1.5m towards the rear of the premises.

 

Adjoining the site directly to the north is a substantial two storey dwelling on a site approximately 2m higher than the subject premises and to the south there is a two storey dwelling of similar bulk and scale as the proposed first floor addition to the dwelling. The premises to the rear of the dwelling are separated by Fern Lane.

 

4.       SITE HISTORY

 

a.  APPLICATION HISTORY

 

Approval was granted for ground floor alterations and first floor additions on 23 September 2003.

 

The application originally proposed to site the northern wall of the upper level in part upon the boundary, as does the existing ground floor level. Advice was provided to the applicant that this could not be supported due to the impact upon the adjoining premises, and as a result the plans were amended to have the whole upper level addition sited 900mm from the northern boundary.

 

5.       COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

Mr & Mrs Peters – 71 Fern Street, Clovelly

 

·        The amendment states that compliance with the development standards is considered unreasonable and unnecessary as the extent of the breach of development standards is minor and has no impact on the living environment of adjoining dwelling homes. This is definitely not correct.

 

Comment

 

The applicant lodged a SEPP 1 Objection which, given that the proposal is for alterations for a dwelling, is not required. Notwithstanding, the increase in the size of the master bedroom has been achieved by decreasing the size of the first floor balcony, which may have had the potential to impact on the visual and acoustic privacy of neighbouring properties. Although it is acknowledged that there will be an increase in the envelope of the building, the likely additional amenity impacts by the addition for surrounding properties will be minimal.

 

·        The setback between buildings at first floor between No. 71 & No. 73 will be 194cm. This is extremely close and result in loss of substantial light, sunlight, noise and views.

·        Proposal will further reduce the amount of natural lighting available through southern windows.

 

Comment

 

As mentioned earlier in this report under the “Application History” section, the original plans were amended to provide a 900mm setback between the northern boundary and the first floor addition. This setback was considered sufficient given that the ground floor is sited on the boundary. The proposed modification will not affect approved setbacks.

 

The northern side of the approved balcony is to have privacy screens 1800mm in height along its length. With the increase in the size of the master bedroom, a 2m section of this timber screen will be replaced by the continuation of the masonry wall. Again, the proposed modification and its minor nature will not adversely affect natural light of the property to the north.

 

It is also worth noting that since the recent first floor additions at No. 75 Fern St were built, the owners of No. 73 have had a much brighter kitchen (located on the southern side of the dwelling) due to the reflection of natural light off the rendered surface from this new wall.

 

·        The amendment states the proposal has not caused loss of views. This is incorrect as views are had through all first floor windows on the southern side.

 

Comment

 

The 2m increase in the first floor masonry wall to cater for the increase in size of the master bedroom will be replacing part of a 1.8m high privacy screen which formed part of a condition of the original development consent. This potential view loss is not considered to be an issue as views are still maintained and enjoyed from the sizeable balcony to the rear of the objectors dwelling. (see “View Loss” in the Environmental Assessment Section below).

 

·        Increased floor space ratio. Proposal is 24m2 over or 21.2% over council’s recommendation.

·        Also noted that staircase is not included in the FSR calculations and it is understood that it should be. This would increase the FSR even further. This could not be considered a minor increase.

 

Comment

 

The proposed modification seeks to increase the approved FSR from 0.66:1 to 0.7:1 (an additional 21m2). It is noted that the documentation supporting the application has stated that the FSR is to be 0.727:1 although based on calculations by the assessment officer this is incorrect and as such the FSR as calculated is 0.7:1. As mentioned previously in this report, it is acknowledged that the proposed modification exceeds the preferred solutions in the DCP for Dwelling Houses and Attached Dual Occupancies, however, based on the justification given in the application and the nature of the proposed modifications, it is considered that the performance requirement within the DCP has been met.

 

Mr Thomas Morrow – 75 Fern Street, Clovelly

 

·         The delegated report for the approved DA states that the maximum FSR of 0.65:1 applies. This is incorrect as based on the site area the FSR maximum should be 0.6:1 meaning the original approved DA was approved as being 10% over the allowable FSR. The proposed modification will increase this to 0.727:1, which is 21% over the allowable maximum.

 

Comment

 

Whilst the delegated report has referred to the incorrect FSR requirement, the current application refers to the correct FSR or 0.6:1 and has provided sufficient justification as to potential impacts on adjoining properties. Further, the assessment of the original proposal was made against the corresponding objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies in relation to density.

 

·         Given the extreme case of overshadowing on my property, there is no reason why Clause 32, Floor Space Ratio, of Randwick LEP should not be adhered to.

 

Comment

 

As mentioned previously, the subject property is a dwelling house, and as such, the applicable FSR requirement is contained within the DCP for Dwelling Houses and Attached Dual Occupancies. The FSR stipulated with the DCP is a preferred solution whereas the FSR in the Randwick LEP is a development standard and a SEPP 1 objection would be required to justify a non compliance only for buildings other than a dwelling house.

 

·         The development will have a drastic effect of shadowing on their property.

 

·         The DA amendment will further add to the shadowing problem, particularly in the principle outdoor recreation space.

 

Comment

 

Whilst it is agreed that the approved addition will overshadow 75 Fern St, the proposed modification will not significantly increase the overshadowing as the point from which the shadow is cast is taken from the outer edge of the roof over the balcony, which will not be altered.

 

·         Part of the open space on the balcony (approved on 73 Fern St) is being reduced, being replaced by a wall, which will further decrease the light received by their property.

 

Comment

 

The 2m increase in first floor wall length is considered to have a negligible impact on adjoining properties in terms of access to natural light.

 

6.    TECHNICAL OFFICERS COMMENTS

 

Referrals were not required in this case.

 

7.    MASTER PLANNING REQUIREMENTS

 

This heading has been considered but is not relevant.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council’s consent.

 

8.1  Policy Controls

 

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

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements or preferred solutions).

SOLAR ACCESS

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

 

 

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

 

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

 

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

 

 

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

 

 

 

 

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

 

 

The amount of additional overshadowing is minor and occurs as a result of the 1.5m ground floor extension only.

 

The additional impact occurs in the rear yard of the adjoining dwelling house at 75 Fern St. Given the above, the relevant preferred solution of the DCP concerning outdoor recreation space has been met.

LANDSCAPING & OPEN SPACE

P1 Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

S1 40% of the total site area is landscaped.

 

Currently, there is approx 41% of the site available as landscaped area therefore the preferred solutions of the DCP are met.

FLOOR AREA

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

FSR

>300 to 450m2    0.6:1

 

Original plans approved at 0.66:1. Proposed modification seeks increase to 0.7:1 – See Assessment Section

BUILDING SETBACKS

Rear Setback

 

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

Rear Setback

 

S2 No closer than 4.5m.

 

 

 

 

Rear setback is 10m and therefore complies with the DCP.

 

9.    SECTION 96 AMENDMENT

 

9.1  Substantially the same


The proposed modification represents a relatively small increase in the approved envelope and has not introduced any new elements. As such, the modifications to the development proposal are considered to represent substantially the same development as that originally approved.

 

9.2  Consideration of submissions

 

There will be no additional adverse impacts on adjoining neighbours by way of overshadowing, building bulk or loss of natural light due to the minor nature of the application. The submissions made as part of the notification period have been previously addressed under the “Community Consultation” section of this report.

 

10.  ENVIRONMENTAL ASSESSMENT

 

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

 

10.1   Floor Space Ratio

 

The original application was approved with an FSR of 0.66:1. The proposed modification will increase the FSR to 0.7:1. The applicant has stated that the introduction of varying setbacks, wall articulation, varying heights and creating interest in roof design has minimised any adverse effect on neighbouring dwellings. The applicant has also stated that “the majority of lot sizes and building floor areas in Fern St, Clovelly, and the surrounding areas are similar in size and site area.”

 

The performance requirement in the DCP for Dwelling Houses and Attached Dual Occupancies is that building bulk must be compatible with surrounding built forms and must minimise adverse effects of bulk on neighbours, streets and public open space. It is considered that whilst the preferred solution has been exceeded, the performance requirement has been met. The increased bulk cannot be seen from the street or public open space, the proposal is consistent with surrounding built forms and the addition represents a relative minor increase in terms of building bulk. Finally, neighbouring properties should not experience additional adverse impacts by way of overshadowing, loss of natural light and loss of views.

 

10.2   Solar Access

 

The amended shadow diagram submitted with the proposed modification, when compared to the shadow diagram submitted with the original plans, shows little change in overshadowing impacts as the adjoining dwelling to the south side will already be predominantly in shadow. As mentioned previously, the point from which the shadow is cast is from the roof of the first floor balcony which will not change under the proposed modification.

 

Whilst the proposal cannot meet the preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies, the performance requirement is met. The northern wall of the adjoining property to the south will not experience any additional overshadowing. The principle outdoor recreation area of the dwelling to the south will experience a slight increase in overshadowing although the shadow will be cast from the lower storey thus reducing the extent.

 

It should be acknowledged that the site is oriented east-west and slopes to the south, constraining development opportunities to some extent. The approved wall height is 6.5m on the northern elevation and 6.9m on the southern elevation thus complying with the preferred solution in the DCP for Dwelling Houses and Attached Dual Occupancies. Compliance with the height requirements will in turn reduce the impact of overshadowing to adjoining properties. Overall, the proposed modification will have minimal impacts in terms of additional overshadowing and the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies have been achieved.

 

10.3     View Loss

 

The nature of the views enjoyed at 71 Fern St are distant ocean views out of the objectors southern windows on the first floor. Views directly to the east are restricted by a mature grove of trees. Side views are more difficult to protect than views from front and rear boundaries. View loss to the south east is considered to be minor, particularly as a privacy screen 1.8m in height along the northern side of the approved first floor balcony was required by a condition of the original development consent. Given that a 2m length of this screen will be replaced by a masonry wall, and it has been demonstrated that the proposal meets the performance requirements in the DCP for Dwelling Houses and Attached Dual Occupancies, it would be difficult to warrant refusal of an application. In addition, views are still maintained and enjoyed from the sizeable balcony to the rear of the objectors dwelling

 

11.  CONCLUSION

 

The proposed modifications to the approved plans sought as part of this application are minor in nature relating to a minimal increase in FSR and subsequent building bulk located at the rear of the building. These modifications will have negligible impacts in terms of overshadowing and loss of light and views to adjoining properties. Overall, the proposal will not adversely affect the streetscape nor the amenity enjoyed by surrounding property owners.

 

RECOMMENDATION:

A.      THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 597/2003 on property 73 Fern Street, Clovelly in the following manner:

 

·       Amend Condition No. 1 to read:

 

1.       The development must be implemented substantially in accordance with the plans numbered 03 310 Sheets 1a to 9a, dated 25 August 2003 and received by Council on the 4 September 2003, the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered 03 310 Sheets 1b to 9b, dated 10 June 2004. and received by Council on the 28 June 2004, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

ATTACHMENT/S:

 

A4 Configurations

 

 

 

 

 

 

………………………………

………………………………

KAREN ARMSTRONG

ANDREW BEATTIE

ACTING DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

STUDENT PLANNER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

17 August, 2004

FILE NO:

D/1107/2003

 

PROPOSAL:

 Construction of 14 two storey attached townhouses above basement garaging on Lot 34 of the approved community title subdivision

PROPERTY:

 1-81 Little Bay Road, Little Bay

WARD:

 South Ward

APPLICANT:

 CPG Developments

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $3.45m.

 

The application proposes construction of a multi unit housing development comprised of 14 two storey attached dwellings over basement carpark in accordance with the provisions for ‘terrace housing’ under the approved Master Plan for the site (also known as the ‘Baybrook’ development). The main issue for consideration is the compliance of the proposal with the master plan provisions.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development seeks Council approval for the erection of fourteen two-storey townhouses comprising living areas (kitchen, dining, living and family rooms) on the ground floor and each having three bedrooms and two bathrooms (one ensuite) on the first floor level. Each dwelling is provided with two basement level car parking spaces and a storage area. Separate entries to each dwelling from the basement garaging have been provided to each townhouse.

 

The dwellings are contemporary in style and incorporate a range of materials and articulation to create visual interest. Wall treatments including various applied finishes and face brickwork are proposed. Each dwelling incorporates private open space to the front and rear of each lot. A 1.5 metre high paling fence is proposed to the rear of the dwellings with a 1.5m high timber screen fence proposed to the street alignment of each of the dwellings. Pedestrian access to the dwellings will be from the unnamed road to the north of the site and will be clearly articulated from the street by entry gates and awnings to the front door of each dwelling.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Little Bay Road, slightly east of its intersection with Bunnerong Road. The subject site comprises Lots 33-46 within the Baybrook Development. Baybrook comprises a total area of 4.393 hectares of vacant land at 1-81 Little Bay Road. This proposal relates to fourteen allotments of land. The allotments range in area from 200m2 to 315m2 Lots 41-46 (at the western end of the site are regular while lots 33-40 radiate from the curved street frontage resulting in slightly irregular allotments. The combined area of lots 33-46 is 3,188m2. The allotments are oriented to an unnamed and unformed road, forming the northern boundary of the lots. Lot 33 is a corner lot adjoining a second unnamed and unformed road. Lot 46 adjoins the western boundary of the site as a whole (which faces Bunnerong Road). To the north of the site (across the roadway) are lots 7-11, to the south of the site is a watercourse and large area of open space. To the northeast of the site across another roadway are Lots 26-32. The site falls to the south, towards a natural creekline that traverses the greater site.

 

Land to the north, south and east of the site will be developed in the future as part of the larger subdivision and will contain dwellings (this area is currently vacant). Further to the south is Woomera Reserve. To the north of the site across Little Bay Road is a womens’ athletic centre. Further past this to the east are dwelling houses. Further to the west across Bunnerong Road is the Botany Cemetery and Market Gardens.

 

Development in the area consists of a mixture of uses including residential (low scale in the form of single and two storey dwellings), open spaces and special uses such as the market gardens and cemetery.

 

 

 

 

 

 

 

 

 

 

 

 

Little Bay Rd looking west with site on left.            Looking across the site to the south from road.

 

4.    SITE HISTORY

 

Council approved a master plan for this site on 8 April 2003. The master plan envisaged redevelopment of the whole of the property at 1-81 Little Bay Road for small scale dwellings on individual torrens title allotments to medium density residential flat development on strata title. This report will make an assessment of the proposal against the master plan requirements.

 

A prelodgement meeting was held on 14 July 2003 to discuss a range of housing types to be constructed on the site. No major issues were raised with the designs at that stage.

 

Also of relevance to the subject DA is an application that was approved on 16 December 2003 (DA 03/00733) for the subdivision of the land and the associated works related to the subdivision. It is imperative that the proposed subdivision complies with all aspects of this subdivision approval and consent will be conditioned to enable this. Several applications for site works and stage 1 of the residential development have also been approved. Development Applications for other stages have been lodged and are currently being assessed.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with Council’s DCP for Public Notification of Development Proposals and Council Plans. No submissions were received in response to this notification and advertising.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Manager, Environmental Health and Building

 

The Manager, Environmental Health and Building provided the following comments in relation to the proposal:

 

Environmental Health Comments:

 

The proposal

 

The proposal consists of a development application for fourteen residential townhouses on lots 33-46, Baybrook, 1-81 Little Bay Road, Little Bay. Two development applications relevant the assessment of this development application have been received for this site. Development Application 03/425 has been assessed and approved for the clearing, excavation, filling and remediation of the contaminated areas and development application 03/733 has been received for the installation of infrastructure.

 

The issue of potentially contaminated land and the remediation of the land at this site has been addressed as part of Development Application 425/03 which proposes bulk earthworks and remediation at the site and has been assessed and conditioned by the Environmental Health Unit.

 

Key Issues

 

Land Contamination

 

The issue of potentially contaminated land and remediation has been satisfactorily addressed in previous development applications 03/425 and 03/733. To ensure that the site is suitable for development of six residential dwelling and that the proposed site remediation is undertaken satisfactorily, a condition requiring a Site Audit Statement and summary Site Audit Report be provided to Council prior to works commencing is to be included.

 

Acoustics

 

The lots included in this development application are to be developed as townhouses with common walls. After assessment of plans provided it is considered that there is little potential for impact on acoustic amenity. Standard acoustic conditions are to be included.

 

Building Comments:

 

The Proposal

 

The proposal provides for the erection of a 2 storey residential multi unit housing building, with basement level car park. The development is known as Stage 6 in the approved Master Plan 0006/2002/WA and is a townhouse style project.

 

BCA Building Classification

 

§  Class 2     -           Residential units/townhouses

§  Class 7a   -           Car park

 

Background

 

Vacant land.

A search of Council’s records could not disclose any previous use of a potentially contaminating nature.

 

Key Issues

 

Site Management:

No information in relation to construction site management has been provided with the application.

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

 

Building Code of Australia (BCA):

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

 

Conclusion:

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

 

RECOMMENDATION:

 

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

 

Conditions proposed by the Manager, Environmental Health and Building have been included in the recommendation section of this report (see Conditions 19-61).

 

1.     Director of Assets and Infrastructure

 

The Director, Assets and Infrastructure has provided the following comments in relation to the proposal:

 

An application has been received for the construction of 14 townhouses on Lots 33-46 of the Baybrook development.

 

Landscape Comments

There are no existing trees at this site that are covered by Council’s Tree Preservation Order, however, several amendments will need to be made to the landscape plans prior to the construction certificate application.

 

Drainage Comments

1. On-site stormwater detention is not required for this development however the stormwater discharge from the site is not to exceed 25 litres per/second for the 1 in 20 year storm.

2.

From discussions with the applicant, it is understood that a community title stormwater system is proposed to drain along the rear of the site; hence all site stormwater must be discharged by gravity to the proposed community title drainage system adjacent to the southern boundary of the site.

 

It is noted that the proposed community title drainage system does not form part of this development approval, however, the system must be completed prior to the issuing of the construction certificate. This is to ensure that stormwater runoff from the development site may be safely conveyed to Council’s external drainage system via the internal community title system.

 

Traffic / Civil Works Comments

As the land comes under Community Title subdivision, the DPCD is advised that the AIS Department has provided only general conditions for the vehicular access and alignment levels of the lots accessing Road No. 2. These relate to the works being in accordance with Australian Standard specifications for domestic driveways, and the alignment levels being generally 2.5% above the top of kerb level.

 

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

 

The driveway opening at the street frontage must be 5.50 metres wide and located at least 1.5 metres clear of the side property.

 

The internal driveway must be a minimum 5.50m wide (clear width) for the first 5 metres inside the property so as to allow entering & exiting vehicles to pass within the site.

 

The basement carpark shall generally conform to the requirements of AS2890.1 – 2004.

 

Carparking

AS2890.1 – 2004 specifies that the minimum length of a carspace is 5.40 metres. Given that the accompanying Statement of Environmental Effects specifies each double garage is to be enclosed, then the minimum enclosed space for each space must be 5.40 metres. The submitted plans appear to have several garages with smaller length carspaces.

 

The DPCD is to determine if the proposed car space lengths are satisfactory, and condition accordingly.

 

Waste Comments

The submitted plans do not show any waste storage areas being provided for the townhouses. Accordingly, the DPCD is advised that the AIS Department has conditioned for the provision of storage for 1 x 120L garbage bin and 1 x 240L recycling bin, within the front yard of each individual property. The DPCD is to determine if amended plans showing this waste storage detail are required before the issuing of any form of development consent, or alternatively the DPCD may wish to condition screening arrangements.

 

Should the application be approved the following conditions shall apply:

 

Conditions proposed by Assets and Infrastructure have been included in the recommendation section of this report (see Conditions 61-88). A condition has been imposed requiring the garbage areas to be incorporated into the fencing design and screened from the street (see Condition 3).

 

7.    MASTER PLANNING REQUIREMENTS

 

The approved master plan provides specific controls for terraces. An assessment of the proposal’s compliance with these specific controls is provided in the table below:

 

Control

Requirement

Proposal

Complies

Minimum Lot Size

200m2

200m2-315m2

Yes

Maximum Building Height

9.5m

Up to 7.7m

Yes

External Wall Height

7.0m

7.7m

No

Front Setback

5.5m

6.3-8m

Yes

Side Setbacks Ground

Nil

Nil, however increases to 7.5m between Lots 37 and 38 accommodate driveway

Yes

Side Setbacks 1st Floor

Nil

Nil, however increases to 7.5m between Lots 37 and 38 accommodate driveway

Yes

Rear Setback

6m average

4.5m minimum

6-7.5 metres to external wall. Decks to the rear of the dwellings are setback a minimum of 4.2 metres from rear boundary

Yes - see discussion below

Corner lot secondary setback

Nil

Nil

Yes

Landscaped area

50% of total terrace housing site area (1,594m2)

52% (1,654 m2)

Yes

Soft Landscaped area

50% of landscaped area (797m2)

69% (1,105m2)

Yes

Minimum contiguous private open space

25m2

25m2

Yes

Minimum dimension private open space

3 x 4m

3 x 5.5m

Yes

Maximum length of wall on primary frontage

10 metres

Approx. 8 metres

Yes

Maximum length of wall on secondary frontage

15 metres

Approx 9 metres

Yes

Minimum length of any step

3 metres

3 metres

Yes

Solar access to principal living areas

3 hours between 9am and 3pm midwinter

3 hours (+)

Yes

Solar access to private open space

3 hours between 9am and 3pm midwinter

3 hours (+)

Yes

NatHERs Rating

Minimum 3.5 stars

4.5-5.0 stars

Yes

Rainwater Storage

Minimum 5,000L to all detached dwellings

Attached dwellings

N/A

Parking

2 spaces per dwelling

2 per dwelling

Yes

Storage

8% of floor space of each dwelling and half must be provided within the dwelling (16-22m2)

Approx. 16m2 to all dwellings, 8m2 within basement.

Larger dwellings on Lots 33-39 require greater storage areas.

Dwellings on lots 33-39 to be conditioned to comply.

Dwelling Entries

Must be visible from the street

All are oriented to the street and visible from the street

Yes

Floor to ceiling height ground floor

2.7m

2.6 metres

No*

Floor to ceiling height first floor

2.6m

2.6 metres

Yes

Solid front fences within development

1.2m

1.5 metres

No

Fence to secondary frontage

1.5m or 1.8m where upper 2/3rds is 50% permeable

Not indicated to Bunnerong Road.

1.5 metres to Lot 33

Not indicated*

 

Yes

Fencing behind front building line

1.8m max.

1.5m

Yes

* May be conditioned by consent

 

The relevant sections of the master plan relating to terrace houses have been assessed below.

 

1.1  Building design is to achieve architectural consistency with blocks to be developed in a holistic and cohesive manner.

 

Comment: The proposed dwellings achieve consistency of scale and design. The design of the dwellings as attached townhouses results in a single building form, providing a cohesive streetscape presentation. The design has predominantly vertical proportions. Horizontal articulation is provided by horizontal banding of materials and expressed joints in the masonry façade. The street elevation of the proposal is staggered to provide strong relief to the façade. Porticos and awnings provide visual interest and identification for each of the houses.

 

1.2  Building facades to streets are to incorporate the following design characteristics:

§ Well proportioned and spaced windows appropriate to their orientation;

§ Architectural features at ground level that reinforce dwelling address such as entrance porches;

§ Well balanced projected and recessed sections of balconies;

§ Use of appropriate environmental controls such as verandahs, sliding screens, window hoods and the like;

§ Coordinated and compatible materials and finishes where neutral colours predominate with strong colours limited to accent elements up to a maximum of 10% of the façade area.

Comment: The proportions and spacing of the windows is consistent with the intent of the master plan. Windows are spaced evenly and have a vertical proportion consistent with the vertical proportions of the facade. Covered entries are provided to most dwellings with access from the road to the north of the site and the location of the entry is clearly expressed to the street. Windows and glazed operable doors are located on the northern elevation to maximise solar access with additional openings provided on the southern side of the building to assist in cross ventilation and increase access to natural daylight.

 

Environmental controls such as sliding doors, porticos and pergolas are all features of the dwellings which improve the amenity to the dwellings and their environmental performance. Colours and materials have been submitted that indicate predominantly neutral colours with red, brown and lighter brown (‘grey’) bricks being proposed. Materials and colours will be conditioned as part of the consent to ensure compliance with the intent of the master plan.

 

1.3  All dwellings are to be designed to achieve cross-ventilation

 

Comment: All dwellings have been designed to achieve good through flow of air. Internal rooms and spaces are an open plan design with windows on opposing elevations to facilitate cross ventilation.

 

1.4  Building fronts and entries are to be readily apparent from the street and convey a sense of address.  Buildings fronting the public street must have their main entrance and windows from some habitable rooms facing the street. Building detailing and articulation must enable dwellings to be identified from the street.

 

Comment: The main entries to the dwellings are readily apparent from the street for all dwellings. The living room windows and bedrooms of all dwellings face the street and the buildings are well detailed and articulated.  Kitchen/Family rooms and bedrooms face south and overlook the public open space to the south of the site, providing surveillance and a sense of security. The proposal complies with the master plan requirement.

 

1.5  Buildings are to be aligned predominantly parallel to the street boundary and predominantly to the street setback line.

 

Comment: All of the proposed dwellings are sited in parallel alignment with the street boundary to the north of the lots. The front setback of the dwellings is consistent with slight variations to accommodate the curvature of the frontage and to provide adequate moulding to the façade.

 

1.6  To ensure that garages, parking structures and parking areas are located and designed so they do not to dominate the street frontage.

 

Comment: The proposed garaging is located beneath the building with a driveway located at the centre of the development (between lots 37 and 38). The provision of basement parking to the 14 dwellings has ensured the curved frontage of the lots is not dominated by garages or driveways and that the elevation of the building to the street is maximised. The location of the driveway is also consistent with the site layout in the approved master plan. The proposed dwellings will not result in parking structures which dominate the street frontage.

 

1.7  Carports and garages fronting public streets are to have a maximum opening width of 6 m or 1/3 of the width of the lot, whichever is less.

 

Comment: The driveway has a width of 5.5 metres at the street boundary and complies with the Master Plan requirement.

 

1.8  Garages are to be located within the building envelope of the associated dwelling and behind the front building line.

 

Comment: Basement parking is provided for this portion of the development.

 

1.9  Carports are to be located behind the front building line of the associated dwelling.

 

Comment: No carports are proposed for the dwellings.

 

1.10   Driveways to underground car parks must be designed with minimal visual impacts on the street and should be separate from pedestrian access.

 

Comment: The parking provision and driveway has been well integrated into the overall building design and the proposed driveway does not interfere with pedestrian access to the site.

 

1.11   Building facades are to provide environmental amenity through sun shading devices, privacy screens and noise barriers combined with useable outdoor areas.

 

Comment: The proposed dwellings contain two usable out door areas with a range of hard and soft landscaping, inclusion of utilities for clothes drying and areas for passive and active recreation. Due to the orientation of the site, the front and rear yards are located so that front yard will be penetrated by full sunlight while the rear yard is overshadowed. This provides flexibility for a variety of weather situations and caters for seasonal changes. The front yards are screened from the street by fencing and vegetation. The dwellings are oriented to the north with each dwelling having at least one north-facing living area, awnings and overhangs have been employed to moderate solar access and provide further amenity to residents. The proposal complies with 1.11 of the master plan.

 

1.12   Fences on street frontages are designed to address the amenity of the street, surveillance and safety, security of private property, and the use of front garden space.

 

Comment: The height of the proposed fencing complies with the Master Plan provisions and incorporates landscaping in front of and behind the fencing to soften the appearance of the development from the street. The plans do not detail fencing to the western boundary of lot 46 (to Bunnerong Road). Condition 2 requires this fencing to be a maximum of 1.5 metres high in accordance with the Master plan.

 

1.13   Ensure a safe physical environment by promoting crime prevention through design.

 

Comment: The proposed development encourages a high degree of visibility to the street from the entrances and has been designed to minimise areas where assailants may be concealed. The proposal provides a long frontage to the creek and public open space through the centre of the site that will provide passive surveillance and contribute to the sense of security in this space. Each dwelling can be accessed directly from the basement garaging via individual secured lobby areas. The proposal has been designed with a high level of safety measures to prevent crime.

 

1.14   External wall height for terrace houses shall be 7.0m

 

Comment: Refer to discussion under section 8 Height, below.

 

1.15     Rear setback to terraces shall be 6m average and 4.5m minimum.

 

Comment: The proposed dwellings generally comply with this requirement having a minimum setback to the rear wall of the dwellings of 6-7.5 metres. Decks to the rear of the dwellings are setback less than this requirement being up to 4.2 metres from the rear boundary. This is considered to be a minor non-compliance as the decks are covered by a light pergola structure and are open in nature. The decks will not affect the bulk and scale of the development as viewed from the public open space to the rear of the site. The reduction of the rear setback has not reduced opportunities for deep soil planting and the basement has been setback more than the 6 metre average required by the master plan to maximise deep soil areas. The encroachment of the decks will not result in visual privacy or overshadowing impacts to surrounding allotments due to the location of the site on the edge of the central ‘buffer zone’. The decks are generously sized and will provide usable outdoor areas that are level with the finished floor levels of the dwellings (which are raised as a result of flooding conditions on the site).

 

1.16   Rainwater tanks are to be provided to all detached dwellings for garden watering, irrigation systems, outdoor uses and toilet flushing and washing machine use.

 

Comment: Rainwater tanks are not required for this development as attached dwellings are proposed.

 

1.17   All dwellings are to include a gas-boosted 5-star solar hot water heating system.

 

Comment: A condition has been imposed ensuring that this is achieved (see Condition 8).

 

1.18   All buildings will demonstrate energy efficient design achieving a NatHERS rating of not less than 3.5 stars.

 

Comment: The dwellings achieve NatHERS ratings varying between 4.5 stars and 5 stars. The proposal complies with this requirement.

 

1.19   Porous paving will be utilised on all private allotments.

 

Comment: The proposal generally provides adequate areas for stormwater infiltration. Condition 84j requires all pathways to utilise porous paving to maximise infiltration. Patio areas to the townhouses are limited in size and use of porous paving to these areas may compromise their use for recreation.

 

1.20   Water smart plumbing fixtures will be integrated into building design.

 

Comment: A condition has been proposed to ensure that the plumbing installed minimises the consumption of water (see Condition 6).

 

1.21   The landscaping, orientation, siting and dwelling layout are to ensure solar access to living areas and private open space and maximise use of cooling breezes.

 

Comment: The proposed dwellings have been designed and sited to maximise cross ventilation and solar access penetration to living areas and private open spaces.

 

1.22   The design of a development is to minimise overshadowing of neighbours’ dwellings, their private open space or any solar collectors.

 

Comment: The shadow diagrams indicate that the adjacent properties (currently undeveloped) to the south will receive good solar penetration in accordance with the master plan between will not be affected by overshadowing. Overshadowing to the adjacent public open space directly to the south of the site will occur throughout the day, midwinter with the greatest impact occurring at 3pm. Shadow will only reach the watercourse to the south of the site at 3pm midwinter. The southern side of the public open space will remain in full sun at midwinter. The proposal complies with the master plan requirements and no objections are raised with respect to overshadowing.

 

1.23   Windows are to be located, sized and shaded to maximise sunshine access and penetration in winter and exclude it in summer, with large windows facing a northerly direction. Western and south-western orientation of large expanses of glass is to be generally avoided or minimised and protected with effective shading devices.

 

Comment: There are generally no windows to the eastern and western elevations of the dwellings as these are common walls between dwellings. This complies with the master plan requirement.

 

1.24   Trees and plants are to be selected and planted to provide shade in summer yet also allow winter sun entry.

 

Comment: The submitted landscape plans indicate deciduous trees are proposed to be planted in the northern yards of the townhouses. This planting scheme will fulfil the above requirement.

 

1.25   The principal living room of dwellings is to have at least 3 hours sunlight between 9.00am and 3.00pm on June 21; and sunlight is to be available to the principal area of ground level private open space for at least 3 hours between 9.00am and 3.00pm on June 21.

 

Comment: The proposed dwellings are all north facing allotments and all comply with the requirement for solar access.

 

1.26   External drying areas are to be available and readily accessible to all dwellings and sited to receive good winter sun and breezes.

 

Comment: External drying areas are proposed to all of the dwellings. Due to the orientation of the allotments these areas are provided on the southern side of the development and do not have access to sunlight during midwinter, but will have access to breezes. Lots 33-37 will receive morning sun to the external drying areas, midwinter.

 

1.27   Water flow reducing fittings or flow reduction valves are to be installed to all service outlets.

 

Comment: A condition will be imposed to ensure this (see Condition 13).

 

1.28   Windows and building layout should facilitate summer cooling by cross ventilation.  No dwelling is to rely solely on air-conditioning for thermal comfort.

 

Comment: The proposed development has been designed with good levels of cross ventilation. This is achieved with open plan living, split levels, and interconnected living areas that open out onto open space.

 

1.29   Internal rooms reliant on artificial lighting and mechanical ventilation should be minimised.

 

Comment: The proposed development complies with this requirement and has been designed to maximise natural solar access and ventilation.

 

1.30   In all dwellings a maximum of 50% of lighting should be incandescent or low voltage.

 

Comment: A condition has been proposed to ensure the development complies with this requirement (see condition 12).

 

1.31   Materials selection takes into account the life cycle effect of their manufacture, use and disposal.

 

Comment: The proposal complies with this requirement as far is practicable in terms of materials available.

 

1.32   The use of PVC is to be minimised.

 

Comment: Information regarding this has not been provided. A condition has been proposed to reinforce this (see Condition 14).

 

1.33   Water efficient plumbing fixtures are to be integrated into the building design including, but not limited to dual flush toilets and low flow shower heads and tap roses (triple A rated).

 

Comment: A condition has been proposed to ensure water efficient plumbing fixtures are installed (see Condition 6).

 

1.34   In-sink food and waste disposal systems are not to be installed.

 

Comment: Details of the kitchen appliances to be installed have not been provided. As such, a condition has been proposed to ensure these devices are not installed (see Condition 11).

 

1.35   The design of landscaped areas is to provide for on-site composting.

 

Comment: Sufficient open space is provided to the dwellings to accommodate on-site composting facilities. Condition 15 requires composting facilities to be shown on the landscaping plans for the site.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-           Randwick Local Environmental Plan 1998.

-           State Environmental Planning Policy No. 1 – Development Standards

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

-           Development Control Plan – Multi Unit Housing

-           DCP – Parking

-           Section 94 Contributions Plan

-           Rainwater Tanks Policy

 

(a)    Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2B under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

CLAUSE

Requirement

Provided

Compliance

21 – Subdivision

Only with Council approval

Council approved Lot 34 (townhouses) for strata subdivision under DA 733/2003

N/A

31 (2)– Landscape Area

50% of site area

(1,594m2)

52%

(1,654 m2)

Yes

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

Not to exceed 50% of landscaped area requirement

(25% of site area)

(797m2)

0%

(0m2 over basement)

Yes

32 (1) – FSR

0.65:1

(2,072.2m2)

0.91:1

(2,906m2)

No1

33 (1)– Building Height

9.5m

7.7m

Yes

33 (3)- External Wall Height

7m

7.7m

No1

1SEPP 1 Objection lodged

 

The proposed development is will provide a greater variety of housing in the 2B zone, having an attached townhouse form on strata title. A master plan has been approved for the site which has taken a holistic approach to the density and form of housing and has considered the amenity of surrounding residential areas. The proposal is consistent with the objectives of the 2B zone.

 

State Environmental Planning Policy No. 1 – Development Standards

 

An objection under SEPP 1 has been lodged to support non-compliances with Council’s External Wall Height and FSR as set by clause 32(2) and 33(3) of the LEP 1998. The SEPP 1 objections are discussed in detail in section 8.1 of this report.

 

8.1  Policy Controls

a.   Development Control Plan – Multi Unit Housing

 

Landscaping

 

The development provides 52% (1,654m2) of the site area as landscaping. This complies with the statutory requirement under clause 31(2) of the RLEP98 of 50% (1,594m2). None of the landscaping occurs over basement areas, which meets the requirement under clause 31(3) of the LEP, limiting landscaping over basements to less than 50% of the required landscaping.

 

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

 

The master plan contains similar controls to the DCP. The proposal complies with the overall and soft landscaping requirements of the LEP.

 

Floor Area

 

The FSR of the proposal is 0.91:1 (2,906m2) and exceeds that permissible under clause 32(1) of the RLEP 98 for a development on the site, being 0.65:1 (2,072.2m2) by 834m2. The applicant submitted an objection under State Environmental Planning Policy No.1 - Development Standards in relation to non-compliance of the scheme and has argued that strict compliance with clause 32 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

·    Baybrook comprises a mix of dwelling types and lot sizes, and provides for a total of 66 dwellings at a density of 15 dwellings per hectare. The proposed scale, form and density of the development is consistent with NSW government guidelines.

·    As outlined in the Master Plan and discussed at a meeting with Council, the FSR provision of 0.65:1 is averaged across the site. Therefore, based on the site area of 43,930m2 this equates to some 28,555m2 of floorspace. Indicative floor space across the site were noted as follows:

-           14 townhouses@ 250m2                                 3,500m2

-           52 detached dwelling houses @440m2           22,880m2

            Total                                                                26,380m2

·    The approximate area of floorspace therefore complies with the FSR provision across the site whilst also providing over 50% of the site area as landscaping (both public domain and individual allotments. Based on the above calculations, the total floor space of the townhouses in Stage 6 is lower than was originally anticipated. The total gross floor area of the townhouses is approximately 2,960m2, which equates to an average of 211.4m2 per dwelling.

·    The averaging of the floor space ratio across the site was approved by Council by way of the adoption of the Baybrook Master Plan. The Master Plan establishes an overall vision and introduces detailed planning principles and design guidelines for the future development of the site.

·    Whilst the townhouses within Stage 6 of Baybrook exceed the maximum floor space ratio control, it should be noted that each townhouse complies with the minimum requirements for landscaped area. The proposed townhouses do not represent an overdevelopment of the site. The proposal provides 14 architect designed townhouses within a community title, master planned estate with a high level of environmental amenity.

 

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

 

The approved master plan allows for an averaged density control on the site in order to constrain development to a smaller area of the site and achieve a large area of communal open space including the watercourse landscaped corridor running through the site free of development. A running tally is being kept on the development as a whole to ensure that the control of an average FSR of 0.65:1 is maintained across the development as a whole.

 

The development will not result in significant overshadowing, view loss or privacy impacts to surrounding properties and provides more parking than is required under Council’s DCP. Compliance with the landscaping and overall height standard has also reduced impacts and indicates that the proposal is not an overdevelopment of the site.

 

The non-compliance with the floor space ratio standard contained in clause 32 of the Randwick LEP will not result in significant impacts on adjoining development and is consistent with the averaged FSR allowed under the approved Master Plan for the site and therefore strict compliance is unnecessary in the circumstances of the case. It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity, overall height, landscaping and parking. It is considered that SEPP 1 objection is well founded and should be supported.

 

Height

 

The development has a maximum overall and external wall height of 7.7 metres and complies with the statutory standard for overall height under RLEP98 of 9.5 metres. The external wall height of 7.7 metres does not comply with the statutory standard under RLEP 98 of 7 metres by 600mm. The applicant submitted an objection under State Environmental Planning Policy No.1 - Development Standards in relation to non-compliance of the scheme and has argued that strict compliance with clause 32 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

·    The maximum external wall height within Stage 6 of the Baybrook development varies from 7.0 metres to 7.7 metres to its south elevation, as measured vertically from ground level. To the northern elevation all wall heights are below the maximum external wall height with the exception of Lot 40 which is 7.2 metres high. It should be noted that all townhouses comply with the overall maximum height of a building, being 9.5 metres, and are in fact well below this height.

·    The proposed scale, form and density of the development is consistent with NSW government guidelines.

·    The ground is steeply sloping from north to south with a fall of approximately 1 metre from the front to the rear of the terraces. For the southern elevation to comply with the maximum height control of 7 metres the front of the terraces would have had to be lowered by up to 0.7 metres, seriously affecting their liveability.

·    The terraces comply with the maximum height standard to the northern elevation. As the only road adjacent to the terraces is to the north the interaction with the primary streetscape complies with Council controls. Lot 40 is a minor exception to this with a maximum wall height of 7.2 metres. This minor non-compliance is the result of varying the façade to provide visual interest and articulation to the streetscape.

·    The ceiling, and therefore the occupied part, of all dwellings complies with the 7 metre height control. The only part of the terraces that exceeds 7 metres in height are the parapets which add to the interest and modern look of the terraces.

·    The southern elevation of the streetscape is over 50 metres from the nearest proposed dwelling (part of Stage 7 in Baybrook) and will therefore not adversely affect the amenity of other residents.

·    Whilst the townhouses within Stage 6 of Baybrook exceed the maximum external wall height control, it should be noted that each townhouse complies with the minimum requirements for landscaped area. The proposed townhouses do not represent an overdevelopment of the site. The proposal provides 14 architect designed townhouses within a community title, master planned estate with a high level of environmental amenity.

 

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

 

All of the dwellings are two storeys. The proposal has an external wall height of 7.7 metres which does not comply with the maximum set by Council’s LEP 98 or the approved master plan for the site. The applicant argues that this non-compliance is the result of the parapet walls and the desire to have the terrace houses appear as the same height despite the fall across the allotments. However, the basement parking protrudes 700mm to 1.0 metre above existing ground level and this is considered to be the main reason for the non-compliance with the external wall height provisions of the master plan. Figure 4d in the master plan indicates the building envelope for terrace houses. This diagram indicates provision for the basement to protrude above existing ground level (where the topography slopes down) and for fill to be used to modify existing ground levels. Additional advice has been provided from the AIS that the basement is out of the ground due to the need to preserve levels on the site above the 1:100 year flood level at the same time as achieving an acceptable driveway gradient along the narrow width of the site. As such further excavation is not considered to be a viable option to reduce the height of the townhouses.

 

The height of the town houses is considered to be acceptable, given this concession within the master plan and that the additional height will not result in substantial additional overshadowing, visual bulk or privacy impacts. In addition, the proposal has a two storey scale and is well within the overall height limit of 9.5 metres indicating that the non-compliance is not the result of overdevelopment.

 

The non-compliance with the external wall height standard contained in clause 33 of the Randwick LEP will not result in significant impacts on adjoining development the building envelope is generally consistent with the approved Master Plan for the site. It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity, overall height, landscaping and parking. It is considered that SEPP 1 objection is well founded and should be supported.

 

Building Setbacks

 

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

 

Preferred solutions include that side setbacks be an average of 4 metres with no part of the building being closer than 2.5 metres from any side boundary. Rear boundary setbacks are to be an average of 6 metres with no part of the building being closer than 4.5m from the rear boundary. As the site is currently vacant, there is no established streetscape. The proposal takes up a full block of the development and provides a front setback of 6.3-8 metres. This is consistent with the master plan requirement and front setbacks throughout the development. Consistency of front setbacks will ensure the development, once completed, provides for a continuous streetscape.

 

The master plan requires an average rear setback of 6 metres in accordance with the DCP. A minimum of 4.5 metres that is consistent with the DCP is also set. The proposal generally complies with the minimum 4.5 metre rear setback required by the DCP, with some ground floor decks encroaching up to 300mm into the rear setback. This non-compliance will not result in amenity impacts and therefore may be supported. The proposed attached dwellings do not require side setbacks and the use of the site for townhouse development in this form was endorsed by the master plan. The westernmost townhouse is setback 1.375- 1.9 metres from the western boundary of the site and the easternmost townhouse is to be built 0-0.3 metres from the eastern boundary of the site. The non-compliance with the side setback requirements of the DCP will not result in visual privacy, streetscape or overshadowing impacts and will not result in excessive visual bulk or dominance of the streetscape. The proposal is considered satisfactory with regard to setbacks.

 

Visual & Acoustic Privacy

 

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

 

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

 

The buildings have been designed to ensure that privacy is maintained between dwellings. Windows are oriented to the street and public open space at the rear of the site. While bedrooms at first floor level have the opportunity to overlook the rear yards of adjacent dwellings, the landscaping plans submitted with the application indicate large canopy trees will obstruct view lines from these windows and ensure the privacy of the rear yards.

 

The proposal is satisfactory with regard to visual and acoustic privacy.

 

Safety & Security

 

The objectives and performance requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance, dwellings and their entrances are readily identifiable by street numbering and design of front fences and landscaped areas allows for safe access to the dwelling. Carparking areas are to be secured.

 

Front fencing indicated to the proposal does not comply with the master plan requirement of 1.2 metres. The non-compliance is not considered to result in significant impacts on the streetscape as it is consistent along the townhouse frontage and will not disrupt opportunities for surveillance of the street. The fencing also provides additional amenity to the north facing front courtyards which afford the best outdoor amenity for the dwellings. All dwelling entries face the street, and are well articulated with entry gates and porticos. Windows and low fencing (1.5m) to the rear of the site will provide passive surveillance of the public open space to the south. A condition requiring installation of a security grille to the carparking has been included in the recommendation (see condition 3). The proposal is satisfactory with regard to safety and security.

 

Garages & Driveways

 

The objectives and performance requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwellings and the street scape and that adequate facilities, including bicycle parking are provided.

 

Parking has been located in the basement of the proposal and this has minimised the visual impact of the parking on the street frontage. Two spaces have been provided to each dwelling, in accordance with the requirements of the DCP (1.5 spaces per dwelling). 3.5 visitor spaces are required under the DCP. This has not been specifically provided, however a total of 28 spaces are provided which exceeds the total amount of parking (resident and visitor) required by Council’s DCP by 3 spaces. In addition, the new roads within the development site will provide adequate parking and ensure any additional parking requirements are accommodated within the development and do not impact on existing streets. Bicycle parking has not been indicated, however it is considered that this can be accommodated within each of the basement ‘garage’ areas for each dwelling. The gradient and dimensions of the parking areas comply with the preferred solutions under the DCP.

 

Fences

 

Generally the objectives and performance requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the development and any established local fence form and material.

 

Preferred solutions include that solid fences front fences are no higher than 1200mm and or 1800mm maximum in height if designed so that the upper two thirds is at least 50% open.

 

The master plan generally reflects the DCP controls with regard to fencing. Where compliance has not been indicated or achieved, conditions have been applied to ensure compliance (see Condition 2).

 

Solar Access and Energy Efficiency

 

The overall objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction, the use of appropriate resources, encourage the use of passive solar design, and protect solar access enjoyed by the adjoining premises.

 

75% of the dwellings within the development must demonstrate that they have been designed to achieve an energy efficiency, NatHERS, rating of 3.5 stars and buildings are orientated and internally configured to take advantage of and maximise solar access.

 

The preferred solutions of the DCP include that private open spaces, outdoor recreation areas and north facing windows to the subject and adjoining premises receive at least 3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm during the winter equinox. If less than the preferred solution is currently available access to sunlight should not be reduced.

 

The preferred solutions of the DCP state that the design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties. Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.

 

All dwellings achieve a rating of between 4.5 and 5 stars. The proposal will receive adequate solar access and will not significantly overshadow itself. The development will not affect any surrounding residential allotments and has minimised impacts to the public open space to the south, with the major impact occurring at 3pm midwinter. The maximum impact will not affect solar access to the existing watercourse on the site. The proposal is satisfactory with regard to solar access and energy efficiency requirements of the DCP and also fulfils the controls set by the approved master plan, which are generally more onerous than the DCP.

 

b.   DCP - Parking

 

Parking rates and layout requirements for multi unit housing have generally been incorporated in the Multi Unit Housing DCP. The proposal complies with the number of spaces required, driveway location, width and gradient controls. Council’s Traffic and Parking Engineer has commented on the proposal and is satisfied that it meets the requirements of Council’s DCP Parking, subject to conditions of consent (see Conditions 61-68).

 

8.2  Council Policies

a.   Section 94 Contributions Plan

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes fourteen new dwellings each having 3(+) bedrooms. The outcome of this assessment is that a contribution of $55,585.00 is payable (including administration charges). Payment of the contribution has been included in Condition 18 of the recommendation.

 

b.   Rainwater Tanks Policy, 2003

 

The Master Plan does not require rainwater storage for the attached dwellings on the site, however Council’s Rainwater Tanks Policy requires rainwater tanks to be installed in all new developments. A condition requiring the installation of a rainwater tank in accordance with Council’s Rainwater Tanks Policy has been included in the recommendation section of this report (Condition 9).

 

9.    ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. Consideration of the relevant environmental criteria is provided in Section 7 and 8 of this report, above.

 

10.  CONCLUSION

 

It is considered that the proposed building is appropriate on the site given the desired future character of the area, the objectives and standards contained within the RLEP98, the Multi Unit Housing DCP and the approved master plan for the site. The development proposes a building envelope, FSR, height and landscaping that generally meet the criteria and fulfil these objectives.

 

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

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA 1107/2003 for Construction of 14 two storey attached townhouses above basement garaging on Lot 34 of the approved community title subdivision at 1-81 Little Bay Road, Little Bay subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered P6.01 to P6.11 drawn by Wolski Lycenko Brecknock Architects, plot date 01DEC03 and stamped received by Council on 2 December 2003 and Issue B of the Landscaping Plans drawn by HASSELL Pty Ltd numbered 3142B/CD-001 to 3142B/CD-011, dated Nov 03 and stamped received by Council on 2 December 2003, stamped received on the 15 June 2004, and the colour schemes provided as Appendix C to the Statement of Environmental Effects (SEE) ,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 front fence to the northern boundary is not to exceed 1.5m in height. Fences to secondary frontages to Bunnerong Road and roads within the development may be up to 1.5 metres in height. All other fences may have a maximum height of 1.8m. This condition is imposed ensure surveillance and the desired future character of the street can be maintained. Details required by this condition are to be provided with the Construction Certificate application.

 

3.         The floor to ceiling height of the ground floor of each of the dwellings is to be 2.7 metres and the floor to ceiling height of the first floor level of each dwelling is to be 2.6 metres in accordance with the approved master plan for the site. This condition is imposed to ensure compliance with the adopted master plan. Details are to be provided on the plans submitted with the Construction Certificate application.

 

4.         A roller door or gate with an open grille design is to be provided to the carparking to maintain security to the carparking area with a facility for remote access for residents.

 

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

 

5.         Garbage storage areas are to be provided in accordance with condition 83 in the front yards of each of the dwellings. These garbage storage areas are to be a maximum of 1.5 metres in height and are to be incorporated into the fencing design so that they are screened from the street and their location does not interfere with use of the north facing courtyard areas to the front of each dwelling.

 

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

 

8.         Each dwelling is to be provided with a gas-boosted 5-star solar hot water heating system.

 

9.         A rainwater tank, of sufficient size to provide water for irrigation of 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 500mm from the side boundaries and is to have a maximum height of 2.4 metres.  The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate plans, to the satisfaction of the Certifying Authority.

 

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

 

10.       External drying areas are to be available and readily accessible to all dwellings and sited to receive good winter sun and breezes.

 

11.       In-sink food and waste disposal systems are not to be installed.

 

12.       A maximum of 50% of lighting should be incandescent or low voltage.

 

13.       Water flow reducing fittings or flow reduction valves are to be installed to all service outlets.

 

14.       The use of PVC is to be minimised.

 

15.       The design of landscaped areas is to provide for on-site composting.

 

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

 

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

 

17.       Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council. The site will require submission of a Changing Address application to Council, prior to installation of any numbering to ensure that the premises is numbered appropriately and relevant authorities are notified of any changes.

 

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

 

18.       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               $ 38,248.00

b)       for the provision or improvement of community facilities   $ 16,912.00

c)       Administration fee $425.00                                                         $      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 maintain reasonable levels of environmental amenity and public health safety.

 

19.     The applicant is to engage an Environment Protection Authority (EPA) Accredited Site Auditor. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to and accepted by Council, prior to works commencing, stating that the site is suitable for the intended development and use.

 

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

 

20.     The site audit statement shall be developed and prepared in accordance with the following:

 

a.   The proponent shall engage the services of a site auditor holding current accreditation in accordance with sections 49 and 50 of the Contaminated Land Management Act 1997.

 

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

 

c.   The remediation of the site including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards.

 

d.   Site remediation for any part of the site must be completed prior to the issue of a subdivision certificate for that part of the site.  No subdivision certificate will be issued for any part of the site until the receipt by Council of an acceptable site audit statement for that part of the site.

 

e.   Any beneficial reuse of material onsite is to be monitored and classified by a suitably experienced environmental specialist, together with the site auditor. Such material must be certified by a Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998 and shall be furnished to Council prior to the commencement of building works. The site audit statement issued to Council shall be unconditional, in that it requires no further monitoring, on going review or remedial actions, and shall cover both land and groundwater.

 

f.    The Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns (for example, the potential effects on wildlife) and the protection of ground and surface water.

 

g.   Any new information which comes to light during remediation, demolition or construction works, which has the potential to alter previous conclusions about site contamination, shall be notified to the Council and the Principal Certifying Authority immediately.

 

21.     Any new information which comes to light during remediation, demolition or construction works, which has the potential to alter previous conclusions about site contamination, shall be notified to the Council and the Principal Certifying Authority immediately.

 

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:

 

22.     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.

 

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

 

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

 

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

 

25.     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.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     An Occupation Certificate must be obtained from the principal certifying authority prior to any occupation of the building work encompassed in this development consent in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

30.     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.

 

31.     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:

 

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

 

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

 

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

 

33.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which states that damage should not occur to any adjoining premises and public place as a result of the works.

 

34.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

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

 

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

 

36.     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.

 

37.     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.

 

38.     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.

 

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

 

40.     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.

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     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.

 

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

 

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

 

46.     A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that ‘unauthorised entry to the site is prohibited’ and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours.

 

In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act 1989 and Regulations.

 

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

 

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

 

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

 

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

 

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

 

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

 

51.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

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

 

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

·        location of site storage areas/sheds/equipment;

·        location of building materials for construction;

·        provisions for public safety;

·        dust control measures;

·        site access location and construction

·        details of methods of disposal of demolition materials;

·        protective measures for tree preservation;

·        provisions for temporary sanitary facilities;

·        location and size of waste containers/bulk bins;

·        details of proposed sediment and erosion control measures;

·        construction noise and vibration management.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·        Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      the slope of the land

·      site access points and access control measures

·      location and type of all sediment and erosion control measures

·      location of existing vegetation, to be retained

·      material stockpile or storage areas and methods of sediment control

·      location of existing and proposed drainage systems

·      proposed disposal of site water

·      location of building operations and equipment

·      proposed re-vegetation details

 

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

 

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

 

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

 

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

 

58.     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.

 

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

 

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

 

60.     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:

 

61.     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 provisions for access, transport and infrastructure:

 

62.     The applicant shall construct a concrete vehicular crossing and layback at the kerb opposite the proposed vehicular entrance to the site. The works are to be in accordance with Australian Standard specifications for domestic driveways.

 

63.     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.

 

64.     The driveway opening at the street frontage must be 5.50 metres wide and located at least 1.5 metres clear of the side property.

 

65.     The internal driveway must be a minimum 5.50m wide (clear width) for the first 5 metres inside the property so as to allow entering & exiting vehicles to pass within the site.

 

66.     The basement carpark shall generally conform to the requirements of AS2890.1 – 2004.

 

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

 

67.     The Council’s Department of Asset & Infrastructure Services have determined that the design alignment level (concrete/paved/tiled level) at the property boundary of each Lot for driveways, access ramps and pathways or the like shall be:

 

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

 

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

 

The design alignment levels at the property boundaries must be strictly adhered to.

 

68.     The design alignment levels (concrete/paved/tiled level) issued by Council must be indicated on the building plans for the construction certificate.

 

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

 

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

 

70.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

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

 

72.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The location of the substation within the site, together with the required screening, shall be subject to the requirements of Energy Australia. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

73.     All site services shall be provided underground.

 

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

 

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

 

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

 

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

 

75.     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.

 

76.     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.

 

77.     All site stormwater must be discharged by gravity to the proposed community title drainage system adjacent to the southern boundary of the site.

 

It is noted that the proposed community title drainage system (referred to above), does not form part of this development approval, however, the system must be completed prior to the issuing of the construction certificate. This is to ensure that stormwater runoff from the development site may be safely conveyed to Council’s external drainage system via the internal community title system.

 

78.     Stormwater pipes shall be located in accessible locations.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to this pit stating that:

 

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

 

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

 

80.     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.

 

81.     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.

 

82.     Should groundwater/seepage water be encountered within the depth of the basement excavation, the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

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

 

83.     Provision shall be made for the storage of 1 x 120L garbage bin and 1 x 240L recycling bin within the front yard of each individual townhouse. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

84.     The landscaped areas shown on the plan numbers CD-001 – 011, dated November 2003, job number 3142B, for Lots 33 - 46 drawn by Hassell Pty Ltd, 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, 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, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

b.    A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting, with all plants 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 14 x 75 litre broad canopied trees, and a minimum number of 14 x 25 litre broad canopied trees (not palms) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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. Details are to be provided with the construction certificate application.

 

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

 

85.     The landscaping plans require the following amendments, which are to be submitted for the construction certificate application.

 

c)   Lots 33-34, drawing CD-001. Proposed trees have not been shown at their true size at maturity, which will likely lead to overcrowding and encroachment onto the dwelling at a later date. In light of this, the plan needs to be reviewed and amended for the construction certificate application.

d)   Lots 35-36, drawing CD-002. Due to its self seeding properties, Council’s Landscape Technician does not support the proposed use of Sapium sebiferum (Chinese Tallowood). As such, this species shall be replaced with a suitable alternative on the plans submitted for the construction certificate application. In addition, proposed trees have not been shown at their true size at maturity, and as such, a review of the plans should be undertaken, and the necessary amendments made, to reflect this requirement.

e)   Lot 37, drawing CD-003. The proposed use of Podocarpus elatus (Brown Pine) in the rear yard is considered excessive given its huge size at maturity, the relatively small size of yard it would be growing in and the fact that there are several other trees proposed for this area. In addition, proposed trees have not been shown at their true size at maturity, and as such, a review of the plans should be undertaken, and the necessary amendments made, to reflect this requirement. 1 ‘SYC’ is shown to be planted along the eastern boundary but has not been included in the planting schedule. This needs to be clarified.

f)    Lot 38, drawing CD-004. It would seem more appropriate to relocate the proposed Lagerstroemia indica (Crepe Myrtle) at the front of the site closer towards the street frontage in order to maximize the amount of usable open space in the front yard that is available to the occupants of this dwelling.

g)   Lot 39-40, drawing CD-005. The proposed use of Acer negundo (Box Elder) in the front yard is considered excessive given its large size at maturity, the relatively small size of yard it would be growing in and the fact that there are several other trees proposed for this area. In addition, proposed trees have not been shown at their true size at maturity, and as such, a review of the plans should be undertaken, and the necessary amendments made, to reflect this requirement. 1 ‘STP’ is shown for the front yard of Lot 40 but is not included on the planting schedule. This needs to be clarified. 

h)   Lot 41-42, drawing CD-006. The proposed use of Ulmus parvifolia (Chinese Elm) in the front yard of Lot 41 is not favoured due to this species large size at maturity, relatively small sized yard it would be growing within as well as its excessive leaf fall. As such, this tree shall be replaced with a suitable alternative. Proposed trees have not been shown at their true size at maturity, and as such, a review of the plans will be necessary in order to reflect this requirement.

i)    Lot 43-44, drawing CD-007. Due to its self seeding properties, Council’s Landscape Technician does not support the proposed use of Sapium sebiferum (Chinese Tallowood). As such, this species shall be replaced with a suitable alternative on the plans submitted for the construction certificate application. In addition, proposed trees have not been shown at their true size at maturity, and as such, a review of the plans should be undertaken, and the necessary amendments made, to reflect this requirement. The proposed planting of two trees in the rear yard of Lot 43 is considered excessive as it will restrict the amount of usable open space available to the occupants. The plans should be amended to show the planting of 1 ‘ACS’ only.

j)    Lot 45-46, drawing CD-008. The proposed planting of Jacaranda mimosifolia (Jacaranda) in the front yard of Lot 45 is considered inappropriate given the size of this tree at maturity and the relatively small space it is growing with. The plans should be amended to show the selection of a more appropriately sized alternative. Proposed trees have not been shown at their true size at maturity, and as such, a review of the plans will be necessary in order to reflect this requirement.

 

86.     The applicant shall submit a total payment of $1760.00 + GST to Council,

 

i.   Being the cost for Council to supply and install 8 x 75 litre street trees, Corymbia maculata, Spotted Gum, comprising two along the eastern nature strip of Lot 33, and six along the main street frontage at the completion of all works ($1760.00 + 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

 

87.     A refundable deposit in the form of cash or cheque for the amount of $12,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

88.     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.

 

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:

 

a)     Part B1        -         Structural provisions

b)     Part C3        -         Protection of openings

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, in particular, a W/C for employees

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

 

ATTACHMENT/S:

 

A4 Reductions

 

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:        DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

16 August, 2004

FILE NO:

D/0138/2004

 

PROPOSAL:

 Demolition of existing residence and associated structures and construction of new two storey attached dual occupancy, swimming pool and attached double garage to each dwelling.

PROPERTY:

 9 Dacre Street, Malabar

WARD:

 South Ward

APPLICANT:

 BTH Design

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Michael Daley, Dominic Sullivan, Alan White.

 

The application proposes demolition of the existing improvements on the site, excavation and construction of an attached dual occupancy development, garaging, swimming pools and landscaping. The main issues for consideration are the non-compliance of the proposal with the RLEP 1998’s standards for wall height, FSR and the impact of the proposal on view opportunities from surrounding sites.

 

The recommendation is for a deferred commencement consent, subject to conditions.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to demolish the existing improvements on the site (including 1-2 storey dwelling house, rumpus room and garage on the eastern boundary of the site and swimming pool) and construct a new two storey attached dual occupancy. The development is sited so that one dwelling is located to the front of the site and the other to the rear. Each dwelling will have a double garage, one with entry from Dacre Street and one with entry from Dacre Lane. Each dwelling will also be provided with an inground pool. New landscaping and outdoor areas will be incorporated into the works at the site including a path on the eastern boundary of the site providing access to both dwellings from Dacre Street. Alternative pedestrian access will be provided to the rear dwelling from Dacre Lane.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site consists of a single, regular shaped allotment with front and rear (northern and southern) boundaries of 12.07 metres, eastern and western side boundaries of 47.385 metres. The site has an area of 571.9m2 and is located on the southern side of Dacre Street in Malabar. The site has a second frontage to the rear of the property to Dacre Lane. The site slopes significantly from the rear to the front boundary, resulting in a change in level between these two boundaries of approximately 10 metres.

 

Existing on the site is 1-2 storey dwelling with detached rumpus room and garage with access from Dacre Lane. An inground swimming pool exists to the rear of the site.

 

Development in the locality is characterised by large 1-3 storey detached dwelling houses. Many of the dwellings have garage structures and outbuildings facing Dacre Lane. To the rear of the site is a recently constructed 2 storey (above garages) multi unit housing development and Malabar Public School. Across Dacre Street to the north of the site is Cromwell Park, a public reserve. There are no heritage items in the vicinity of the subject site. The site is located in a foreshore scenic protection area (FSPA).

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A prelodgement meeting was held on 5 January 2004 to discuss development of the site for an attached dual occupancy. Non-compliance with statutory standards, view loss, the form of the roof, setbacks and the detail and quality of the drawings were raised as issues.

 

The development application was lodged on 3 March 2004. The original plans submitted with the application were not clear as to the existing ground levels on the site and the siting of the proposal. The applicant was requested to provide additional details to allow for an accurate assessment of the development. These details were provided on 9 June 2004 checked and found to still contain inaccuracies. As a result of this checking and on site inspections, the applicant was requested to make amendments to the drawings and provide accurate details. These were provided on 2 August 2004 and are the subject of this assessment.

 

b.    HISTORY OF SITE USEAGE

 

Council’s records do not indicate any recent development consents over the property. Several sets of alterations and additions were approved in the 1970s including the inground swimming pool on the site. Council’s rates records indicate the existing building on the site is used as a single occupancy, and no approvals for dual occupancy on this site exist in the records system, despite the applicant’s suggestion that the existing building on the site is a dual occupancy.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with Council’s DCP for Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

5.1  Objections

 

The proposal was notified to surrounding property owners on 10 March 2004. The following submission was received in response to this notification:

 

1.   Mr & Mrs Dubrovic, 13 Dacre Street, Malabar

 

·    Concerned that approval may restrict the opportunity to redevelop their property due to view loss concerns of future residents of the development. Request removal of windows looking over 13 Dacre Street to minimise the potential for future impacts on proposed development.

 

2.   D.Seiffert, 5 Dacre Street, Malabar

 

·    Objects to development which extends for the entire site length and stands two storeys high above Dacre Lane.

·    Overlooking from the rear dwelling

·    Loss of view to Malabar Bay

·    Proposal is inconsistent with scale in Dacre Lane which is single storey

 

3.   S.Layman Consulting P/L, Suite 15, 50-52 Urunga Pde, Miranda (on behalf of owners, 7 Dacre Street, Malabar)

 

·    Adequacy and accuracy of information on the drawings

·    Building height

·    Inadequate front setback

·    Loss of ocean views from front entry and balconies, first floor living room window and rear yard of 7 Dacre Street

·    Overlooking from balcony areas and windows of the front dwelling

·    Bulk, scale and character of the development

·    SEPP 1 objection is required

 

The amended plans received on the 18 June were renotified to surrounding residents. As a result the following submissions were received:

 

1.   S.Layman Consulting P/L, Suite 15, 50-52 Urunga Pde, Miranda (on behalf of owners, 7 Dacre Street, Malabar)

 

·    Adequacy and accuracy of information on the drawings

·    Building height

·    Inadequate front setback

·    Loss of ocean views from front entry and balconies, first floor living room window and rear yard of 7 Dacre Street

·    Overlooking from balcony areas and windows of the front dwelling

·    Bulk, scale and character of the development

·    SEPP 1 objection is required

 

2.   Mr & Mrs Dubrovic, 13 Dacre Street, Malabar

 

·    Proposal will affect amenity of the property and does not ‘blend in’ with existing buildings

·    Height extends the 7m maximum

·    Reiterates that 13 Dacre Street are planning their own extension and that this may result in view loss to the proposed rear dwelling.

·    FSR exceeds the allowable

·    Request that Council expresses concerns for this submission and before approval the proposal should go to a full Council meeting and it should be debated.

Comment: All objectors were advised on several occasions of the process for having an application determined by Council. A formal call-up has been received and as a result the application has been forwarded to the Health Building and Planning Committee for consideration.

 

3.   D.Seiffert, 5 Dacre Street, Malabar

 

·    Concerned about 100% loss of ocean view, particularly as views from the front of the property have been lost due to extension of adjoining dwelling.

·    Views need to be shared – proposal is “unfair”

 

A copy of the further amendments and additional information  submitted were taken on site on 5 August and distributed to all residents who made a submission. The residents were given one week to make further submissions. In response the following submissions were received:

 

1.   S.Layman Consulting P/L, Suite 15, 50-52 Urunga Pde, Miranda (on behalf of owners, 7 Dacre Street, Malabar)

 

·    Notes the amendments to the setback of the development from the front boundary and changes to the centre of the development but notes that the development still does not comply with the height standard or adequately protect the amenity of neighbours.

·    Concern that the two large windows in first floor of front house will overlook 7 Dacre Street.

·    Concerned about adequacy and accuracy of information on the drawings

·    Concerned about building height

·    Loss of ocean views from living room and private rear space of 7 Dacre Street

·    Bulk, scale and character

 

View loss, overlooking and the non-compliances with height and FSR have all been discussed in detail with specific reference to surrounding residents concerns in this report and conditions applied where appropriate.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1   Director of Assets & Infrastructure

 

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

 

An application has been received for the demolition of the existing residence and the construction of an attached dual occupancy at the above site.

 

Landscape Comments

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

 

Drainage Comments

Onsite detention of stormwater is not required for this application.

 

Should the application be approved the following conditions shall apply:

 

Conditions suggested by Assets & Infrastructure have been included in the proposed conditions of consent see Conditions 65-85.

 

7.    MASTER PLANNING REQUIREMENTS

 

As the site has an area of less than 4,000m2 there are no master planning provisions applicable to the site.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-           Randwick Local Environmental Plan 1998 (RLEP)

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

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

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

-           Building Code of Australia (BCA)

 

(a)   RLEP 1998

 

The site is zoned Residential 2(a) under Randwick Local Environmental Plan 1998 and the proposed attached dual occupancy is permissible with Council’s consent. The following clauses of the RLEP 1998 have been considered during the assessment of the proposal:

 

CLAUSE

Requirement

Provided

Compliance

30(4) – Minimum allotment size for construction of attached dual occupancy

450m2

571.9m2

Yes

31 (2)– Landscape Area

40% of site area

(228.76m2)

41.2%

(236.16m2)

Yes

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

Not to exceed 50% of landscaped area requirement

(20% of site area)

(114.38m2)

0%

Yes

32 (1) – FSR

0.5:1

(285.95m2)

0.62:1

(357.15m2)

No1

33 (1)– Building Height

9.5m

5.1-8.8m

Yes

33 (3)- External Wall Height

7m

5.1-8.8m

No1

43 – Heritage Item or Conservation Area

Must consider impact on heritage of surrounding items.

Sandstone monument in Cromwell Park over 100m from the subject site and is too distant to be affected by proposal.

N/A

1 SEPP 1 objection has been lodged in support of non-compliance.

 

Compliance with all statutory standards has been discussed in detail in Section 9 of this report.

 

Clause 29 - Foreshore Scenic Protection Area (FSPA)

 

The site is located in the Foreshore Scenic Protection Area. Clause 29 of the RLEP 98 requires Council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore. The proposal is of a scale that approximates that of surrounding sites and the contemporary form of the building will not detract from the scenic qualities of this foreshore location. The development has minimised excavation and will not result in significant changes to the topography of this foreshore location. The materials used have been limited to rendered masonry, glazing in neutral colours. The development has a flat roof, which is different from surrounding properties which generally have pitched rooves, however this is not considered to have a significant impact as the surrounding dwellings have been constructed in a variety of styles and eras.

 

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

 

(b)   SEPP 1 – Development Standards

 

An objection under SEPP 1 has been lodged with regard to the non-compliance with the Floor Space Ratio and External Wall Height standards as set by RLEP 98.

 

The objections submitted with respect to this non-compliance have been considered under Sections 9.1 and 9.2 of this report.

 

(c)   SEPP 55 - Remediation of Land

 

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

 

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

 

8.1  Policy Controls

 

The following Council policy controls apply to the proposed development.

 

(a)   Dwelling Houses and Attached Dual Occupancies Development Control Plan (2000)

 

Discussion of compliance with the requirements of the Dwelling Houses and Attached Dual Occupancies Development Control Plan is included in section 9 of this report.

 

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

 

Parking rates and layout requirements for attached dual occupancies have generally been incorporated in the Dwelling Houses and Attached Dual Occupancies DCP. The proposal complies with the number of spaces required, driveway location, width and gradient controls. Council’s Traffic and Parking Engineer has commented on the proposal and is satisfied that it meets the requirements of Council’s DCP Parking, subject to conditions of consent (see Conditions 66-71).

8.2  Council Policies

 

(a)   Rainwater Tanks Policy, 2003

 

A condition requiring the installation of a rainwater tank in accordance with Council’s Rainwater Tanks Policy has been included in the recommendation section of this report (Condition 22).

 

(b)   Section 94 Contributions Plan

 

The development has been assessed against Council’s Section 94 Contributions Plan. The applicant claims that the site is currently used as a duplex. Council’s records do not reveal any approvals for such a use, and the property has been rated as a single dwelling. As such, it is considered that one additional dwelling is proposed and the assessment of section 94 contributions has been made on this basis. As a result of this assessment, a condition of consent has been proposed requiring the payment of monetary contributions relating to open space, community facilities and administration charges totalling $4,365.00. This amount must be paid prior to the issuing of any Construction Certificate (see Condition 23).

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1 Height

 

The development has an overall height of 8.8 metres and complies with the statutory standard of 9.5 metres. The maximum wall height of the development is also 8.8 metres, which does not comply with the standard for development on the site, being 7 metres.

 

The applicant has lodged an objection under SEPP No. 1 that compliance with the standard is unreasonable and unnecessary for the following reasons:

 

§ The proposed development is only slightly non-compliant in two corners of the building as a result of the steep topography of the land, with the majority of the walls below the 7.0 metre height limit.

§ The proposed development is well within the 9.5m overall height limit.

§ It is considered that adverse environmental impacts are minimised as a result of maintaining view corridors between the two attached dwellings.

 

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

 

The development exceeds Council’s statutory standard for external wall height as well as the external wall height of the existing building on the site. The proposal also replaces a pitched roof with a flat roof form. Although the building exceeds the external wall height control to the front of the site, the removal of the pitched roof in favour of a flat roof results in a reduction in height of 1.09 metres. This area of the building has been raised as a concern by the owner of the adjoining property to the west (7 Dacre Street) in terms of view loss. The non-compliance is considered to be the result of the garage which has a floor to floor height of 4 metres. If this were to be reduced to 3.0 metres the proposal would comply with Council’s statutory standard. However, the proposal will not affect the easterly view from the first floor sitting room at 7 Dacre Street as it has a maximum height which is approximately one metre lower than the ridge height of the existing dwelling as shown in the photograph below:

 

Above: Current view from 7 Dacre Street will not be affected by the proposed development.

 

The additional height of the garage is considered to increase the bulk of the proposal as viewed from the street and as such, the reduction in height of this element by 1 metre and the consequent reduction in the height of the upper floors of the building has been included as a deferred commencement condition (see Deferred Commencement Condition 2).

 

To the rear of the site the upper floor of the rear dwelling exceeds the external wall height standard by 1.4-1.8 metres. This is mostly the result of a projecting balcony adjoining bedroom 3 of the rear dwelling. The increased height of this portion of the building will not result in significant view or outlook loss from properties to the rear of the site as the rear elevation is well below the external and maximum wall height standards. However, the additional height and bulk of this structure will result in view loss to the property to the west at 5 Dacre Street and bulk and scale impacts on 7 Dacre Street. Deletion of this balcony would reduce non-compliance with Council’s wall height standard to a reasonable level and maintain a larger portion of the existing view from 5 Dacre Street as it would remove an area of building equal to a second storey addition above the northern end of the existing rumpus room.

 

 

The balcony to the rear dwelling at first floor level will obscure horizon and ocean views as it will result in a second storey above the first section of windows shown in the photograph above. The ground floor level of the rear dwelling has been pulled back further than the existing rumpus room and will increase the opportunities for views for properties to the west of the site.

 

Deferred Commencement Condition 1 requires that the balcony be deleted to maintain view and outlook to surrounding properties. The non-compliance with external wall height to the rear of the site does not result in overshadowing or overlooking impacts and the location of the non-compliance to the centre of the site has minimised bulk and scale impacts on the street. Subject to compliance with Deferred Commencement Conditions 1 and 2 it is considered that the proposal is satisfactory with regard to height and that the SEPP 1 objection should be supported.

 

9.2       Density

 

The proposed development has a floor space ratio (FSR) of 0.62:1 (357.15m2), which does not comply with that permissible under clause 32(1) of the RLEP 98 for a development on the site, being 0.5:1 (285.95m2).

 

The applicant has lodged an objection under SEPP No. 1 that compliance with the standard is unreasonable and unnecessary for the following reasons:

 

§ The proposed development is compatible with the surrounding density, bulk and scale which consists of large 2 storey houses and multi-unit developments.

§ The proposed development has a significant part of the bulk incorporated in the steep topography.

§ It is considered that adverse environmental impacts are minimised as a result of maintaining view corridors between the two attached dwellings.

 

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

 

The amendments made to the development and those proposed by Deferred Commencement Condition 1 have reduced view impacts of the proposal to an acceptable level. The development is not considered to have a significant impact on adjoining properties nor the street in terms of bulk and scale and solar access. The additional floor area can be accommodated within the sloped topography of the site and the development will not detract from its foreshore location. The development meets Council’s statutory standards with regard to overall height and landscaping indicating that the development is of a form that is consistent with that envisaged on the site. The additional floor area is largely contained below existing ground level and therefore do not contribute to the visual bulk of the development on the site.

 

The proposed density of two dwellings, can be accommodated on the site and will provide good amenity to future residents without impacting significantly on the amenity of adjoining residents. The proposal will provide two carspaces to each dwelling in accordance with Council’s DCP. The FSR of the proposal achieves the stated objectives of the floor space ratio standard. The development is satisfactory with regard to FSR.

 

9.3       Building Setbacks

 

The development provides setbacks to all boundaries. The existing building alignment to Dacre Street is maintained by the proposal, the blade walls to the edge of the balconies at the front of the front dwelling being setback 7.8 metres. The front wall of the front dwelling is setback 9 metres. These setbacks result in the blade walls to the balconies approximating the front wall of the adjoining dwelling at 7 Dacre Street, which is setback 8 metres. The balcony at 7 Dacre Street protrudes to within 6.4 metres of the street alignment. As such the proposal is setback further than this balcony and will not interfere with existing view opportunities from this area.

 

The proposal is setback 1 metre from Dacre Lane. This is consistent with development along the laneway and Council’s guidelines for safety where garages are located on laneways. The upper floor level of the rear dwelling is sited almost 6.9 metres from the rear boundary which meets the preferred solution for rear setbacks (4.5 metres) and minimises the apparent bulk of the building when viewed from Dacre Lane.

 

The proposal complies with side setback requirements to all levels, being generally setback 1.5m from the northern boundary and 3.0 metres from the southern side boundary. The upper level of the rear dwelling constitutes a third storey and has been setback 3.0 metres from northern and southern side boundaries in accordance with the preferred solutions under the Dwelling Houses and Attached Dual Occupancies DCP.

 

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

 

9.4       Landscaping and Private Open Space

 

The development provides over 41.2% (236.16m2) of the site area as landscaping. This exceeds the statutory requirement under clause 31(1) of the RLEP98 of 40% (228.76m2). Basement areas occur under the footprint of the front dwelling, therefore 0% of the landscaping occurs over the basement. This meets Council’s requirement that landscaping over basements not exceed 50% of the landscaping requirement.

 

The objective of the landscaping standards is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes. Despite compliance with the landscaping standards, the proposal as originally submitted did not maximise soft landscape areas, with a majority of the landscaped areas being hard surfaces. The applicant amended the proposal to increase the amount of soft landscaping on the site, particularly to the southern side boundary and to the Dacre Street frontage. The proposal (as amended) meets this objectives of the landscaping standards.

 

The proposal provides approximately 14% of the site area as permeable soft landscaping, which does not meet the preferred solution under the DCP of 20%. Condition 7 requires paved areas to be permeable to make up the shortfall. Despite the shortfall the proposed combination of hardstand, covered patio area, soft landscaped areas and swimming pools will provide areas of useable private open space and room for utilities for each of the dwellings.

 

Landscape Officer has indicated there are no existing trees on the site covered by Council’s TPO and has suggested conditions for any approval (see Conditions 80-85).

 

9.5       Views

 

Ocean and headland views are enjoyed from the rear yards of 5 and 7 Dacre Street to the west of the site as illustrated by the photographs below:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Above (L-R): View to North Malabar Headland from 5 Dacre Street and 7 Dacre Street across existing development on the subject site (metal deck roof).

 

Views of the ocean and headland are also available from the front of 7 Dacre Street (right) and looking north over the subject site from 7 Dacre Street (left) as illustrated in the photos below:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Performance Requirement P6 under section 4.3 Height, Form and Materials of the Dwelling Houses and Attached Dual Occupancies DCP requires that “P6 Buildings are designed to allow a sharing of views”. The concept of ‘view sharing’ was further defined in the Land and Environment Court by Senior Commissioner Roseth in Tenacity v Warringah Council (2004). The Senior Commissioners discussion of the notion of view sharing is provided below as background:

 

25 The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for its own enjoyment. (Taking it all away cannot be called view sharing, although it may, in some circumstances, be quite reasonable.) To decide whether or not view sharing is reasonable, I have adopted a four-step assessment.

 

26 The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

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

 

28 The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

29 The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

In this instance, the standing views currently available from the rear yards of properties at 5 and 7 Dacre Street that include the land water interface and Malabar Headland are considered to be significant and should be preserved by development on the site. Consistent with clause 29 of SC Roseth’s judgement, the parts of the development to the centre of the site, although compliant with Council’s height standards were not considered to be designed in such a way to minimise view loss. A process of amending the design has resulted in an outcome which is considered to have a close to negligible impact on existing view opportunities through the centre of the site, as illustrated by the two photographs, above. As described under section 9.1, Height a further modification of the design to open the view and allow some of the horizon to be included in the view corridor has been proposed via condition of consent (see Deferred Commencement Condition 1). This element of the building does not comply with Council’s development standard for external wall height and therefore is considered to result in view impacts which are ‘unreasonable’.

 

Views from the balcony of 7 Dacre Street and views of the headland to the north are not considered as significant under SC Roseth’s criteria. They are also located across a side boundary which as SC Roseth describes can make retention of views difficult. Notwithstanding this, the development has a front setback of 7.8 metres and will not interfere with the outlook from the front balcony of 7 Dacre Street which extends 6.2-8.0 metres from the front boundary of the site. Likewise, views to the north across the subject site are unlikely to be significantly affected by the development due to the restriction of the building form through the centre of the site and single storey scale of this portion of the building. Although the majority of this view is likely to be maintained, this view is not considered to be significant and therefore any impact on this view would be negligible.

 

 

The third area where view loss is a concern is from an upstairs living area at 7 Dacre Street (see above). The window looks across the eastern side boundary. As noted by SC Roseth views from this area are hard to maintain. In addition, the view from this window is a horizon line of the ocean and some trees located within Cromwell Park. By comparison with existing views from other locations at 7 Dacre Street, this view is not considered to be of high quality. The photo taken above is from a standing position within the living area on the first floor level. The RLs of the existing ridge and the maximum height of the new development have been approximated to indicate that the existing outlook from this window will not be affected and that the removal of the pitched roof may actually contribute to the opening of additional view lines to the southeast. The RLs of the top of the building will be further reduced by Condition 2 which requires the garage to be reduced in height to maintain streetscape amenity and reduce bulk, rather than maintenance of views.

 

The development, subject to modifications required by Deferred Commencement Condition 1 is considered satisfactory with regard to view and outlook sharing.

 

9.6       Privacy

 

To the western side (adjoining 7 Dacre Street) windows at ground floor level will not result in significant overlooking of the adjoining property due to the difference in ground levels between the two properties. The first floor windows to the front dwelling (relating to bathrooms are large but have been conditioned to be obscurely glazed to prevent overlooking. Likewise, the west facing window to the first floor bathroom of the rear dwelling has also been conditioned to be obscurely glazed (see Condition 4).

 

To the eastern side (adjoining 13 Dacre Street) a large bank of windows is provided to the first floor level. These windows provide light to a stair and circulation area. The windows will allow outlook into the neighbours rear yard. As such, windows to the south of the void are to be obscurely glazed (see Condition 4). The windows to the void itself will overlook the roof of the existing dwelling and will not result in significant privacy impacts. The neighbours’ concern in relation to their future development plans is noted, however it is considered that their right to develop is protected by Council’s standards and policies and an assessment as to the reasonableness of any future view loss from windows approved on the subject site in the context of these controls. The window to the void is well setback from the street on a side elevation and as such maintenance of views from this window should not be expected if development occurs to the east of the subject site.

 

The plans indicate a large deck to the middle of the site adjoining the master bedroom. This area has an RL of 25.53 and is likely to result in overlooking of the adjoining rear yard at 13 Dacre Street (which is approximately 2 metres lower than the terrace). In order to address this issue and reduce the opportunities for and perception of overlooking Condition 3 requires this deck area to have a maximum depth of 900mm and the remainder of the roof area to be made non-trafficable. Due to the view loss issues discussed above the installation of privacy screens in this location would cause additional view loss and is considered an inappropriate solution.

 

The eastern elevation of the rear dwelling at ground floor level comprises of glazed bifold doors. This is not considered to have a significant privacy impact due to the ground floor location and the screening provided by boundary fencing. The east facing patio adjoining the ground level living area of the rear dwelling is elevated due to the topography of the site. The patio as designed allows for uninterrupted views over the adjoining property to the east. This is considered to be an unacceptable impact given the increase in density requested on the site. In order to address the issue of overlooking from this patio and restrict sightlines, privacy screening to a height of 1.8 metres and extending 2 metres northwards from the dining room wall is to be provided. This portion of the site is already occupied by the detached brick rumpus room and the installation of privacy screens will not result in additional view loss impacts to properties west of the subject site. The western edge of the patio should also be screened as this area has a floor level approximately 500mm higher than the pool deck of the adjoining property at 7 Dacre Street and will result in opportunities for increased overlooking of this property. Condition 2 requires these measures to be included with the Construction Certificate application.

 

The first floor elevation also comprises a large bank of windows. These windows serve a bedroom and are considered to be excessive in terms of perceived and actual overlooking of the adjoining property to the east (13 Dacre Street). As the main view aspect for the site is to the east and northeast it is considered reasonable to allow a single pane at the northern end of this area to be clear glazed with the rest being obscured (see Condition 4). The balcony to this room is to be deleted (see Deferred Commencement Condition 1) to preserve view corridor. A balustrade and French door arrangement may be provided to this room to maximise the view aspect without impacts to neighbours in terms of views or privacy.

 

The proposal is satisfactory with regard to privacy, subject to compliance with conditions of consent.

 

9.7       Solar Access and Energy Efficiency

 

The proposal will result in additional overshadowing to 13 Dacre Street at 12pm and 3pm during the midwinter period. At 12pm the additional shadow is minor and the majority of the rear yard of this property will remain in sun. Existing development on the site results in significant overshadowing to the property at 13 Dacre Street at 3pm midwinter. Given the topography of the area and the orientation of the allotments some additional shadow is inevitable. Despite these factors, the proposal has minimised its impact on solar access by providing a 3.0 metre setback to the southern boundary. The adjoining property to the south will maintain 3 hours of solar access to its rear yard and northern elevation in accordance with the preferred solution under the DCP.

 

Both dwellings achieve a NatHERs rating of 3.5 stars and meet the preferred solution under the DCP. The proposal provides dwellings separated by open space and this layout results in the provision of operable windows and balcony areas which encourages passive and cross-ventilation to both dwellings in accordance with ESD principles.

 

No rainwater tanks are indicated on the plans. These are to be provided to each of the dwellings in accordance with Council’s Rainwater Tanks Policy (see Condition 22). Conditions have also been applied requiring fixtures and fittings to be energy efficient (see Conditions 18-21).

 

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

 

9.8       Fences

 

Solid front fencing in the form of planter boxes 900mm to 1.8 metres in height are proposed. The use of walls to a height of 1.8 metres is considered to be excessive and detracts from the landscape character of the street. To address this issue Condition 6 requires that the planters to the front boundary of the site are a maximum of 900mm in height and comprise planting.

 

Details of side boundary fences have not been provided on the plans. Condition 5 requires that any new boundary fences be provided as part of the works must not exceed 1.8m in height, to a maximum of 2.1 metres measured from the low side of the boundary. A portion of the Dacre Lane frontage has a 1.8 metre high masonry wall and this is consistent with the existing character of the lane.

 

The development is considered satisfactory with regard to the objectives for fencing under section 4.8 of the Dwelling Houses and Attached Dual Occupancies DCP.

 

9.9       Parking

 

The development requires the provision of four car parking spaces. The proposal meets Council’s requirements for the size of dwellings proposed (4 spaces). The driveway width and gradient proposed from Dacre Street and Dacre Lane meets Council’s requirements.

 

The proposed driveway width, being a total of 5.4 metres represents 44% of the site frontage and exceeds the preferred solution of 35%. As discussed above under section 9.1, the height of the garage structure and its width are considered to have bulk and scale impacts on the streetscape. To minimise its impact, Deferred Commencement Condition 2 requires that the garage be reduced in height by 1m. Condition 6 requires that the walls on the western side of the driveway be lowered in favour of larger landscaped areas (as per the eastern side) to ensure the proposal is consistent with the existing pattern of terraced landscaping in Dacre Street.

 

 

 

 

 

 

 

 

 


Above: Low front fencing with established gardens with high retaining walls behind are a feature of the existing streetscape in Dacre Street and should be maximised where possible.

 

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

 

10.  CONCLUSION

 

It is considered that the proposed building is appropriate on the site given the desired future character of the area, the objectives contained within the RLEP98 and the Dwelling Houses and Attached Dual Occupancies DCP. The development (as amended by the deferred commencement conditions of consent) proposes a building envelope, FSR, height and landscaping that generally meet the criteria and fulfil these objectives.

 

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

 

RECOMMENDATION:

 

A.      THAT Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clauses 32(1), 33(1)of the Randwick Local Environmental Plan 1998 (as amended) relating to maximum floor space ratio and 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

 

B.      THAT Council as the consent authority, grant development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 138/2004 for Demolition of existing residence and associated structures and construction of new two storey attached dual occupancy, swimming pool and attached double garage to each dwelling. at 9 Dacre Street, Malabar subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.         The patio to bedroom 3 of the rear dwelling is to be deleted. A balustrade and door arrangement may be provided to maximise the area of operable wall to this room, however any alternative arrangement is not to project beyond the general line of the external face of this elevation. This condition is imposed to preserve the existing view corridor through the centre of the site.

 

2.         The floor to floor height of the garage to the front dwelling is to be reduced in height by 1 metre and floor levels of upper floors lowered accordingly so that the maximum RL of the front dwelling is RL27.83.

 

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

 

Details of the proposed colours, materials and textures (ie. a schedule and brochure/s or samples affixed to a board keyed to coloured elevations), are to be submitted to and approved by Council’s Director of Planning and Community Development, prior to the operation of this consent.

 

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

 

Development Consent Conditions

 

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

 

1.       The development must be implemented substantially in accordance with the architectural plans drawn by Level 5 Design drawing numbers, A201/C, A002/C, A003/C dated 30/07/04 and drawing number A001B dated 13.05.04 of Job No. 3303 stamped received by Council on 2 August 2004, and drawing number A301/C dated 30.07.04 and stamped received by Council on 20 August 2004, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and 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.       Privacy screening to a height of 1.8 metres and extending 2 metres northwards from the dining room wall is to be provided to the eastern and western edges of the north facing patio off the dining room at ground floor level of the rear dwelling. This condition is imposed to minimise overlooking of adjoining properties to the east and west without interrupting existing view corridors. Details required by this condition are to be included on the plans submitted with the Construction Certificate application.

 

3.       The south facing deck adjoining bedroom 1 of the front dwelling is to be reduced to a maximum of 900mm in depth. A solid balustrade is to be provided to the deck 900mm from the southern wall of the dwelling and the remainder of the roof area provided as non-trafficable landscaped area. This condition is imposed to minimise opportunities for overlooking. Details required by this condition are to be included on the plans submitted with the Construction Certificate application.

 

4.       The sill height of the following windows are to be increased to be a minimum height of 1.7m above floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above floor level:

a)   The three southernmost east facing windows to bedroom 3 of rear dwelling

b)   The three southernmost east facing windows to the stairwell of the front dwelling (sill height/ obscure glazing height to be taken from first floor level)

c)   All first floor windows on the western elevation of both dwellings

 

5.       Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1.8 metres. Where ground levels differ across the boundary the fencing is not to exceed a maximum of 2.1 metres in height measured from the lowest adjoining ground level to maintain reasonable levels of amenity to the adjoining premises.

 

6.       The height of planter boxes to the street alignment is not to exceed 900mm in height for a minimum depth of 2 metres (as shown on the development application plans to the eastern side) to allow for tree and shrub plantings at the street frontage to the development. Details required by this condition are to be provided with the Construction Certificate application.

 

7.       Porous paving is to be used in all pathways, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans submitted with the Construction Certificate application.

 

8.       Metal roof sheeting is to be painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment.

 

9.       The external walls of the front dwelling above garage level are to be setback 7.8 metres from the street alignment to maintain the amenity of the streetscape. This condition is imposed to clarify the development application plans.

 

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

 

11.     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.

 

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

 

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

 

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

 

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

 

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

 

16.     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.

 

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

 

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

 

The following condition is 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               $2,732.00

b)       for the provision or improvement of community facilities   $1,208.00

c)       Administration fee $425.00                                                         $   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.     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:

 

27.     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 plant and equipment shall not give rise to an LAeq, 15 min  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) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

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

 

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

 

·        before 8.00am or after 8.00pm on any Sunday or public holiday; or

·        before 7.00am or after 8.00pm on any other day.

 

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:

 

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

 

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

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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”.

 

37.     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.

 

38.     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.

 

39.     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.

 

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

 

41.     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.

 

42.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

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

 

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

 

a)         all of the premises adjoining the subject site.

 

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

 

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:

 

44.     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.

 

45.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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 stages of construction:

 

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

 

b)       On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks.

 

53.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

54.     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.

 

55.     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.

 

56.     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.

 

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

 

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.

 

58.     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.

 

59.     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.

 

60.     Any part of Council’s nature strip which is damaged as a result of the work must be back-filled, top-soiled and re-turfed with kikuyu turf prior to occupation or finalisation of the development, to Council’s satisfaction.

 

61.     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 compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

62.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

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

 

63.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements:-

 

·        Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation.

·        All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises.

 

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

 

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

 

·        before 8.00am or after 8.00pm on any Sunday or public holiday; or

·        before 7.00am or after 8.00pm on any other day.

 

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

 

65.     The following security deposits requirements are to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)         $1000.00         -           Security damage deposit

b)         $1000.00         -           Vehicular crossing deposit.

 

The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon the applicant advising Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

The 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:

 

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

 

a)   Construct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Dacre St and in Dacre Lane at the rear of the site.

 

b)   Construct concrete kerb and gutter with associated roadworks along the Dacre Lane frontage.

 

c)   Reconstruct the Council concrete footpath along the Dacre Street site frontage to meet Council’s issued alignment levels for the driveway entrance in Dacre St.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

67.     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.

 

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

 

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

 

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

 

Dacre Street Driveway Entrance – 50mm above the existing Council kerb level.

 

Dacre Lane Driveway Entrance – 60mm above the edge of the asphalt road at both the eastern and western edge of the driveway opening.

 

Dacre Lane Pedestrian Gate Entrance – 130mm above the edge of the asphalt road opposite the pedestrian gate entrance.

 

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

 

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

 

71.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $664.00 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.

 

72.     The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

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

 

74.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

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

 

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

 

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

 

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

 

76.     Engineering calculations and plans with levels reduced to Australian Height Datum in 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 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.

 

b)   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.

 

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

 

78.     A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system. Details of the sediment/silt arrester pit can be obtained from Council’s Drainage Engineer on 9399 0919.

 

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

 

79.     Prior to the accredited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the additional residence/dual occupancy.

 

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

 

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

 

81.     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.

 

82.     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.

 

83.     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.

 

84.     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.

 

85.     In order to visually 'soften' the expanses of hard pavement, brick unit pavers or similar shall be used throughout the driveway and carpark areas on the site. Such details shall be shown on the detailed engineering documentation and shall include all structural design details including pavement/subgrade thickness.

 

Such details shall be in accordance with the relevant Australian Standard and shall be submitted to, and approved by, the Principal Certifying Authority, prior to the issue of the Construction Certificate.

 

Advisory Conditions

 

A1.    The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

ATTACHMENT/S:

 

1. A4 Reductions

 

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

12 August, 2004

FILE NO:

D0095/2004

 

PROPOSAL:

 Section 96(2) to delete Condition No. 3 of Development Consent No 04/00095/GB in relation to front fence and gates

PROPERTY:

 7 Hinkler Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 Mr D M Grace

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee for determination at the request of Councillors Chris Bastic, Anthony Andrews and Ted Seng.

 

The original application details the alterations and additions to the existing dwelling including alterations to the front fence by raising the height of existing masonry brick piers to 1725mm and installation of solid aluminium fencing panels. Condition No. 3 of the Development Consent was imposed to have the proposed alterations to the front fence deleted as it does not satisfy the objectives and performance requirements of Part 4.8 of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

The Section 96 application seeks consent to delete Condition 3 of the Development Consent and to raise the height of the front fence to 1800m with the installation of aluminium panels (50% open) in between.

 

The main issue for consideration is that the proposed modifications to the front fence will be out of keeping with the existing established fencing form in the immediate and surrounding streetscape.

 

The recommendation is for refusal.

 

2.    THE PROPOSAL

 

The proposal is to delete Condition No. 3 of the Consent, which states:

 

“3     The proposed raising of the existing front fence does not satisfy the objectives and performance requirements of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies in that the alterations to the front fence will be out of keeping with the established fencing form. The proposed alterations to the front fence, including the new sliding gate are to be deleted from the application and plans accompanying the Construction Certificate amended accordingly.”

 

The application also seeks consent to raise the height of the front fence to 1800mm and installation of aluminium fencing panels with 50% open design and a new sliding gate.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Hinkler Street, north of Paine Street, Maroubra and is currently occupied by an existing two storey dwelling house.  The site has a frontage width of 13.715m, a side boundary depth of 27.54m and has an overall site area of 377.71m².  The surrounding area is residential in nature and contains a mixture of one and two storey semi-detached dwellings and free standing dwelling houses.

 

The existing fencing form within the immediate and surrounding streetscape is of dwarf masonry walls of up to 600mm in height.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

Development Application No. 95/2004 for the alterations and additions to the existing dwelling was approved on 9 March 2004, subject to 20 conditions. Condition No. 3 of the consent required the proposed alterations to the front fence, including the new sliding gate to be deleted.

 

The subject application was lodged on 1 July 2004 which seeks consent to delete Condition No.3 of the consent and to modify the front fence by raising the height of the existing brick piers to 1800mm and installation of aluminium panels with 50% open design in between and a new sliding gate.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan for Public Notification of Development Proposal and Council Plan. The owners of adjoining properties were notified of the proposed modifications on 6 July 2004. As a result of this notification, no submissions were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

No referrals required.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

7.1  Policy Controls

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

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of preferred solutions).

FENCES

P1 Front fences are integrated with streetscape.

S1 Sandstone fences and walls are retained/recycled.

 

Solid front fences in front of the building line no higher than 1.2m.

 

Fences in front of the building line no higher than 1.8m with upper two thirds at least 50% open. (Not applicable in Heritage Conservation Areas).

N/A

 

 

N/A

 

 

 

No – (a maximum height of 1.8m with 50% open aluminium panel insert and upper two thirds of sliding gate at least 50% open). See Section 9.

 

8.    SECTION 96 AMENDMENT

 

8.1  Substantially the same

 

The proposed modifications to the original development proposal are considered to represent substantially the same development.

8.2  Consideration of submissions

 

As noted in Section 5 of this report, no submissions were received during the notification period.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1       Fences

Generally the objectives and performance requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

Preferred solutions include that solid fences front fences are no higher than 1200mm and other types of fences be 1800mm maximum in height and they be designed so that the upper two thirds is at least 50% open.

 

It is noted that the proposed front fence fails to comply with the preferred solutions of the DCP in that part of the fence (excluding the piers) will have a solid appearance constructed of brick for its upper two thirds and will have a maximum height of 1.8m, measured from the footpath level.

 

The existing local fencing form within the immediate and surrounding streetscape is of dwarf masonry walls of up to 600mm in height. It is therefore considered that the proposed modifications to the front fence by raising the height to 1800mm will not integrate with the established local fence form and will not satisfy the objectives and performance requirements of the DCP.  

 

However, the applicant was advised that a maximum height of 1.5m at any point, measured from the footpath level in conjunction with the proposed aluminium panels and gates which are to be at least 50% open (when viewed from the street) would provide for an appropriate transition in the streetscape. The applicant has rejected this solution and has requested that the application be determined in its current form.

 

10.  CONCLUSION

 

The application is recommended for refusal, as the proposed modifications to the front fence do not comply with the objectives and performance requirements of the DCP.

RECOMMENDATION:

 

A.      THAT Council as the responsible authority refuse its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to modify Development Consent No. 0095/2004 by the deletion of Condition No. 3 of the consent to carryout alterations and additions to the existing dwelling at 7 Hinkler Street, Maroubra, for the following reasons:-

 

1        The proposed modifications to the existing front fence, including the new sliding gate do not satisfy the objectives, performance requirements and preferred solutions of Part 4.8 Fence of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies in that the proposed front fence and gate will be out of keeping with the established fence form in the Hinkler Street streetscape between Maroubra Road and Paine Street. 

 

ATTACHMENT/S:

 

A4 configuration plans

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

17 August, 2004

FILE NO:

D/0384/2004

 

PROPOSAL:

 Construction of 11 four-bedroom terrace-style dwellings with associated basement carparking, landscaping and strata-title sub-division.

PROPERTY:

 33-149 Bundock Street, Kingsford (Phase 2A)

WARD:

 Central Ward

APPLICANT:

 Mirvac Projects Pty. Limited

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.         EXECUTIVE SUMMARY

 

The application is referred to the Committee as it is valued at $4.298 million. The applicant for the proposed development, Mirvac Projects Pty Limited, proposes to construct 11 four-bedroom terrace-style dwellings with associated basement carparking, landscaping and strata title sub-division. The proposal comprises Phase 2A of Mirvac’s redevelopment of the portion of the overall Defence development precinct known as Stage 1A which was the subject of sub-division, earth and infrastructure works approved under Development Consent No. 0427/2002.  Mirvac has also lodged another development application for Phase 2B of its redevelopment program (DA No. 474/2004) which is also referred to the Council under a separate report. On 18 November 2003, consent was granted for Phase 1 of Mirvac’s redevelopment (DA 0679/2003) comprising the erection of 34 detached dwelling houses, Torrens-title sub-division, associated earthworks and landscaping, installation of utility services and site establishment works.

 

The subject proposal is consistent with the requirements of the adopted Master Plan for the Defence Site, and complies with the Randwick LEP 1998 controls with the exception of FSR. A SEPP 1 objection has been lodged with respect to the non-compliance and, following assessment, is considered to be well founded in the circumstances. The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access, privacy and views.

 

The proposed building will have a contemporary design that complements the existing low density dwelling house type development approved and currently under construction in Phase 1 of Mirvac’s redevelopment and will enhance the character of the locality. It will use a combination of rendered and face brick-work, sandstone, stone-cladding and blockwork interspersed with feature materials for balconies and windows, all of which will enhance the visual quality of the proposal and contribute to the visual amenity of the future residential development and public domain in the area.

 

The proposal was also referred to Council’s Interim Design Review Panel. The Panel, whilst noting specific variations from the DCP for the Defence Site Kingsford, concluded that overall the proposal was well designed and acceptable.

 

The proposal would be suitable for the site and would have minimal impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

The proposal primarily is for the erection of 11 four-bedroom terrace-style dwelling houses in Phase 2A of the overall Stage 1A area of the Defence land development precinct in Bundock Street. The proposal will be developed over allotments designated as Lots 72 to 82 within the Stage 1A site all with frontage to Banksia Street.

 

The proposed terraces will be raised approximately 1200mm above street level and setback by 900mm from the street boundary with well-defined entry points. The proposed terraces will be divided into two groups to provide for a break in the streetfront presentation to Banksia Avenue.

 

It is proposed to strata sub-divide the proposed development with the allotments designated as Lots 72 to 82. Each lot will have a width of approximately 7m with the exception of Lot 76, which will have width of approximately 12m to accommodate a larger dwelling and the break between the two groups of terraces, and Lot 82, which will be the corner allotment on the corner of Banksia Avenue and Hendy Street.  

 

The dwelling units will all have deep soil rear gardens with a depth of 6m from the rear boundary with the exception of Lots 81 and 82 which will have rear terraces located above the access ramp into the basement carpark. 

 

Access into the basement carpark will be via an access ramp linked to Hendy Street. Pedestrian access into each dwelling will be available directly off Banksia Avenue.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located in the southern part of the overall Stage 1A site and adjacent to the Randwick Environmental Park. It has an area of approximately 2045 sqm. The land is vacant, having been cleared as part of Commonwealth works, and is relatively flat.

 

The subject site is bounded by other land forming part of the overall Stage 1A Defence development precinct to the north, east and west. Further to the east and immediately to the south of the subject site is the future Randwick Environmental Park.

 

4.         SITE HISTORY

 

On 23 September 2002, Council approved Development Application No. 0427/2002 for sub-division of land known as Stage 1A and associated sub-division and infrastructure works. Prior to this, a Master Plan was adopted on 13 November 2001 for the overall development precinct comprising portions of the Department of Defence site declared as surplus land which in total has an area of approximately 49 ha. The Master Plan details the sub-division and development of the development precinct for primarily residential, open space and community facility purposes, and the establishment of the Randwick Environmental Park. A Section 96 (1A) application was submitted by the applicant on 3 March 2004 to modify Development Consent No. 0427/2003 to replace the originally approved street trees and to reduce the footpath widths of certain roads within Stage 1A. The Section 96 application was approved on 7 July 2004. 

 

In early 2003, Mirvac became successful purchasers of the Stage 1A site and lodged development application No. 067/2003 for the first phase of residential development in the Stage 1A area which was approved on 18 November 2002. The current application is for Phase 2A of the Mirvac’s redevelopment of the overall Stage 1A site. As indicated above, another development application (DA No. 474/2004) has been lodged for Phase 2B which is the subject of a separate report to Council.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised (for a period of 14 days) in accordance with the DCP – Public Notification. The application was also referred to the Moverly Precinct Committee. The following submission was received:

 

F. Harris, PO Box 31, Maroubra (on behalf of the Moverly Precinct Committee)

 

·    Increased traffic from the proposed development will exacerbate traffic situation in the area.

 

·    Traffic analysis in the Master Plan does not adequately address current traffic concerns - Council should conduct a traffic impact study in consultation with local residents.

 

·    Traffic measures proposed under the Master Plan will be inappropriate. 

 

·    Contaminants can potentially be released during construction of the subject phase and Council has not put in place appropriate strategies to protect residents from contamination during construction.

 

·    Lack of information to residents concerning the remediation processes and lack of regulatory control to protect surrounding residents and no details have been provided regarding contaminants from pesticides and how asbestos fibres would be contained during high winds.

 

No submissions in support of the proposed development were received.

 

6.         TECHNICAL OFFICERS’ COMMENTS

 

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

 

6.1       Landscaping Comments

 

The Department of Assets and Infrastructure Services advises as follows:

 

“There are no existing trees at this site which are covered by Council’s Tree Preservation Order that will be affected by the proposed development.

 

The applicant is advised to give due consideration to plant selection for this stage of the development in order to ensure a level of continuity is achieved with other stages of the site which are either under construction or those which are to be developed at a later date.

 

The DPCD is advised that this proposal does not comply with Council’s DCP requirement for landscaping, , Zone D, Comprehensive Development, in that a minimum of 25% of the landscaped area is to be provided as soft landscaping (21.7% proposed).

 

This shortfall results from the provision of basement carparking along the rear of the proposed dwellings, which also eliminates the presence of garage doors along the Banksia Street frontage.

 

As such, the DPCD is to determine whether this application satisfies Council’s development controls, and ultimately, whether this application is deemed acceptable.”

 

6.2       Drainage Comments

 

The Department of Assets and Infrastructure Services advises as follows:

 

“On site stormwater detention is not required for this development due to the fact that the development site is drained to the Bundock Wetlands.”

 

6.3       Traffic Comments

 

The Department of Assets and Infrastructure Services advises as follows:

 

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

 

The driveway opening at the Hendy Ave frontage must be 5.50m  metres wide and located at least 1.00 metres clear of the side property boundary.

 

The DPCD Department is advised that no visitor parking spaces have been provided within the site and thus relevant car-washing bay condition has not been included in this report. The applicant has stated that visitor parking is to be provided in the street, as stipulated by Council in the Bundock St DCP. The DPCD Dept is to confirm this prior to issuing development consent.

 

The DPCD Department is to determine whether the internal driveway gradients and carpark layout comply with Council's DCP - Parking.”

 

6.4       Environmental Health Comments

 

The Environmental Health Services advise as follows:

 

“Key Issues

 

A Site Audit Statement has been received by Council confirming the land is suitable for the intended use.  The NSW Health Department have confirmed, after reviewing the Site Audit Statement and Summary Site Audit Report, that Master Plan condition C44 relating to risks from asbestos in the soil for the proposed residential use has been complied with.

 

Noise

 

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment, such as any mechanical exhaust system serving the basement car park and from other plant and equipment.  Conditions should imposed on the consent to address potential noise emissions from the development.  Proposed alteration of building construction working hours has been dealt with by condition.

 

Recommendation:

 

Should the approval be granted for the application relevant conditions are recommended.”

 

6.5       Building Comments

 

The Building Services and Development Control Services advise as follows:

 

BCA Building Classification

 

Class 2            -           Residential units

Class 7a          -           Car park

 

Background

 

A search of Council’s records could not disclose any previous use of a potentially contaminating nature.

 

Key Issues

 

Site Management:

Although some information in relation to construction site management has been provided with the application, the details are not sufficiently detailed to fully address issues such as, the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety, perimeter safety fencing and construction management.

 

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

 

Building Code of Australia (BCA):

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

 

Should the approval be granted for the application relevant conditions are recommended.”

 

6.6       External Agencies Comments          

 

The proposal is not integrated development and there is no requirement for referral to external agencies.

 

7.    MASTER PLANNING REQUIREMENTS

 

A Master Plan for the Defence site at Bundock Street for residential uses, open space, community facility, streets, and infrastructure in the development precinct was adopted by Council on 13 November 2001 subject to a number of variations and requirements for submission of future development applications. A revised Master Plan incorporating all the required variations was submitted and accepted by Council on 13 May 2002.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1       Randwick Local Environmental Plan 1998

 

The site is zoned Zone 2D – Residential D Comprehensive Development under Randwick LEP 1998 (Amendment No 23) which was gazetted on 9 May 2003. The proposed development will be permissible with Council’s consent under the zoning. The following Clauses of the LEP apply to the proposal:-

 

Randwick Local Environmental Plan 1998 (Amendment No. 23)

Clause No.

Requirement

Provided

Compliance

30A(2) – Max FSR

0.9:1

0.98 : 1

No (SEPP No.1 Objection)

30A(3) – Landscape Area

40 per cent of site area

43.96 per cent

Yes

30A(4) – Max Wall Height

10.5m

7.5m

Yes

30A(4) – Max Building Height

12m

8.5m

Yes

30B(2) – Relevant traffic or transport measures to be met.

A traffic report submitted indicating  road capacity impacts and necessary traffic measures.

Traffic report submitted assessing impacts and measures. Traffic measures already required as condition of consent for Stage 1A (DA 0427/00) and Stage 2&3 (DA 0062/03).

Yes

 

42B – Land is suitably remediated for the intended use

Appropriate  evidence of validation and remediation of land for its intended purpose

An unconditional  Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) of the Stage 1A site have been submitted to and signed-off by Council for the site pursuant to SEPP 55. The SAS states that the remediated land is at an asbestos free/undetectable level as confirmed in writing by NSW Department of Health. 

Yes

 

8.2       Relevant State Environmental Planning Policies

 

State Environmental Planning Policies that are relevant to the proposal are :

 

   State Environmental Planning Policy No. 55

   State Environmental Planning Policy No. 32 – Urban Consolidation

   State Environmental Planning Policy No. 66 – Integrating Land Use and Transport

 

The application of these policies to the proposal is addressed in Section 10 below.

 

9.         POLICY CONTROLS

 

9.1       Development Control Plan – Defence Site Kingsford

 

The proposal complies with all of the controls contained in the DCP – Defence Site Kingsford (adopted on 21 May 2003) with the exception of the following (see Section 10.2.1 below for assessment):

 

Requirement

Proposal

Density

 

Max. 0.9 : 1

 

 

 

 

Max 0.98 :1

Height

 

Min. ceiling height of 2.7m for all habitable rooms.

 

 

 

2.4m for first floors of all dwellings

Setback

 

Zero setback from Banksia Avenue

 

 

Articulation zone = Min. 2.4m along Banksia Avenue

 

 

Max 12m primary building zone depth

 

 

 

900mm setback from Banksia Avenue

 

Articulation zone = varies from min.1.7m to max. 3.6m along Banksia Avenue

 

Max building zone depth of 13.5m

 

Landscaped area

 

Soft landscaping =  25% of site area

 

 

Soft landscaping = 21.7% of site area

 

 

9.2 Development Control Plan – Parking

 

The proposal will provide two carparking spaces per dwelling which complies with the numerical requirements of the DCP – Parking.

 

10.       ENVIRONMENTAL ASSESSMENT

 

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

 

10.1   Statutory Controls

 

10.1.1  Randwick Local Environmental Plan 1998

 

The site is zoned Zone 2D – Residential D Comprehensive Development under Randwick LEP 1998 (Amendment No 23) which was gazetted on 9 May 2003. The proposal will be permissible with Council’s consent under the zoning. The proposal complies with statutory controls applicable to the site with the exception of the following:

 

10.1.1.1 Floor Space Ratio

 

The proposed development does not comply with Clause 30A(2) of the Randwick LEP 1998 (Amendment No. 23), which allows a maximum Floor Space Ratio (FSR) of 0.9:1. The proposal will have an FSR of 0.98:1 which results in a Gross Floor Area of 2009 sqm. (over a site area of 2045sqm).

 

The applicant has submitted an objection under the provisions of State Environmental Planning Policy No.1 (SEPP 1) for Council to consider a variation from the FSR standard. The applicant argues that strict compliance with the FSR control is unreasonable and unnecessary for the following reasons:

 

1.   The C-shaped courtyard dwelling houses immediately adjoining the subject site to the north and approved under DA 0679/2002 were designed to optimise solar access to the living areas and outdoor spaces of these dwelling houses. This arrangement necessitated an increase in the depth of their allotments by 1m resulting in a corresponding reduction in the site area for the subject terraces along Banksia Avenue. Notwithstanding this reduction in site area, the proposed builtform of the terraces will still achieve equity in solar access for both housing types to the benefit of the overall development which outweighs the minor breach of FSR. 

 

2.   The Randwick LEP requires void spaces to be included in FSR calculations when in fact there are no actual “floors” as such. However, void spaces in the development facilitate light and cross ventilation thereby improving internal amenity.

 

3.   The variation in FSR does not result in any inconsistencies with the objectives of the zone.

 

4.   The extent of non-compliance is minor and does not result in any adverse environmental impacts.

 

5.   The proposal will provide a high quality contemporary design that is sympathetic to the existing and desired future character of the area.

 

6.   The scale and nature of the non-compliance does not give rise to matters of state or regional significance nor does the non-compliance adversely affect the public interest.

 

The objective of the residential FSR control is to establish reasonable upper limits for development in residential zones through a limit on the amount of floor space that can be provided. The control will assist in reducing the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment. The variation in FSR amounts to a ratio of 0.08:1 which is minor and is not considered to create any significant nor perceptible difference in visual bulk and scale given that the proposal is well below the maximum height control applicable over the site. Furthermore, it should be noted that the FSR for the Phase 2B proposal (DA No. 474/2004) will be 0.77 :1 (that is, a Gross Floor Area of 2499.6 sqm over a site area of 3244 sqm) which is significantly below the maximum permissible FSR of 0.9:1 such that, when the Phase 2A and Phase 2B sites are combined, it will result in a total FSR of 0.85:1 (that is, a combined Gross Floor Area of 4508.6 sqm over a combined site area of 5289 sqm) complying readily with the FSR control.

 

In addition, the subject proposal, visually, will be low-scaled and low-density in the form of terrace dwellings (instead of apartment dwellings permissible in the zone) spread over an open site that will be sub-divided into regularly sized strata-title allotments. As such, the proposal will not be visually intrusive or dominant in the context of the subject site given appropriate design treatment. The assessment in Section 10.6 below indicates that the proposal will have minimal adverse amenity impacts on adjoining and surrounding developments.

 

The reasons behind the SEPP 1 objection are considered well founded and should be supported.

 

10.1.2 State Environmental Planning Policy No. 55

 

SEPP 55 aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment. Clause 7 of the Policy states that a consent authority must not consent to the carrying out of any development on land unless:

 

(a)        it has considered whether the land is contaminated, and

(b)        if land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out, and

(c)        if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

Pursuant to SEPP 55, an unconditional Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) of the Stage 1A site have been submitted to Council for the site to satisfy the deferred commencement consent for the proposed Stage 1A sub-division under DA No. 0427/2002. The SAS and SSAR indicate that the site is suitable for proposed residential and open space uses. In addition, the SAS and a SSAR have indicated that the Stage 1A site has no unacceptable risk arising from asbestos contamination and this has been confirmed in writing by the NSW Department of Health. In summary, the site as proposed to be developed by Mirvac under the current DA is in a state that is suitable for its intended use.

 

10.1.3  State Environmental Planning Policy No. 32 – Urban Consolidation

SEPP 32 aims to promote the development of land by enabling urban land which is no longer required for the purpose for which it currently is zoned or used, to be redeveloped for multi-unit housing and related development, and to implement a policy of urban consolidation where a diverse range of housing types is to be developed in urban localities close to existing transport, employment and community facilities. Clause 7 of SEPP 32 requires Council to implement the aims and objectives of the policy when preparing LEPs.

 

The proposal flows on from the approved sub-division and infrastructure works for the Stage 1A site and forms part of a wider plan for future residential development of the surplus Defence land comprising the Bundock Street development precinct. It is consistent with an adopted Master Plan that will primarily introduce a range of housing types thus increasing the availability of housing in the locality close to existing transport and community facilities.

 

10.1.4  State Environmental Planning Policy No. 66 – Integrating Land Use and Transport

 

SEPP 66 aims to integrate land use and transport to ensure that urban structures, building forms, land use locations, development designs, sub-division and street layouts achieve the following planning objectives:

 

   improved access to housing, jobs and services by walking, cycling and public transport

   increasing the choice of available transport and reducing dependence on cars

   reducing travel demand and distances especially by cars

   supporting the efficient and viable operation of public transport

 

The proposal will result in residential development that will be guided by the adopted Master Plan, DCP – Defence Site Kingsford and Randwick LEP, all of which seek to ensure that land is used efficiently and in close proximity to existing public transport services. The proposal will form part of an overall development of the Defence site that will cumulatively result in a new residential development area that, in terms of its location, density, and design, maximise the catchment of future public transport links. The proposal will be well served by existing bus services especially on Avoca Street and Malabar Road providing ready access to the CBD, and regional and local centres. In addition, the subject site and the other areas of the development precinct will be linked by a comprehensive and efficient network of pedestrian and cycle access ways in line with the provisions of SEPP 66.

 

10.2     Policy Controls

 

10.2.1  Development Control Plan – Defence Site Kingsford

 

As noted in Section above, the proposal does not comply with a number of controls contained in the DCP – Defence Site Kingsford. These non-compliances are discussed below:

 

1.         Introduction of a 900mm front setback

 

The DCP specifies a zero setback from Banksia Avenue. The proposal provides for a 900mm setback from Banksia Avenue which the applicant advises has the following benefits:

 

·    Provide an attractive outlook for residents outside and within the development

 

·    Afford additional privacy for residents of the proposed development.

 

The applicant’s justification is considered acceptable especially given that the proposed setback will assist in avoiding a hard building edge on the boundary to Banksia Avenue and in softening the building through the provision of landscaping.

 

2.         Building zone depth exceeds max 12m requirement

 

The applicant advises that the building depth control of 12m relates primarily to an apartment-type building whereas the proposal only seeks approval for a terrace-type development. The proposed terraces will have specific solar access and privacy needs that necessitates some variation from the DCP footprint and envelope such that in some areas the proposed terraces step outside the maximum envelope while in other areas the proposal will step well inside the footprint. The applicant advises that notwithstanding this, the overall scale of the proposed development visually will be less intrusive than the apartment type building allowable under the DCP.

 

The applicant’s advice is considered acceptable especially given that the objectives of the building depth control have been met in that clearly defined rear garden zones will still be achieved as the increase in building depths do not encroached into the rear setback and there will be no impact on the amenity of existing residential properties and future dwellings in the locality arising from the proposed building depths (see Section 10.6 below).

 

3.         Articulation zone varies from min. 1.7m to max 3.6m

 

The DCP requires a minimum articulation zone of 2.4m along the Banksia Street frontage. The proposal has a variable articulation zone of between min. 1.7m and max 3.6m. The applicant advises that this variation essentially maintains an articulation zone that, in terms of volume, is consistent with the DCP as the reduction in the articulation zones in some areas will be balanced by an increase in other areas. The applicant’s advice is considered acceptable given that the proposed articulation to Banksia Street frontage will adequately break any visual bulk to the buildings and provide visual interest in its façade through the use of bays, balconies, sun control elements and glazing within the proposed articulation zone.

 

4.         Ceiling heights less than 2.7m on first floor

 

The proposed development will have first floor ceiling heights of 2.4m. The applicant has advised that there is no need for consistent 2.7m ceiling heights for first floor bedrooms, bathroom/ensuites and hallways for the following reasons:

 

   The sizes and proportion of all bedrooms (in the first floor levels) are regular rather than long or linear which would suit the proposed 2.4m ceiling heights. Long or linear bedrooms would tend to accentuate low ceiling heights by constricting internal aspect.

 

   Each bedroom offers substantial expanses of glazed area, creating a greater sense of internal bedroom height and space.

 

   Ceiling heights are maximised in all the principal living areas locate on the ground floor levels of each dwelling.

 

The applicant’s rationale for the proposed 2.4m ceiling heights is not considered reasonable in view of the fact that the proposed terrace-style building will be well below the DCP maximum building height control. As such, there is no statutory or physical restraint suppressing the achievement of the required 2.7m ceiling height. More importantly, the 2.7m ceiling height will ensure an appropriate internal amenity for all future dwellings in the Defence development site. In view of this, a condition will be applied requiring the submission of amended plans showing 2.7m ceiling heights for first floor levels in the proposal.

 

5.         Shortfall in soft landscaping

The DCP requires soft landscaping amounting to 25 per cent of the site area which is equivalent to 511.3 sqm. The proposal only provides for 21.7 per cent, that is, 442.9 sqm of soft landscaped area. The applicant advises that the reason for the departure is largely attributable to the placement underground of all carparking so as to eliminate garage doors to Banksia Avenue.  The applicant also points to the proximity of the Randwick Environmental Park in providing both green open space and visual landscaped amenity to the proposal. The proposed terrace-style building will be distributed laterally over the site including the basement carpark (as opposed to a more compact higher apartment building as allowed for under the DCP). This low-scale terrace format has resulted in the loss in soft landscaped area which occurs largely as a result of the need for access ramp into the basement carpark which will have terraces linked to dwelling units in Lots 81 and 82 built over it. Accordingly, it s considered that the loss in soft landscaped area is considered acceptable given the overall low-scale nature of the proposed development and the design benefits of placing carparking elements underground.  

 

In addition, it should be noted that the soft landscaped area for the Phase 2B proposal (DA No. 474/2004) will be 29 per cent of the site area (that is, 959.2 sqm of soft landscaped area over a site area of 3244 sqm) which is above the minimum permissible soft landscaping of 25 per cent such that, when the Phase 2A and Phase 2B sites are combined, it will result in a total soft landscaped area of  26.5 per cent (that is, a combined soft landscaped area of 1402.1 sqm over a combined site area of 5289 sqm) complying overall with the soft landscaping control.

 

10.2.2  Development Control Plan - Parking

 

In providing 2 carspaces for each dwelling house, the proposal will readily comply with the numerical requirements of the DCP – Parking.

 

10.3     Master Plan

 

The Master Plan for the subject site was adopted on 13 November 2001 subject to a number of matters being addressed in a revised Master Plan and subsequent development applications for the subject site. A revised Master Plan consistent with the required amendments was received by Council on 13 May 2002. The current proposal has addressed all Master Plan requirements for the lodgement of development applications which have been incorporated in the current development application.

 

10.4     Urban Design

 

The proposal will comprise two groups of terrace dwellings fronting Banksia Avenue whose layout and characteristics are shaped by the north-south orientation of the allotments. The provision of basement carparking rather than at-grade garages is considered appropriate, eliminating the potentially unsightly effect of garages to the street front and ensuring a more holistic and harmonious residential presentation to the street.  

 

The proposed buildings will have a bulk and scale that will not be visually intrusive in, but rather complementary to, the streetscape. The proposed 900mm setback of the terraces from the Banksia Avenue boundary will assist in softening the presentation of the building to the street.

 

The architectural design of the proposed terrace houses is considered to be of reasonably good quality and will complement the architectural style of the buildings already approved and under construction in Phase 1 of the Mirvac redevelopment. The proposal is also consistent in design to the Phase 2B terrace development proposed under DA No. 474/2004 which is also currently before Council for consideration.

 

The architectural form and visual character of the proposed development will be augmented by the application of a variety of external building finishes as reflected in a sample board submitted with the application. The sample board contains a good balance of natural materials such as stone (for feature walls and letter boxes) and timber (for privacy screens, barges and eaves) and man-made materials such as render, paint and glass to create appropriate articulation and modulation and provide a quality visual interest for the development.  In addition, the facade composition achieves an appropriate balance of vertical and horizontal elements, which provide symmetry to the terrace houses.

 

The proposal has been referred to the Interim Urban Design Review Panel for comments notwithstanding the fact that SEPP 65 does not require the proposal to be referred to the Panel as it is not a residential flat development. The Panel has provided the following comments (which are followed by Council’s comments) in respect of the proposed development:

 

1.   Relationship to the Context of the Proposal

    

The proposal largely follows the site specific DCP. The choice of terrace houses for the park front setting is supported. The consolidation of parking under the buildings with a single driveway width per row is also supported.

           

Council’s comments: The Panel’s assessment is supported.

                       

2.         The Scale of the Proposal

 

The Panel is concerned about the unrelieved two storey scale of the proposal, given that the DCP envisioned a 3 storey scale for the park front housing. Due to its location the roofscape is also heavily overlooked.

 

Council’s comments: In response, the applicant advises that the two storey scale of the proposal is intrinsic to the proposed terrace-style development and is significantly less intrusive than a three storey apartment building in terms of height, bulk and scale. The applicant’s advice is considered acceptable especially given that the proposed two storey format will be relieved by appropriate articulation and modulation in the form of framed bay elements over balconies, sun control devices and metal screens, and rendered feature walls.

 

3.         The Built Form of the Proposal

 

The Panel considered that the type of terrace with the courtyard, although smaller in floor area, is a better style of residence, providing greater amenity, including sun and ventilation.

 

It is suggested that the courtyard housing be followed through the entire strip of terraces.

 

It is considered that some form of individual façade treatment to the terraces would provide for some visual interest to the street.

 

Council’s comments: The Panel’s comments in relation to internal courtyards relate to the proposal for Phase 2B of Mirvac’s redevelopment under DA No. 474/2004 and will be addressed in the assessment of that DA which is also before Council for consideration.

 

In relation to the façade treatment of the proposed development, see comments for point 6 below.

 

4.         The Amenity of the Proposal for its Users

           

            The applicant should consider the incorporation of skylights and clerestory   windows. The applicant should also consider increasing the floor to ceiling heights for the upper level of the terraces. A 2.5m ceiling height should be a minimum and 2.7m would be preferable.

 

Council’s comments: The applicant advises that the proposed terraces will achieve good solar access through wide balconies and other glazed elements so that use of skylights and tall windows is unnecessary. The applicant’s advice is considered acceptable. In relation to ceiling heights, the Panel’s comments are supported and a condition will be applied requiring amended plans to show ceiling heights of 2.7m for the first floor (see Section 10.2.1 above).

 

5.         The Safety and Security Characteristics of the Proposal

 

The proposal is positive in that all dwellings have a direct street address.

 

Council’s comments: The Panel’s assessment is supported.

 

6.         The Aesthetics of the Proposal

 

The expression of individual houses is generally supported. The Panel has concerns regarding the low scale, and would prefer more variation in height and roofscape.

 

Council’s comments: As indicated in point 2 above, the proposed two storey format will be relieved by appropriate articulation and modulation in the form of framed bay elements over balconies, sun control devices and metal screens, and rendered feature walls. The proposal will have a standard 30 o pitched roof element, which combined with the break in the proposed building into two groups would allow for adequate visual interest and variation.

 

10.5     Site Suitability

 

The subject site is part of the development precinct of the Defence site, which is identified in the Master Plan adopted by Council on 13 November 2001 for residential development, parks, community facility and streets. The proposal is consistent with the layout of the subject area shown in the adopted Master Plan. The proposed development will also occur over land that forms part of the Stage 1A sub-division which was approved by Council under DA No. 0427/2002. A Site Audit Statement, together with a Summary Site Audit Report, have been prepared for the site by a Site Auditor confirming that the soil and groundwater conditions of the site are suitable for the intended residential use. As such, the site is suitable for the proposed development and associated works. The subject site is located in an established urban area surrounded by existing road and services infrastructure, community facilities and open space in the locality.

 

10.6     Impact on adjoining development

 

10.6.1  Overshadowing

 

The applicant has submitted shadow diagrams indicating that, in terms of the overshadowing impacts within the proposed development, the proposal will comply with the solar access requirements for 1 and 2 storey developments of the DCP – Defence Site Kingsford as follows:

 

·    The principal living room is to have at least 2 hours sunlight reaching 2 sqm of glazing to that room between 9.00am and 3.00pm on June 21

 

·    Sunlight is to be available to the principal area of ground level private open space for at least 2 hours between 9.00am and 3.00pm on June 21

 

In addition, the two-storey scale of the proposed development and its location south of the dwelling houses in the approved Phase 1 site of the Mirvac redevelopment (DA No. 067/2003) will ensure that there will be no overshadowing of these adjoining residential properties. Similarly, its location on the northern side of Banksia Avenue and eastern side of Hendy Street, away from the Randwick Environmental Park, will ensure minimal overshadowing of this open space. The future terrace dwellings proposed immediately to the east of the subject site under DA 474/2004 will be overshadowed in the winter afternoon but will be free from overshadowing from the proposal in the winter morning and noon.

 

10.6.2  Overlooking

 

The proposal will have living rooms and family rooms on the ground floor and bedrooms on the first floor. As such, there will be minimal overlooking of the adjoining residential properties and their rear yards to the north. First floor balconies proposed on the south elevation will pose little overlooking concerns as they are linked to bedrooms and face Banksia Avenue and the Randwick Environmental Park beyond.

 

10.6.3  Loss of views

 

There are some district views currently enjoyed across the subject site from south-facing dwelling houses on the northern side of Bundock Street. The proposal may potentially result in some loss of district views to these dwellings. However, the loss is not considered significant and will be minimised by the low-scaled nature of the proposed development and its location within the Bundock Street Defence site well to the south.

 

10.7     Flora and Fauna

 

Section 5A of the Environment Planning & Assessment Act 1979 requires an eight-part test to be undertaken where threatened items or habitats are likely to be detrimentally affected by development.

 

In line with the approach taken in the earlier development application (DA No. 0679/2003) for Phase 1 of the Mirvac redevelopment, the applicant has provided advice from Dr Kevin Mills who prepared and submitted an earlier eight-part test for the overall Stage 1A site with the approved development application (No. 0427/2002) for the site. Dr Mills advises that the flora and fauna report for the Stage 1A land prepared in May 2002 addressed all matters relating to the potential impact of developing Stage 1A and was supported by the eight-part test prepared for the site in accordance with Section 5A of the Environment Planning & Assessment Act 1979. Dr Mills further advises that the eight-part test for Stage 1A holds true for the currently proposed development in Phase 2A. Accordingly, the applicant’s submission of the eight-part test prepared by Dr Mills for the Stage 1A land can be accepted as meeting the requirements of Section 5A of the Act. As such, the current residential development is not likely to have any significant adverse effect primarily because there are no threatened species, populations or ecological communities listed under the Threatened Species Conservation Act 1995 in the subject site. Council’s Bushland Management Section has applied a separate 8-part test to the proposed development in accordance with Section 5A of the Environmental Protection and Assessment Act 1979 and confirms that the proposed development would not have any significant adverse effect due to the absence of any threatened items in the site.

 

The applicant has also included a Section on flora and fauna in the Statement of Environmental Effects that emphasises that the site is currently the subject of Department of Defence’s demolition and earth works such that there is no significant vegetation and/or native fauna on-site. This finding is consistent with the fact that the Defence site is the subject of Commonwealth Works vegetation clearing in Stage 1A. Notwithstanding this, a condition to protect any wild-life that may wander into the subject site from the neighbouring Randwick Environmental Park and elsewhere will be applied essentially requiring the applicant to prepare appropriate wild-life management strategies for the subject site.

 

10.8     Landscaping and Open Space

 

Landscape concept plans have been submitted by the applicant. The Statement of Environmental Effects states that the proposed landscape treatment will create a distinctive neighbourhood character within the development site and an appropriate interface with the Randwick Environmental Park. It also states that the landscaping has been designed in recognition of the need to provide useable private open space for residents and visual permeability between private and public spaces based on the following principles:

 

   Plant material selected to respond to prevailing microclimatic conditions and low water requirements once established.

 

   Use of native species in streetscape and public areas.

 

   Use of large regularly spaced trees to establish a rhythm in streetscape

 

   Install smaller scale tree “couples” at front of each dwelling to support rhythm of larger street trees and to soften the vertical scale of dwellings.

 

   Landscape area to each dwelling to include between 1 and 3 trees capable of reaching 12m mature height.

 

   Use of deciduous tree species to increase solar advantage in summer/winter

 

   Use of some evergreen species to provide shade and shelter and constant “green” landscape

 

   Front edge of gardens to be defined by a “living fence” or hedge, become a continuous element in the streetscape and assist in unifying neighbourhood character.

 

   Plant species to be selected to provide adequate levels of safety and surveillance of streets and pedestrian areas.

 

   Landscaped areas to be contoured to encourage infiltration of stormwater run-off

 

   Provision of 5000 lt rainwater tanks to each dwelling to enable use of this water in the garden 

 

   Use of porous paving to encourage permeability

 

Overall, the landscaping design is considered acceptable and will provide a good quality landscape treatment to complement the architectural design of the proposed development.

 

10.9     Ecologically Sustainable Development

 

In line with the Local Government Amendment (Ecologically Sustainable Development) Act 1997, Council requires appropriate consideration to be given to the principles of Ecologically Sustainable Development in the assessment of development applications.

 

The development application has been accompanied by a NatHERS assessment which indicates that based on appropriate modelling the proposed development will achieve in excess of a 4 star energy rating. Accordingly, a NatHERS compliance certificate has been issued for the proposed development by a qualified certifier. 

 

The proposal will essentially be single-loaded dwellings on each of the proposed building blocks to ensure direct cross-ventilation. In addition, the proposed development will incorporate the following ESD features which are in accordance with the ESD provisions of the adopted Master Plan and the DCP – Defence Site Kingsford:

 

·    Roof areas on each dwelling to be suitable for the installation of photovoltaic cells

 

·    Stormwater retention water tanks of 5000 litres capacity to be installed with filtration system and pump allowing rainwater re-use in toilet flushing, cloths washing and plant watering.

 

·    Maximise natural cross ventilation including the positioning of stairwells to achieve stack effect to enhance natural ventilation.

 

·    Passive solar design principles of maximising north-facing glazing and minimising areas of south-facing glass.

 

·    Use of high thermal mass materials including bricks, concrete and stone

 

·    Gas boosted solar hot water systems to be installed and provision of gas heating outlets to all living areas

 

·    Provision of external clothes drying areas

 

·    Use of dimmers on lighting in living areas and motion detectors for external entrances

 

Accordingly, the proposal is considered appropriate in terms of ESD principles and is consistent with the requirements of the adopted Master Plan and Local Government Amendment (Ecologically Sustainable Development) Act 1997.

 

10.10   Construction Management

 

A construction management plan has been submitted with the application, which has been assessed by Council’s Environmental Health Officer and found to be adequate subject to additional environmental conditions to augment the construction management plan. In addition, the applicant advises that access for all construction traffic will be from Bundock Street which is the main public road adjoining the subject site.

 

10.11   Site Remediation

 

The adopted Master Plan requires that the subject site and the overall land comprising the development precinct be remediated to the maximum standard for residential and other sensitive land uses applicable under the relevant State and Commonwealth legislation and guidelines, and in the case of asbestos or other contaminants where no adopted standards exists the site is to be remediated to an asbestos free level or to a level where no unacceptable health risk remains as confirmed in writing by the relevant State and/or Commonwealth Government Authority.

 

Accordingly, in determining Development Application No. 0427/2002 for the sub-division and associated infrastructure works for Stage 1A, Council issued a Deferred Commencement Consent with a deferred commencement condition requiring the submission to Council of a Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998. The site audit statement was required to be unconditional and to cover both land and groundwater. In addition, the Site Audit Statement was required to clearly state that in the case of asbestos, where no standard exists, the remediated land is at an asbestos free/undetectable level or to a level where no unacceptable health risk remains as confirmed in writing by NSW Department of Health.  The entire site was required to be remediated to not less than the National Environmental Health Forum’s health based soil investigation level (NEHF A) standard, with the exception of open space, which was required to be remediated to not less than (NEHF E) standard (which is the remediation standard for open space).

 

On 15 November 2002, the applicant’s Site Auditor, Mr Ross McFarlane, provided Council with a Site Audit Statement indicating that the Stage 1A site was not subject to any asbestos fibre concerns and that the site is suitable for the land-uses nominated. Accordingly, the requirement of the deferred commencement consent has been met and the use of the site for the subject proposal can proceed should approval be granted.

 

10.12   Traffic and access

 

The applicant has provided a traffic report undertaken by Colston Budd Hunt and Kafes. The report states that the combined estimated peak hour generation for second phase of the Mirvac redevelopment (that is, for both the subject proposal being Phase 2A and the proposal under DA No. 474/2004 being Phase 2B of the Mirvac redevelopment) will be 20 vehicles per hour two-way. This is considered a low generation, equivalent to an average of only one vehicle per 3 minutes.

 

Concern has been raised by local residents that increased traffic from the proposed development will exacerbate traffic situation in the area. The traffic report estimates the total peak hour generation rate for the overall Stage 1A site (that is the combined estimated traffic generation for the approved Phase 1 (DA No 679/2003), current Phases 2A (DA 384/2004) and 2B (DA 474/2004) and the future Phase 3) will be approximately 70 vehicles per hour two-way during peak periods. This total traffic generation rate will in fact be lower than that predicted in the approved Master Plan by Traffix Pty. Limited which was estimated at 86 vehicles per hour two-way during the morning and afternoon peak hour periods. Furthermore, the proposed access via Hendy Street is also in accordance with the access arrangements for Stage 1A adopted in the Master Plan. The intersection of Hendy Street and Bundock Street will be formalised into a four-way priority controlled unsignalised intersection. Council’s Department of Assets and Infrastructure Services advises that traffic facility and management had been dealt with adequately in the Stage 1A development application approval (DA No. 0427/2002), which would cover the traffic needs of the current proposal. Accordingly, additional traffic facility/management conditions are not required for the subject application.

 

10.13   Social Impact

 

It is considered that the proposal will increase the availability of housing and promote the objectives of the zone as well as the urban consolidation principles contained in SEPP 32. The effect of the proposal would be to bring more people to the site resulting in a new community likely to include young families, “empty nester” household, and share households. The added population will generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities into the area. The increase in density is not considered to generate an unreasonable demand on the availability of services, especially given that the overall development precinct will have a multi-purpose community centre in the future and a range of passive and recreational open-spaces, all constructed and provided by the Department of Defence. It should be noted that the provision of the community centre and open space areas are in accordance with Council’s Section 94 Contributions Plans for the subject site and overall development precinct.

 

10.14   Resident Submissions

 

The majority of issues raised by residents have been adequately addressed in the assessment above. Additional concerns raised by residents are addressed as follows:

 

·    Traffic analysis in the Master Plan does not adequately address current traffic concerns - Council should conduct a traffic impact study in consultation with local residents.

 

The traffic analysis undertaken by Colston Budd Hunt and Kafes for the subject proposal is considered adequate and has appropriately incorporated an analysis of the cumulative impacts arising from the overall development of the Stage 1A master plan site (see Section above). Council’s Traffic Engineer has raised no objection to the traffic analysis. The preparation of the approved Master Plan for the Defence site and its traffic component involved a comprehensive process of community and stake-holder consultations. Given that the estimated total traffic generation from Mirvac’s redevelopment of the Stage 1A master plan site will be lower than that estimated in the Master Plan, a new traffic analysis is not warranted.

 

Council’s Traffic Engineer advises that there has been no evidence to suggest a high degree of traffic concerns in Bundock Street currently than that to be expected from the predicted number of car trips from the proposed development bearing in mind the following:

 

   the predicted cumulative level of traffic generation is within the established traffic generation threshold

 

   the combined traffic volumes using the Oval Avenue and Hendy Street access is expected to reduce in the future pending the construction of the main access further west directly onto Avoca Street at a later date.

 

   the additional traffic generation from all approved Master Plan stages adjoining Bundock Street (that is, Stages 1A, 2 and 3) and the Community Centre development will be relatively moderate as the proposal predominantly will comprise residential development, which has much lower traffic generation rates than commercial and retail uses.

 

·    Traffic measures proposed under the Master Plan will be inappropriate. 

 

The Master Plan Traffic Assessment undertaken by Traffix Pty. Limited advised that all roads and intersections in the Master Plan will be designed in accordance with Austroads Guidelines and Amcord Guidelines to ensure safe and efficient traffic movement. In addition, the DCP – Defence Site Kingsford requires the introduction of a range of off-site traffic management improvements on adjoining and surrounding roads which are to be implemented commensurate with the development of each stage within the development precinct. A range of traffic calming devices will be required along Bundock Street, specifically at the intersection of Oval Avenue and Bundock Street, which will include pedestrian refuges and mid-block traffic devices. The design of the roads and installation of traffic calming measures on Bundock Street will assist in reducing the potential for accidents and injury and damage to property. Furthermore, a condition has been applied under Development Consents No. 0427/2002 (for the sub-division and infrastructure for Stage 1A of the Master Plan) and No. 062/2003 (for the sub-division and infrastructure for Stages 2 and 3 of the Master Plan) requiring the Department of Defence as the Commonwealth to enter into a deed with Council to ensure the installation of the off-site traffic works associated with the proposed development.

 

·   Contaminants can potentially be released during construction of the subject phase and Council has not put in place appropriate strategies to protect residents from contamination during construction.

 

A condition has been applied in the previous approval for the Stage 1A development (DA No. 0427/2002) for the appointment of an Environmental/Community Liaison Officer to ensure strict compliance with all conditions of consent and in particular to ensure all works comply with relevant provisions of the Protection of the Environment Operations Act 1997. The officer would also act as a liaison and first point of contact with the community to act on any complaints arising. Accordingly, an Officer has been appointed and attends the Stage 1A site regularly to monitor the earthworks currently being undertaken onsite. The officer has prepared monthly summary reports, which have been submitted to Council, detailing any complaints and the rectification actions. To date these summary reports do not indicate any incidence of dust pollution off-site. Any resident concerns regarding dust generation can be raised with the Environmental/Community Liaison Officer directly whose details are published regularly in the Department of Defences newsletter, which is distributed to all residents in the surrounding area. Alternatively, the residents can contact Council’s compliance officers directly regarding any amenity issues arising from earthworks on the site.

 

·   Lack of information to residents concerning the remediation processes and lack of regulatory control to protect surrounding residents and no details have been provided regarding contaminants from pesticides and how asbestos fibres would be contained during high winds.

 

The remediation of the site constitutes Commonwealth Works and is not subject to Council’s consent. Notwithstanding this, there was extensive consultation and dissemination of information concerning the testing, monitoring and remediation of contaminants in the Stage 1A site during both the Master Plan and development application processes because Council required that all land within the subject site and the wider development precinct be remediated to a level where it would be asbestos free or to a level where no unacceptable risks remains for the intended use in accordance with the provisions of SEPP 55 and the Contaminated Land Management Act. On 15 November 2002, the applicant’s Site Auditor, Mr Ross McFarlane, provided Council with a Site Audit Statement indicating that the Stage 1A site was not subject to any asbestos fibre concerns and that the site is suitable for the proposed residential land-use. This has been confirmed in writing by the NSW Department of Health. 

 

11     CONCLUSION

 

The proposal is a permissible use in the Residential 2D zone applicable to the site under Randwick LEP 1998. The application is also consistent with the provisions of the Master Plan as adopted on 13 November 2001.

 

The proposal complies with all the statutory controls contained in the Randwick LEP 1998 with the exception of FSR. A SEPP 1 objection to this control has been submitted. The variation in FSR is not expected to give rise to any detrimental impacts on the amenity of surrounding residential properties nor result in a development that would be inconsistent with the surrounding streetscape. Accordingly, the SEPP 1 objection is considered to be well-found in the circumstances.

 

The proposal does not comply with a number of controls in the DCP – Defence Site Kingsford relating to articulation zones, building depth, front setback, soft landscaping and ceiling heights. These non-compliances have been assessed and all found to be justified with the exception of ceiling heights. A condition will be applied requiring compliance with the ceiling height control should approval be granted. 

 

The proposed development is not considered to give rise to adverse detrimental impacts on surrounding developments. Visually, the proposal will be well-designed with a bulk, scale and height that will complement the existing streetscape and locality.

 

The application is recommended for approval subject to conditions.

 

12.       RECOMMENDATION:

 

A.        THAT the Council support the objection under State Environmental Planning Policy No.1 (SEPP No. 1) in respect to non-compliance with Clauses 30A of the Randwick Local Environmental Plan 1998 (relating to maximum floor space ratio) on the grounds that the proposed use complies with the objectives of the clause and will not adversely affect the amenity of the surrounding locality and that the Department of Infrastructure, Planning and Natural Resources be advised accordingly.

 

B.         THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 384/2004 for construction of 11 four-bedroom terrace-style dwellings with associated basement carparking, landscaping and strata title sub-division at 33 – 149, Bundock Street, Kingsford, subject to the following conditions:-

 

REFERENCED PLANS:

 

1.   The Development must be implemented substantially in accordance with the plans numbered DA 001A Issue A, DA 002A Issue A, DA 003A Issue A, DA 004A Issue A, DA 005A Issue A,  DA 006A Issue A,  and DA 007A Issue A, dated received by Council on 25 May 2004 and 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 external colours, materials and finishes of the proposed development and the landscaping plans shall be in accordance with the sample board details and elevations prepared by HPA Architects, Planners & Interior Designers submitted to and received by Council on 8 June 2004.

 

3.   The floor to ceiling height of all first floor levels of the subject development shall be 2.7m high. The submission plans are to be amended accordingly, prior to the issuing of the construction certificate.

 

4.   The applicant shall prepare a wild-life management plan containing appropriate measures and procedures for treating any wildlife that may be affected by the proposed development or that may wander into the site from the neighbouring Randwick Environmental Park and elsewhere, and these provisions shall form part of induction points for workers and staff on-site. The induction points shall include contact details of WIRES for rescue and retrieval. Details are to be submitted to Council for approval, prior to the issuing of the construction certificate.

 

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

 

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

 

6.   The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of Planning & Community Development, prior to the commencement of works.

 

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

7.   Upon completion of the development and prior to the issuing of the strata subdivision, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

Details of critical stage inspections carried out by or on behalf of the principal certifying authority together with any certification relied upon and the occupation certificate for the building must also be provided to Council prior to approval of the strata subdivision plans.

 

(Sydney Water compliance cert. i.e. additional dwellings, MUH or new industrial dev.)

 

8.   The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an occupation certificate or release of the subdivision linen plan, as applicable.

 

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:

 

9.   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 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, adjusted in accordance with the NSW Environmental Protection Authority’s Environmental Noise Control Manual (for sleep disturbance) and Industrial Noise Policy 2000.

 

10. The operation of air conditioning unit/s is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the air conditioning unit/s shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

·      before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·      before 7.00am or after 10.00pm on any other day.

 

11. All building, construction and associated site works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Saturday and all building activities are strictly prohibited on Sundays, and Public Holidays, except with specific written authorisation of Councils Manager.

 

12. The use of any rock excavation machinery or any mechanical pile drivers, concrete pumping, compactors, pneumatic hammering plant and backhoes is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

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

 

13. The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

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:

 

14. The basement car park shall be ventilated in accordance with the Building Code of Australia, Australian Standard 1668 parts 1 and 2.

 

15. 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 ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

16. 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.

 

17. 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.

 

18. 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.

 

19. 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.

 

20. An Occupation Certificate must be obtained from the principal certifying authority prior to any occupation of the building work encompassed in this development consent in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

22. 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:

 

23. 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:

 

24. 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.

 

25. 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.

 

26. 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.

 

27. 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.

 

28. 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.

 

29. 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.

 

30. 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.

 

31. 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.

 

32. 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.

 

33. 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.

 

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

 

34. 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:

 

35. 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:

 

36. The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)         $15000.00       -           Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

37. The applicant must meet the full cost for Council or 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)         Construct a 1.50m wide concrete footpath along the full site frontage, offset 0.30m from the boundary and any pram ramps required by Council’s AIS Dept.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

38. 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.

 

39. 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.

 

40. 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.

 

41. The driveway opening at the Hendy Ave frontage must be 5.50m metres wide and located at least 1.0 metres clear of the side property.

 

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

 

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

 

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

 

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

 

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

 

44. The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services  have been issued at a prescribed fee of $3,702.00 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

45. The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the issued alignment level.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

46. 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.

 

47. 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.

 

48. 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.

 

49. All electricity and telecommunication cables/wires to service the development site across the road carriageway and/or the Council nature reserve (footpath area) are to be located underground to the satisfaction of the relevant service utility authority

 

50. 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 release of the plan of subdivision.

 

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

 

51. 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)   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.

 

52. 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.

 

53. 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.

 

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

 

55. Stormwater pipes shall be located in accessible locations.

 

56. 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.

 

57. A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage 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.

 

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

 

Notes:-

 

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

 

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

 

59. 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:

 

60. The garbage room areas will have to be designed so as to be able to contain a total of 12 x 240 litre bins (6 garbage bins & 6 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.

 

61. 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.

 

62. 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 satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

63. The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

64. The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the strata subdivision.

 

65. Prior to release of the Plan of Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots.  The certificate is obtained from Sydney Water.

 

66. The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

 

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

 

67. The landscaped areas shown on the concept plan, superlot 1A7, drawing number DA-011A, issue A, job 1515, drawn by PSB Landscape Architects, and dated April 2004 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and be approved by, the certifying authority prior to the issue of a construction certificate. Should Council not be the certifying authority, a copy of the approved plans will still be forwarded to Council for our records. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

d.         Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, lighting details, 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 11 x 75 litre broad canopied trees (not palms), and a minimum number of 22 x 25 litre broad canopied shrubs or small 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, and the shrubs/small trees shall be of a species that can attain a minimum height of 3 metres at maturity.

 

h.         In order to provide reasonable levels of screening and privacy between each dwelling, as well as to soften the appearance of boundary walls and fences, perimeter planting shall be provided around each proposed dwelling using a species that is capable of attaining a minimum height of 3 metres at maturity.

 

i.          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.

 

j.          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.

 

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

 

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

 

68. 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.

 

69. 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.

 

70. 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. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

71. 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.

 

72. In order to visually 'soften' the expanses of hard pavement, brick unit pavers, stenciled concrete (or similar) shall be used throughout the driveway areas on the site. Such details shall be shown on the detailed engineering documentation and shall include all structural design details including pavement/subgrade thickness.

 

Such details shall be in accordance with the relevant Australian Standard and shall be submitted to, and approved by, the Principal Certifying Authority, prior to the issue of the Construction Certificate.

 

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

 

74. 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.

 

75. 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

76. Detailed discussions held between Council and the applicant regarding street tree selection for Stage 1 has resulted in the approved use of Waterhousia floribunda (Weeping Lilly Pilly). As such, the applicant will be required to liaise with Council to ensure that Council’s requirements, such as, but not limited to, planting location, preparation and maintenance for these street trees are met, prior to the issue of a construction certificate.

 

77. The applicant will be required to provide a detailed plan for Council’s approval, showing the agreed species in their agreed locations, together with all other required additional information, prior to the issue of the construction certificate. The applicant shall be responsible for all routine maintenance such as weeding, watering, fertilising, re-staking and replacement of all failed street trees.

 

78. A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $11,000.00 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

 

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

 

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

 

a)         Part D1            -           Provision for escape

b)         Part E1 -           Fire fighting equipment

c)         Part E2 -           Smoke Hazard Management

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

e)         Part F2 -           Sanitary and other facilities

f)          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.

 

2.   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.

 

Advisory Conditions

 

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

 

ATTACHMENT/S:

 

1.   A4 Plans

 

 

 

 

 

………………………………

………………………………

 

DAVID ONGKILI

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

20 August, 2004

FILE NO:

D/0474/2004

 

PROPOSAL:

 Construction of 13 x three-bedroom terrace style dwellings (9 with study rooms), associated basement carparking, landscaping, earthworks and strata-title subdivision.

PROPERTY:

 33 - 149 Bundock Street, Kingsford (Phase 2B)

WARD:

 Central Ward

APPLICANT:

 Mirvac Projects Pty. Limited

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.         EXECUTIVE SUMMARY

 

The application is referred to the Committee as it is valued at $5.642 million.

 

The applicant for the proposed development, Mirvac Projects Pty Limited, proposes to construct 13 three bedroom terrace-style dwellings (9 with study rooms) with associated basement carparking, landscaping, earthworks and strata title sub-division. The proposal comprises Phase 2B of Mirvac’s redevelopment of the portion of the overall Defence development precinct known as Stage 1A which was the subject of sub-division, earth and infrastructure works approved under Development Consent No. 0427/2002.  Mirvac has also lodged another development application for Phase 2A of its redevelopment program (DA No. 384/2004) which is also referred to the Council under a separate report. On 18 November 2003, consent was granted for Phase 1 of Mirvac’s redevelopment (DA 0679/2003) comprising the erection of 34 detached dwelling houses, Torrens-title sub-division, associated earthworks and landscaping, installation of utility services and site establishment works.

 

The subject proposal is consistent with the requirements of the adopted Master Plan for the Defence Site, and complies with the Randwick LEP 1998 controls as well as the controls contained in the DCP – Defence Site Kingsford with the exception of articulation zone and  building zone controls.

 

The proposed building will have a contemporary design that will be complementary to the existing low density dwelling house type development approved and currently under construction in Phase 1 of Mirvac’s redevelopment and will enhance the character of the locality. It will have an external facade treatment comprising a combination of rendered and face brick-work, sandstone, stone-cladding and blockwork interspersed with feature materials for balconies and windows, all of which will enhance the visual quality of the proposal and contribute to the visual amenity of future residential development and public domain in the area.

 

The proposal was also referred to Council’s Interim Design Review Panel. The Panel, whilst noting specific variations from the DCP for the Defence Site Kingsford, concluded that overall the proposal was well designed and acceptable.

 

The proposal would be suitable for the site and would have minimal impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for deferred commencement approval subject to conditions.

 

2.         THE PROPOSAL

 

The proposal primarily is for the erection of 13 three-bedroom terrace-style dwelling houses in Phase 2B of the overall Stage 1A area of the Defence land development precinct in Bundock Street. The proposed terraces will be divided into two building groups on separate blocks of land comprising the northern block located north of Xyris Street and covering allotments designated as Lots 47 to 53, and the southern block located on the southern side of Xyris Street and covering allotments designated as Lot 66 to 71. Each building block will have the following characteristics:

 

Northern Block (Lots 47 to 53)

 

·    7 x 3 bedroom dwellings (5 with study room) 

·    7 x double basement garages with access from the northern side of Xyris Street via an access ramp

 

Southern Block (Lots 66 to 71)

 

·    6 x 3 bedroom dwellings with 4 dwellings having a study room and internal courtyard.

·    6 x double basement garage with access from the southern side of Xyris Street via an access ramp

 

The proposed terraces will be raised approximately 1200mm above street level and setback by a minimum 3m from the street boundary with well-defined entry points. It is proposed to strata sub-divide the proposed development with each lot having a typical width of approximately 6.6m with the exception of end/corner allotments and allotments containing dwellings with central courtyards which will be approximately 7.3m wide. 

 

The dwellings units will all have deep soil rear gardens with a depth of 6m from the rear boundary with the exception of those on Lots 52, 53, 66 and 67 which will have rear terraces located above the access ramp into the respective basement carpark. 

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located in the eastern part of the overall Stage 1A site adjacent to the Randwick Environmental Park. It comprises two blocks of land with frontage to Lomandra Street to the north, Musket Street to the east, and Banksia Avenue to the south. The northern and southern blocks will be divided by Xyris Street.  The subject land will be generally bounded by other land forming part of the overall Stage 1A Defence development precinct to the north and west, and by the Randwick Environmental Park to the east and south.

 

The northern block will have a site area of 1688 sqm and the southern block will be 1556 sqm, resulting in a total site area of 3244 sqm. The land is vacant, having been cleared as part of Commonwealth works, and falls gently east to west.

 

4.         SITE HISTORY

 

On 23 September 2002, Council approved Development Application No. 0427/2002 for sub-division of land known as Stage 1A and associated sub-division and infrastructure works. Prior to this, a Master Plan was adopted on 13 November 2001 for the overall development precinct comprising portions of the Department of Defence site declared as surplus land which in total has an area of approximately 49 ha. The Master Plan details the sub-division and development of the development precinct for primarily residential, open space and community facility purposes, and the establishment of the Randwick Environmental Park. A Section 96 (1A) application was submitted by the applicant on 3 March 2004 to modify Development Consent No. 0427/2003 to replace the originally approved street trees and to reduce the footpath widths of certain roads within Stage 1A. The Section 96 application was approved on 7 July 2004. 

 

In early 2003, Mirvac became successful purchasers of the Stage 1A site and lodged development application No. 067/2003 for the first phase of residential development in the Stage 1A area which was approved on 18 November 2002. The current application is for Phase 2B of the Mirvac’s redevelopment of the overall Stage 1A site. As indicated above, another development application (DA No. 384/2004) has been lodged for Phase 2A which is the subject of a separate report to Council.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised (for a period of 14 days) in accordance with the Local Environmental Plan 1998. The application was also referred to the Moverly Precinct Committee. The following submission was received:

 

F. Harris, PO Box 31, Maroubra (on behalf of the Moverly Precinct Committee)

 

·    Increased traffic from the proposed development will exacerbate traffic situation in the area.

 

·    Traffic analysis in the Master Plan does not adequately address current traffic concerns - Council should conduct a traffic impact study in consultation with local residents.

 

·    Traffic measures proposed under the Master Plan will be inappropriate. 

 

·    Contaminants can potentially be released during construction of the subject phase and Council has not put in place appropriate strategies to protect residents from contamination during construction.

 

·    Lack of information to residents concerning the remediation processes and lack of regulatory control to protect surrounding residents and no details have been provided regarding contaminants from pesticides and how asbestos fibres would be contained during high winds.

 

No submissions in support of the proposed development were received.

 

6.         TECHNICAL OFFICERS’ COMMENTS

 

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

 

6.1       Landscape Comments

 

The Department of Assets and Infrastructure Services advises as follows:

 

“There are no existing trees at this site which are covered by Council’s Tree Preservation Order that will be affected by the proposed development.

 

The applicant is advised to give due consideration to plant selection for this stage of the development in order to ensure a level of continuity is achieved with other stages of the site which are either under construction or those which are to be developed at a later date.”

 

6.2       Drainage Comments

 

The Department of Assets and Infrastructure Services advises as follows:

 

“On site stormwater detention is not required for this development due to the fact that the development site is drained to the Bundock Wetlands.”

 

6.3       Traffic Comments

 

The Department of Assets and Infrastructure Services advises as follows:

 

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

 

The driveway openings at both the Xyris St & Lomandra St frontages must be at least 5.50m metres wide and located at least 1.00 metres clear of the side property boundary.

 

The DPCD Department is advised that no visitor parking spaces have been provided within the site and thus relevant car-washing bay condition has not been included in this report. The applicant has stated that visitor parking is to be provided in the street, as stipulated by Council in the Bundock St DCP. The DPCD Dept is to confirm this prior to issuing development consent.

 

The DPCD Department is to determine whether the internal driveway gradients and carpark layout comply with Council's DCP - Parking. The DPCD Dept is advised that vehicles entering and exiting the double car garage which is adjacent to the driveway entrance off Xyris St may have difficult turning manoeuvres. The DPCD Dept is to determine whether any amendments are required.”

 

6.4       Building and Environmental Health Comments

 

The Environmental Health Services advise as follows:

 

BCA Building Classification

 

·    Class 2            Residential Dwellings

·    Class 7A          Carpark

 

Background

 

The proposal relates to the land that has been rezoned for residential development.  It has been granted Masterplan approval by Council.  Deferred commencement approval was granted on the 23 September, 2002.  The deferred commencement conditions have been satisfied and the consent is active.

 

Key Issues

 

Site audit:

A Site Audit Statement has been received by Council confirming the land is suitable for the intended use.  The NSW Health Department have confirmed, after reviewing the Site Audit Statement and Summary Site Audit Report, that Master Plan condition C44 relating to risks from asbestos in the soil for the proposed residential use has been complied with.

 

Waste:

It is understood issues concerning waste will be dealt with by Council’s Waste Services Section.

 

Noise:                         

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment, such as any mechanical exhaust system serving the basement car park and from other plant and equipment. Conditions should imposed on the consent to address potential noise emissions from the development.

 

Site Management:                                          

No construction site management details have been provided with the DA to address issues such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing. Standard conditions can be included in the consent to address construction site management issues.

 

Building Code of Australia (BCA):    

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

 

Operation of construction hours:      

It is proposed to extend the construction hours on Saturday’s, which sees the potential for an increase in noise disturbance particularly as the proposal is to start working at 7am – 5pm instead of the approved 8am – 5pm. This is supported based on the information provided in section 3.8 of the Statement of Environmental Effects and as such appropriate conditions have been placed for consideration in this report.

 

RECOMMENDATION:

 

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

 

6.6       External Agencies Comments          

 

The proposal is not integrated development and there is no requirement for referral to external agencies.

 

7.    MASTER PLANNING REQUIREMENTS

 

A Master Plan for the Defence site at Bundock Street for residential uses, open space, community facility, streets, and infrastructure in the development precinct was adopted by Council on 13 November 2001 subject to a number of variations and requirements for submission of future development applications. A revised Master Plan incorporating all the required variations was submitted and accepted by Council on 13 May 2002.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1       Randwick Local Environmental Plan 1998

 

The site is zoned Zone 2D – Residential D Comprehensive Development under Randwick LEP 1998 (Amendment No 23) which was gazetted on 9 May 2003. The proposed development will be permissible with Council’s consent under the zoning. The following Clauses of the LEP apply to the proposal:-

 

Randwick Local Environmental Plan 1998 (Amendment No. 23)

Clause No.

Requirement

Provided

Compliance

30A(2) – Max FSR

0.9:1

0.77 : 1 (for combined site comprising northern and southern block)

Yes

30A(3) – Landscape Area

40 per cent of site area

53 per cent of combined site (comprising northern and southern block)

Yes

30A(4) – Max Wall Height

10.5m

8m (parapet wall on Xyris Street)

Yes

30A(4) – Max Building Height

12m

7.2m

Yes

30B(2) – Relevant traffic or transport measures to be met.

A traffic report submitted indicating  road capacity impacts and necessary traffic measures.

Traffic report submitted assessing impacts and measures. Traffic measures already required as condition of consent for Stage 1A (DA 0427/00) and Stage 2&3 (DA 0062/03).

Yes

 

42B – Land is suitably remediated for the intended use

Appropriate  evidence of validation and remediation of land for its intended purpose

An unconditional  Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) of the Stage 1A site have been submitted to and signed-off by Council for the site pursuant to SEPP 55. The SAS states that the remediated land is at an asbestos free/undetectable level as confirmed in writing by NSW Department of Health. 

Yes

 

8.2       Relevant State Environmental Planning Policies

 

State Environmental Planning Policies that are relevant to the proposal are :

 

  State Environmental Planning Policy No. 55

    State Environmental Planning Policy No. 32 – Urban Consolidation

  State Environmental Planning Policy No. 66 – Integrating Land Use and Transport

 

The application of these policies to the proposal is addressed in Section 10 below.

 

9.         POLICY CONTROLS

 

9.1       Development Control Plan – Defence Site Kingsford

 

The proposal complies with all of the controls contained in the DCP – Defence Site Kingsford (adopted on 21 May 2003) with the exception of the following (see Section 10.2.1 below for assessment):

 

Requirement

Proposal

Height

 

Min. ceiling height of 2.7m for all habitable rooms.

 

 

 

2.4m for first floors of all dwellings

Setback

 

Articulation zone = Min. 2.4m along primary frontage (Musket Street)

 

 

Max 12m primary building zone depth

 

 

 

Articulation zone = varies from min.1.2m to max. 2.5m along Banksia Avenue

 

Max building zone depth of 17mm

 

 

9.2 Development Control Plan – Parking

 

The proposal will provide two carparking spaces per dwelling which complies with the numerical requirements of the DCP – Parking.

 

10.       ENVIRONMENTAL ASSESSMENT

 

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

 

10.1   Statutory Controls

 

10.1.1  Randwick Local Environmental Plan 1998

 

The site is zoned Zone 2D – Residential D Comprehensive Development under Randwick LEP 1998 (Amendment No 23) which was gazetted on 9 May 2003. The proposal will be permissible with Council’s consent under the zoning. The proposal complies with all statutory controls applicable to the site under the Randwick LEP 1998.

 

10.1.2 State Environmental Planning Policy No. 55

 

SEPP 55 aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment. Clause 7 of the Policy states that a consent authority must not consent to the carrying out of any development on land unless:

 

(a)        it has considered whether the land is contaminated, and

(b)        if land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out, and

(c)        if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

Pursuant to SEPP 55, an unconditional Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) of the Stage 1A site have been submitted to Council for the site to satisfy the deferred commencement consent for the proposed Stage 1A sub-division under DA No. 0427/2002. The SAS and SSAR indicate that the site is suitable for proposed residential and open space uses. In addition, the SAS and a SSAR have indicated that the Stage 1A site has no unacceptable risk arising from asbestos contamination and this has been confirmed in writing by the NSW Department of Health. In summary, the site as proposed to be developed by Mirvac under the current DA is in a state that is suitable for its intended use.

 

10.1.3  State Environmental Planning Policy No. 32 – Urban Consolidation

 

SEPP 32 aims to promote the development of land by enabling urban land which is no longer required for the purpose for which it currently is zoned or used, to be redeveloped for multi-unit housing and related development, and to implement a policy of urban consolidation where a diverse range of housing types is to be developed in urban localities close to existing transport, employment and community facilities. Clause 7 of SEPP 32 requires Council to implement the aims and objectives of the policy when preparing LEPs.

 

The proposal flows on from the approved sub-division and infrastructure works for the Stage 1A site and forms part of a wider plan for future residential development of the surplus Defence land comprising the Bundock Street development precinct. It is consistent with an adopted Master Plan that will primarily introduce a range of housing types thus increasing the availability of housing in the locality close to existing transport and community facilities.

 

10.1.4  State Environmental Planning Policy No. 66 – Integrating Land Use and Transport

 

SEPP 66 aims to integrate land use and transport to ensure that urban structures, building forms, land use locations, development designs, sub-division and street layouts achieve the following planning objectives:

 

  improved access to housing, jobs and services by walking, cycling and public transport

  increasing the choice of available transport and reducing dependence on cars

  reducing travel demand and distances especially by cars

  supporting the efficient and viable operation of public transport

 

The proposal will result in residential development that will be guided by the adopted Master Plan, DCP – Defence Site Kingsford and Randwick LEP, all of which seek to ensure that land is used efficiently and in close proximity to existing public transport services. The proposal will form part of an overall development of the Defence site that will cumulatively result in a new residential development area that, in terms of its location, density, and design, maximise the catchment of future public transport links. The proposal will be well served by existing bus services especially on Avoca Street and Malabar Road providing ready access to the CBD, and regional and local centres. In addition, the subject site and the other areas of the development precinct will be linked by a comprehensive and efficient network of pedestrian and cycle access ways in line with the provisions of SEPP 66.

 

10.2     Policy Controls

 

10.2.1  Development Control Plan – Defence Site Kingsford

 

As noted in Section above, the proposal does not comply with a number of controls contained in the DCP – Defence Site Kingsford. These non-compliances are discussed below:

 

1.         Building zone depth exceeds max 12m requirement

 

The applicant advises that the building depth control of 12m relates primarily to an apartment-type building whereas the proposal only seeks approval for a terrace-type development. The proposed terraces will have specific solar access and privacy needs that necessitates some variation from the DCP footprint and envelope such that in some areas the proposed terraces step outside the maximum envelope while in other areas the proposal will step well inside the footprint. The applicant advises that notwithstanding this, the overall volume of the proposed development will be significantly less than the allowable maximum.

 

The applicant’s advice is considered acceptable especially given that the objectives of the building depth control have been met in that clearly defined rear garden zones will still be achieved as the increase in building depths do not encroached into the rear setback and there will be no impact on the amenity of existing residential properties and future dwellings in the locality arising from the proposed building depths (see also Section 10.6 below).

 

2.         Articulation zone varies from min. 1.7m to max 3.6m

 

The DCP requires a minimum articulation zone of 2.4m along the Musket Street frontage. The proposal has a variable articulation zone of between min. 1.2m and max 2.5m. The applicant advises that this variation essentially maintains an articulation zone that, in terms of volume, is consistent with the DCP as the reduction in the articulation zones in some areas will be balanced by an increase in other areas. The applicant’s advice is considered acceptable given that the proposed articulation to the Musket Street frontage will adequately break any visual bulk to the buildings and provide visual interest in its façade through the use of bays, balconies, sun control elements and glazing within the proposed articulation zone.

 

4.         Ceiling heights less than 2.7m on first floor

 

The proposed development will have first floor ceiling heights of 2.4m. The applicant has advised that there is no need for consistent 2.7m ceiling heights for first floor bedrooms, bathroom/ensuites and hallways for the following reasons:

 

  The sizes and proportion of all bedrooms (in the first floor levels) are regular rather than long or linear which would suit the proposed 2.4m ceiling heights. Long or linear bedrooms would tend to accentuate low ceiling heights by constricting internal aspect.

 

  Each bedroom offers substantial expanses of glazed area, creating a greater sense of internal bedroom height and space.

 

  Ceiling heights are maximised in all the principal living areas locate on the ground floor levels of each dwelling.

 

The applicant’s rationale for the proposed 2.4m ceiling heights is not considered reasonable in view of the fact that the proposed terrace-style building will be well below the DCP maximum building height control. As such, there is no statutory or physical restraint suppressing the achievement of the required 2.7m ceiling height. More importantly, the 2.7m ceiling height will ensure an appropriate internal amenity for all future dwellings in the Defence development site. In view of this, a condition will be applied requiring the submission of amended plans showing 2.7m ceiling heights for first floor levels in the proposal.

 

10.2.2  Development Control Plan - Parking

 

In providing 2 carspaces for each dwelling house, the proposal will readily comply with the numerical requirements of the DCP – Parking.

 

10.3     Master Plan

 

The Master Plan for the subject site was adopted on 13 November 2001 subject to a number of matters being addressed in a revised Master Plan and subsequent development applications for the subject site. A revised Master Plan consistent with the required amendments was received by Council on 13 May 2002. The current proposal has addressed all Master Plan requirements for the lodgement of development applications which have been incorporated in the current development application.

 

10.4     Urban Design

 

The proposal will comprise two groups of terrace dwellings fronting Musket Street whose layout and characteristics are shaped by the east-west orientation of the allotments. The provision of basement carparking rather than at-grade garages is considered appropriate, eliminating the potentially unsightly effect of garages to the street front and ensuring a more harmonious residential presentation to the street.  

 

The proposed buildings will have a bulk and scale that will not be visually intrusive in, but rather complementary to, the streetscape. The proposed 3m setback and front garden areas to Musket Street as required in the DCP – Defence Site Kingsford will assist in softening the presentation of the building to the street.

 

The architectural design of the proposed terrace houses is considered to be of reasonably good quality and will complement the architectural style of the buildings already approved and under construction in Phase 1 of the Mirvac redevelopment. The proposal is also consistent in design to the Phase 2A terrace development proposed under DA No. 384/2004 which is also currently before Council for consideration.

 

A variety of external building finishes as reflected in a sample board submitted with the application will give expression to the architectural form and visual character of the proposed development. The sample board contains a good balance of natural materials such as stone (for feature walls and letter boxes) and timber (for privacy screens, barges and eaves) and man-made materials such as render, paint and glass to create appropriate articulation and modulation and provide a quality visual interest for the development.  In addition, the facade composition achieves an appropriate balance of vertical and horizontal elements, which provide symmetry to the terrace houses.

 

The proposal has been referred to the Interim Urban Design Review Panel for comments notwithstanding the fact that SEPP 65 does not require the proposal to be referred to the Panel as it is not a residential flat development. The Panel has provided the following comments (which are followed by Council’s comments) in respect of the proposed development:

 

1.   Relationship to the Context of the Proposal

    

The proposal largely follows the site specific DCP. The choice of terrace houses for the park front setting is supported. The consolidation of parking under the buildings with a single driveway width per row is also supported.

           

Council’s comments: The Panel’s assessment is supported.

                       

2.         The Scale of the Proposal

 

The Panel is concerned about the unrelieved two storey scale of the proposal, given that the DCP envisioned a 3 storey scale for the park front housing. Due to its location the roofscape is also heavily overlooked.

 

Council’s comments: In response, the applicant advises that the two storey scale of the proposal is intrinsic to the proposed terrace-style development and is significantly less intrusive than a three storey apartment building in terms of height, bulk and scale. The applicant’s advice is considered acceptable especially given that the proposed two storey format will be relieved by appropriate articulation and modulation in the form of framed bay elements over balconies, sun control devices and metal screens, and rendered feature walls.

 

3.         The Built Form of the Proposal

 

The Panel considered that the type of terrace with the courtyard, although smaller in floor area, is a better style of residence, providing greater amenity, including sun and ventilation.

 

It is suggested that the courtyard housing be followed through the entire strip of terraces.

 

It is considered that some form of individual façade treatment to the terraces would provide for some visual interest to the street.

 

Council’s comments: In response to the Panel’s request for internal courtyards to be provided in all proposed dwellings, the applicant has advised that the central courtyard design is only achievable in terraces with allotments widths of 7.3m. Most of the terraces have a typical lot width of 6.6m which do not lend themselves to internal courtyards.  Notwithstanding this, the use of expansive skylights and double-height void spaces in terraces on smaller allotments, would achieve the same principle of affording daylight to the central spaces.  The applicant’s advice is considered reasonable considering that the applicant has endeavoured to provide for some degree of product differentiation in dwelling design through the provision of the proposed internal courtyards in addition to skylit internal void spaces.

 

In relation to the façade treatment of the proposed development, see comments for point 6 below.

 

4.         The Amenity of the Proposal for its Users

           

            The applicant should consider the incorporation of skylights and clerestory   windows. The applicant should also consider increasing the floor to ceiling heights for the upper level of the terraces. A 2.5m ceiling height should be a minimum and 2.7m would be preferable.

 

Council’s comments: The applicant advises that the proposed terraces will achieve good solar access through wide balconies and other glazed elements so that use of skylights and tall windows is unnecessary. The applicant’s advice is considered acceptable. In relation to ceiling heights, the Panel’s comments are supported and a condition will be applied requiring amended plans to show ceiling heights of 2.7m for the first floor (see Section 10.2.1 above).

 

5.         The Safety and Security Characteristics of the Proposal

 

The proposal is positive in that all dwellings have a direct street address.

 

Council’s comments: The Panel’s assessment is supported.

 

6.         The Aesthetics of the Proposal

 

The expression of individual houses is generally supported. The Panel has concerns regarding the low scale, and would prefer more variation in height and roofscape.

 

Council’s comments: As indicated in point 2 above, the proposed two storey format will be relieved by appropriate articulation and modulation in the form of framed bay elements over balconies, sun control devices and metal screens, and rendered feature walls. The proposal will be broken into two groups to allow for adequate visual interest and variation, so that whilst the proposal will have a flat roof, it will not read as one monotonous builtform.

 

10.5     Site Suitability

 

The subject site is part of the development precinct of the Defence site, which is identified in the Master Plan adopted by Council on 13 November 2001 for residential development, parks, community facility and streets. The proposal is consistent with the layout of the subject area shown in the adopted Master Plan. The proposed development will also occur over land that forms part of the Stage 1A sub-division which was approved by Council under DA No. 0427/2002. A Site Audit Statement, together with a Summary Site Audit Report, have been prepared for the site by a Site Auditor confirming that the soil and groundwater conditions of the site are suitable for the intended residential use. As such, the site is suitable for the proposed development and associated works. The subject site is located in an established urban area surrounded by existing road and services infrastructure, community facilities and open space in the locality.

 

10.6     Impact on adjoining development

 

10.6.1  Overshadowing

 

The applicant has submitted shadow diagrams indicating that, in terms of the overshadowing impacts within the proposed development, the proposal will comply with the solar access requirements for 1 and 2 storey developments of the DCP – Defence Site Kingsford as follows:

 

·    The principal living room is to have at least 2 hours sunlight reaching 2 sqm of glazing to that room between 9.00am and 3.00pm on June 21

 

·    Sunlight is to be available to the principal area of ground level private open space for at least 2 hours between 9.00am and 3.00pm on June 21

 

The shadow diagrams for the winter solstice show that in the winter morning, the proposal will mainly overshadow the rear yards of the proposed terrace and part of the rear yard of the adjoining terrace dwelling to the west proposed in Phase 2A under DA No. 384/2004. By winter noon these rear yards will be free of overshadowing from the proposed development with overshadowing falling mainly onto Xyris Street and Banksia Avenue. By 3.00 pm in winter overshadowing will occur predominantly on Musket Street. In addition, the location of the proposed development approximately 30m away from the Randwick Environmental Park will ensure minimal overshadowing of this open space.

10.6.2  Overlooking

 

The proposal will have living rooms and family rooms on the ground floor and bedrooms on the first floor. As such, there will be minimal overlooking of the adjoining residential properties and their rear yards to the west. First floor balconies proposed on the east elevation will pose little overlooking concerns as they are linked to bedrooms and face Musket Street and the Randwick Environmental Park beyond.

 

10.6.3  Loss of views

 

There are some district views currently enjoyed across the subject site from south-facing dwelling houses on the northern side of Bundock Street. The proposal may potentially result in some loss of district views to these dwellings. However, the loss is not considered significant and will be minimised by the low-scaled nature of the proposed development and its location well within the Bundock Street Defence site at the eastern end.

 

10.7     Flora and Fauna

 

Section 5A of the Environment Planning & Assessment Act 1979 requires an eight-part test to be undertaken where threatened items or habitats are likely to be detrimentally affected by development.

 

In line with the approach taken in the earlier development application (DA No. 0679/2003) for Phase 1 of the Mirvac redevelopment, the applicant has provided advice from Dr Kevin Mills who prepared and submitted an earlier eight-part test for the overall Stage 1A site with the approved development application (No. 0427/2002) for the site. Dr Mills advises that the flora and fauna report for the Stage 1A land prepared in May 2002 addressed all matters relating to the potential impact of developing Stage 1A and was supported by the eight-part test prepared for the site in accordance with Section 5A of the Environment Planning & Assessment Act 1979. Dr Mills further advises that the eight-part test for Stage 1A holds true for the currently proposed development in Phase 2A. Accordingly, the applicant’s submission of the eight-part test prepared by Dr Mills for the Stage 1A land can be accepted as meeting the requirements of Section 5A of the Act. As such, the current residential development is not likely to have any significant adverse effect primarily because there are no threatened species, populations or ecological communities listed under the Threatened Species Conservation Act 1995 in the subject site. Council’s Bushland Management Section has applied a separate 8-part test to the proposed development in accordance with Section 5A of the Environmental Protection and Assessment Act 1979 and confirms that the proposed development would not have any significant adverse effect due to the absence of any threatened items in the site.

 

The applicant has also included a Section on flora and fauna in the Statement of Environmental Effects that emphasises that the site is currently the subject of Department of Defence’s demolition and earth works such that there is no significant vegetation and/or native fauna on-site. This finding is consistent with the fact that the Defence site is the subject of Commonwealth Works vegetation clearing in Stage 1A. Notwithstanding this, a condition to protect any wild-life that may wander into the subject site from the neighbouring Randwick Environmental Park and elsewhere will be applied essentially requiring the applicant to prepare appropriate wild-life management strategies for the subject site.

 

10.8     Landscaping and Open Space

 

Landscape concept plans have been submitted by the applicant. The Statement of Environmental Effects states that the proposed landscape treatment will respond to urban terraced composition of the proposal by integrating with the proposed architecture to off-set the continuity of builtform in the streetscape. The landscape treatment will also create an appropriate interface with the Randwick Environmental Park. And will be based on the following principles:

 

  Plant material selected to respond to prevailing microclimatic conditions and low water requirements once established.

 

  Use of native species in streetscape and public areas.

 

  Use of large regularly spaced trees to establish a rhythm in streetscape

 

  Install smaller scale tree “couples” at front of each dwelling to support rhythm of larger street trees and to soften the vertical scale of dwellings.

 

  Landscape area to each dwelling to include between 1 and 3 trees capable of reaching 12m mature height.

 

  Use of deciduous tree species to increase solar advantage in summer/winter

 

  Use of some evergreen species to provide shade and shelter and constant “green” landscape

 

  Front edge of gardens to be defined by a “living fence” or hedge, become a continuous element in the streetscape and assist in unifying neighbourhood character.

 

  Plant species to be selected to provide adequate levels of safety and surveillance of streets and pedestrian areas.

 

  Landscaped areas to be contoured to encourage infiltration of stormwater run-off

 

  Provision of 5000 lt rainwater tanks to each dwelling to enable use of this water in the garden 

 

  Use of porous paving to encourage permeability

 

Overall, the landscaping design is considered acceptable and will provide a good quality landscape treatment to complement the architectural design of the proposed development.

 

10.9     Ecologically Sustainable Development

 

In line with the Local Government Amendment (Ecologically Sustainable Development) Act 1997, Council requires appropriate consideration to be given to the principles of Ecologically Sustainable Development in the assessment of development applications.

 

The development application has been accompanied by a NatHERS assessment which indicates that based on appropriate modelling the proposed development will achieve in excess of a 4 star energy rating. Accordingly, a NatHERS compliance certificate has been issued for the proposed development by a qualified certifier. 

 

The proposal will essentially be single-loaded dwellings on each of the proposed building blocks to ensure direct cross-ventilation. In addition, the proposed development will incorporate the following ESD features which are in accordance with the ESD provisions of the adopted Master Plan and the DCP – Defence Site Kingsford:

 

·    Roof areas on each dwelling to be suitable for the installation of photovoltaic cells

 

·    Stormwater retention water tanks of 5000 litres capacity to be installed with filtration system and pump allowing rainwater re-use in toilet flushing, cloths washing and plant watering.

 

·    Maximise natural cross ventilation including the positioning of stairwells to achieve stack effect to enhance natural ventilation.

 

·    Passive solar design principles of maximising north-facing glazing and minimising areas of south-facing glass.

 

·    Use of high thermal mass materials including bricks, concrete and stone

 

·    Gas boosted solar hot water systems to be installed and provision of gas heating outlets to all living areas

 

·    Provision of external clothes drying areas

 

·    Use of dimmers on lighting in living areas and motion detectors for external entrances

 

Accordingly, the proposal is considered appropriate in terms of ESD principles and is consistent with the requirements of the adopted Master Plan and Local Government Amendment (Ecologically Sustainable Development) Act 1997.

 

10.10   Construction Management

 

A construction management plan has been submitted with the application, which has been assessed by Council’s Environmental Health Officer and found to be adequate subject to additional environmental conditions to augment the construction management plan. In addition, the applicant advises that access for all construction traffic will be from Bundock Street which is the main public road adjoining the subject site.

 

10.11   Site Remediation

 

The adopted Master Plan requires that the subject site and the overall land comprising the development precinct be remediated to the maximum standard for residential and other sensitive land uses applicable under the relevant State and Commonwealth legislation and guidelines, and in the case of asbestos or other contaminants where no adopted standards exists the site is to be remediated to an asbestos free level or to a level where no unacceptable health risk remains as confirmed in writing by the relevant State and/or Commonwealth Government Authority.

 

Accordingly, in determining Development Application No. 0427/2002 for the sub-division and associated infrastructure works for Stage 1A, Council issued a Deferred Commencement Consent with a deferred commencement condition requiring the submission to Council of a Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998. The site audit statement was required to be unconditional and to cover both land and groundwater. In addition, the Site Audit Statement was required to clearly state that in the case of asbestos, where no standard exists, the remediated land is at an asbestos free/undetectable level or to a level where no unacceptable health risk remains as confirmed in writing by NSW Department of Health.  The entire site was required to be remediated to not less than the National Environmental Health Forum’s health based soil investigation level (NEHF A) standard, with the exception of open space, which was required to be remediated to not less than (NEHF E) standard (which is the remediation standard for open space).

 

On 15 November 2002, the applicant’s Site Auditor, Mr Ross McFarlane, provided Council with a Site Audit Statement indicating that the Stage 1A site was not subject to any asbestos fibre concerns and that the site is suitable for the land-uses nominated. Accordingly, the requirement of the deferred commencement consent has been met and the use of the site for the subject proposal can proceed should approval be granted.

 

10.12   Traffic and access

 

The applicant has provided a traffic report undertaken by Colston Budd Hunt and Kafes. The report states that the combined estimated peak hour generation for second phase of the Mirvac redevelopment (that is, for both the subject proposal, being Phase 2B, and the proposal under DA No. 384/2004 being Phase 2A of the Mirvac redevelopment) will be 20 vehicles per hour two-way. This is considered a low generation, equivalent to an average of only one vehicle per 3 minutes.

 

Concern has been raised by local residents that increased traffic from the proposed development will exacerbate traffic situation in the area. The traffic report estimates the total peak hour generation rate for the overall Stage 1A site (that is the combined estimated traffic generation for the approved Phase 1 (DA No 679/2003), current Phases 2A (DA 384/2004) and 2B (DA 474/2004) and the future Phase 3) will be approximately 70 vehicles per hour two-way during peak periods. This total traffic generation rate will in fact be lower than that predicted in the approved Master Plan by Traffix Pty. Limited which was estimated at 86 vehicles per hour two-way during the morning and afternoon peak hour periods. Furthermore, the proposed access via Hendy Street is also in accordance with the access arrangements for Stage 1A adopted in the Master Plan. The intersection of Hendy Street and Bundock Street will be formalised into a four-way priority controlled unsignalised intersection. Council’s Department of Assets and Infrastructure Services advises that traffic facility and management had been dealt with adequately in the Stage 1A development application approval (DA No. 0427/2002), which would cover the traffic needs of the current proposal. Accordingly, additional traffic facility/management conditions are not required for the subject application.

 

10.13   Social Impact

 

It is considered that the proposal will increase the availability of housing and promote the objectives of the zone as well as the urban consolidation principles contained in SEPP 32. The effect of the proposal would be to bring more people to the site resulting in a new community likely to include young families, “empty nester” household, and share households. The added population will generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities into the area. The increase in density is not considered to generate an unreasonable demand on the availability of services, especially given that the overall development precinct will have a multi-purpose community centre in the future and a range of passive and recreational open-spaces, all constructed and provided by the Department of Defence. It should be noted that the provision of the community centre and open space areas are in accordance with Council’s Section 94 Contributions Plans for the subject site and overall development precinct.

 

10.14   Resident Submissions

 

The majority of issues raised by residents have been adequately addressed in the assessment above. Additional concerns raised by residents are addressed as follows:

 

1.   Traffic analysis in the Master Plan does not adequately address current traffic concerns - Council should conduct a traffic impact study in consultation with local residents.

 

The traffic analysis undertaken by Colston Budd Hunt and Kafes for the subject proposal is considered adequate and has appropriately incorporated an analysis of the cumulative impacts arising from the overall development of the Stage 1A master plan site (see Section above). Council’s Traffic Engineer has raised no objection to the traffic analysis. The preparation of the approved Master Plan for the Defence site and its traffic component involved a comprehensive process of community and stake-holder consultations. Given that the estimated total traffic generation from Mirvac’s redevelopment of the Stage 1A master plan site will be lower than that estimated in the Master Plan, a new traffic analysis is not warranted.

 

Council’s Traffic Engineer advises that there has been no evidence to suggest a high degree of traffic concerns in Bundock Street currently than that to be expected from the predicted number of car trips from the proposed development bearing in mind the following:

 

  the predicted cumulative level of traffic generation is within the established traffic generation threshold

 

  the combined traffic volumes using the Oval Avenue and Hendy Street access is expected to reduce in the future pending the construction of the main access further west directly onto Avoca Street at a later date.

 

  the additional traffic generation from all approved Master Plan stages adjoining Bundock Street (that is, Stages 1A, 2 and 3) and the Community Centre development will be relatively moderate as the proposal predominantly will comprise residential development, which has much lower traffic generation rates than commercial and retail uses.

 

2.   Traffic measures proposed under the Master Plan will be inappropriate. 

 

The Master Plan Traffic Assessment undertaken by Traffix Pty. Limited advised that all roads and intersections in the Master Plan will be designed in accordance with Austroads Guidelines and Amcord Guidelines to ensure safe and efficient traffic movement. In addition, the DCP – Defence Site Kingsford requires the introduction of a range of off-site traffic management improvements on adjoining and surrounding roads which are to be implemented commensurate with the development of each stage within the development precinct. A range of traffic calming devices will be required along Bundock Street, specifically at the intersection of Oval Avenue and Bundock Street, which will include pedestrian refuges and mid-block traffic devices. The design of the roads and installation of traffic calming measures on Bundock Street will assist in reducing the potential for accidents and injury and damage to property. Furthermore, a condition has been applied under Development Consents No. 0427/2002 (for the sub-division and infrastructure for Stage 1A of the Master Plan) and No. 062/2003 (for the sub-division and infrastructure for Stages 2 and 3 of the Master Plan) requiring the Department of Defence as the Commonwealth to enter into a deed with Council to ensure the installation of the off-site traffic works associated with the proposed development.

 

3.   Contaminants can potentially be released during construction of the subject phase and Council has not put in place appropriate strategies to protect residents from contamination during construction.

 

A condition has been applied in the previous approval for the Stage 1A development (DA No. 0427/2002) for the appointment of an Environmental/Community Liaison Officer to ensure strict compliance with all conditions of consent and in particular to ensure all works comply with relevant provisions of the Protection of the Environment Operations Act 1997. The officer would also act as a liaison and first point of contact with the community to act on any complaints arising. Accordingly, an Officer has been appointed and attends the Stage 1A site regularly to monitor the earthworks currently being undertaken onsite. The officer has prepared monthly summary reports, which have been submitted to Council, detailing any complaints and the rectification actions. To date these summary reports do not indicate any incidence of dust pollution off-site. Any resident concerns regarding dust generation can be raised with the Environmental/Community Liaison Officer directly whose details are published regularly in the Department of Defences newsletter, which is distributed to all residents in the surrounding area. Alternatively, the residents can contact Council’s compliance officers directly regarding any amenity issues arising from earthworks on the site.

 

4.   Lack of information to residents concerning the remediation processes and lack of regulatory control to protect surrounding residents and no details have been provided regarding contaminants from pesticides and how asbestos fibres would be contained during high winds.

 

The remediation of the site constitutes Commonwealth Works and is not subject to Council’s consent. Notwithstanding this, there was extensive consultation and dissemination of information concerning the testing, monitoring and remediation of contaminants in the Stage 1A site during both the Master Plan and development application processes because Council required that all land within the subject site and the wider development precinct be remediated to a level where it would be asbestos free or to a level where no unacceptable risks remains for the intended use in accordance with the provisions of SEPP 55 and the Contaminated Land Management Act. On 15 November 2002, the applicant’s Site Auditor, Mr Ross McFarlane, provided Council with a Site Audit Statement indicating that the Stage 1A site was not subject to any asbestos fibre concerns and that the site is suitable for the proposed residential land-use. This has been confirmed in writing by the NSW Department of Health. 

 

11     CONCLUSION

 

The proposal is a permissible use in the Residential 2D zone applicable to the site under Randwick LEP 1998. The application is also consistent with the provisions of the Master Plan as adopted on 13 November 2001.

 

The proposal complies with all the statutory controls contained in the Randwick LEP 1998.

 

The proposal also complies with the controls contained in the DCP – Defence Site Kingsford with the exception of those relating to articulation zones, building depth, and ceiling heights. These non-compliances have been assessed and all found to be justified with the exception of ceiling heights. A condition will be applied requiring compliance with the ceiling height control should approval be granted. 

 

The proposed development is not considered to give rise to adverse detrimental impacts on surrounding developments. Visually, the proposal will be well-designed with a bulk, scale and height that will complement the existing streetscape and locality.

 

The application is recommended for approval subject to conditions.

 

12.       RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 474/2004 for construction of 13 three bedroom terrace-style dwellings (9 with study rooms) with associated basement carparking, landscaping, earthworks and strata title sub-division at 33 – 149, Bundock Street, Kingsford, subject to the following conditions:-

 

REFERENCED PLANS:

 

1.   The Development must be implemented substantially in accordance with the plans numbered DA 001B Issue A, DA 002B Issue A, DA 003B Issue A, DA 004B Issue A, DA 005B Issue A,  DA 006B Issue A,  DA 007B Issue A, DA 008B Issue A, DA 009B Issue A, and DA 010B Issue A, dated received by Council on 16 June 2004 and 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 external colours, materials and finishes of the proposed development and the landscaping plans shall be in accordance with the sample board details and elevations prepared by HPA Architects, Planners & Interior Designers submitted to and received by Council on 8 June 2004.

 

3.   The floor to ceiling height of all first floor levels of the subject development shall be 2.7m high. The submission plans are to be amended accordingly, prior to the issuing of the construction certificate.

 

4.   The applicant shall prepare a wild-life management plan containing appropriate measures and procedures for treating any wildlife that may be affected by the proposed development or that may wander into the site from the neighbouring Randwick Environmental Park and elsewhere, and these provisions shall form part of induction points for workers and staff on-site. The induction points shall include contact details of WIRES for rescue and retrieval. Details are to be submitted to Council for approval, prior to the issuing of the construction certificate.

 

5.   Appropriate turning templates for carparking spaces in the carpark and any other supporting information shall be submitted to Council for approval demonstrating that there will be adequate turning area for cars to access parking spaces from the proposed aisles and exit/enter the site in a forward direction, prior to issuing of the construction certificate.

 

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

 

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

 

7.   The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of Planning & Community Development, prior to the commencement of works.

 

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

8.   Upon completion of the development and prior to the issuing of the strata subdivision, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

Details of critical stage inspections carried out by or on behalf of the principal certifying authority together with any certification relied upon and the occupation certificate for the building must also be provided to Council prior to approval of the strata subdivision plans.

 

9.   The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an occupation certificate or release of the subdivision linen plan, as applicable.

 

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:

 

10. 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 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).

 

11. 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.

 

12. The operation of air conditioning unit/s is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the air conditioning unit/s shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

·          Before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·          Before 7.00am or after 10.00pm on any other day.

 

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:

 

13. 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.

 

14. All building, construction and associated site works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Saturday 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.

 

15. The use of any rock excavation machinery or any mechanical pile drivers, concrete pumping, compactors, pneumatic hammering plant and backhoes is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

16. 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.

 

17. Details of compliance are to be provided in the relevant documentation for the construction certificate.

 

18. The basement car park shall be ventilated in accordance with the Building Code of Australia, Australian Standard 1668 parts 1 and 2.

 

19. The location, height and design of the mechanical ventilation system serving must satisfy the Building code of Australia, Australian Standard 1668 parts 1 and 2.

 

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

 

20. 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.

 

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

 

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

 

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

 

24. Prior to the commencement of any building 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.

 

25. 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.

 

26. 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”.

 

27. 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.

 

28. 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.

 

29. 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.

 

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

 

30. 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.

 

31. Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a       construction certificate, which demonstrates that damage should not occur to             any adjoining premises and public place as a result of the works.

 

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

 

32. 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.

 

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:

 

33. A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

34. 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.

 

35. 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.

 

36. 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.

 

37. 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.

 

38. Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

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

 

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

 

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

 

40. 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”.

 

 

41. Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·        location of site storage areas/sheds/equipment;

·        location of building materials for construction;

·        provisions for public safety;

·        dust control measures;

·        site access location and construction

·        details of methods of disposal of demolition materials;

·        protective measures for tree preservation;

·        provisions for temporary sanitary facilities;

·        location and size of waste containers/bulk bins;

·        details of proposed sediment and erosion control measures;

·        construction noise and vibration management.

 

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

 

46. 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.

 

47. 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.

 

48. 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.

 

49. 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.

 

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

 

50. The building is required to be provided with a smoke alarm system complying with         Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia 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.

 

Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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:

 

51. 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:

 

52. The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)         $30000.00       -           Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

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

 

a)   Construct a heavy-duty concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the site.

 

b)   Construct a 1.50m wide concrete footpath along the full site frontages, offset 0.30m from the boundary and any pram ramps required by Council’s AIS Dept.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

54. 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.

 

55. 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.

 

56. 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.

 

57. The driveway openings at both the Xyris St & Lomandra St frontages frontage must be at least 5.50m metres wide and located at least 1.00 metres clear of the side property boundary. Plans submitted for the construction certificate are to show compliance with this condition.

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

 

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

 

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

 

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

 

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

 

60. The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $7,448.00 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

61. The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the issued alignment level.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

62. 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.

 

63. 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.

 

64. 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.

 

65. All electricity and telecommunication cables/wires to service the development site across the road carriageway and/or the Council nature reserve (footpath area) are to be located underground to the satisfaction of the relevant service utility authority

 

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

 

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

 

The 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 release of the plan of subdivision.

 

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

 

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

 

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

 

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

 

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

 

d)         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.

 

68. 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.

 

69. 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.

 

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

 

71. Stormwater pipes shall be located in accessible locations.

 

72. 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.

 

73. A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage 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.

 

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

 

Notes:-

 

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

 

75. 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:

 

Lots 47-53

76. The garbage room areas will have to be designed so as to be able to contain a total of 14 x 240 litre bins (7 garbage bins & 7 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.

 

Lots 66-71

77. The garbage room areas will have to be designed so as to be able to contain a total of 12 x 240 litre bins (6 garbage bins & 6 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.

 

78. 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.

 

79. 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 satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

80. The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

81. The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the strata subdivision.

 

82. Prior to release of the Plan of Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots.  The certificate is obtained from Sydney Water.

 

83. The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

 

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

 

84. The landscaped areas shown on the concept plan, drawing number DA-017A, issue A, job 1515, drawn by PSB Landscape Architects, and dated April 2004 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and be approved by, the certifying authority prior to the issue of a construction certificate. Should Council not be the certifying authority, a copy of the approved plans will still be forwarded to Council for our records. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

d.         Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, lighting details, 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 13 x 75 litre broad canopied trees (not palms), and a minimum number of 26 x 25 litre broad canopied shrubs or small 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, and the shrubs/small trees shall be of a species that can attain a minimum height of 3 metres at maturity.

 

h.         In order to provide reasonable levels of screening and privacy between each dwelling, as well as to soften the appearance of boundary walls and fences, perimeter planting shall be provided around each proposed dwelling using a species that is capable of attaining a minimum height of 3 metres at maturity.

 

i.          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.

 

j.          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.

 

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

 

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

 

85. 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.

 

86. 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.

 

87. 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.

 

88. 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.

 

89. 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. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

90. 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.

 

91. In order to visually 'soften' the expanses of hard pavement, brick unit pavers, stenciled concrete (or similar) shall be used throughout the driveway areas on the site. Such details shall be shown on the detailed engineering documentation and shall include all structural design details including pavement/subgrade thickness.

 

Such details shall be in accordance with the relevant Australian Standard and shall be submitted to, and approved by, the Principal Certifying Authority, prior to the issue of the Construction Certificate.

 

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

 

93. 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.

 

94. 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

 

95. Detailed discussions held between Council and the applicant regarding street tree selection for Stage 1 has resulted in the approved use of Waterhousia floribunda (Weeping Lilly Pilly). As such, the applicant will be required to liase with Council to ensure that Council’s requirements, such as, but not limited to, planting location, preparation and maintenance for these street trees are met, prior to the issue of a construction certificate.

 

96. The applicant will be required to provide a detailed plan for Council’s approval, showing the agreed species in their agreed locations, together with all other required additional information, prior to the issue of the construction certificate. The applicant shall be responsible for all routine maintenance such as weeding, watering, fertilising, re-staking and replacement of all failed street trees.

 

97. A refundable deposit in the form of cash or cheque or bank guarantee for the amount of $13,000.00 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 Conditions

 

1.   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.

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1                      -       Structural provisions

b)       Part C2                      -       Compartmentation and separation

c)       Part C3                      -       Protection of openings

d)       Clause D1.4               -       Exit travel distances

e)       Part E1                       -       Fire fighting equipment

f)        Part E2                       -       Smoke Hazard Management

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

h)       Part F1                       -       Damp and weatherproofing

i)        Part F2                       -       Sanitary and other facilities

            j)        Part F4                       -       Light and ventilation

k)       Part F5                       -       Sound Transmission and Insulation

 

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

 

You are therefore advised to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

2.   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.

 

ATTACHMENT/S:

 

1.   A4 Attachments

 

 

 

 

 

………………………………

………………………………

 

DAVID ONGKILI

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

25 August, 2004

FILE NO:

DA-576/2004

 

PROPOSAL:

 This application is for the demolition of the existing building and the construction of a new multi-unit housing development containing four(4) x three (3) bedroom apartments, parking for 6 vehicles and strata subdivision.

PROPERTY:

 126 Marine Parade, Maroubra

WARD:

 Central Ward

APPLICANT:

 Mr and Mrs Selia

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The application proposes the demolition of the existing three storey residential flat building on the site and then construction of a new multi-unit housing building containing four (4) new dwellings. The main issues for consideration are the non-compliance of the proposal with Council’s standards for overall height, wall height, FSR and landscaped area standards. The design of the proposal is innovative and is the product of three discussions with Council’s Design Review Panel. The proposal is considered to be of high quality design.

 

The recommendation is for approval, subject to conditions.

 

2.    THE PROPOSAL

 

It is proposed to demolish the existing, derelict three storey residential flat building (6 x 2 bed units) on the site to provide 4 x 3 bedroom units and associated parking for 6 vehicles.

 

The proposed building has been designed in two ‘parts’, a solid western ‘part’ containing services bed and bathrooms and a lighter eastern ‘part’ containing living areas which maximise the view. This configuration maximises the northerly aspect to the living areas. The dominant feature of the scheme is the eastern elevation (facing Marine Parade) that is comprised of a curved, louvred screen that ‘wraps’ the building from first floor level over the roof. The ground floor level of the building and street level parking form a solid base for the screen, which is constructed, of aluminium louvres on a steel frame.