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

 

 

5th October, 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,

12TH OCTOBER, 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 28TH SEPTEMBER, 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, 7TH SEPTEMBER, 2004.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Mayoral Minutes

 

6           Development Applications

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 80/2004 - 3 AVOCA STREET, RANDWICK(DEFERRED.)

2

 

6.2                        

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

30

 


 

6.3                      

DEVELOPMENT APPLICATION REPORT - AVONMORE TERRACE, 34 THE AVENUE, RANDWICK

88

 

6.4                      

DEVELOPMENT APPLICATION REPORT - 1250 ANZAC PDE MALABAR.

94

 

6.5                      

DEVELOPMENT APPLICATION REPORT - 89-91 BOYCE ROAD, MAROUBRA.

121

 

6.6                      

DEVELOPMENT APPLICATION REPORT - 214-238 ANZAC PARADE, KENSINGTON.

125

 

6.7                      

DEVELOPMENT APPLICATION REPORT - 22 MINNEAPOLIS CRESCENT, MAROUBRA.

149

 

6.8                      

DEVELOPMENT APPLICATION REPORT - 19 BALFOUR ROAD, KENSINGTON.

205

 

6.9                      

DEVELOPMENT APPLICATION REPORT - 16 HOLMES STREET, KINGSFORD.

209

 

6.10                      

DEVELOPMENT APPLICATION REPORT - 147 AVOCA STREET, RANDWICK.

216

 

6.11                      

DEVELOPMENT APPLICATION REPORT - 1 MONMOUTH STREET, RANDWICK.

237

 

 

7           Miscellaneous

 

7.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 81/2004 - SECTION 54 REPORT TO AMEND THE RANDWICK LEP 1998 - CLAUSE 36 AND OTHER MINOR CORRECTIONS.

248

 

 

8           General Business

 

9           Notice of Rescission Motions

 

 

 

 

 

……………………………..

ACTING GENERAL MANAGER


 

Director Planning & Community Development's Report 80/2004

 

 

SUBJECT:

3 Avoca Street, Randwick

 

 

DATE:

7 September, 2004

FILE NO:

D/0049/2004

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT 

 

 

INTRODUCTION:

 

The Health, Building and Planning Committee at its meeting held on 10 August 2004, considered a Development Application for the demolition of an existing single garage and erection of a new double garage to the rear of the subject site when it was resolved:

 

that this application be deferred to allow for discussions between the applicant and Council Officers to come up with plans that are more compatible with the surroundings of the proposed development.”

 

In accordance with the above resolution, a meeting with the applicant and the applicant’s architect was held at the subject site on 19 August 2004 and the issues in relation to the non-compliance with the provisions of Development Control Plan for Dwelling Houses and Attached Dual Occupancies in terms of landscaping & open space; floor area; height, form & materials; building setbacks; garages, driveways & carparking were discussed. As a result, the applicant has amended the proposal to incorporate a tandem garage with a skillion roof and  partly opened southern side wall, new masonry fence and gate of 1.8m in height and a new timber deck incorporated with an in-ground spa.

 

COMMUNITY CONSULTATION:

 

The owners of the adjoining properties were notified of the amended proposal on 24 August 2004.  As a result of this notification, no submissions were received.

 

ISSUES:

 

The amended proposal has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, and the following issues warrant comment:

 

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

Landscaping

 

The objectives and performance requirements of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced, dwellings are provided with usable outdoor recreation area, storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

Preferred solutions include that a minimum of 40% of the total site area is provided as landscape area and half of which should be soft permeable landscaping.

 

Upon completion of the proposed works, a total of approximately 45% of the site area is available as landscaped area and majority of this is either soft landscaping in the form of lawn and garden areas or has a permeable treatment, which complies with the preferred solutions.  

 

Floor Area

 

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

 

The preferred solution indicates that the maximum floor space ratio for a site area of 297 sqm is 0.65:1 (193sqm).  The gross floor area of the proposed garage is 38sqm and the proposed deck will not be elevated and therefore the area of these structures are not included in the total gross floor area of the site.  The proposal will therefore not alter the floor space ratio of the existing development on the site. 

 

Height, Form & Materials

 

The objectives of the DCP are that developments should not be excessive in height and scale and are compatible with the existing character of the locality, and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

The relevant performance requirements are that the height of buildings should relate to those in the existing streetscape and buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets.

 

The proposed garage is to be a single storey structure with a skillion roof. The southern wall of the garage consists of a 1.8m high masonry wall with a gap of 600mm above (i.e. an overall height of 2.4m to the eave/gutter of the roof), the top part of that wall will be open, in order to reduce the visual bulk of the wall and the overshadowing impact on the neighbour property at 5 Avoca Street. The proposed garage as amended is considered to be acceptable and should not result in any significant additional adverse impact on the amenity of the adjoining neighbours in terms of the height and overshadowing impacts.

 Building Setbacks

 

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

 

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

 

It is acknowledged that the existing garage has a setback of 100mm to 500mm from the southern side boundary and nil setbacks to the rear boundary.  The proposed garage will be built along the southern side boundary, which does not comply with the preferred solutions of the DCP. Given the height of the southern wall of the garage has been reduced and is unlikely to result in any significant additional impact upon the amenity of the adjoining neighbour at 5 Avoca Street, the proposal is considered to be acceptable.

 

Garages & Driveways

 

The objectives and performance requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the streetscape, and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment and garages & carport to a rear land are setback at least 1m to improve pedestrian visibility.

 

The proposed garage will utilise the existing driveway and has the dimensions of 3m x 11.3m, which complies with the preferred solutions of the DCP.

 

CONCLUSION:

 

It is considered that the design of the proposed garage represents a vast improvement on the previous proposal and for the most part, the proposed development complies with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies. Where compliance with the preferred solutions has not been achieved, the proposal is considered to satisfy the objectives and performance requirements. Having regard to all relevant matters for consideration, the proposal should not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the locality.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 0049/04 for the demolition of an existing garage and erection of a new tandem garage to the rear of the site at 3 Avoca Street, Randwick, subject to the following conditions: -

                                                                                                           

1          The development must be implemented substantially in accordance with the amended plans, unnumbered, undated and received by Council on 24 August and 7 September 2004, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3          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.

 

4          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.

 

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

 

5          Surface water/stormwater must be drained and discharged to the street gutter or a suitably designed absorption pit and details are to be included in the construction certificate details for the development.

 

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

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council’s Director of Planning & Community Development prior to commencement of works.

 

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

 

6          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.

 

7          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.

 

8          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.

 

9          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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

11        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.

 

12        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.

 

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:

 

13        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.

 

14        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.

 

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

 

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

 

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

 

16        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.

17        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.

 

18        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.

 

19        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.

 

20        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.

 

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

 

22        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.

 

23        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.

 

24        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.

 

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

 

25        For the purposes of section 20 of the Act, the prescribed standards in accordance with which access to the water in a spa pool is to be restricted are that the spa pool must be covered or secured by a child-safe structure (such as a door, lid, grille or mesh) that is fastened to the spa pool by a child-resistant device, at all times when the spa pool is not in actual use.

 

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

 

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

 

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

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

 

Traffic conditions/Civil Works Conditions

 

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

 

27        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.

 

28        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.

 

Alignment Level Conditions

 

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

 

29        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:

 

·    20mm above the back of the concrete footpath at all points opposite the kerb in Centennial Avenue

 

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

 

The design alignment level at the property boundary must be strictly adhered to.

 

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

 

31        The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $88.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

32        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.

 

33        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.

Landscape Conditions

 

34        That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

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.

 

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

 

Tree Protection Measures

 

36        In order to ensure the retention of the Ficus microcarpa var. Hillii (Hills Weeping Fig) located on Council’s nature strip in Centennial Avenue, at the rear of the property in good health, the following measures are to be undertaken:

 

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

 

b.         The tree is to be physically protected by the installation of protective fencing (or a similar approved alternative) around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1 metre from the outside edge of the tree trunk.

 

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

 

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

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

d.         Any excavations required for footings, structures, concrete etc within 6 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

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

 

f.          A refundable deposit in the form of cash or cheque of $990.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

1

 

Ficus microcarpa var. Hillii (Hills Weeping Fig)

 

$990.00

 

 

 

TOTAL

 

$990.00

 

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

 

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

 

37        In order to ensure the retention of the Callitris rhomboidea (Port Jackson Cypress) tree located in the rear yard of the adjoining property to the north, 1 Avoca Street, close to the common boundary in good health, the following measures are to be undertaken:

 

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

 

b.         Any excavations required for footings, structures, etc within 2 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

Advisory Conditions

 

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 amended plans

Director of Planning & Community Development's report dated 28 July 2004   

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

28 July, 2004

FILE NO:

D/0049/2004

 

PROPOSAL:

 Demolition of an existing single garage and erection of a new double garage to the rear of the site.

PROPERTY:

 3 Avoca Street, Randwick

WARD:

 North Ward

APPLICANT:

 Tom Casey

 

 

 

 

 

 

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, Chris Bastic, Anthony Andrews and Paul Tracey.

 

The application details the erection of a new single storey double garage at the rear of the site.  The estimated cost of development is $40,000.

 

The issues for consideration are the location, bulk and scale of the proposed garage structure, its overshadowing impact on the adjoining property at 5 Avoca Street and the visual impact upon the streetscape.

 

The recommendation is for refusal subject to conditions.

 

2.    THE PROPOSAL

 

The application seeks consent for the demolition of an existing single garage and construction of a single storey double garage with flat roof to the rear of the site with nil setbacks to the rear, northern and southern side boundaries.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the eastern side of Avoca Street in Randwick, one allotment to the north of Centennial Avenue (which is closed to traffic at its western end). The site is an irregular-shaped allotment. The western (front) and eastern (rear) boundaries measure 9.375m and 12.145m respectively. The side (northern and southern) boundaries measure 31.015m and 40.945m respectively. The site has an area of 295.6m2.

 

The site is currently occupied by a two storey dwelling house and a fibro single garage structure to the rear. The eastern boundary of the site adjoins Centennial Avenue and provides access to the garage. To the north of the site is a two storey dwelling (1 Avoca Street). To the south of the site is a two storey dwelling (5 Avoca Street). Across Avoca Street to the west are one and two storey freestanding dwelling houses.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The subject application was lodged with Council on 30 January 2004 and was referred to the Director of Asset and Infrastructure Services for comments.  Several issues were raised in relation to the existing trees (i.e. Hills Weeping Fig and Port Jackson Cypress) on the nature strip and the possible damage to these trees by the construction of the driveway and garage.  The applicant was requested to prepare an Arborist report to determine the feasibility of constructing the driveway and garage in close proximity to these trees.

 

The applicant submitted the Arborist report, prepared by Dr Treegood, reference 2004-011 on 31 March 2004 and was referred to Council’s Landscape Technician for comments.  The Council’s Landscaped Technician agrees with the recommendations contained within the Arborist report and has requested the applicant to make the following amendments:

 

§   Redesign the proposed vehicle entry and vehicle turning paths to be drawn, showing vehicles entering and exiting the garage and the relation to the existing trees on Council’s nature strip.

 

The applicant submitted the amended plans on 4 June 2004, which detailed the changes made as requested.

 

b. HISTORY OF SITE USAGE

 

03/00632/GA

First floor addition to the existing dwelling.

 

Comment:

 

The applicant originally proposed a double garage with loft above to the rear of the site which had a nil setback to the southern boundary and did not meet Council’s objectives in relation to overshadowing, bulk and scale. Due to the awkward geometry at the rear of the site. Reduction of the garage structure to accommodate 2 vehicles and meet Council’s objectives was not possible. The applicant agreed to delete the garage.

Approved

01/10/03

03/00777/JA

First floor addition and ground floor alterations to existing dwelling

Withdrawn

03/11/03

03/00632/GA A

Section 96 - Modify window and door openings on northern, eastern and southern elevations, make internal changes including lowering part of the ground floor level.

Approved

07/01/04

 

5.    COMMUNITY CONSULTATION:

 

The original and amended proposals have been notified in accordance with the Development Control Plan for Public Notification of Development Proposal and Council Plans. The following submissions were received:

 

5.1  Objections

 

The owners of adjoining properties were notified of the original proposal on 5 February 2004.  As a result of this notification the following submission was received.

 

         M & T Cohen of 5 Avoca Street, Randwick

 

l The proposed double garage is quite lengthy and will be sited on our northern boundary. The bulk of the garage will have an adverse impact upon our property.

 

Comments:

 

The applicant was advised to redesign the garage structure to minimise the adverse impact on the amenity of the adjoining neighbours and to satisfy Council’s concerns in relation to the existing trees on the nature strip.

 

The applicant submitted the amended plans and the owners of adjoining properties were renotified on 11 June 2004.  As a result of the re-notification, the following submission was received.

 

M & T Cohen of 5 Avoca Street, Randwick

 

l The proposed garage will exceed Council’s floor space ratio requirement.

l The proposed garage does not meet Council’s setback requirement.

l The proposed garage will have overshadowing their property.

l The proposed 3m high and 11m long brick wall will have adverse impact upon the amenity of their property.

l The landscaped area does not comply with Council’s requirement.

 

       Comments:

 

All of the above issues have been addressed in detail in Sections 7.1 and 8 of this report.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Director of Asset and Infrastructure

 

The application has been referred to the Director of Asset and Infrastructure for comment, conditions have been provided for inclusion with any consent granted.  The following comments were made: -

 

“Landscape Comments

 

There is one Callitris rhomboidea (Port Jackson Cypress) of approximately 10 metres in height in the rear of the adjoining property to the north, 1 Avoca Street, close to the common boundary. The tree appears in reasonable condition and is covered by Council’s Tree Preservation Order. The plans indicate that the proposed garage will be constructed within close proximity to the trunk of this tree, and as such, protection measures will be necessary to ensure its retention.

 

There is one large Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig), of approximately 20 metres in height and 10 metres in width on Council’s nature strip, in Centennial Avenue. The tree is a significant and imposing specimen and forms part of an established avenue planting of this species in Centennial Avenue. It appears in good condition and is covered by Council's Tree Preservation Order.

   

The plans indicate that a double garage is to be constructed along the eastern and northern property boundaries, approximately 1-2 metres from the trunk of the Ficus microcarpa var. ‘Hillii (Hills Weeping Fig) and the Callitris rhomboidea (Port Jackson Cypress) tree. Given the aggressive and invasive root system of the Fig and the close proximity of the Cypress, the proposed construction may, given the age and size of the trees, have a detrimental effect on their health.

 

In order to ensure their retention as indicated, an Arborist Report was requested, and was received on 31st March 2004, prepared by Dr Treegood, reference 2004-011. Council’s Landscape Technician advises that the contents and recommendations contained within this report are supported, and as such, the applicant will be required to comply with recommendations contained therein, particularly the requirement to re-design the proposed driveway as well as points 5.1 – 5.13.

 

6.2  Heritage Planner

 

The application has been referred to Council’s Heritage Planner for comment and the comments are as follows: -

 

“The proposed garage is compatible with the scale of surrounding outbuilding and will not adversely impact on the heritage significance of the conservation area.”

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

       The proposal has been assessed in relation to compliance with the following controls:

 

-    Randwick Local Environmental Plan 1998.

-    Environmental Planning and Assessment Act 1979 as amended.

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

-    Building Code of Australia.

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A and is in the vicinity of a heritage conservation area under Randwick Local Environmental Plan 1998. The proposed development is permissible with Council’s consent.

 

7.1  Policy Controls

a.    Development Control Plan No. Dwelling Houses and Attached Dual Occupancies

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

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

 

 

Yes

 

 

 

 

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

 

S6  20% of the site area is permeable.

 

No – 36% (see Section 8)

 

 

No – approx. 15% (see Section 8)

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

No – 0.87:1 (see Section 8) Under the DCP, associated car parking area exceeding a total of 40sqm is included in the gross floor area.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

S1  Maximum 3.5m external wall height of buildings or additions to the rear.

Yes – 3m (but the height and length of the southern wall of the garage is excessive and will adversely affect the amenity of the adjoining neighbours. See Section 8)

BUILDING SETBACKS

Rear Setback

 

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

 

Side Setback

 

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

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

 

 

 

No – Nil setback (see Section 8)

 

 

 

 

 

 

No – Nil setback (see Section 8)

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located and designed for convenience and safety.

·     enable the efficient use of car spaces.

·     safe, efficient, adequate maneuverability.

 

 

 

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

 

 

 

 

 

 

 

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

 

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

 

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

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

No – 48% (see Section 8)

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

Landscaping

 

The objectives and performance requirements of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced, dwellings are provided with usable outdoor recreation area, storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

Preferred solutions include that a minimum of 40% of the total site area is provided as landscape area and half of which should be soft permeable landscaping.

 

Upon completion of the proposed works, a total of approximately 36% of the site area is available as landscaped area and approximately 15% of which would be soft permeable landscaping, which does not comply with the preferred solution of the DCP. The proposal also fails to comply with the objectives and performance requirements of the DCP in that the extent of unpaved or unsealed landscaped area is not considered sufficient to achieve the broader objective of reducing storm water run off.  The degree of hard landscaped area also limits the potential for mature vegetation to soften the visual impact of the development.

 

Floor Area

 

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

 

The preferred solution indicates that the maximum floor space ratio for a site area of 297 sqm is 0.65:1 (193sqm).  The gross floor area of the proposed garage is 63sqm.  Under the DCP, associated car parking area exceeding a total of 40sqm is included in the gross floor area.  As the result, the floor space ratio will increase from 0.79:1 to 0.87:1 (255sqm) which does not comply with the preferred solution of the DCP. 

 

The proposed garage does not meet the objectives of the DCP in that its bulk and scale will result in an overbearing impact on the adjoining property at No 5 Avoca Street.

 

Height, Form & Materials

 

The objectives of the DCP are that developments should not be excessive in height and scale and are compatible with the existing character of the locality, and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

The relevant performance requirements are that the height of buildings should relate to those in the existing streetscape and buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets.

 

The proposal satisfies the DCP requirement in that the proposed garage will have a maximum external wall height of 3m.  However, it is considered that the proposed garage wall (i.e. 3m in height and 11m in length) on the southern side boundary is excessive and will adversely affect the amenity of the adjoining property at 5 Avoca Street in terms of its visual bulk.

 

Building Setbacks

 

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

 

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

 

It is acknowledged that the existing garage has a setback of 100mm to 500mm from the southern side boundary and a nil setback to the rear boundary.  The proposed garage will provide nil setbacks to the eastern (rear), northern and southern side boundaries, which does not comply with the preferred solutions of the DCP.  Due to the awkward geometry at the rear of the site and the applicant’s intention to provide a fully enclosed side by side garage for two (2) vehicles, reduction of the garage structure to meet Council’s objectives was not possible.  However, it is considered that if the garage structure is setback from the southern side boundary (a minimum of 500mm and the height of the southern wall of the garage reduced), the potential adverse impact upon the amenity of the adjoining neighbour at 5 Avoca Street would be reduced to an acceptable level.

 

Garages & Driveways

 

The objectives and performance requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the streetscape, and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment and garages & carport to a rear land are setback at least 1m to improve pedestrian visibility.

 

The proposed garage will occupy the full width of the site with nil setbacks from the side and rear boundaries, which does not comply with the preferred solutions of the DCP and will detract from the appearance of the streetscape.

 

Solar Access and Energy Efficiency

 

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

 

As a general guide new dwelling houses and attached dual occupancies must demonstrate that they have been designed to achieve energy efficiency, NatHERS, rating of 3.5 stars and buildings are orientated and internally configured to take advantage of and maximise solar access.

 

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

 

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

 

The applicant has provided shadow diagrams of the winter solstice with the application, which demonstrates the degree of additional overshadowing that will arise from the proposal.  Notwithstanding that the proposed garage will reduce the sunlight access to the principal outdoor recreation space of neighbouring dwelling at 5 Avoca Street, the proposal is still considered to be acceptable as the minimum preferred solution of the DCP with respect to solar access is maintained and the principal outdoor recreation space of neighbouring dwellings receives at least 3 hours of sunlight over at least part of its area between 9.00am and 3.00pm on 21 June.

 

9.    CONCLUSION

 

The application is recommended for refusal, as the proposed development does not comply with requirements of the DCP in relation to landscaping, floor area and building setbacks.  The proposal will also have a significant adverse impact upon the amenity of the adjoining neighbours and the character of the streetscape, due to its siting, height and visual bulk.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 49/2004 for Demolition of an existing single garage and erection of a new double garage to the rear of the site at 3 Avoca Street, Randwick for the following reasons:-

 

1.       The proposed development does not comply with the objectives, performance requirements and preferred solutions of Part 4.1 Landscaping & Open Space of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

2.       The proposed development does not comply with the objectives, performance requirements and preferred solutions of Part 4.2 Floor Area of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

 

3.       The proposed development does not comply with the objectives and performance requirements of Part 4.3 Height, Form & Materials of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies in that the proposed garage wall on the southern side boundary is excessive in height & length and will adversely affect the amenity of the adjoining neighbours at 5 Avoca Street.

 

4.       The proposed development does not comply with the objectives, performance requirements and preferred solutions of Part 4.7.1 Garages, Carports & Driveway of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies

 

5.       The proposed development does not comply with the objectives and performance requirements and preferred solutions of Part 4.4 Building Setbacks of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

 

 

………………………………

………………………………

 

FRANK KO

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

14 September, 2004

FILE NO:

DA 528/2004

 

PROPOSAL:

 Construction of 14 x 2 storey detached dwelling houses with attached double garages on lots 47-60 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 $3.78m.

 

The application proposes construction of 14 two storey detached dwelling houses on separate lots created under the approved community title subdivision of the site. The main issue for consideration is the compliance of the proposal with the master plan provisions.

 

The recommendation is for approval subject to deferred commencement conditions.

 

2.    THE PROPOSAL

 

The proposed development seeks Council approval for the erection of fourteen two-storey detached dwelling houses comprising living areas (kitchen, dining, living and family rooms) and attached double garage on the ground floor. The first floor level is comprised of bedrooms, sitting rooms and bathrooms to each dwelling. 13 x 4 bedroom and 1 x 5 bedroom dwellings are proposed.

 

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. Most of the dwellings do not have front fencing, however some of the corner allotments have slatted timber fences to provide privacy to their private open space. Pedestrian access to the dwellings will be from the unnamed roads and will be clearly articulated from the street by landscaped entry paths and provision of awnings and pergolas to provide some weather protection.

 

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 47-60 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 350m2 to 425m2 Lots 47-54 and 58-60 (at the western end of the site) are regular while lots 55-57 are slightly irregular as a result of the irregular roads bounding the site for this stage. The combined area of lots 47-60 is 5,081m2. The allotments are oriented to unnamed and unformed roads and form the southwestern corner of the greater site. Lots 47-51 adjoin the western boundary (to Bunnerong Road) and Lot 54 also adjoins the southern boundary of the larger site. An unnamed unformed road separates lots 52-56 from the southern boundary of the larger site. To the north of the site (across the roadway) is a watercourse and large area of open space. To the east of the site across a roadway are Lots 61-63. The site falls to the north towards the natural watercourse.

 

Land to the north 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). To the south of the site 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. 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 stages 1, 4 and 6 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:

 

Building Services comments

 

The subject site comprises a number of vacant lots in the” Baybrook” development that was the subject of an approved Master Plan .The site is owned by Landcom and will be developed by CPG Developments.

It is proposed to erect 14 new 2 storey dwellings in his stage.

 

BCA Building Classification

 

Class 1a            -           -           Dwellings

Class 10b          -           Fences

 

Background

 

Vacant crown land

 

Key Issues

 

Land Contamination & Remediation, Construction and Site Management

 

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 1-27).

 

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 fourteen dwelling houses on Lots 47 - 60 of the Baybrook development.

 

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal; however, several amendments will need to be made to the landscape plans prior to the issue of a construction certificate application.

 

Drainage Comments

For each lot generally all site stormwater shall be piped to sediment/silt arrester pits that drain to minimum 5 metre square base infiltration areas. Overflow pipes shall be provided from the silt arrestor pits that drain to the kerb and gutter in Road 3.

 

Traffic 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. 3. 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.

 

The submitted plans appear to show several garage door widths of less than 4.80m (on Lots 49, 50, 51 and 60). It is noted that AS2890.1 – 2004 states that the minimum door width for multiple vehicle garages shall be 2.4 times the number of spaces; that is 2.4 x 2 = 4.80m for each of these dwelling houses.

 

The DPCD is to determine if the proposed garage widths are satisfactory, and condition accordingly.

 

Should the application be approved the following conditions shall apply to each dwelling house:

 

Conditions proposed by Assets and Infrastructure have been included in the recommendation section of this report (see Conditions 54-67). A condition has been imposed requiring that garage openings have a minimum width that meets the relevant Australian Standard (see Condition 3). This will require an increase of approximately 100mm to the width of openings of all garages except for that on Lot 48.

 

7.    MASTER PLANNING REQUIREMENTS

 

The approved master plan provides specific controls for small, medium and large dwellings as determined by the approved master plan. Controls are generally the same for all types of dwellings with some differences in setback requirements. All dwellings in this stage are categorised as medium except for those on Lots 57 and 58 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

350m2-425m2

Yes

Maximum Building Height

9.5m

Up to 8.1m

Yes

External Wall Height

7.0m

Generally 5.2-7.0m

Lot 48 is 7.3m

Yes

No

Front Setback

4.0m

Generally 4-6m

Lot 55 is minimum 3m due to irregular frontage

Upper floor 52,55 and 56 2.5m

Yes

No

 

No

Side Setbacks Ground

Small Houses

 

Nil on one side 900mm on other side

 

900mm-4.5m

 

Yes

Medium Houses (Lots 57 & 58)

900mm

1.0-7.0m

Yes

Side Setbacks 1st Floor

Small Houses

 

 

1.5m

 

 

1.5-7.0m

except for northern side lot 47 which is up to 1m

 

 

Yes

No

Medium Houses

1.5m

2.0-6.9

Yes

Rear Setback

6m

General alignment of the walls 6.0-8.0 metres but protrusions up to 4.7m from boundary.

Yes - see discussion below

Corner lot secondary setback

Lots 52,56,57 & 60

2m

2.0-2.5

Yes

Landscaped area

40% of total lot area)

51.9%-60.2%

Yes

Soft Landscaped area

30% of total lot area

30%

Yes

Minimum contiguous private open space

25m2

25m2(+)

Yes

Minimum dimension private open space

3 x 4m

4 x 6m

Yes

Maximum length of wall on primary frontage

10 metres

Approx. 6 metres

Yes

Maximum length of wall on secondary frontage

15 metres

Approx 11 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

3.5-5 stars

Yes

Rainwater Storage

Minimum 5,000L to all detached dwellings

Rainwater tanks shown to each dwelling

Yes

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 (14.6-18.3m2)

Approx. 8m2 to all dwellings, remainder in garage

Larger dwelling on Lot 57 is short on storage areas.

Yes

 

 

No. However generous room sizes and additional study/ media rooms provide additional storage opportunities. A built in robe to bedroom 5 of the dwelling on Lot 57.

Dwelling Entries

Must be visible from the street

Generally oriented to the street. Lots 47,54 & 58 use pergolas and entry gates to ensure entry is visible from the street

Yes

Floor to ceiling height ground floor

2.7m

2.5 metres

No*

Floor to ceiling height first floor

2.6m

2.6 metres

Yes

Solid front fences within development

1.2m

Generally no front fencing

N/A

Fence to secondary frontage

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

Not indicated to Bunnerong Road.

 

Height of fencing not indicated to corner lots where private open space is located to secondary frontage

Not indicated*

 

 

See discussion of issues below. Not indicated*

Fencing behind front building line

1.8m max.

1.8m

Yes

* May be conditioned by consent

 

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

 

§   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. All dwellings have been designed by the same architectural firm and as a block of 14 resulting in a cohesive streetscape presentation. The designs incorporate a range of horizontal and vertical proportions that are repeated throughout the elevations to provide a link between the dwellings. The materials and form of the dwellings varies across the site to provide visual interest and identification for each of the houses.

 

§   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 shapes and sizes vary to provide visual interest and solar access. Covered entries are provided to most dwellings with access directly from the street and the location of the entry is clearly expressed to the street. Lots 47,54 and 58 have their entries located to the side of the dwelling. Although this does not strictly comply with the master plan, these dwellings have a strong presence to the street by way of entry porticos and pergola structures. Living areas look out to the street, providing surveillance to the entry down the side of the house.

 

The proposed balconies are sited in some cases forward of the building line and in other cases they are recessed or covered. This mix establishes variety and visual interested and is consistent with the intent of the master plan. Environmental controls such as sliding doors, balcony overhangs, roofed over hangs and pergolas are all features of the dwellings which improve the amenity to the dwellings and their environmental performance. Colours and materials have been received for the Baybrook site as a whole ensuring a coordinated approach to the colours and materials used throughout the development.

 

§   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.

 

§   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. The proposal complies with the master plan requirement.

 

§   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 unnamed and unformed roads bounding this stage. The front setback of the dwellings will form a consistent street edge.

 

§   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 garages are generally sited in line or slightly forward or behind the predominant setback of the dwelling. The garages comprise 19%-39% of the width of the allotments. The garages are attached to the dwellings and this allows for incorporation of architectural elements into the design of the garages. Balconies are proposed over some of the garages which provide visual interest and lighten the top of the garage structures with balustrading. Where garaging projects forward of the general line of the building supporting columns from the upper floor level stand in front of the garage to minimise its visibility from the street and create relief in the elevations. The proposed dwellings will not result in parking structures which dominate the street frontage.

 

 

§   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 proposed garages have an opening width of 4.7 metres. Lots 47-51 do not comply with the above requirement, having a width of 36-39% of the frontage, resulting in a minor non-compliance with the master plan. Garage openings to the remainder of the lots occupy less than 33% of the frontage and where lots have long frontages, comply with the maximum width of 6m. The intent of the master plan is that garages do not dominate the streetscape and occupy the majority of the frontage of the lot to the street. Despite the minor non-compliance to five of the lots, the development will provide a coherent streetscape that is not dominated by vehicular access and garages.

 

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

 

Comment: All garages are attached to the associated dwelling and meet the building envelope criteria under the master plan. Approximately half of the dwellings have garages which are slightly (approx. 500mm) forward of the general building line of the dwelling. Although the garages project forward of the main wall of the dwelling, the first floor level of the dwellings projects forward of the ground floor and overhangs the garage and ground floor rooms, supported on columns. This creates a building line that does not include the garage structure and recesses parking structures, reducing the potential for garages to dominate the elevation. The garage of the dwellings on Lot 59 projects 1.7 metres forward of the building line. This is not a significant distance and provides additional articulation in the front wall of the dwelling. Despite some of the garages being forward of the building line, living areas of these dwellings address the street directly and will provide opportunities for casual surveillance and improve the presentation of the dwelling to the street.

 

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

 

Comment: No carports are proposed to any of the dwellings.

 

§   Carports and garages fronting public streets are to be integrated with building design.

 

Comment: The garages have been well integrated into the overall building design through the use of materials and finishes compatible with the remainder of the dwelling and the introduction of architectural elements such as blade walls, columns and balconies to match the treatment of the rest of the elevation.

 

§   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 rainwater tanks 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 and vice versa. This provides flexibility for a variety of weather situations and caters for seasonal changes. The front yards are well screened from the street by fencing and vegetation where they form the primary north facing private open space. The dwellings are oriented to the north with each dwelling having at least one north-facing living area, overhangs, patios and pergolas have been employed to moderate solar access and provide further amenity to residents. The proposal complies with 1.11 of the master plan.

 

§   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: Generally there is no front fencing proposed to the street. Where fencing is proposed it is to provide privacy to private open space areas. The plans do not detail the height of this fencing and as such a condition has been proposed to ensure fencing meets the master plan requirements (see Conditions 15 and 16).

 

§   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. Front fencing has not been provided to the majority of lots which also minimises opportunities for concealment. Overall, the proposed development has been designed with a reasonable level of safety measures to prevent crime.

 

§   External wall height for Large Houses, Medium Houses and Small Houses shall be 7.0m

 

Comment:  All of the dwellings are two storeys and external wall heights vary between 5.2-7.0m with a general wall height of 5.5-6 metres. The7.3 metre maximum occurs as a result of the skillion roof profile to the dwelling on Lot 48, which provides additional clerestory lighting and ventilation. The low side of the skillion roof profile complies with the control and in this instance the area of non-compliance should be considered as part of the roof structure rather than an external wall. The skillion profile provides additional visual interest and articulation to the overall proposal. The development is satisfactory with regard to height.

 

§   Floor to ceiling height of ground floor to be 2.7 metres.

 

Comment: The plans indicate a floor to ceiling height on the ground floor level of 2.5 metres. There is no dimension on the sections to indicate the exact floor to ceiling measurement and as such a scaled measurement of 2.5 metres has been taken. In order to ensure that the proposal meets the floor to ceiling heights in the approved master plan for ground and first floor levels, Condition 6 requires that all buildings comply with the minimum floor to ceiling heights. The increase to floor to ceiling height is to be achieved within the existing building envelope, that is without increasing the overall height of the dwellings.

 

§   Rear setback to houses shall be 6m.

 

Comment: The proposed dwellings generally comply with this requirement. The first floor level of all dwellings is setback 6.0 metres. At ground floor level protrusions of up to 1.5 metres occur to accommodate meal areas, nooks to living rooms and stairs. These are considered to be minor non-compliances that do not contribute to overshadowing or bulk and scale and their location at ground floor level will not result in increased potential for overlooking. The development complies with overall and soft landscaping provisions of the master plan and DCP indicating that non-compliance with setbacks has not resulted in overdevelopment of the site.

 

§   Provision of rainwater tanks in all detached dwellings for garden watering, irrigation systems, outdoor uses and toilet flushing and washing machine use.

 

Comment: Rainwater tanks are provided to the side and rear of each dwelling in accordance with the master plan requirements.

 

§   Provision of gas-boosted 5-star solar hot water heating is to be made to all dwellings.

 

Comment: A condition has been imposed ensuring that this is achieved (see Condition 10).

 

§   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 3.5 and 5 stars with most achieving more than the minimum 3.5 stars. The proposal complies with this requirement.

 

§   Roof water from all buildings will be directed to private rainwater tanks for non-potable water reuse purposes.

 

Comment: A condition has been imposed to facilitate transfer of roof water to the proposed rainwater tanks (see Condition 11).

 

§   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 Conditions 8 and 17).

 

§   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.

 

§   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 all lots and associated dwellings will receive good solar penetration in accordance with the master plan between 10.00am and 3.00pm. The shadow diagrams indicate that the shadows from this stage will not penetrate lots within the development that form part of subsequent stages. No objections are raised with respect to overshadowing.

 

§   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: Windows to the eastern and western elevation have been minimised and are generally secondary openings to living areas that are primarily oriented to the north and south. Lots 47-51 have their primary open space to the rear (west) and dwellings on these lots have been designed with west facing living areas to maximise the relationship between the internal and external areas of the dwelling. In order to ensure that the amenity of the dwellings is not compromised by this arrangement, pergolas and roof overhangs have been shown to the ground level western elevation of these dwellings. In addition, living areas have also been located on the northern side of the dwellings to maximise the opportunities for natural solar access. This complies with the master plan requirement.

 

The upper floor west facing windows to these dwellings (Lots 47-51) do not indicate any screening or sun shading. As these windows serve bedrooms which are primarily used in the afternoon and evening (when the western sun is hottest), a condition has been imposed requiring screening and shading devices to these windows. Likewise, the upper floor west facing windows to dwellings on Lot 52 and 60 serve bedrooms and a rumpus room and should be provided with sunshading devices to prevent summer sun from entering (see Condition 2). Other west facing windows in the development are largely shaded by adjoining development and conditions requiring further shading are not required.

 

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

 

Comment: A condition regarding landscaping will be imposed to ensure compliance with this requirement.

 

§   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 living rooms of all dwellings will achieve 3 hours of sunlight between 9am and 3pm and meet the master plan requirement. Lots 47-51 and 56-60 will also achieve three hours of solar access to their principal area of private open space. Dwellings to the south of this stage (Lots 52-55) will be overshadowed by development to the north during midwinter mornings and afternoons. These dwellings will however maintain some solar access to their rear yards between 12 noon and 3pm on midwinter days.

 

The proposal is satisfactory with regard to the solar access requirements of the approved master plan.

 

§   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. A general condition will be imposed ensuring all lots comply with the master plan at construction.

 

§   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 17).

 

§   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, centrally located stairs that allow air movement between ground and first floor levels and interconnected living areas that open out onto open space.

 

§   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.

 

§   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 14).

 

§   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.

 

§   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 18).

 

§   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 8).

 

§   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 13).

 

§   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 19 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. 55 – Remediation of Land

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

-           Development Control Plan – Dwelling Houses and Attached Dual Occupancies

-           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

31 (2)– Landscape Area

50% of site area

(2,540.5m2)

53.5%

(2,723 m2)

Yes

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

Not to exceed 50% of landscaped area requirement

(25% of site area)

(1,270.25m2)

0%

(0m2 over basement)

Yes

32 (1) – FSR

0.65:1

(3,302.65m2)

0.7:1

(3,606m2)

No1

33 (1)– Building Height

9.5m

Up to 8.1m

Yes

33 (3)- External Wall Height

7m

Generally 5.2-7.0m

Lot 48 is 7.3m

Yes

 

No

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.

 

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.

 

9.1   Floor Area

 

The FSR of the proposal is 0.7:1 (3,606m2) and exceeds that permissible under clause 32(1) of the RLEP 98 for a development on the site, being 0.65:1 (3,302.65m2) by 303m2. 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 dwellings within Stage 7 of Baybrook exceed the maximum floor space ratio control, it should be noted that each dwelling complies with the minimum requirements for landscaped area. The proposed dwellings do not represent an overdevelopment of the site. The proposal provides 14 architect designed houses 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.

 

9.2   Height

 

            The development has a maximum overall height of 8.1 metres and external wall height of 7.3 metres and complies with the statutory standard for overall height under RLEP98 of 9.5 metres. The external wall height of 7.3 metres does not comply with the statutory standard under RLEP 98 of 7 metres by 300mm. 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 proposed scale, form and density of the development is consistent with NSW government guidelines and is consistent with the adopted master plan.

 

§   The ceiling, and therefore occupied part, of all dwellings complies with the 7 metre height control. The only dwelling that exceeds 7 metres in height is Lot 48, and then only to the eastern and southern elevations as part of the roof design.  This design adds to the interest and modern look of the dwellings and will not adversely affect the amenity of nearby residents.

 

§   The eastern elevation of Lot 48 faces the street and will not adversely affect the amenity of nearby residents but will instead add interest and a modern look to the streetscape elevation.

 

§   Similarly, the southern elevation of Lot 48 will not adversely affect the amenity of nearby residents.  The shadow diagrams provided show that the adjacent lot to the south, Lot 49, will receive ample sunlight to private open space and living areas, and comply with all council controls.

 

§   Whilst Lot 48 within Stage 7 of Baybrook exceeds the maximum external wall height control, it should be noted that Lot 48, and all other dwellings within this stage, comply with the minimum requirements for landscaped area. The proposed dwellings do not represent an overdevelopment of the site. The proposal provides 14 architect designed dwellings 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 proposed dwelling on Lot 48 has an external wall height of 7.3 metres which does not comply with the maximum set by Council’s LEP 98 or the approved master plan for the site. The non-compliance is considered to be minor in that it will not result in significant additional amenity impacts. The non-compliance is due to the clerestory arrangement of the skillion roof profiles. This arrangement allows for increased light and ventilation in accordance with ESD principles and the master plan. In order to comply the applicant would most likely remove the skillion profile in favour of a pitched roof which would achieve compliance but not result in reduced impacts as the ridge height would be the same as the proposed skillion profile. In addition a pitched roof would not allow for the natural light and ventilation benefits currently proposed. 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.

 

9.3   Landscaping

 

            The proposal meets the statutory requirements for landscaping and deep soil provision. The development is satisfactory with regard to landscaping.

 

(b)   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 above.

 

(c)   State Environmental Planning Policy No. 55 – Remediation of Land

 

Stage 7 is proposed on a portion of the site which has been identified as being contaminated with chromium and mercury. The previous application for subdivision (733/03) included details of the contamination and as such conditions (26-29) were placed on the approval requiring a site audit statement be prepared and an auditor engaged. Conditions 23-25 of this consent reinforce the remediation requirements prior to Construction Certificate approval. It is considered that Council has fulfilled its obligations under SEPP 55 in approving the land for residential use and as such further discussion of the SEPP is not required.

 

9.4  Policy Controls

9.4.1    Dwelling Houses and Attached Dual Occupancies

 

The requirements of the Dwelling Houses and Attached Dual Occupancies DCP are reflected in the approved master plan for the site and the master plan controls are the primary controls for redevelopment of the site. A detailed assessment against the approved master plan has been included in section 7 of this report.

9.4.2    DCP - Parking

 

The requirements for dwelling houses within the DCP – Parking have generally been incorporated into the DCP for Dwelling Houses and Attached Dual Occupancies. Each dwelling has two spaces which meets the requirement of the DCP – Parking for dwellings with 3(+) bedrooms. The driveways meet the DCP requirements in terms of gradient and width.

 

The development is satisfactory with regard to the DCP – Parking.

 

9.4.3.   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 22 of the recommendation.

 

9.4.4.   Rainwater Tanks Policy, 2003

 

       The Master Plan requires rainwater storage for all detached dwellings on the site and this is as per the requirements of Council’s Rainwater Tanks Policy. A condition requiring the installation of a rainwater tank with a capacity of 5000L has been included in the recommendation and this volume is the same as the preferred solution set by Council’s Rainwater Tanks Policy (see Condition 7).

 

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 DCP for Dwelling Houses and Attached Dual Occupancies and the approved master plan for the site. The development proposes a building envelope, FSR, height and landscaping that generally meet the criteria and fulfill 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 (2) and 33(3) of the Randwick Local Environmental Plan 1998 (as amended) relating to maximum floor space ratio and 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. 528/2004 for Construction of 14 x 2 storey detached dwelling houses with attached double garages on lots 47-60 of the approved community title subdivision at 1-81 Little Bay Road, Little Bay 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 dwelling on Lot 57 is to be redesigned so that the fifth bedroom has access to the rest of the first floor plan and via the central stair to the dwelling to the ground floor level as well as separate stair access to the street. This may be achieved by swapping the location of the media room and Bedroom 4 on the first floor level.

 

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 plans drawn by Wolski, Lycenko, Brecknock Architects numbered L47-L60, plot date 21JUN04 and stamped received by Council on 29 June 2004, Issue B of the Landscaping Plans drawn by HASSELL Pty Ltd numbered 3142B/CD-001 to 3142B/CD-017, dated 11/06/04 and stamped received by Council on 29 June 2004, stamped received on the 15 June 2004, and the colour schemes provided as Appendix B to the Statement of Environmental Effects (SEE) plans 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, the following conditions and as may be shown in red on the attached plans:

 

2.       The upper floor west facing windows to Lots 47-51 are to be provided with sun shading to prevent solar access to these windows November to March. Likewise, the upper floor west facing windows to dwellings on Lot 52 and 60 are to be provided with sunshading devices to prevent summer (November to March) sun from entering. Drawings indicating these devices and demonstrating sun angles are to be submitted with a Construction Certificate application.

 

3.       All garages are to have an opening width that meets the requirements of the Australian Standard AS2890 1-2004.  Details are to be shown on the Construction Certificate application.

 

4.       Street tree planting is to be installed for this stage in accordance with section 4.8 of the approved master plan prior to an occupation certificate being issued for the proposed development.

 

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

 

6.       The floor to ceiling height of the ground floor of all dwellings is to be a minimum of 2.7 metres. The floor to ceiling height of the first floor of all dwellings is to be a minimum of 2.6 metres. Any increase in floor to ceiling height that is required to meet this condition is to be accommodated within the approved building envelope and maximum roof levels shown on the approved plans.

 

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

 

7.       A rainwater tank, minimum capacity 5000L 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.

 

8.       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.

 

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

 

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

 

11.     Roof water from all buildings is to be directed to private rainwater tanks for non-potable water reuse purposes.

 

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

 

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

 

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

 

15.     Side and rear fences, including any masonry feature walls as shown on the landscaping plans are to have a maximum height of 1.8 metres.

 

16.     Solid front fences within development are not to exceed 1.2 metres in height. Solid front fences secondary frontages are to be a maximum of 1.5m in height or 1.8 metres where upper 2/3rds is 50% permeable. Details are to be shown on the plans submitted with the Construction Certificate application.

 

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

 

18.     The use of PVC is to be minimised.

 

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

 

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

 

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

 

21.     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 conditions are applied to satisfy the increased demand for public amenities and public services:

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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 are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

26.     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.

 

27.     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.

 

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

 

29.     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.

 

30.     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.

 

31.     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”.

 

32.     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.

 

33.     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.

 

34.     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 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:

 

35.     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.

 

36.     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.

 

37.     A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following 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 and verifying the building has been constructed at the approved levels.

 

38.     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.

 

39.     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.

 

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

 

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

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     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

 

45.     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.

 

46.     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.

 

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.

 

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

 

49.     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.

 

50.     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.

 

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

 

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

 

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

 

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

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

 

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

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

 

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

 

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

 

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

 

55.     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.

 

56.     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:

 

57.     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.

 

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

 

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

 

59.     For each lot, generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to a 5 metre square base infiltration area. An overflow pipe shall be provided from the silt arrestor pit to drain to the kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines, silt arrestor pit and the infiltration area shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority.

 

Notes:

 

a.           The sediment/silt arrestor pit shall be constructed:-

 

i.          within the site at or near the street boundary.

ii.          with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii.         with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv.         with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v.         with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.           The infiltration/rubble pit shall:-

 

i.          have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.          be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.         be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed.

Note:  other equivalent methods of infiltration may be adopted.

iv.         have a minimum base area of  5.0 square metres (m2).

 

The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c.           The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

All works shall be to the satisfaction of the certifying authority.

 

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

 

60.     The landscaped areas shown on the plan numbers CD-001 to CD-016, Issue B, job number 3142B, dated May 2004, drawn by Hassell Pty Ltd, prepared by AL, checked and co-ordinated by PD, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority (PCA) prior to the issue of a construction certificate. If Council is not the PCA for this site, then the applicant will still be required to forward a copy of the approved plans 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, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, proposed building envelopes, proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

g.    The landscape plan shall show a minimum number of 14 x 75 litre broad canopied trees (not palms), and a minimum 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 and paved areas where practically possible. Details are to be provided with the construction certificate application.

 

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

 

61.     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.

 

62.     In order to visually 'soften' the expanses of hard pavement, brick unit pavers, stencilled concrete (or similar) shall be used throughout the driveway 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.

 

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

 

64.     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.

 

65.     A review of the landscape plans has revealed that the following items will need to be addressed on amended plans prior to the issue of a construction certificate.

 

a.  CD-006, Lot 52: This plan shows the proposed planting of one MAI in the turf area towards the northwest corner of the site, which is considered unsuitable as this will reduce the amount of private open space available to the occupants. As such, the plans should be amended to show this tree being sited in the northwest corner to maximize the amount of private open space; or, alternatively, a more appropriate screening hedge shall be implemented in this area of the site. Additionally, a letterbox has not been shown for this lot and will need to be shown on the plans.

b.  CD-008, Lot 54: No letter box has been shown for this site, and will need to be provided.

c.  CD-009, Lot 55: The plan shows the proposed planting of one LAI in the northeast corner of the site, however, this species has not been included in the schedule. It is assumed to be Lagerstroemia indica (Crepe Myrtle), but will need to clearly represented on the schedule. Additionally, in order to maximize the amount of private open space available to the occupants, this tree should be sited closer towards the northeast corner. Several plants proposed for this site have not been included in the schedule, such as ROO, LAD, COS, CAL, ELR, ULP, THS, CUH, CAK, PAS and RAD. As such, the species that correlate to the key need to be included on the planting schedule.

d.  CD-010, Lot 56: The plan shows the proposed planting of one FRE towards the northeast corner of the site, in the turf area. In order to maximize the amount of usable open space available to the occupants, this tree should be sited closer towards the northeast corner.

e.  CD-011, Lot 57: Council’s Landscape Technician does not support the use of Ulmus parvifolia (Chinese Elm) at this development due to its large size, excessive leaf fall and ability to shade out understorey planting and turf areas. As such, a more appropriate species shall be used in its place. Additionally, no letter box has been shown and will need to be provided. 11 PIS are proposed for along the western boundary, however, they have not been represented on the schedule.

f.   CD-012, Lot 58: Council’s Landscape Technician does not support the use of Ulmus parvifolia (Chinese Elm) at this development due to its large size, excessive leaf fall and ability to shade out understorey planting and turf areas. As such, a more appropriate species shall be used in its place. There appears to be minimal landscape treatment provided in the rear yard compared to other dwellings, and as such, a more expansive treatment shall be provided at the southwest and southeast corners of the proposed dwelling in order to provide a private open space that is more in keeping with the other proposed dwellings.

g.  CD-014, Lot 60: The plans show the proposed planting of one LAI along the southern boundary; however, in order to maximize the amount of usable, private open space at this dwelling, this tree should be sited towards the southeast corner.

h.  The applicant should also be requested to investigate the use of low growing species around the base of all trees planted in grass in all rear yards, in order to provide a more aesthetically pleasing outlook for occupants.

 

Tree Management

 

66.     A refundable deposit in the form of cash, cheque or bank guarantee for the amount of $14,000.00 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.

 

67.     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

 

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:

 

A4 Reductions

 

 

 

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

15 September, 2004

FILE NO:

D0548/1999  

 

PROPOSAL:

 Section 96(2) application to modify condition 5 of consent to permit a maximum of 44 persons on the site (Heritage Item).

PROPERTY:

 Avonmore Terrace, 34 The Avenue, Randwick

WARD:

 North Ward

APPLICANT:

 Avonmore On the Park Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The original application was for the alterations and additions to the central terrace in the existing row of terrace buildings known as ‘Avonmore’ in The Avenue at Randwick and to convert the building to a guest house containing 22 rooms including provision of additional rooms to the rear at ground and first floor level. The application was approved subject to 37 conditions and condition 5 of the consent limits the number of persons to be accommodated at the premises to thirty-two (32), with specific restriction on numbers of persons in particular rooms (i.e. one or two people).

 

The subject application is to modify condition 5 of consent to permit a maximum of 44 persons at the premises.

 

This report will address the following key issues:-

 

§ Traffic and Parking impacts

§ Impact on heritage significance

§ Impact on surrounding land uses

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application seeks consent to modify Condition No.5 of original consent to permit a maximum of 44 persons on the site. The Condition No. 5 reads:

 

“5.      A maximum of thirty-two (32) persons shall be accommodated on the site at any one time. No more than two people shall be accommodated in Rooms 1, 2, 9, 10, 11, 12, 19, 20, 21 and 22 with no more than one person being accommodated in Rooms 3, 4, 5, 6, 7, 8, 13, 14, 15, 16, 17 and 18.”

 

The additional persons are to be accommodated by allowing 2 persons to use the rooms originally restricted to 1 person. The applicant has indicated that no change to the rooms will be required in order to accommodate an extra person. Each room has a double bed and ensuite facilities.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject building is a three storey late Victorian-style terrace and is the central, and largest, terrace in a ground of nine known as the ‘Avonmore Terraces’ which are located on the eastern side of The Avenue, opposite Alison Park, Randwick. The building consists of a total of twenty-two (22) serviced apartments. Eight (8) of the rooms are located on the ground floor level of the building along with a guest lounge and a manager’s flat with a further ten (10) rooms on the second floor and four rooms on the third. The premises have been used as a high quality, boutique-style serviced apartments aimed at visiting professionals and short-stay visitors who prefer serviced accommodation within an historic setting.

 

The site is adjoined to the west by Alison Park on the opposite side of The Avenue and to the rear by an existing right of way which is accessed from Alison Road. Immediately to the east of the right of way is the property facing Alison Road which is an existing mixed commercial/residential development. The group of terraces are adjoined to the north by the St Jude’s Cemetery and its grounds and to the south by the Police Station.

 

The Avonmore Terraces are listed as a heritage item under the Randwick Heritage Study and Randwick Local Environmental Plan 1998. The buildings area also subject to a Heritage Order and are listed on the State Heritage Register under the Heritage Act 1977, as amended. The terraces are also listed on the Register of the National Estate by the Australian Heritage Commission and are classified by the National Trust of Australia (NSW).

 

4.    RELEVANT HISTORY

 

The subject property has been used as a dwelling, private school, a boarding house and serviced apartments.

 

Development Application No. 665/1998 was lodged with Council on 12 August 1998 but was subsequently withdrawn on 23 December 1998 because it was not favoured by the Heritage Office. This application sought approval to convert the existing building into 26 self-contained guest rooms all with en-suites with some of these rooms being constructed as additions to the northern and southern sides to the rear portion of the existing building.

 

Development Application No. 548/1999 was lodged on 18 May 1999 which sought approval to carry out alterations and additions to the existing building and to convert it into 22 serviced apartments. This application was approved by the Health, Building and Planning Committee on 7 September 1999, subject to 37 conditions of consent.

 

A Section 96 application to upgrade the building to comply with fire safety was approved on 4 April 2000.   

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the Development Control Plan for Public Notification of Development Proposal and Council Plans. As a result, no submissions 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  Manager of Environmental Health and Building Services

 

The Manager of Environmental Health and Building Services raises no objection to the proposal and no additional conditions are required.

 

6.2  Heritage Planner

 

       The Council’s Heritage Planner raises no objection to the proposal and has advised that the proposed amendment did not affect any condition of consent imposed by Heritage Office and therefore the formal referral or application to the Heritage Office is not 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 2C under Randwick Local Environmental Plan 1998 and the proposed modification is permissible with Council’s consent.

 

7.1  Policy Controls

a.    Development Control Plan - Parking

 

8.    SECTION 96 AMENDMENT

 

8.1  Substantially the same

 

The proposed modification is minor and will not result in any appreciable additional impacts upon either the amenity of the adjoining premises or the streetscape and therefore the proposed modification to Condition No. 5 of original consent is considered to represent substantially the same development.      

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       Heritage 

 

The submission received with the application advises that considerable borrowings were incurred to carry out initial conservation works on the building and that maintenance costs are ongoing. The submission notes that financial viability is better assured if the applicant is given the opportunity to accommodate more guests. As the proposed modification will not impact on the fabric of the building and will contribute to the continued viability of the boutique hotel use, providing ongoing funds for the ongoing maintenance of the building, the proposal should be supported in this regard.

 

9.2  Traffic and Parking

 

The originally development was approved without the provision of any on-site parking and was assessed on the basis that the availability of on-street parking in the vicinity of the site would be sufficient to meet the needs of existing residents and the guest house.

 

The Avenue is currently a narrow two way street with parking available on only one kerb side (the eastern side) of the carriageway. The section between the boundary of St Jude’s cemetery and the rear boundary of the police station site has 2 hour parking restrictions between 8:30am and 6:00pm, Monday to Saturday. Residents are permitted to park for longer than 2 hours subject to the purchase of a resident parking permit from Council. There are 19 car spaces available along this section of the kerbside. The remaining 11 kerbside spaces along the St Jude’s cemetery frontage in The Avenue are unrestricted parking.

 

The applicant has indicated that from the past three years experience of operating the premises, 60% of the guests stay for period of 1-2 nights and they generally arrive by public transport or taxi and 20% of the guests who stay for periods of 1 week or more are generally those who choose the premises because of its proximity to Prince of Wales Hospital, the University of NSW or Randwick Racecourse. For those guests, public transport and taxis are the usual mode of transport to and from these destinations, as the premises do not advertise it offers any parking facilities.

 

Given the nature of the accommodation provided at the subject site and the type of clientele that is likely to stay in the premises and the availability of the on-street parking in The Avenue, it is considered that the amount of on-street parking, when properly policed, would be more than adequate to accommodate the needs of existing residents and the proposed increase of 12 persons to be accommodated on the site.

 

9.3  Noise

 

The increase in the number of persons to be accommodated on the premises may have the potential to generate greater noise. It is noted that Condition No. 3 of the Development Consent requires the operation of the premises to be in accordance with the Plan of Management which prohibits visitors in rooms, consumption of alcohol in rooms & public areas, limit unreasonable noise levels after 9:00pm and the presence of an on-site Manager. Given there are no complaints received in respect to the operation of the premises, it is therefore assumed that the operation of the premises have been carried out in accordance with the Plan of Management and the noise generated by the additional guests will be reduced to a minimum. As the proposed modification will not alter the operation of the premises, no amendment to the Plan of Management is required.

 

10.  CONCLUSION

 

The proposed modification to the original consent satisfies Section 96 of the Environmental Planning and Assessment Act, 1979, in that it will constitute substantially the same development and should not result in any significant additional adverse impacts upon the amenity of the adjoining properties. The nature of the application is to increase the number of persons to be accommodated on the premises by allowing 2 persons to use the rooms originally restricted to 1 person.  No change to the rooms is required in order to accommodate an extra person.  It is therefore considered that the proposed modification to the original development consent is reasonable.

 

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 Condition No. 5 of Development Consent No. 99/00548/GM on property at 34 The Avenue, Randwick, in the following manner:

 

·      Amend Condition No. 5 to read:

 

5.       A maximum of forty-four (44) persons shall be accommodated on the site at any one time. No more than two people shall be accommodated in each room.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

16 September, 2004

FILE NO:

RZ0002/04

 

PROPOSAL:

 Master Plan  for the proposed redevelopment of Long Bay Gaol to include a new 135 bed Forensic Hospital and a new 85 bed Prison Hospital within the correctional complex.

PROPERTY:

 1250 Anzac Pde Malabar

WARD:

 South Ward

APPLICANT:

 BBC Consulting Planners

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

1.         INTRODUCTION:

 

A Master Plan has been lodged for the site at 1250 Anzac Pde Malabar being Long Bay Gaol, on 16 August 2004. The Master Plan is essentially for the erection of a new 135 bed Forensic Hospital and a new 85 bed Prison Hospital, associated works include:

 

·        Seven existing maintenance buildings are to be demolished

·        Six existing hospital buildings to be demolished

·        Rationalisation and relocation of the industries and maintenance functions currently occupying the area where the new Prison Hospital is to be established

 

The Master Plan has been prepared having regard to the prelodgement advice received from Council and in accordance with the requirements of Clause 40(5) of Randwick Local Environmental Plan 1998 (Randwick LEP 1998). In accordance with clause 40(6) of Randwick LEP 1998 Council advertised and exhibited the Master Plan and called for public submissions.

 

This report recommends that Council adopt the Master Plan for 1250 Anzac Pde Malabar, subject to some minor variations and that a number of matters be addressed in future development applications for the proposal.

 

2.         THE MASTER PLAN:

 

The Master Plan for Long Bay Correctional Complex (LBCC) is based on the proposal outlined in prelodgement advice provided by Council 2 July 2004. There has been no previous Master Plan adopted for the site and numerous works have been undertaken to date which were minor or ancillary and received Master Plan waivers in accordance with Clause 40A 1(b)

 

The Master Plan proposes the following new works and improvements:

 

·        Demolition of existing maintenance buildings known as 4.3 Maintenance, 4.4 Industries, 4.5 Records, 4.6 Central Store, 4.7 Panama Nursery (x2) and 4.8 Motor Garage. The demolition of these buildings and relocation of these maintenance uses into new accommodation is the subject of a Development Application currently before Council for assessment DA581/04.

·        Demolition of buildings associated with the existing hospital known as 7.2 through to 7.7.

·        Erection of a new Prison Hospital where buildings group 4 are positioned in the eastern corner of the Gaol site bordering the perimeter with Calga Ave and Bilga Cres.

·        Erection of a new Forensic Hospital over the site of the existing hospital buildings group 7 to the western end of the site adjacent to Anzac Pde and the visitor car park and Gaol entry.

·        New operations facility for Justice Health associated with the use of the Forensic Hospital.

·        Identified potential redevelopment zones throughout the site to existing building groups 3, 4, 6 and 7. Specific details have only been provided for redevelopment options for building groups 4 and 7 as potential works will be relatively minor.

·        New on site detention to upgrade and improve stormwater management for the entire Gaol site.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Anzac Pde between a headland separating Long and Little Bays. The site has an irregular shape and a total area of 39.53 hectares. The site comprises Lot 5291 of DP 824057 and is known as Long Bay Gaol.

 

A minor ridge runs north-east to south-west along which the original buildings of the Gaol complex have been built dating to the early part of last century. The site falls away from this ridge towards Anzac Pde to the main entry into the Gaol. A small water body is located to the south of the existing hospital buildings.

 

The Gaol is bounded by Anzac Pde to the north west and southern sections of the site. Bilga Cres runs along the southern and south-eastern perimeter and Calga Ave the eastern perimeter of the site. Austral Streets runs along the north eastern perimeter.

 

The site is used for a range of special inmate management programs and health services and associated supporting administrative, maintenance and stores, industries and nursery buildings/uses for inmate employment, staff amenities and the like. The site accommodates 1,345 beds with occupancy rates averaging 85%.

 

The adjoining streets accommodate low density residential dwellings. Along this section of Anzac Pde several special uses are also accommodated including a University of New South Wales’ campus, the old Prince Henry Hospital site and several golf courses stretching to La Perouse.

 

4.         MASTER PLAN REQUIREMENTS:

 

Under the provisions of Amendment No 17 to Randwick LEP 1998, a Council adopted Master Plan is required prior to a consent authority determining a development application for areas greater than 4,000 square metres within the City of Randwick except for sites which have been granted a waiver under Clause 40A(2) of the Randwick LEP which allows Council to waive the requirement for a Master Plan if it is satisfied that the proposed development is of a minor nature only or is ancillary to the current use of the land, or that adequate guidelines and controls applying to the land are already in place.  These waiver provisions do not apply to the subject site. If adopted, the Master Plan applies for 5 years.

 

5.         STATUTORY AND POLICY CONTROLS:

 

The subject site is zoned Special Uses 5 under the Randwick Local Environmental Plan 1998. This zone accommodates development by a public authority on publicly owned land.

 

6.         PUBLIC NOTIFICATION AND SUBMISSION:

 

The Master Plan was exhibited through advertisements in the local newspaper and notification of surrounding residents. 

 

No submissions were received in response to the public exhibition.

 

7.         TECHNICAL OFFICER’S COMMENTS:

 

7.1 Heritage Planner Comments

 

Long Bay Gaol is listed as a heritage item under Randwick LEP and is listed on the State Heritage Register.  Council cannot issue approval for any development application for the site, until the Heritage Office provides conditions of consent to an application submitted by the applicant under Section 60 of the Heritage Act.  The Master Plan document has noted this legislative requirement.

 

The NSW Heritage Office have advised that although there is no statutory requirement for a Master Plan to be referred to the Heritage Office for comment, that it is common practice for Councils or applicants to do so, prior to finalisation and submission of development application and Section 60 application documentation.  It is recommended that if the applicant has not already referred the Master Plan to the Heritage Office, that Council forward a copy for their comment.

 

The current Master Plan proposes to replace the existing hospital on the site with a new 85 bed Prison Hospital and a new 135 bed Forensic Hospital.  The Prison Hospital is to be adjacent to the Metropolitan Medical Transient Centre (MMTC) and the Forensic Hospital is to be on the site of the existing Long Bay Hospital, a single storey building apparently dating from the late 1980s.

 

The most recent development application for the Gaol was for demolition of six buildings in the industrial sector to the south east of the site, to allow for the development of the new Prison Hospital.

 

A detailed Conservation Management Plan for the site was previously prepared by the Heritage Group of the NSW Public Works Department.  The planning report which accompanies the Master Plan submission advises that a new CMP is currently being prepared for the site, which will include an assessment of archaeological heritage.  When completed, this CMP will supersede the previous CMP.  The applicant has advised that liaison with the Heritage Office has been taking place in conjunction with the preparation of the CMP.

 

The Master Plan submission includes a map which indicates degree of heritage significance of existing buildings on the site.  The buildings of high significance generally comprise early twentieth century buildings constructed for the Female Reformatory and the Male Penitentiary.  The existing hospital and the storage buildings currently occupying the Prison Hospital site are considered to have little significance.  It is noted that the water body in the south western corner of the site has been identified in the Heritage Significance Plan and the Site Analysis- Constraints Plan as being of moderate significance, although no further background is provided.  The Site Analysis- Opportunities Plan identifies the area occupied by the significant water body as being in a potential redevelopment zone, while the Land Use Distribution Plan identifies the area as being part of the proposed Forensic Hospital Site.  There are concerns that the inclusion of the water body within the proposed site for the Forensic Hospital may conflict with its heritage values and lead to loss of heritage significance.

 

The Master Plan submission does not provide any detail on the new hospital buildings in terms of building footprints or building envelopes.  The applicant has advised that they do not wish to constrain design flexibility for tenderers for the project.  Instead the Master Plan submission includes a section on Building Envelopes and Built Form, and Heritage Conservation.  In relation to Heritage Conservation, the report includes provisions that all development is to be consistent with the provisions of any CMP and the recommendations of any archaeological investigations.  There are concerns that without reference to the completed CMP and archaeological investigations, that conflicts between provisions of the Master Plan and heritage values may arise.

 

The report establishes Built Form Principles that new development maintains the heritage significance of the site, and maintains important views to the historic precinct from Anzac Parade.  The section on Building Envelopes and Built Form including Built Form Provisions covering Building Design and Siting, Palette of Colours and Building Height.  The section on Building Design and Siting includes provisions that building design including alterations and additions are to respect the heritage qualities of the site and are to be consistent with any CMP for the site.  The section on Palette of Colours includes provisions that these reinforce the heritage qualities of the site with larger buildings in muted recessive colours with highlights of stronger colour.  The section on Building Height includes provisions that the height of buildings do not exceed the prevailing height of buildings on the site and that buildings within the Forensic Hospital zone have a height that retains views to the historic skyline from Anzac Parade.  These Built Form Principles are generally supported.  The Statement of Significance for the place notes that the siting of the prison on a ridge with palm trees in front has a strong visual impact in the surrounding landscape, especially form the south west.  The footprint for the proposed Forensic Hospital Site extends considerably closer to the Anzac Parade boundary than the existing Metropolitan Special Programs Centre.  There are concerns that if a new building extends closer to Anzac Parade than the existing building, even if they do not exceed the prevailing height of existing buildings on the site, that this important view of the former Male Penitentiary and Female Reformatory buildings may be affected.

 

My previous comments suggested that consideration could be given to incorporating further infill building principles, for example- new buildings should relate respectfully and sympathetically to adjacent significant buildings, and not be designed to stand out in marked contrast to them; new building should be of a blocky rectilinear form that respects the character established by the more significant buildings; the scale of new buildings should not overwhelm significant adjacent buildings, diminish their significance of detract from their setting.  Further infill building principles have not been provided in the final form of the Master Plan.

 

The applicant advised at the pre-lodgement meeting that the heritage/conservation architects preparing the CMP have contributed to the current Master Plan submission, including Built Form Provisions.  The applicant advised at the pre-lodgement meeting that an additional section on Design Intent would be added to the final Master Plan, and my previous comments suggested that once the new CMP was completed it should be used in the development of Design Intent guidelines for the design of the proposed new buildings.  This Design Intent section has been provided, but relates only to the function design of the facilities.  It is not clear whether or not the CMP has yet been completed.

 

7.2       Environmental Health comments

 

The proposal

 

The proposal consists of a Master Plan application submitted by the NSW Department of Commerce to build a new 85 bed Prison Hospital adjacent to the Metropolitan Medical Transient Centre. In addition a new 135 bed Forensic Hospital is proposed to be built on the site of the existing Long Bay Hospital.

 

Key Issues

 

The Environmental Health Unit has assessed the information supplied in the Master Plan submission and has identified the following public and environmental health issues as being associated with the proposed development.

 

Land Contamination

 

The issue of site contamination has been raised in the Master Plan. This document identifies that a Preliminary Environmental Site Assessment (PESA) has been undertaken to identify potential for site contamination. The sources of potential site contamination have been identified as:

 

·    Localised importation of potentially contaminated fill material

·    Use of ash from the boiler house

·    Leaking of petroleum hydrocarbons from underground storage tanks

·    Prior use of parts of the site as a rubbish tip

·    Disposal (surface and below ground) of asbestos-containing building materials.

 

Upon assessment of the information contained in the Master Plan, it is considered that further information is required in relation land contamination. The consent authority is required to ensure that the land is suitable for the proposed development, in accordance with the provisions of the Environmental Planning & Assessment Act 1979, SEPP 55, Contaminated Land Management Act 1997 and Council’s Contaminated Land Policy 1999.

 

Council considers that further investigation into the potential for contamination on site is required. This information is required to satisfy the consent authority that consideration has been given to whether the land is contaminated and if the 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.

 

As such, the issue of potential site contamination needs to be investigated further.  A detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past activities that may have occurred on site and current usages.

         

The report is to be carried out in accordance with Council’s Contaminated Land Policy 1999 and relevant NSW EPA Guidelines for Contaminate Sites.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be sufficiently detailed and be submitted to and approved by Council’s Manager Environmental Health & Building Services.

 

Should the Detailed Site Investigation Report not find any site contamination to both land and groundwater, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use’ posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.

 

Should the Detailed Site Investigation Report identify that the land is contaminated and requires remedial works to meet the relevant Health Based Investigation Level a Remediation Action Plan (RAP) is required to be submitted to and approved by Council prior to commencing remediation works.  The RAP is to be prepared in accordance with the NSW Environmental Protection Authority Guidelines for Consultants Reporting on Contaminated Sites.       

 

Acoustics

 

The use of the site has the potential to impact on the acoustical amenity of the surrounding residential areas, due to noise associated with plant and equipment that may be used to service the proposed developments. This issue has not been addressed in the information submitted with the Master Plan.

 

The potential for noise from the development to impact on the acoustical amenity of the surrounding area needs to be considered by the applicant. An acoustic report will be required to be submitted.

 

Food Handling and Preparation Areas

 

It is expected that kitchen facilities will be included within the proposed Prison Hospital and Forensic Hospital.

 

Advice received from the NSW Food Authority is that any kitchens, food preparation and food storage areas servicing the Prison Hospital and Forensic Hospital are subject to the requirements of the Food Act 2003, Food Regulation 2004 and Food Standards Code. These areas are to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004 and Food Standards Code and details of compliance are to be included in any development application received by Council.

 

Waste storage and disposal

 

It is expected that large volumes of waste, including clinical waste, will be generated by the proposed development.

 

Information detailing storage and disposal of this waste is to be provided. Any proposed waste storage areas are to be detailed on plans submitted for approval.

 

Rainwater Tank installation

 

It is stated in the Master Plan that the option of installing rainwater tanks to all new buildings is to be explored by the applicant.  The applicant should be referred to Councils Rainwater Tank Policy for further detail.

 

Further information is required in relation to the proposed rainwater harvesting system. Structural and installation details, including location for any proposed pumps, motors and tanks is required to be submitted to Council prior to completion of any development assessment. The applicant should address the issue of potential for acoustical amenity to be affected by pumps associated with the system.

 

7.3 Assets and Infrastructure

 

A Master Plan application has been received for development of the Long Bay Correctional Complex.

 

It is understood that the Master Plan is to include the following works on the site:

 

·    Construction of a new Forensic Hospital

·    Construction of a new Long Bay Hospital

·    Upgrading the industries, maintenance and stores facilities

·    Reduction in the size of the Panama nursery and construction of a small maintenance shed

·    Provision of additional parking facilities

 

Should the Master Plan be approved, the changes detailed in the ‘Recommendations’ sections of this report should be incorporated into the approval.

 

Landscape Comments

 

The following comments have been received from Council’s landscape technician:

 

There are several trees, covered by Council’s Tree Preservation Order, which will be affected by the proposed works, including:

 

a)    A row of approximately ten (10) Lophostemon confertus (Brush Box) varying in height between 4-6 metres, immediately north of the MSPIC building. They appear in reasonable condition and provide screening between adjoining buildings in this area. However, they are not deemed significant as they are not even able to be viewed from outside the complex, and as such, approval would be granted for the removal of these trees in order to accommodate the proposed extension of the Forensic Hospital.

 

b)    One Allocasurina species (She-Oak) of about 6 metres in height to the northeast of the MSPIC building. Approval would be granted for the removal of this tree in order to accommodate the proposed extension of the Forensic Hospital.

 

c)     A row of four (4) Allocasurina species (She-Oak) of about 6 metres in height to the north of the SPC building. They appear in reasonable condition but are not deemed worthy of retention, and as such, approval would be granted for their removal in order to accommodate the proposed construction of the Prison Hospital.

 

d)    There are two (2) Eucalyptus species (Gum trees) of about 6 metres in height to the west of the Nursery. They appear in reasonable condition but are not deemed significant, and as such, approval would be granted for their removal in order to accommodate the proposed construction of the Prison Hospital.

 

There is a row of trees consisting of Banksia integrifolia (Coastal Banksia), Allocasurina species (She-Oaks) and Eucalyptus species (Gum trees), along the southern side of the existing Nursery. They appear in reasonable condition, but will need to be removed in order to accommodate the proposed expansion of the Prison Hospital. The applicant has stated that Council approval has already been granted under separate application through the Tree Preservation Order and as such, no determination in relation to these trees will be required. However, the applicant will be required to comply with the instructions contained within the approval, specifically, tree removals and replacement plantings.

 

Council deems the provision of buffer zones and screen plantings around the perimeter of the site as an issue of high importance, but it is also recognised that this needs to be sympathetic to the Centre’s security requirements. In light of this, the applicant is advised to give due consideration to the use of a combination of mounding and screen planting in areas that adjoin residential zones.

 

The applicant is advised of that in accordance with Council’s Tree Preservation Order, any tree removals proposed as part of future Development applications on the site are not to be undertaken without the express permission of Council. Any proposed tree removals may be subject to suitable replacement plantings being provided in their place.

 

In recognition of the need to provide additional screening of the site, the applicant has expressed a desire to undertake supplementary planting within the Anzac Parade median. Council is generally supportive of such a measure, subject to more detailed discussions being held between the applicant and Council’s representatives. The proposed planting in the median island shall be in accordance with the Randwick Street Tree Master Plan and all costs associated with providing the planting in the median shall be met by the applicant.

 

Bushland Comments

 

The application was referred to Council Bushland officer and the following comments were received:

 

The coastal strip of the eastern suburbs is believed to provide important habitat for small native birds which migrate through this part of Sydney. Consequently concerns are raised that local extinctions may occur if adequate habitat is not maintained in addition to that in open space areas. The location of the Long Bay Correctional Complex occurs within the coastal strip and landscaping within the site would contribute to this fauna corridor.

 

In general, small native birds have particular habitat requirements. It is considered that, if landscaping within the Correctional Complex is to be useful for native birds, that relevant areas be identified in the Master Plan as fauna habitat to ensure particular features are incorporated into landscape design, eg. species selection. While there are constraints on landscaping, considering the site’s use as a correctional complex, the proposed landscape areas may increase or decrease habitat available in the local area, depending on their design.

 

Traffic Comments

 

The submitted traffic review by Traffix (dated August 2004) estimates that the existing development generates approximately 1800 trips per day on an average weekday (with about 163 entries in the morning peak and 163 exits during the evening peak) and that a total of about 720 vehicle trips are generated on a typical weekend day, with peak flows generally less that 100 vehicle trips per hour.

 

The review also states ‘all access points operate at a high level of service currently and it is expected that this will continue following the development’. However, the traffic review does not provide details of the estimated increase in traffic generation arising from the proposal to support this statement. Whilst it is not anticipated that the net increase in traffic generation will be significant, the applicant is required to provide details of the existing level of service of the road network (particularly the intersections) together with details of the post development traffic generation levels and the traffic impacts from the increase.

 

Traffic Generation assessments and the implications at critical intersections are required to be submitted in conjunction with development applications submitted for the site.

 

Further, each development application shall be accompanied with a traffic/parking report which details the parking generation from the proposed development together with details of where these parking demands will be met onsite.

 

Bullet point 7 in section 4.9 (Access and Parking) appears to generally address the above traffic and parking issues. However, it is noted that the bullet point specifies that the traffic/parking study is only required for major developments. The AIS Department recommends that all future development applications should consider the traffic and parking implications of the proposed development.

 

Drainage Comments

 

The AIS Department considers that the drainage strategy proposed for the site in conjunction with the Master Plan will substantially improve the existing flooding problems on and in the vicinity of the site. The AIS Department does not object to the stormwater works being undertaken in general accordance with those detailed in the Master Plan documentation.

 

It should be noted that the stormwater management concept plan has been determined using RAFTS. Council does not have RAFTS computer software, thus a detailed review of the hydraulic calculations was not possible. Whilst the AIS Department generally requires OSD volumes to be determined using the cumulative mass curve technique, the use of RAFTS is considered to be appropriate in this case given the size of the subject site.

 

Further, whilst the RAFTS model could not be reviewed, the OSD volumes detailed in figure 6 appear to be more than adequate to substantially reduce flooding problems in the area.

 

Given that the applicant proposes to implement to the stormwater strategy in stages, the AIS Departments notes that the Master Plan needs to be amended to clearly detail the stormwater requirements for each stage of the development.

 

Geotechnical investigation

 

Sufficient geotechnical investigation shall be undertaken to determine whether the development proposed under the Master Plan will have any affect on/or be affected by groundwater.

 

7.4 Heritage Office

 

The site is listed on the State Heritage Register and Heritage Council is the approval body for development on the land under Section 57(1) of the Heritage Act. The adoption of a Master Plan does not require approval under the heritage Act and the opportunity to comment on the Master Plan is appreciated. The built form principles described in Section 4.5 have regard to heritage conservation and the proximity of the development sites to the historic dual institutions, the form Female Reformatory and Male Penitentiary. However, the level of detail provided is inadequate to appreciate the heritage impact of the proposed developments. It is suggested that a more thorough assessment of the impact of the proposed developments on the heritage buildings, their setting and view should be included in the mater Plan.

 

Retention of views to the skyline is not considered to be an adequate response to the need to retain the setting and views of the historic dual institutions. Consideration should be given to the creation of view corridors which should remain unobstructed by new buildings and enhanced by the possible removal of intrusive and under-utilised buildings.

 

The Master Plan does not give adequate consideration to the archaeological potential of the site and it is suggested that a preliminary archaeological assessment should be required at this stage to inform the development principles for the site. The Master plan requires compliance with any Conservation management Plan for the site. The current Conservation Plan for the site has expired and a new CMP has been submitted for endorsement which is under consideration. The heritage Office is liaising with the applicant with a view to expediting the endorsement of a CMP. The heritage Office would be pleased to be involved in further discussions regarding the review of the draft Master Plan.

 

7.5 Department of Infrastructure Planning and Natural Resources

 

The Water Licence section of the Department was contacted in regard to the current Master Plan to determine whether they wished to have future applications formally referred for consideration. It was specifically queried whether a referral would be needed for potential works over the water body located in the western corner of the site. The Department informed Council that as it was not attached to any water course the development would not fall under Integrated development therefore concurrence was not necessary.

 

It is noted that the Master Plan identified the possibility for shallow ground water within the site and that further investigation and the lodgement of a Geotechnical report would be undertaken as part of any development application. Dependant on the findings of this geotechnical report the works may require a water licence and therefore referral to DIPNR.

 

7.6 Roads and Traffic Authority

 

The application was referred to the RTA and the proposal was forwarded to the Sydney Regional Development Advisory Committee. The Committee raised no concerns with the proposal at its meeting of the 15 September 2004.

 

8.         DISCUSSION AND ISSUES:

 

Subsection 5 of Clause 40A Master Plans of Randwick LEP 1998 lists a range of matters that Master Plans are required to address. The matters that are relevant to this application are discussed in the following sub-sections.

 

8.1       Design Principles

 

A series of site analyses has been undertaken in the preparation of this Master Plan. From these plans the context of the site has been identified in regard to the internal context of the correctional facility and from surrounding development which is typically residential in character along the adjacent streets of the locality. Given the site is zoned 5 special uses and is an existing Gaol there is limited scope for deviating from the fundamental design principles already identified for the site as part of these proposed redevelopments. It can be seen that the design principles for this site have been long established due to the nature of the use of the facility and any new development will be consistent with the existing pattern of development.

 

The prelodgement advice dated the 2 July 2004 raised concern that the Master Plan failed to discuss in any great detail the design principles drawn from analysis of the site and its context. It is noted that detailed analysis plans have been submitted with the Master Plan and despite the fact that discussion is not provided sufficient detail to satisfy this Clause has been submitted.

 

The design principles evident from the analysis which have contributed towards the formulation of the Master Plan are:

 

·    Existing vehicular flows

·    Buildings visible from the street and adjoining neighbours

·    Retention of views of heritage items, walls, roofs and landscaping.

·    Frequent local flooding

·    Buildings and their degree of identified heritage significance or intrusiveness to other buildings

·    Under utilised buildings

·    Landscaped curtilage of heritage buildings and ridge

·    Buffer plantings, security access

·    Views to long bay and exposure to winds

·    Views to Botany Bay

·    Existing stormwater detention basins, absorption trenches and opportunities for rainwater tanks

·    Existing facilities to be retained

 

8.2       Phasing of Development

 

The Master Plan provides an overview of the proposed phasing of works to the Gaol outlined as follows:

 

§ On going process of relatively minor development within or near to the existing buildings allowing the facility to adapt and change to the requirements of the Department of Corrective Services (DCS) for the proper management of inmates.

§ The construction of a new Prison Hospital to the east of the existing metropolitan medical transient centre including the rationalisation and relocation of the industries and maintenance functions currently occupying this area.

§ The construction of a new Forensic Hospital in part on the existing Long Bay Hospital site.

 

The development of the hospitals will involve the following stages:

 

·    Rationalisation and relocation of maintenance and industries building on the site of the new Prison Hospital to provide a development site for the new hospital.

·    The staged development of the Prison Hospital and Forensic Hospital to ensure that hospital and mental health services can continue during the development phase.

 

The Master Plan highlights the need for flexibility in the phasing of the works dependant on:

 

·    orderly and economic development of the site

·    to facilitate the provision of infrastructure and services

·    recognise the changing nature of correctional practices and the role and function of the correctional system

·    recognise the changing nature of mental health best practice

 

Given the sensitive use of the site and the requirements of a crown developer  the need for flexibility in the phasing of all works is acknowledged.

 

8.3       Distribution of Land Uses

 

The land use principles to guide future development as outlined by the applicant are:

 

·    To strengthen the role and function of the Gaol (LBCC) by facilitating the development of appropriate correctional, mental health and correctional health facilities and ancillary uses.

·    To encourage development that will have minimal adverse or cumulative impact on the locality

·    To enable flexibility in land use to reflect changing correctional management practices and the requirements of the NSW correctional system

·    To allow for a range of development that is consistent with local and state planning instruments.

 

The Master Plan does not foresee a change in the use of the site in the immediate or long term. Typically the land uses of the Gaol will remain as per the existing distribution of land uses with the exception of the two new hospitals. Alterations are envisaged within these areas in particular to inmate accommodation and program zones however these will not experience significant redevelopment. Any significant overhaul of these areas would require a new Master Plan to be submitted in accordance with Clause 40A Master Plan of Local Environmental Plan 1998.

 

8.4       Subdivision Pattern

 

Subdivision has been identified by the applicant as being possible within the site however land is likely to be retained in public ownership for the use of the DCS and Justice Health. No specific alteration to the existing allotment is proposed as part of this Master Plan.

 

8.5       Building Envelopes and Built Form Controls

 

The identification of any building envelopes or associated controls are closely restricted and/or guided by the existing development on the site and the heritage significance of a number of buildings. The current built form is considered to be institutional in character and given the on going use of the site as a correctional facility this is unlikely to change. Despite the consistency in overall character there are a number of variations in architectural style reflecting the particular periods of development throughout the history of the site.

 

No particular detail as to the built form or design of the new buildings was provided as part of this Master Plan.  The applicant has included a discussion on building envelopes and built form as part of the submission. This discussion outlines that appropriate built forms are influenced by the existing pattern and form of development and the heritage qualities of the site. Typically the architecture of buildings within the site have followed the intended use and function of the building. It is envisaged that the design and architecture of the proposed new prison buildings will likewise adopt a form characteristic of the uses. The discussion further notes a consistency in regards to scale and massing of  existing buildings within the site and those future buildings will respond to this scale of typically single and two storeys. All new buildings are to have a maximum height of 2 storeys. Any buildings within the view catchment to the historic skyline from Anzac Pde are to retain these views.

 

It is intended that all new buildings shall be of masonry construction and palette of colours is to respect the heritage qualities of the site.  Muted recessive colours are to be used for larger buildings and exposed structures are to be articulated by highlight colours. All buildings shall have low reflectivity in terms of colour scheme.

 

It is considered that the absence of specific building envelopes for the site can be accepted as it is noted that proposed building design is to be the subject of a future tender process.

 

The footprint of the proposed buildings whilst approximate is sufficiently indicative. The indicative footprint of the proposed Forensic Hospital is to the western corner of the site adjacent to Anzac Pde south of the Main Entry and Administrative buildings and to the north  of Metropolitan Special Programs Centre noted as building group 8 on the corner of Bilga Ave and Anzac Pde. The dimensions of the footprint are 290m length x 175m width following the curve of Anzac Pde. The distance from the boundary to Anzac Pde is between 90m and 35m. It is unlikely that the hospital will cover the entire area of this footprint rather the hospital will be positioned within this footprint. The existing Gaol hospital covers some 75% of this footprint.

 

The proposed Long Bay Prison Hospital is to be sited in the eastern corner of the site between the Inmate Accommodation buildings and the Nursery and Maintenance buildings.  The dimensions of this footprint once existing buildings within group 4 have been demolished is 180m x 140m and is also irregular in shape bounded by a proposed access road to connect with the existing internal road. The site is some 90m from the boundary with Calga Ave.

 

8.6       Pedestrian and Vehicular Access and Circulation

 

The Master Plan will result in a net addition of 100 beds divided between the proposed Forensic Hospital and Prison Hospital. As part of this redevelopment the main access to the site remains unchanged. In regard to existing parking and traffic facilities it is considered that the minimal net increase in occupants will not affect the existing capacity of this infrastructure however the applicant has noted that should there be an identified additional demand additional parking can be readily accommodated within the site without significant works required. It is noted that new internal access roads are proposed to adequately service the new buildings no objection is raised to these new roads.

 

8.7       Heritage Conservation

 

The site is listed as an item of environmental heritage on both local and state registers. As such any application needs to be accompanied by appropriate conservation management reports and studies as detail in greater detail under Heritage Planner comments. Further it is noted that the application would required the concurrence of the Heritage Office with consent required under Section 60 of the Heritage Act 1977.

 

The applicant has stated that all works are to be consistent with the provisions of any Conservation Management Plan for site, the recommendations of any archaeological investigations undertaken for the site and all development applications are to be accompanied by a Heritage Impact Statement..

 

8.8       Impact on Adjoining properties

 

The Master Plan has been the subject of intensive community consultation undertaken by the DCS prior to lodgement as well as advertising and notification in accordance with Randwick’s Public Notification Policy. As part of Council’s advertising and notification process no submissions were received however it is noted that any Development Application would also need to be notified and advertised and any public submissions received at that time would need to be appropriately addressed by the applicant

 

It is noted that adjoining properties would likely be interested in the proposed built form and exact location of the buildings once more specific design criteria have been established. It is considered that the applicant should consider further community consultation once specific building footprints and building forms are established. Particular consideration should also be given to the appearance of any facade as viewed from the street, and likely streetscape amenity impacts from a building erected closer to the boundary with Anzac Pde than the typical building alignment of buildings within the Gaol.

 

8.9 Social Impacts

 

The LBCC is an existing facility which has been an active land use alongside the dominant residential use of the locality since the early 1900s. The provision of two new hospital facilities shall have little social impact in regards to the surrounding residential land uses. The net increase in accommodation as a result of these two proposed hospitals is 100 beds which within the context of the entire Gaol’s population is a minimal increase of 7%. It is considered that the Master Plan will not result in adverse social impacts for surrounding residents as the works are contained entirely within the existing high security Gaol grounds, the works represent a minimal increase in the number of available beds and despite the works including two new hospitals in effect it is really an upgrading of facilities that already exist.

 

Within the context of the Department of Corrective Services and the existing and future inmates of the facility the Master Plan represents an improved social impact. Currently the hospital facilities of the Gaol are considered to be deficient where the one hospital is considered to be inconsistent with current mental health best practice. The proposal to divide hospital facilities into two distinct operations including a new Forensic Hospital and a Prison Hospital will ensure appropriate, up-to-date management of inmate health requirements. There is a clear positive social impact within LBCC and the quality of the state’s correctional facilities as a result of the proposed upgrade of existing hospital facilities whilst there is no additional impact to the surrounding locality of Malabar.

 

8.10     Prelodgement Comments

 

Council’s prelodgement advice detailed a number of matters which were identified as being outstanding which needed to be included in the master Plan. These details were identified as:

 

·    Indication of Relative Levels (RL) to AHD on existing and future finished ground levels, future roof ridge levels, and levels if cut and fill to be shown where possible.

·    Detailed analysis of opportunities and constraints for the site.

·    Additional details on the medium to long term proposals for the subject site that need to be incorporated into the Master Plan and not narrowly focus on the development of the two hospital facilities.

·    Details of the relocation of the maintenance buildings current housed in building group 4.

·    Further details on likely site contamination issues.

·    Greater focus on achieving energy efficiency

 

It is considered that generally improved detail has been provided on each of these points. Where detail hasn’t been provided, such as greater detail in regard to building envelopes and design it is acknowledged that the final architect for the proposed buildings has yet to be commissioned. The information submitted with DA 581/04 for the relocation of facilities currently contained within building group 4 has been assessed alongside this Master Plan.

 

9.         MATTERS TO BE ADDRESSED:

 

An assessment of the Master Plan has identified a number of outstanding matters in the plan which requires additional detail prior to lodgement of a Development Application. In general the Master Plan is considered to adequately address the relevant sub-sections of Clause 40A (5) Master Plan of Randwick Local Environmental Plan 1998. The outstanding details are listed under Part A of the Recommendation.

 

10.       RECOMMENDATION:

 

1.   THAT Council Adopt the Master Plan for 1250 Anzac Pde Malabar (Long Bay Gaol) subject to the requirements outlined in Part A –Variations to the Master Plan and Part B- Matters to be addressed in future development applications of this report.

 

2.   THAT the applicant be advised that the required variations to the Master Plan outlined in Part A- Variations to the Master Plan of this report must be submitted in a revised Master Plan to Council.

 

3.   THAT the applicant be advised that the issues specified in Part B – Matters to be addressed in Future Development Applications of this report must be addressed with future development applications for the proposed development.

 

Part A – Variations to the Master Plan

 

1.   Should any future development to building groups 3 and 6 of the subject site be proposed which are not be minor in nature and/or ancillary to the current use of the land a revised Master Plan shall be submitted to Council for approval.

 

2.   The final building design principles and envelopes of the proposed hospital buildings shall be submitted to and approved by Council’s Director of Planning and Community Development with the revised Master Plan prior to the lodgement of a development application for these buildings.

 

3.   The final building design principles and envelopes shall have regard to the impact of the proposed developments on the heritage buildings, their setting and views, including creation of view corridors which should remain unobstructed by new buildings and enhanced by the possible removal of intrusive and under-utilised buildings, and shall be prepared in consultation with the NSW Heritage Office.

 

4.   A preliminary archaeological assessment is required to inform of the development principles for the site and is to be submitted with the revised Master Plan prior to the lodgement of a development application for these buildings.

 

5.   Landscaping

 

§ That the following additional bullet point be included in section 4.12 under the description ‘Landscape controls for the site’ (page 26):

 

o In accordance with Council’s Tree Preservation Order, any tree removals proposed as part of future Development applications on the site are not to be undertaken without the express permission of Council. Any proposed tree removals may be subject to suitable replacement plantings being provided in their place.

 

§ That bullet point 5 under the description ‘Landscape controls for the site’ (page 26) be amended to state:

 

Developments in the vicinity of site boundaries are to include provision for perimeter planting within the site and/or adjoining the site within the road reserve if appropriate.

 

Any planting within the road reserve shall be in accordance with the Randwick Street Tree Masterplan.

 

§ That the reference to ‘Buffer planting’ in the legend on Figure 8  be changed to “Buffer and fauna habitat planting”

 

§ That bullet point 3 under the description ‘Landscape Controls for the site’ in section 4.12 (page 26) be amended to state:

 

Landscaping to side boundaries and along internal access ways is encouraged where compatible with operational and security requirements. Species should be selected, and landscaping works designed to provide an effective visual screen to Bilga Crescent and Calga Avenue and to provide a habitat for small native birds. This landscaping also needs to consider security requirements at the correctional complex.

 

6.   Bushland

 

§ That the reference to ‘Buffer planting’ in the legend on Figure 12 be changed to “Buffer and fauna habitat planting”

 

§ That the last sentence in section 4.17 (page 29) that starts with “There are no habitat corridors...” be deleted.

 

7.   Traffic

 

§ That bullet point 7 in section 4.9 (Access and Parking) (page 24) be amended to read:

 

Development applications are to be accompanied by a traffic and parking study indicating how traffic and parking requirements have been determined and met and assessing the implications of the proposed development on traffic generation and the capacity of the road network to accommodate additional traffic.

 

§ The following additional bullet points be included in section 4.9 (Access and Parking) (page 24):

 

o All additional parking requirements for new developments shall be provided on-site.

 

o All vehicles (including service vehicles) must be able to enter and exit the site in a forward direction.

 

8.   Drainage

 

§ That the first bullet point under the description ‘Special provisions relating to stormwater management’ in section 4.7 (page 23) be amended to state:

 

All development proposals (excluding internal alterations) shall incorporate on-site detention to accommodate stormwater runoff from the site in general accordance with the stormwater concept plan contained in Appendix 2.

 

It is noted that after the complete drainage strategy (as set out in the stormwater concept plan contained in Appendix 2) has been constructed, the requirement for on-site detention of stormwater will be waived for redevelopment within existing developed areas.

 

§ That the last bullet point under the description ‘Special provisions relating to stormwater management’ in section 4.7 (page 23) be deleted.

 

§ That bullet point 3 under the description ‘Special provisions relating to stormwater management’ in section 4.7 (page 23) be amended to state:

 

The stormwater concept plan contained in Appendix 2 is to progressively implemented. Each development application is to indicate the overall drainage strategy and the specific proposals for its progressive implementation. It is noted that each stage of the development shall, at a minimum, include sufficient drainage works to ensure that the on-site detention requirements for the subject stage have been satisfied.

 

§ That the following additional bullet points be included in section 4.7 under the description ‘Special provisions relating to stormwater management’ (page 23):

 

o The uncovered car parking areas may be used as above ground detention storage areas provided:

 

§ The storage depth does not generally exceed 150 mm, with an isolated absolute maximum depth of 200mm at the lowest point in the detention storage area (Note: the maximum depth must be controlled by a clear flow path to ensure that the depth never exceeds 200mm);

 

§ The minimum slope of the car park floor is 1 % (in accordance with the requirements of AS 2890.1 (2004); and

 

§ At least the first 15 % of the required storage volume is provided either below ground or outside of the parking area to ensure that regular flooding of the car park does not occur during smaller storm events. I.e. The car parking areas should not experience flooding more than once every year (on average).

 

o The floor levels of all habitable and storage areas shall be located a minimum of 300mm above (or provided with a suitable waterproof barrier to 300mm above) the top water level in any adjacent on-site detention area.

 

o The floor levels of all habitable and storage areas shall be located a minimum of 300mm above (or provided with a suitable waterproof barrier to 300mm above) any 1 in 100 year flood levels/overland flow depths on the site.

 

o Rainwater tanks shall not be considered as contributing to detention storage requirements unless it can be demonstrated through continuous modelling (using historical rainfall data for the area) that there will always be available storage in rainwater tanks at the beginning of critical storm events.

 

Overflow from rainwater tanks should be directed to the on-site detention area/s.

 

o Stormwater pollution control devices shall be provided prior to stormwater being discharged either from the site or into any infiltration areas.

 

9.   Civil works

 

§ That the following additional paragraph be included in section 4.7 (Infrastructure provision) (page 22):

 

The applicant must meet the full cost for Council, or a Council approved contractor, to undertake civil works in the vicinity of the development site as required to make provision for access, transport and infrastructure. The civil works may include repairing and/or reconstructing any damaged sections of existing vehicular and pedestrian accesses to the site.

 

§ That the last paragraph in section 2.3.4 (Geology, Groundwater and Soils) (page 4) be amended to state:

 

Further geotechnical investigations shall be undertaken in conjunction with future development applications to determine structural stability and to identify groundwater conditions in the vicinity of construction areas

 

10. Waste Management Arrangements

 

§ That bullet point two under the heading of ‘waste’ in section 4.14.1 (Analysis and Discussion) (page 28) be amended to state:

 

An operational waste management plan is to be prepared in conjunction with future development applications indicating waste management practices, recycling, reuse and waste reduction measures.

 

Part B – Matters to be addressed/submitted in Future Development Applications

 

1.   The Development Application proposal shall be substantially in accordance with the footprint, setbacks and scale detailed in the Master Plan prepared for NSW Department of Commerce on behalf of NSW Department of Corrective Services by Government Architect’s Office, dated August 2004 and submitted to Council 16 August 2004.

 

2.   Based on the findings of a Geotechnical report any future Development Application should be considered alongside the requirements for Integrated Development Section 91 of the Environmental Planning and Assessment Act 1979 and Part 3A of the Rivers and Foreshores Improvement Act 1948.

 

3.   The applicant shall comply with all requirements set out by the Heritage Office in accordance with Section 57 and 60 of the Heritage Act 1977.

 

4.   Any development application shall be accompanied by a current Conservation Management Plan and Archaeological Assessment and Management Plan as endorsed by the Heritage Council.

 

5.   Any Development Application shall be accompanied by sightlines prepared for properties adjacent to the subject site which enjoy sightlines towards the Heritage Items of the Gaol. These sightlines shall demonstrate the degree of loss if any of these buildings as a result of the proposed works.

 

6.   The proposed hospital redevelopments shall be undertaken with a strong focus on a achieving a high level of energy efficiency. Any Development Application shall be accompanied by a report detailing the standard of energy efficiency achieved by the design. Council’s Rainwater Tank Policy should where possible be adhered to with all proposed works.

 

7.   A detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past activities that may have occurred on site and current usages.

 

8.   The report is to be carried out in accordance with Council’s Contaminated Land Policy 1999 and relevant NSW EPA Guidelines for Contaminate Sites.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be sufficiently detailed and be submitted to and approved by Council’s Manager Environmental Health & Building Services.

 

Should the Detailed Site Investigation Report not find any site contamination to both land and groundwater, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use’ posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.

 

Should the Detailed Site Investigation Report identify that the land is contaminated and the land requires remedial works to meet the relevant Health Based Investigation Level a Remediation Action Plan (RAP) is required to be submitted to and approved by Council prior to commencing remediation works.  The RAP is to be prepared in accordance with the NSW Environmental Protection Authority Guidelines for Consultants Reporting on Contaminated Sites.

 

9.   An acoustic report is to be submitted to and accepted by Council. The report is to be prepared by a suitably qualified and experienced consultant in acoustics and the report and assessment is to be completed in accordance with the NSW Environmental Protection Guidelines, namely the Industrial Noise Policy and Environmental Noise Control Manual (sleep disturbance) and the relevant Australian Standards. The report is to include (but not be limited) to noise emission from the proposed development (mechanical ventilation etc).

 

10. Kitchens, food preparation and food storage areas servicing the Prison Hospital and Forensic Hospital are subject to the requirements of the Food Act 2003, Food Regulation 2004 and Food Standards Code. These areas are to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004 and Food Standards Code and details of compliance are to be included in any development application received by Council.

 

11. Information detailing storage and disposal of waste (including clinical waste) generated by the proposed development is to be provided. Any proposed waste storage areas are to be detailed on plans submitted for approval.

 

12. Information in relation to the proposed rainwater harvesting system is required to be submitted. This information is to include structural and installation details, including location for any proposed pumps, motors and tanks and details of the potential for noise emanating from the associated plant and equipment to impact on the acoustical amenity of the surrounding residential areas.

 

ATTACHMENT/S:

 

Master plan figures

 

 

………………………………

………………………………

SIMA TUUVERT

AOIFE WYNTER

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

28 September, 2004

FILE NO:

285/1996

 

PROPOSAL:

 Section 96 modification seeking consent to delete condition 13 of Development Consent No. 285/1996.

PROPERTY:

 89-91 Boyce Road, MAROUBRA.

WARD:

 Central Ward

APPLICANT:

 Development and Building Contractor Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The Section 96 application seeks consent to delete condition 13 of Development Consent No.285/96,  which required the installation of privacy screens to balconies and terraces at the western side of the building.

 

The application is referred to Council for determination as the original application was determined by Council and objections have been received.

 

The main issue is the impact upon the privacy and amenity of the adjoining residents that would arise by the deletion of the requirement for privacy screens.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The current consent details the erection of a nine storey building comprising 42 dwellings and a commercial portion at ground level with basement carparking. Consent was originally granted to the application at Council’s Health Building and Planning Committee meeting on the 19th November 1996. The application has also been the subject of numerous modifications which have no direct relevance to this application to modify the consent.

 

The proposed modification seeks consent to delete a portion of condition 13 of consent which states;

 

“Lattice or other privacy screening shall be provided in the following locations:

 

along the west facing sides of all balconies and terraces opposite and adjacent to the property at Nos 79-87 Boyce Road to minimise overlooking from the development.”

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is on the southern side of Boyce Road adjacent to the corner of Bruce Bennetts Place and is surrounded by multi storey multi unit housing development on this side of Boyce Road with free standing dwellings on the northern side of Boyce Road. At present on site there is a nine storey residential/commercial building containing 42 dwellings with associated basement carparking which is in the final stages of construction.

 

4.    SITE HISTORY

 

As has been stated development consent was granted for the erection of the building on the 19th November 1996 and the building is currently nearing completion.

 

5.         SECTION 96 ASSESSMENT:

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with: -

 

5.1       Substantially the Same Development:

 

The proposed modification seeks the reconsideration of a condition of consent relating to privacy screens which by it’s deletion would still result in substantially the same development as originally approved.

 

6.         COMMUNITY CONSULTATION:

 

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

 

The following submissions were received:

 

Petition from some residents of 79-87 Boyce Road Maroubra

 

-the removal of any privacy screens will result in a severe impact upon their privacy.

 

Petition from some residents of 116-132 Maroubra Road Maroubra

 

-the removal of the requirement for privacy screens will result in a loss of privacy to some residents.

 

J Qin of 3/79-87 Boyce Road Maroubra

 

-the deletion of the privacy screens will result in a complete loss of privacy to their premises and will also compromise the safety and security of the occupants of the dwelling.

-Council must consider the implication of deletion of privacy screens upon the residents.

 

Comment:

 

It is agreed that the removal of the required privacy screens will result in a significant loss of privacy to the adjoining very close buildings and the circumstances which resulted in the imposition of this condition in the first place have not altered. Therefore this application to modify the consent to delete this condition is recommended for refusal.

 

7.    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

 

The site is zoned 3A General Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

8.       ENVIRONMENTAL ASSESSMENT

 

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

 

 

8.1     Development Control Plan Maroubra Town Centre

 

The objectives within the Design Control Section of the DCP require that there be reasonable levels of privacy both externally and internally to new residential development.

 

The deletion of the condition to require privacy screens being installed to the balconies of the subject premises will fail to satisfy this objective in that there is inadequate separation between the subject and adjoining premises. The setbacks between the subject and adjoining buildings vary from 6m to 7m resulting in a loss of privacy to balconies of the adjoining premises which constitute the outdoor living areas of those dwellings. It would also be possible to look directly into the internal living areas of the dwellings within the adjoining multi unit housing development if these privacy screens were deleted.

 

CONCLUSION

 

The deletion of condition 13 of development consent will result in the development failing to satisfy the objectives and performance requirements of the DCP for Multi Unit Housing Development in that the privacy of the adjoining residents will be adversely affected in that it would be possible to look directly into the internal and external living areas of the adjoining premises and severely compromise their privacy and amenity.

 

RECOMMENDATION:

 

THAT Council as the consent authority, refuse consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to vary condition 13 of Development Consent No 285/96 for permission to erect a nine storey building containing dwellings at 89-91 Boyce Road Maroubra for the following reasons:

 

1.         The deletion of the requirement for privacy screens to the western side balconies as detailed in condition 13 of development consent will not comply with the objectives and performance requirements of the Development Control Plan for the Maroubra Town Centre resulting in a significant loss of visual and acoustic privacy to the adjoining occupants within the existing multi unit housing development at 79-87 Boyce Road and 116-132 Maroubra Road Maroubra.

 

2.         The distance separating the subject building and the living/balconies areas of the adjoining buildings is inadequate to allow for reasonable levels of privacy without screening devices.

 

ATTACHMENT/S:

 

Nil.

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

25 August, 2004

FILE NO:

D/195/2003

 

PROPOSAL:

 Section 96 Application to modify basement design and provide an additional level of basement parking to the approved development

PROPERTY:

 214-238 Anzac Parade, Kensington

WARD:

 West Ward

APPLICANT:

 Mandarin Investments

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

This section 96 application has been referred to Council for determination as the original approval was granted at the Ordinary Council meeting held on 26 August 2003.

 

The application proposes modification of the approved development to incorporate a second basement level of carparking and reduce the head height in the basement by removing the car stackers previously proposed.

 

The main issues for consideration are the changes to parking numbers and the effect of the changes on the groundwater in the area.

 

The recommendation is for approval subject to conditions.

 

2.    DETAILS OF CURRENT APPROVAL:

 

Approval was granted to demolish the existing buildings on the site, excavate and construct one level of basement carparking and a new mixed-use development on the site at 214-238 Anzac Parade, Kensington at the Council meeting held on the 26 August 2003. 67 residential units aligned to Darling Street and Anzac Parade with a landscaped podium level to the rear. At street level, the Anzac Parade frontage is occupied by retail/ commercial uses and lobbies to the residential component. A single residential unit and residential entry fronts Darling Street.

 

The approved development (via condition 8 of the consent) provided for 80 residential spaces , 13 visitor spaces, 4 commercial spaces and 4 loading dock spaces (to be used as visitor spaces at night). The approved development provided 77 residential spaces at basement level with 24 retail, visitor and residential spaces provided at ground (semi- basement) level. A section 94 contribution was levied for a commercial parking shortfall of 3 spaces under Condition 11 of the original consent.

 

Since the original approval several section 96 amendments to the proposal have been lodged with Council:

 

B:

Section 96(1A) application to provide a kiosk style substation to the Darling Street frontage of the building

Under Assessment

C:

Section 96(2) application to redesign podium to apartment 1 from a large 3 bedroom unit to 2 x 2 bedroom units

Under Assessment

D:

Section 96(1A) application to reconfigure the entry to the fire brigade pump room on Darling Street

Under Assessment

 

3.    DETAILS OF PROPOSED MODIFICATION:

 

The applicant seeks to modify the development by deleting the previously approved car stackers and adding a second basement level to the development. 48 car spaces, storage areas and 30 bicycle spaces are proposed within the second basement level.

 

Basement level 1 has been redesigned to provide for 48 car parking spaces, plant rooms and storage areas. The parking area at the rear of the ground floor level has also been redesigned to provide 4 loading spaces and 14 regular spaces including 5 accessible spaces, 6 car wash bays and four of the spaces in tandem or ‘stacked arrangement. The parking provision can be summarised as follows:

 

 

As per Condition 8 of DA Consent 195/03

As per s96 application 195/03’A’

 

N/A

Basement Level 2

Subtotal

Nil

48 Spaces

 

Basement Level

Basement Level 1

Subtotal

77 Spaces

48 Spaces

 

Ground Level

Ground Level

Subtotal

24 Spaces

18 Spaces

Total

101

114

 

The modification therefore represents an increased parking provision of 13 spaces from the original application.

 

The level of the basement 1 will be increased from RL21.8 to RL22.9 however this increase will be absorbed into the area previously required for the car stacker overruns and will not change the approved level of the ground floor (RL25.5).

 

In order to achieve a head height of 3.6 metres in the loading dock the podium level was proposed to be raised by 850mm from the level approved by the deferred commencement plans (from RL 28.5 to RL 29.35). The additional headroom was required so that the loading dock could accommodate small rigid trucks. The loading dock plan does not show sufficient width of spaces to allow for a small rigid truck to access the loading dock. Amended plans have been received which show the floor height of the ground floor as originally approved, not increased to 3.6 metres.

 

Modifications to the parking provision of the site will require amendment/ reconsideration of development consent conditions 1, 3, 8, 11, 91, 92, 94, 101, 130, 136 and 139.

 

4.    APPLICATION HISTORY

 

Approval was granted for development of the site on 26 August, 2003. This is the approval the applicant wishes to modify with this application.

 

The applicant lodged this section 96 application on 23 December 2003. The details submitted with the application were incomplete and as a result the applicant was requested to provide a new hydrogeological and geotechnical details to support the additional excavation required to accommodate the basement. This information was required prior to referral of the amendment to the Department of Planning Infrastructure and Natural Resources. The applicant provided the additional details on 15 July 2004. The applicant did not pay the appropriate Integrated Development fee to allow for referral and this was received on 23 July 2004. The application was then referred to the Department of Infrastructure, Planning and Natural Resources (DIPNR) with referral comments being received on 8 September 2004. The applicant’s delay in providing sufficient information and fees has prolonged assessment of this application.

 

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       Director, Assets and Infrastructure Services

 

            The Director, Assets and Infrastructure Services has provided the following comment in relation to the proposed modification:

 

An application has been received to modify development approval 195/2003 which is for construction of a mixed-use commercial/residential development at the above site. The proposed modifications involve providing an additional level of basement carparking and eliminating all mechanical car stackers.

 

The comments containing in this report are based on the following plans:

 

§ Drawing S9603 Issue A – Ground Floor plan, by Kann Finch Group dated 17/12/2003

§ Drawing S9602 Issue A – Basement 1 plan, by Kann Finch Group dated 17/12/2003

§ Drawing S9601 Issue A – Basement 2 plan, by Kann Finch Group dated 17/12/2003

 

Groundwater Comments

 

Given that the section 96 application involves construction of an additional basement level, a revised excavation and dewatering report was requested to demonstrate that the proposed development would not result in detrimental settlement on adjoining properties. The required report (dated 27 July 2004) has been submitted to Council.

 

It appears that the report has been prepared by a Geotechnical, Hydro-geological and Structural Engineer in general accordance with the requirements set out in deferred commencement condition 5 of DA 195/2003.

 

As per our previous advice it is recommended that the DPCD liaise with Council’s Building Certificate Unit and/or seek legal/expert advice to ensure the risk to adjoining properties is acceptable.

 

It is further recommended that advice be sought from Council’s environmental health officers in relation to whether the groundwater quality issues have been adequately addressed. In particular, consideration should be given to whether the groundwater treatment processes proposed prior to re-injection/discharge are adequate.

 

Should the S96 application be approved, it is recommended that the applicant be advised of the following:

 

1.     Should the proposed mega drain (for groundwater re-injection) be located outside the site boundaries, written consent from the owners of adjoining properties will be required prior to the commencement of work.

 

2.     Consent from Council will be required prior to installing any monitoring wells, spears or anchors within Council’s footpath area. Consent from Council will also be required prior to Groundwater being discharged into Council’s stormwater system.

 

3.     Consent from the RTA will be required for any works in Anzac Parade.

 

4.     There shall be no groundwater discharged to Council’s stormwater system during major storm events.

 

Further, should the S96 application be approved it is noted that the following condition will need to be amended:

 

Condition 136

 

Condition 136 currently reads:

 

136. The recommendations made in the Hydro Geotechnical report prepared by D. F. Dickson and Associates Pty Ltd dated 10 March 2003 and any subsequent excavation and dewatering details approved by Council in accordance with deferred commencement condition 5, shall be adopted. The Construction Certificate plans shall demonstrate compliance with this requirement.

 

This condition should be amended to state:

 

136. The recommendations made in the ‘Report for Council Re- Settlement Effects – Risk Management’ dated 27 July 2004 by DF Dickson and Associates Pty Ltd, Douglas Partners and Robert Bird and Partners, and the Dewatering Feasibility Report prepared by D. F. Dickson and Associates Pty Ltd dated 30 June 2001, shall be adopted. The Construction Certificate plans shall demonstrate compliance with this requirement.

 

Waste Comments

 

The Section 96 ground floor plan shows the waste storage areas being modified. The AIS Department does not object to the proposed changes given that the total waste storage areas available (for both the residential and retail tenancies) are in accordance with Council requirements.

Should the S96 application be approved it is noted that the following condition will need to be amended given that the waste storage areas have been modified:

 

Condition 139

 

Condition 139 currently reads:

 

139.     Waste management within the development site, (including sizing and location of bin storage areas and compactor units), shall be carried out in strict compliance with the details and recommendations of the Waste Management Plan submitted with the development application, (i.e. Appendix E – Waste Management Report prepared by J D MacDonald and dated June 2003). The applicant shall demonstrate compliance with all elements of the subject Waste Management Plan prior to the issuing of a construction certificate

 

This condition should be amended to state:

 

139.     Waste management within the development site shall be carried out in general accordance with the details and recommendations of the Waste Management Plan submitted with the development application, (i.e. Appendix E – Waste Management Report prepared by  J D MacDonald and dated June 2003). The applicant shall demonstrate compliance with  the subject Waste Management Plan prior to the issuing of a construction certificate

 

Traffic/Parking Comments

 

The subject S96 application seeks to provide an additional level of basement carparking and to eliminate all car-stacking devices. In principal the AIS Department supports this proposal.

 

It is noted however that the DPCD should ensure that the new carpark layout is satisfactory and ensure that an appropriate condition regarding allocation of the parking spaces is included in the approval.

 

Carwash Bays

The applicant has noted that conditions 8 and 131 specify different carwash bay requirements. The DPCD should determine whether the subject development is required to provide 6 or 3 carwash bays. It is noted that the AIS Department considers that the provision of 3 carwash bays (although not in strict accordance with the DCP requirements) would be adequate for a development of this size. Should the DPCD Determine that 6 carwash bays are required, condition 131 should be amended to specify 6 carwash bays. Should only 3 carwash bays be required, condition 8 should be amended.

 

Further to the above the AIS Department notes that the new ground floor plan shows one of the tandem residential spaces being allocated as a carwash bay. This is not practical as the carwash bay should be accessible to all units. It is recommended that that this issue be addressed by the DPCD when they are preparing the condition regarding allocation parking spaces.

 

Loading area

It is noted that the submitted plans show the clearance over the loading dock area being increased to 3.6 metres. However, the size of the spaces within the loading area are only adequate for vans and regular cars. The AIS Department notes that the proposed 3.6 metre clearance is only of use if the size of the loading docks is increased to facilitate at least small rigid vehicles.

 

Further to the above comments, the AIS Department notes that should the S96 application be approved, the following condition will need to be amended and/or deleted as appropriate:

 

Conditions 91 and 92

 

These conditions state:

 

91.         The residential parking spaces on Basement 1 Level shall be separated from the commercial, residential and visitor parking spaces on the Ground Floor Level via a security roller shutter or similar between the two floors. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

92.         The commercial and visitor parking spaces on the ground floor level are to be clearly marked and signposted. Retractable bollards (or similar) shall be provided in the residential disabled parking spaces located on the ground floor level

 

Given that the parking spaces will now be allocated over three parking levels, these conditions will need to be amended to reflect the new allocations. It is recommended that the DPCD deleted both of the above conditions and include an appropriate condition that relates to the residential spaces being kept separate from the commercial and visitor spaces. Any residential spaces that are located in areas accessible by either visitors or commercial users should be provided with retractable bollards (or similar).

 

Condition 94

 

Condition 94 currently reads:

 

94.         The applicant shall install a suitable traffic control system to be used for vehicles entering/exiting the proposed ramp linking the Basement 1 Level carpark with the Ground Floor carpark. The traffic control system shall be suitably designed to minimise the potential for vehicular conflict along the ramp. The applicant shall submit full design and location details with the construction certificate application for approval by the certifying authority.

 

This condition should be amended to state:

 

94.         The applicant shall install suitable traffic control systems on the internal carpark ramps. The traffic control systems shall be suitably designed (by a qualified traffic consultant) to minimise the potential for vehicular conflict along the ramps. The applicant shall submit full design and location details with the construction certificate application for approval by the certifying authority.

 

Condition 101

 

This condition states:

 

101.       Prior to the issuing of a construction certificate, the applicant shall submit to the certifying authority for approval and have approved, full operational details of the car stackers. This information shall include (but not be limited to) the following:

 

·    Manufacturer specifications (including dimensions) and instructions for operation

·    Details of manual operation in the event of power/mechanical failure

 

Given that the S96 application will eliminate all car-stackers, condition 101 is no longer required and should be deleted if the section 96 application is approved.

 

Flooding Comments

 

The ground floor plan submitted in conjunction with the S96 application shows a pump room being constructed at street level. Consequently the pump room may be subject to stormwater inundation during major storm events.

 

To ensure that no components within the pump room are affected by flooding, the AIS Department recommends that, should the section 96 application be approved, the following additional condition be included in the approval:

 

Any components within the pump room that may be adversely affected by flooding shall be raised to a minimum RL of 25.25 (AHD) or suitably protected from flooding up to this same level.

 

            On the basis of advice received by the AIS, the plans have been revised to remove any reference to increasing the head room of the ground floor parking area to 3.6 metres. The plans recommended for approval will not result in any increases in the height of the building or the level of the landscaped podium.

 

            The Environmental Health and Building Unit has been approached for comment regarding the potential for site settlement as a result of dewatering and is satisfied that all relevant issues have been considered (refer to comments below).

 

            Conditions relating to parking and allocation have been reviewed and updated to reflect the new basement arrangement and the advice of the AIS.

 

6.2       Manager, Environmental Health and Building

 

            As per the recommendation of the Director, Assets and Infrastructure Services, the dewatering report submitted for the second basement level was referred to the Manager, Environmental Health and Building for comment as follows:

 

Council is in receipt of an excavation and dewatering report associated with a section 96 application related to a second storey basement proposed at the subject premises. This report is titled Report for Council re: settlement effects-risk management design revision Pheonix Apartments 2 level basement excavation to RL 20.0 incorporating dewatering feasibility report 23778-H2 30 June 2004 dated 27 July 2004.

 

The Environmental Health Unit has reviewed this report and is satisfied that potential environmental issues associated with the revised dewatering report have been adequately considered. The Environmental Health Unit accepts this report and has no objection to the proposed works.

 

            There are no issues for consideration arising from the comments made by the Manager, Environmental Health and Building.

 

6.3       Department of Sustainable Natural Resources

 

Due to the depth of basement excavation proposed and possible requirements for additional dewatering, the application was forwarded the Department of Planning, Infrastructure and Natural Resources (DIPNR) for comment on 29 July 2004.

 

The Department advised as follows:

 

The Department concurs with the conclusions and recommendations as presented in the Dickson dewatering report of 30th June 2004.

 

The Department advises that the General Terms of Approval (GTA's) that the Department prepared for the original proposal are still relevant to the amended DA dated 23 December 2003.

 

In addition, the Department commented that the GTA’s issued in relation to the original approval referred to the Department of Sustainable Natural Resources. The name of the Department has now changed to Infrastructure, Planning and Natural Resources and the GTA’s should be updated to reflect this. A new set of GTA’s that refer to the correct Department name are attached to this report.

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The 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 1 – Development Standards (SEPP 1)

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

·             State Environmental Planning Policy 65 – Design Quality of Residential Flat Buildings (SEPP65)

·             Kensington Town Centre Development Control Plan, 2002

·             DCP - Parking

·             Section 94 Contributions Plan

 

            The section 96 application does not seek to substantially modify the development from that already approved. As such, limited consideration of compliance with Council’s planning instruments and policy is required. The proposed modification to the basement level will not affect the compliance of the existing approval with the requirements of SEPP’s 1, 55 and 65

 

(a)   Randwick Local Environmental Plan 1998

 

            The site is zoned 3(b) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The compliance of the existing approved development with clause 42B of the Randwick LEP 98 will not change as a result of the proposed modifications.

 

 

 

 

 

 

 

 

 

8.1  Policy Controls

a.         Kensington Town Centre Development Control Plan, 2002

 

CONTROLS

PERFORMANCE REQUIREMENTS

COMPLIANCE

 

on-site parking

i.    Minimum dimensions for carpark design and layout must be based on the dimensional requirements of a service van as described in the DCP – Parking.

 

ii.   Tandem or stack parking (maximum two spaces) is permitted where these spaces are attached to the same strata title comprising a single apartment, subject to the maximum parking limit applying.

 

iii.  Council may consider:

·    A limited number of stack parking spaces (maximum two spaces) for staff parking associated with retail uses

·    Stack parking spaces (maximum two spaces) for other non-residential purposes subject to suitable management arrangements such as valet management of those spaces.

 

vii. Carparking areas may be designed as semi-basement car parking provided that:

·    The roof is not more than 1.5 metres above ground level;

 

·    The roof is landscaped as communal and/or private open space;

·    The design results in building frontages that are level with the street.

 

viii.          Where the roof to a semi-basement carpark abuts with a street frontage, ensure that the roof is no higher than 900mm above ground level, measured across any sloping frontage.

Complies

 

 

 

 

2 spaces provided in each of the basement levels are to be allocated to 3 bedroom units by amended Condition 8.

 

 

4 spaces in stacked arrangement conditioned to be used as staff parking for commercial uses by amended Condition 8.

 

 

 

 

4m does not comply – Darling Street carpark entry

 

 

Complies

 

Complies

 

 

Original did not comply to the Darling Street frontage podium level to be increased by 850mm.

communal open space

i.    Maximise ground level communal open space.

 

ii.   Locate communal open spaces so they form a focus of the development.

 

iii.  Avoid fragmenting communal open space.

 

iv.  Design communal open spaces which provide a pleasant outlook for residents.

Complies

 

Complies

 

 

Complies

 

Complies

 

 

b.         DCP – Parking

 

Parking rates and layout requirements for development in the Kensington Town Centre are contained within the DCP - Parking.

 

Item

DCP Parking Requirement

Proposed

Allocation

Complies

Residential

26x1 b/r

34x2 b/r

7x3 b/r

 

26x1 =26

34 x 1.2 = 40.8

7 x 1.5 = 10.5

 

26

41

14

 

Yes

Yes

Yes

Visitor

1 per 4 units

67/4=17

17

Yes

Subtotal Residential

94 spaces

98 spaces

Yes

Commercial/ Retail

1 per 40m2

GFA

444m2= 11

 

 

11

 

 

Yes

Loading

1 truck space  per 400m2 commercial GFA

MUH 1 space per 50 dwellings plus on site parking for removal vans

 

1

 

2

 

4

 

Total

108 Spaces

113 Spaces*

Yes

Accessible Spaces

 

 

 

Residential (1 space per accessible dwelling)

(67-15)/15

3

3

Yes

Commercial 1-2%

1-2

2

Yes

Car Wash Bays

1 per 12 dwellings

6

6

Yes

Bicycle Spaces

30

30

Yes1

1Bicycle parking is located on Basement level 2

 

Discussion of compliance with Council’s DCP – Parking is included under Section 8.1 of this report. 114 parking spaces have been proposed, however due to the need to provide separation between the residential and commercial parking spaces a turning bay is to be provided. This requirement reduces the parking allocation for the site to 113 spaces which is still in excess of Council’s DCP requirement.

 

8.2  Council Policies

 

(a)            Section 94 Contributions Plan

 

The development originally approved resulted in a commercial parking shortfall of 7 spaces. In order to address the shortfall a contribution for 3 spaces was levied by Condition 11 of the original consent. As the development now provides parking which meets the requirements of Council’s DCP – Parking the contribution for parking under Condition 11 may be removed. This modification has been included in the recommendation section of this report.

 

9.         SECTION 96 AMENDMENT

 

9.1  Substantially the same

 

The proposed modifications relate to conditions and will result in a development that is substantially the same as that currently approved. The proposed modifications may be considered under section 96 of the Environmental Planning and Assessment Act.

 

9.2  Consideration of submissions

 

As noted above, no submissions were received in response to the notification/ advertising period.

 

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     Height

 

            The overall height of the development will not be changed as a result of the proposed modification.

 

10.2     Traffic and Parking

 

            Council has adopted the city wide DCP - Parking in relation to the Kensington Town Centre and the Kensington Town Centre DCP references this document for parking provision.

 

            As indicated above, the development provides 113 car spaces (allowing for one space to be allocated as a turning bay) which will provide 5 spaces in addition to the DCP requirement (108 spaces). The proposal includes 17 visitor spaces for the residential component of the development. In addition to this provision, the original proposal utilised the four loading spaces for visitor parking outside of regular business hours. The use of these four spaces would bring the total number of visitor spaces to 21 during the evening period which could be expected to be the period when the biggest visitor parking demand would occur. Condition 8 of the original consent has been modified to reflect the allocation of parking spaces in accordance with the new basement provision.

 

            A bicycle storage area has been provided at basement level 2 and will accommodate the required 30 bicycle spaces for the residential and commercial components of the development. Although the provision of 30 spaces accommodates both residential and commercial requirements it is unsatisfactory to locate bike spaces for the commercial component on the residential parking level. The commercial requirement for bicycles is 1 space. This is not considered to be a significant non-compliance. The bicycle spaces are located on basement level 2, which is not the most convenient location, however the provision of lift access from the basement to street level will assist in ensuring that the bicycle spaces can be accessed quickly and easily by residents.

 

            Council’s Director Assets and Infrastructure has made comment on the proposed modification and provided appropriate conditions.

 

            The proposal is satisfactory with regard to the provisions of Council’s DCP – Parking and the Kensington Town Centre DCP.

 

11.  CONCLUSION

 

            It is considered that the proposed modifications including the increase to the height of the podium level is appropriate on the site given the desired future character of the Centre and the objectives contained Clause 42B of the RLEP and the Kensington Town Centre DCP. The development proposes a building envelope, height and façade treatment that generally meet the criteria and fulfil the objectives contained within the DCP and LEP.

 

            The proposed modification will not have a significant impact on surrounding properties and the proposed increase in the parking provision will result in less parking demand in the surrounding area.

 

As such the application is recommended for approval.

 

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. 195/2003 on property 214-238 Anzac Parade, Kensington in the following manner:

 

1.   Amend Conditions No. 1, 8, 11, 91, 94, 130, 136 and 139 to read:

 

1.         The development must be implemented substantially in accordance with the Issue D of the plans numbered DA01, DA02, Issue C of the plans numbered DA03-DA17 dated 10.06.03 in the amendments box., drawn by Kann Finch Group and stamped received by Council on 12/06/03, and Revision 02A of the landscape plans LA01 and LA02 dated 28.02.03 in the amendments box, drawn by Taylor Brammer and stamped received by Council on 12 March 2003, the application form and on any supporting information received with the application, as amended by the Section 96 plans drawn by Kann Finch Group, Job Number 4988 and Issue A of drawing numbers S9601-S9603, S9606-S9609 dated DEC 2003 and stamped received by Council on 27 September 2004, only in so far as they relate to the modifications which are shaded on the Section 96 plans and detailed in the Section 96 application, except as may be amended by the details approved pursuant to the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

8.         Car Parking is to be allocated as follows:

 

Item

Basement Level 2

Residential

1 b/r

2 b/r

3 b/r

 

23 spaces

13 spaces

12 spaces (incl. spaces 18 and 19 in tandem arrangement)

Visitor

Nil

Item

Basement Level 1

Residential

1 b/r

2 b/r

3 b/r

 

Nil

28 spaces

2 spaces (spaces 18 and 19 in tandem arrangement)

Visitor

12 spaces (including 1 carwash bay) (Spaces 2-12,30)

Commercial/ Retail

5 spaces (Spaces 13-17)

Turning Bay

1 (Space 1)

Item

Ground Level

Residential

1 b/r

 

3 accessible spaces

Loading

4 loading bay spaces (to be signposted as visitor spaces at night)

Commercial/ Retail

6 spaces (incl. spaces 11 & 13 and 12 & 14  in tandem arrangement to be allocated to retail staff and including 2 accessible spaces)

Visitor

5 (including 5 carwash bays)

 

            Details of this allocation are to be provided on the plans submitted with the Construction Certificate application. The four car spaces that comprise the daytime loading bay are to be appropriately signposted to allow for visitor parking from 6pm to 6am, 7 days. Details are to be provided on the Construction Certificate application.

 

            The accessible car spaces are to be appropriately signposted as accessible, including painting with the recognised symbol for accessibility. The residential accessible spaces are to be clearly signposted “Authorised Residents’ Vehicles Only”.

 

            The turning bay is to be clearly signposted with “No Parking At Any Time – Turning Bay” and painted with diagonal yellow lines. Visitor and commercial spaces are also to be clearly marked and  signposted.

 

            This condition is imposed to ensure appropriate allocation of car parking spaces within the development.

 

11.       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               $111,158.42

b)       for the provision or improvement of community facilities   $  49,149.48

c)       for townscape improvements (residential portion)                        $254,376.00

d)       for townscape improvements (commercial portion)                      $  19,092.00

f)        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.

 

91.       A boom gate or similar device to separate the Basement Level 1 residential parking from the commercial and visitor allocation proposed in Condition 8 is to be installed between the column nearest to parking space 1 and the column adjacent to the storage area on this level. The boom gate is to be secured from non-residents using a swipe card or other method. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

94        The applicant shall install suitable traffic control systems on the internal carpark ramps. The traffic control systems shall be suitably designed (by a qualified traffic consultant) to minimise the potential for vehicular conflict along the ramps. The applicant shall submit full design and location details with the construction certificate application for approval by the certifying authority.

 

130.     Six covered car washing bays shall be provided for this development.

 

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

 

b)         The car washing bays must be located outside any required/approved stormwater detention system and must be suitably signposted.

 

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

 

A water tap shall be located adjacent to the car washing bays.

 

136.     The recommendations made in the ‘Report for Council Re- Settlement Effects – Risk Management’ dated 27 July 2004 by DF Dickson and Associates Pty Ltd, Douglas Partners and Robert Bird and Partners, and the Dewatering Feasibility Report prepared by D. F. Dickson and Associates Pty Ltd dated 30 June 2001, shall be adopted. The Construction Certificate plans shall demonstrate compliance with this requirement.

 

139.     Waste management within the development site shall be carried out in general accordance with the details and recommendations of the Waste Management Plan submitted with the development application, (i.e. Appendix E – Waste Management Report prepared by  J D MacDonald and dated June 2003). The applicant shall demonstrate compliance with  the subject Waste Management Plan prior to the issuing of a construction certificate

 

2.   Delete Conditions 3, 92, 101.

 

3.   Add the following conditions:

 

153.     Should the proposed mega drain (for groundwater re-injection) be located outside the site boundaries, written consent from the owners of adjoining properties will be required prior to the commencement of work.

 

154.     Consent from Council will be required prior to installing any monitoring wells, spears or anchors within Council’s footpath area. Consent from Council will also be required prior to Groundwater being discharged into Council’s stormwater system.

 

155.     Consent from the RTA will be required for any works in Anzac Parade.

 

156.     There shall be no groundwater discharged to Council’s stormwater system during major storm events.

 

157.     Any components within the pump room that may be adversely affected by flooding shall be raised to a minimum RL of 25.25 (AHD) or suitably protected from flooding up to this same level.

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

 

 

………………………………

………………………………

 

RACHEL AITKEN

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

16 September, 2004

FILE NO:

D1176/2003/GE

 

PROPOSAL:

 Demolition of the existing dwelling house and associated structures and construct a new two storey multi unit housing development containing four townhouses and basement parking for eight vehicles

PROPERTY:

 22 Minneapolis Cres Maroubra

WARD:

 South Ward

APPLICANT:

 Artech 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 Anthony Andrews, Chris Bastic, Robert Belleli.

 

The cost of works of the development is $600, 000.

                   

The application has been the subject of three sets of amended plans, the final set of plans addresses Council’s concerns in relation to the architecture of the proposed building and consistency with the character of the Coral Sea Park Estate and the variation from the floor space ratio control. The proposal is the subject of continued objection on the grounds of overlooking primarily from balcony areas at the first floor to the western and northern elevations. It is considered that recommended conditions of consent will satisfactorily address these concerns.

 

The application is recommended for approval subject to conditions of consent.

 

2.    THE PROPOSAL

 

The proposal is for demolition of the existing single storey dwelling and erection of a new multi unit housing development containing four townhouses and basement parking for 8 vehicles including one visitor parking space. The four townhouses are to comprise of 4 bedrooms with associated courtyards to side boundaries. Each townhouse shall have two stacked car spaces allocated and associated pedestrian and vehicular access.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Minneapolis Cres between the intersecting streets of Chester Ave and Midway Drive. The site has a total area of 578.89sqm with a frontage of 18.29m, a rear boundary of 12.19m and a site length of 38.470m. The site has a slope of approximately 2m from north to south

 

The site is occupied by a single storey dwelling with basement sub floor area to the rear, a shed to the rear boundary and a hard stand car space forward of the building line.

 

 

These photos show the existing dwelling as viewed from the street and the side passage into the rear yard.

 

 

 

Subfloor area visible to the rear of the dwelling.

 

The surrounding streetscape is comprised of a mix of recently constructed townhouse developments and existing dwelling houses of the Coral Sea Park Estate. Typically the surrounding development follows the built form of the Estate as encouraged in the Multi Unit Housing DCP, that is simple asymmetrical forms including two storeys and a pitched roof with a face brick finish.

 

There are some examples of dormer windows and colour variations from the dominant character of the estate within close proximity to the subject site however these are not considered to alter the dominant character of the streetscape and are considered to have an adverse impact and as such strict adherence to the DCP has been required as part of lodgement of amended plans relating to the built form of the development.

 

 

Southern side of Minneapolis Cres opposite the subject site.

 

Looking east of the subject site along Minneapolis Cres

 

North side of Minneapolis Cres looking east adjacent to subject site.

 

Immediately to the east of the subject site No. 22 Minneapolis Cres is a two storey dwelling which has approval for erection of a two storey 4 townhouse multi unit development with associated basement parking for 8 vehicles. To the west of the site is a two storey multi unit development that is located on the corner of Chester Ave and Minneapolis Cres. To the rear of the subject site No. 1 Midway Drive backs onto the subject site and is also a townhouse development.

 

4.    SITE HISTORY

 

a.           APPLICATION HISTORY

 

A previous application was lodged with Council in 2003 known as DA 90/03 which was the subject of significant objection and planning concerns including built form and amenity impacts to neighbouring properties. The application was withdrawn. A subsequent application, the subject of this assessment report was lodged on the 18 November 2003 as DA 1176/03. A letter of issues was forwarded to the applicant on the 18 February 2004 outlining 3 concerns:

 

·    The attic and associated dormer windows are considered inconsistent with the character of the Coral Sea Park Estate and should be removed.

 

·    The colour scheme as indicated as being of a grey palette is not consistent with the preferred colour scheme of the Estate.

 

·    The front gable and filigree detail needs to be deleted and a simple hipped roof needs to be provided.

 

Based on these concerns amended plans were lodged on the 15 April 2004, these plans did not delete dormer windows and as such were superseded by plans submitted 23 April 2004. These plans were notified to adjoining neighbours and are assessed as part of this report. It should be noted that The Director of Assets and Infrastructure Services (DAIS)  had requested a geotechnical report which was not submitted to Council until the 8 September which is the reason for the delay in the application being reported.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the DCP for Public Notification.  The application was notified twice, and attracted 6 letters of objection. The following submissions were received in relation to the notification of the final amended plans:

 

5.1  Objections

 

J Adamson

1/35 Chester Ave

 

P Matheson

31 Chester Ave

 

J Geok-Thuay Toh & S Cheng

2/35 Chester Ave

 

Parcell Family

33 Chester Ave

 

M & A Primero

3/35 Chester Ave

 

R Wilkinson

5/1 Midway Dr

 

·    I would like the balcony to the rear deleted from the design as it infringes on privacy to the west and the north

 

Comment

 

It is considered that due to the extent of objection to the proposed balconies to the western and northern elevations that these should be deleted. Further discussion on the impact of the proposed balconies is provided within the “Environmental Assessment” section of this report.

 

·    The bathroom windows are to be highlight in design to the western elevation.

 

Comment

 

This will be imposed through condition of consent for an obscure treatment to ensure privacy to neighbours to the west of the subject site.

 

·    Concern for stability of 35 Chester Ave  during proposed construction

 

Comment

 

Standard conditions of consent for construction management shall be imposed as part of this consent including specific requirements for a dilapidation report to be undertaken.

 

·    Request for landscaping to be retained to the rear boundary to afford privacy

 

Comment

 

There will be some trees retained including a Jacaranda to the rear boundary and there will be additional landscaping to the rear boundary including trees which will reach a mature height of between 6-10m and 12-16m.

 

·    Concern for balcony to the western elevation

 

Comment

 

This is discussed in further detail within the “Environmental Assessment” section of this report.

 

·    The site is too small for a multi unit development

 

Comment

 

The site is zoned residential 2b which allows for multi unit development. Whilst it is noted the site is deficient some 1.71m from the preferred site frontage of 20m the variation is relatively minor and the development conforms to the proportions of the site.

 

·    Concern for removal of conifers and request for additional suitable landscape screening

 

Comment

 

It is considered that sufficient mature plantings will be provided within the site as detailed on the submitted landscape plan. It is not clear where the conifers the objector is referring to are positioned, as such a plant species is not detailed on the survey or landscape plan.

 

·    Request deep soil planting along the western boundary

 

Comment

 

Deep soil planting is not provided to the western boundary due to the narrowness of the site however a setback of 500mm will allow for the planting of lilly pillies per the landscape plan. An increased setback would not be possible under the current footprint design. It is noted that the driveway located adjacent to this boundary provides for sufficient separation between the proposed building and the existing units to No. 35 Chester Ave. To the rear of the site private courtyards will allow for increased plantings and a section of deep soil which will allow for mature tree planting.

 

·    Concern for further overshadowing by the proposed reduced setback to western boundary

 

Comment

 

The level of overshadowing can be accurately interpreted by the submitted shadow diagrams as the only modification is the deletion of dormer windows which would not alter solar access significantly. A thorough discussion on solar access is provided under the Environmental Assessment section of this report.

 

·    Loss of trees to footpath

 

Comment

 

Only one street tree is to be removed as part of this application and it is a Gum located where the driveway cross over is proposed. Council’s landscape officers have granted approval for the removal of this tree provided all other street trees are protected.

 

·    Acoustic privacy impacts

 

Comment

 

It is considered that a town house development will not generate an undue amount of noise with the use being consistent with other surrounding townhouse developments within the immediate locality.

 

·    Request a 3m wall along the western boundary

 

 

Comment

 

The height of dividing fence at 3m is not in keeping with DCP however given neighbours to all adjoining properties along the western boundary have requested it such a condition will be imposed for a fence at a height of 2500mm which is considered to achieve the same level of privacy. This wall must not extend past the building line of either 35 Chester Ave or 22 Minneapolis Cres and will be conditioned as such.

 

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:-

 

Assets and Infrastructure Comments

 

An application has been received for construction of a townhouse development at the above site containing 4 townhouses with basement car parking

 

Landscape Comments

 

On Council’s nature strip at the front of the site, there are two (2) recently planted Eucalyptus species (Gum trees) of approximately 2-3 metres in height, which, although immature, appear in good health. The plans show the proposed driveway being located along the western boundary of the site, which will mean the most western street tree will have to be removed in order to accommodate the proposed works.

 

Approval is granted for the removal of the western most street tree in front of the site (at the applicant’s cost), however, the applicant will be required to ensure the protection and retention of the eastern most street tree as part of the proposed works.

 

In the existing rear courtyard, near the centre of the site, there is one Robinia pseudoacacia (Robinia) of approximately 6 metres in height which is covered by Council’s Tree Preservation Order. Although it appears in good condition, it will not be possible to retain this tree and proceed with construction as indicated, and as it is not deemed an overly significant specimen, approval is granted for the removal of this tree subject to an advanced replacement being provided in its place.

 

In the rear yard, near the eastern boundary, there are a group of trees which are covered by Council’s Tree Preservation Order, comprising two (2) Archontophoenix cunninghamiana (Bangalow Palms) of about 4-5 metres in height and one Lagerstroemia indica (Crepe Myrtle). They all appear in reasonable condition and provide partial screening between this site and the adjoining property to the east. It will not be possible to retain these trees and proceed with construction of the pedestrian walkway and raised planters as shown; and as they are not deemed overly significant, approval is granted for the removal of these three (3) trees subject to suitable replacements being provided in their place in this area of the site.

 

In the northwest corner of the site, there is one Jacaranda mimosifolia (Jacaranda) of approximately 5 metres in height and 5 metres in width. It appears in reasonable condition and is covered by Council’s Tree Preservation Order. This tree is sited a reasonable distance away from all proposed construction, and as such, it should be able to be retained as an existing site feature and be incorporated into the proposed development. As such, the applicant will be required to ensure the protection and retention of this tree as part of this application.

 

There are several other trees shown for removal on the plans, however, all of these remaining trees are too small to be covered by Council’s Tree Preservation Order, and as such, do not require Council consent for removal.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

The DPCD is advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the AIS Department has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required submit detailed drainage plans to the PCA for approval prior to the issuing of a construction certificate.

 

A geotechnical report for the above site was received by the AIS Dept on the 13th September, 2004 and an appropriate condition (waterproofing/tanking) has been included.

 

Traffic Comments

 

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 site frontage must be 3.50 metres wide and located at least 1.5 metres clear of the side property boundary. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

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

 

 

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

 

 

 

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

50% of total site area

51.8%

Yes

32 - FSR

0.65:1

0.66:1

No, SEPP 1 objection provided

33 - Building Height

7m external wall

9.5m overall height

5.8m

9.0m

Yes

 

(b).       Development Control Plan No. Multi Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements or preferred solution)

 

 

BUILDING SETBACKS

 

Front  boundary setbacks

P1        The front setback consistent  with streetscape/adjoining dwelling.

Side boundary setbacks

P2        Ensure that:

·     solar access is maintained and overshadowing minimised.

·      privacy between neighbouring dwellings and their own spaces provided.

·      Landscaping and private open space provided.

·      Streetscape amenity is maintained.

 

 

 

 

 

 

 

S2  Zone 2B

Minimum average setback 4 metres from any side boundary.

No part closer than 2.5 metres.

Maximum length one section of wall 10 metres

Minimum length of any step is 3 metres.

 

 

Yes

 

 

 

 

 

 

4m average to western boundary and 2.455 minimum.

 

3.015m average and minimum to eastern boundary.

 

Maximum length of building is 14 without a step which does not achieved preferred solution.

 

 
Rear Boundary Setback

P3        Ensure that:

·     solar access and overshadowing minimised.

·      Privacy between neighbouring dwellings and their open spaces provided.

·      Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

·      Building built across site.

 

S3 Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall  section 10 metres.

Minimum length of any step is 3 metres.

 

 

 

 

Yes, average and minimum of 6m.

 

 

General

P4 Eaves, window hoods and other sun-shading or weather protection pose no significant adverse impact on  adjoining properties.

 

 

S4  No device may encroach no more than 25% of the Preferred Solution.

 

 

Yes

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Yes.

 

FENCES

 

P1  

·     Front fences consistent  with  streetscape.

·     Entrances highlighted.

·      Planting used to soften and provide privacy.

 

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

 

 

Yes, by condition of consent

 

LANDSCAPING AND PRIVATE OPEN SPACE

 

Landscaped Areas

P1 Sufficient size allow recreational activities and substantial vegetation.

 

 

S1  Minimum for landscaped area 2 metres.

 

 

Yes

 

 

Private Open Space

General

P3   

·      Provides privacy.

·     is accessible from main living areas.

 

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

 

 

 

 

Yes

 

 

 

 

Yes

 

 

Townhouses, row housing, villa housing etc

P5  Dwellings provided with useable private open space at ground or podium level.

 

 

 

S5  Minimum area of 25 m2 of private open space with minimum dimensions of 3m x 4m.

 

 

 

No, units 1 and 2 have 22sqm, performance requirements are satisfied.

 

PRIVACY

 
Visual Privacy

 

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

 

 

 

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

 

 

 

Yes subject to conditions of consent deleting balconies and privacy treatment to bathroom windows.

 

P2 Private open space design and location ensure privacy.

 

Yes

 

 

 
Acoustic Privacy

 

P3 Building layout and design minimises noise transmission. of noise.

“Quiet areas” separate noise generating activities.

 

P4 Building construction minimises transmission of noise.

 

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

 

 

 

 

S4 Walls and floors insulation and sound consistent with

Building Code of Australia.

 

 

 

 

Standard conditions of consent requiring development to comply with BCA for sound attenuation.

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

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

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

P1.3 At least 50% of the principal landscaped areas of neighbours have sunlight less than 3 hours per day.

* If less than this is available the new development is not to reduce this further.

 

 

 

Yes

 

 

 

 

Yes

 

 

Yes

 

 

 

Building Layout, Design and Construction

 

P4 Protect from prevailing strong winds and adverse weather.

·     Living areas are orientated to       the north.

·     Larger windows are located on the north.

 

 

 

 

S94 75% of dwellings achieve 3.5 star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars.

The Nat HERS rating for each dwelling (on a typical unit basis) is provided with the application.

 

Note:

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

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

SAFETY AND SECURITY

 

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

P3 High walls and structures avoided.

P4 Resident car parking has security grilles or doors.

P5 Visitor parking spaces clearly identifiable.

P6 Adequate lighting for personal safety and security provided.

P7 External lighting not intrusive.

 

 

Yes

 

PARKING

 

 

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

 

 

 

Yes

 

 

 

Yes

 

 

Note:  The parking requirements are set in Randwick Parking DCP. The requirements are:

 

3 or more bedroom   

1.5 spaces per dwelling
dwelling                               

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes, 7 spaces provided.

 

 

 

Visitor parking is 1 space  per 4 dwellings.

 

 

Yes

 

DRIVEWAYS AND MANOUVERING AREAS

 

P1 Driveways and manoeuvring areas minimised.

 

 

Yes

 

 

P2 Vehicles enter/ leave in a forward direction.

 

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

 

Yes

 

 

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

 

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

 

Yes

 

 

P6  Driveway gradients safe.

 

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

 

Yes

 

STORAGE

 

P1 Accessible and separate storage for each dwelling.

 

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

 

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

 

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

 

 

Yes

 

 

 

 

 

Ye

 

 

 

 

 

 

 

Yes

 

WASTE MINIMISATION AND MANAGEMENT

 

P1 Waste collection and separation facilities are  provided.

 

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

Holding at least a single day’s waste.

Landscaped areas provide composting.

 

Yes

 

 

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

 

 

Yes

 

P3  Collection  facilities  complement design of t and is not obtrusive.

S3  Waste facilities not to  be located between the front alignment of the building and the road.

Yes per condition of consent.

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1       Density

 

The subject site is zoned residential 2B under LEP 1998 as such the site has a maximum permissible FSR of 0.65:1. The proposed multi unit development has a FSR of 0.66:1 which represents a minor variation from the maximum permissible however a SEPP 1 objection must be submitted for any variation from a development standard contained within an LEP. The SEPP 1 objection submitted with the application objected to strict compliance with the numerical standard on the following basis:

 

·    The site is zoned to accommodate medium density housing and promotes a variety of dwelling types. Compliance with the numerical requirements is not necessary to achieve superior design whilst at the same time addressing the objectives of the Residential 2B zone.

·    The site and locality have no heritage status and the site is extremely well served by public transport as well as retail, commercial and community uses. Accordingly promotion of residential development of higher densities satisfies broader integrated land use and planning objectives.

·    The development will sit comfortably within the existing and future urban context as the majority of existing buildings are multi unit development of similar height and scale to that proposed.

·    The proposed development maintains the existing established building line and provides adequate side and rear boundary setbacks, consistent with the character of the area and existing development on neighbouring properties.

·    The proposal will enhance the existing streetscape by providing landscaping opportunities and a contemporary style of architecture modulated by building forms

·    The development incorporates principles of sustainable development including energy efficiency, solar access and cross flow ventilation

·    The FSR proposed will not adversely impact on environmental amenity including

-     Overshadowing, acoustic and visual privacy

-     Streetscape

-     Views and outlook

-     Traffic and parking

-     Urban form and quality

-     Landscaping

 

The proposal meets the objectives of the LEP generally and the specific objectives of the standard. Further it will be noted that the development will not give rise to material impact in relation to the matters set out in the performance criteria of that clause. Thus strict application of the standard in the circumstances of the case may be considered unnecessary and unreasonable.

 

In considering the objective of the development standard, a development should reduce the potential for adverse impact on nearby and adjoining development whilst still providing reasonable levels of development. It is considered that the minor increase of some 9sqm above that which is permissible can be supported.

 

The plans as originally submitted proposed an FSR of 0.8:1 due to the provision of floor area within the attic space for each townhouse, with the deletion of the attics the FSR was reduced to 0.66:1. This minor variation does not result in any amenity impacts. The primary concern for amenity impacts is overlooking which is not generated by the additional floor area rather by balconies which are to be deleted through recommended conditions of consent.

 

The FSR variation is very minor representing some 9sqm of additional floor area approximately 2sqm per townhouse which is a negligible increase and unlikely to be noticed within the context of the streetscape or from adjoining properties.

 

The FSR calculations based on the final plans excluded an attic space retained to townhouse 2. This attic space has been retained despite there being insufficient head height to use the area for anything other than storage purposes. As such it is considered that the 25sqm of storage space can be excluded from FSR calculations as it is less than 2.1m distance from floor level to underside of ceiling and as such is not considered floor area per the definition of gross floor area (LEP 1998). In accordance with the possible use of this roof space under the BCA the permanent stairs shall be deleted from the plans by condition of consent and replaced with a pull down ladder consistent with the use of a storage area.

 

The proposed density for the site is considered to be consistent with the bulk and scale of adjoining developments within the locality. There are no anticipated amenity impacts from the minor increase in floor area and the arguments provided as part of the SEPP 1 objection are considered to be generally well founded. As such the SEPP 1 objection is supported and strict compliance with Clause 32 Floor Area of Local Environmental Plan 1998 is considered to be unreasonable and unnecessary.

 

8.2       Privacy

 

Each townhouse has been provided with living areas located to ground floor with bedrooms at first floor level. As such overlooking from the ground floor is restricted by the provision of dividing fences and landscaping at a height which will interrupt sightlines. At the first floor level bedrooms, which are generally considered to be low usage rooms and as such to have reduced opportunity for overlooking, are provided. The applicant has provided highlight windows to these bedrooms so as to reduce overlooking over neighbouring properties. Bathroom windows have not been shown as having an obscure glass treatment and therefore will be conditioned to have such a treatment.

 

The main opportunity for overlooking from the first floor is off balconies which are provided off bedroom 1 of town house 3 (western elevation), bedrooms 1 and 3 of town house 4 to the northern elevation and bedroom 2 of town house 2 to the eastern elevation. These balconies have been fitted with louvered privacy screens however neighbour objection remains from primarily the northern and western elevations. It is considered that the louvered screens will still allow for some sightlines to be possible to neighbouring properties which are located at minimal distances from neighbouring properties, at 3.5m and 5.3m respectively. These balconies are partially cantilevered over the ground floor footprint which does not enhance the built form of the development. It is considered that these balconies at first floor level should be deleted per condition of consent to satisfy concerns by neighbouring properties and to simplify the built form of the development consistent with the character of the Coral Sea Park Estate.

 

8.3       Built form and Coral Sea Park Estate

 

The proposal in its original form per DA 90/03 and the plans submitted in November for this application had a built form that was in conflict with the defined character of the Coral Sea Park Estate as identified in part 6.3 Coral Sea Park Estate of Multi Unit Housing Development Control Plan. After discussion with the applicant amended plans were requested which were submitted on the 23 April 2004 and ensured that the proposal was closer to the preferred built form of the locality. One aspect of the development which remains in consistent with the built form characteristics of the estate is the cantilevered balconies to the first floor. As mentioned above under the Privacy section of this report these balconies are recommended to be deleted.

 

Balconies are detailed to the facade of the development overlooking the street and are to be retained as they are not inconsistent with other developments within the estate where balconies are provided to the street elevation. As the proposed balustrade is solid in design and balconies are not cantilevered, these balconies will be consistent with a symmetrical façade characteristic of the estate.

 

The proposal including recommended conditions of consent is considered to satisfy the objectives of Part 6.3 Coral Sea Park Estate of Multi Unit Housing DCP whereby:

 

·    The new development reflects the scale and massing of existing development within the estate

·    The new development maintains the characteristic of building setbacks and garden areas prevalent throughout the estate

·    The planned neighbourhood and garden suburb characteristics of the estate.

 

The overall built form of the development corresponds in architectural detailing to the design of adjoining townhouse developments that have been recently constructed or approved within the immediate streetscape and this section of the Estate. The built form incorporates face brick, simple symmetrical massing and a hipped roof of a scale, design and finish characteristic of the Estate. No concerns are raised with the proposed built form of the development subject to the recommended deletion of first floor balconies.

 

8.4       Setbacks and Building Length

 

Side setbacks do not comply with the preferred solution as set out in Part 3.3 Building Setbacks of DCP Multi Unit Housing. The control is for a minimum of 2.5m to any side boundary and an average setback of 4m. To the western elevation the average setback is achieved however the minimum is slightly deficient at 2.455m. This deficiency is considered negligible where the building provides adequate separation to the western boundary.

 

To the eastern boundary there is less articulation provided so that the average setback is 3m and the minimum 2.5m. The minimum side setback achieves the preferred solution however the average is deficient by 1m. This variation is considered to satisfy the performance requirements and objectives of the control where adequate separation between buildings for landscaping and visual and acoustic privacy, sunlight penetration and private open space is provided. To the eastern boundary opportunities for landscaping are provided and the design of the first floor ensures that sufficient privacy can be achieved. The setbacks are considered to match the dominant pattern of setbacks within the streetscape and to ensure the amenity of the streetscape is maintained. Given the narrow width of the site increasing side setbacks to achieve the preferred solution for average setbacks would result in a substandard internal layout and would not improve the relationship of the development to it neighbours and immediate surrounds.

 

Objection has been received from neighbouring properties in relation to the minimal distance between the driveway and the western boundary of some 500mm. Side setbacks as defined under Multi Unit Housing DCP are from a boundary to the side elevation. The minimal separation between the driveway and the boundary does not represent a variation from side setbacks and there is no technical control specifying a minimum distance, as such the objections raised have been considered on their merits. Some landscaping is available in this 500mm separation which will soften the appearance of the driveway and coupled with the provision of a dividing fence the driveway should not have a critical impact to the amenity of neighbouring properties. The use of the driveway will be minimal as it services as vehicular entry for only four units. There is no reasonable alternative location for the driveway and provided that dilapidation report and structural safety conditions are imposed to ensure safety to adjoining buildings there is no unreasonable impact envisaged from this driveway and associate excavation for the car park.

 

The DCP specifies a preferred maximum length of wall without a step/articulation of 10m. The development varies this preferred maximum length with one length of wall achieving 14m without a step. It is considered that overall the development provides for a good level of articulation and wall modulation and the building footprint relates adequately to site conditions. As such this variation can be supported where the performance requirements of building setbacks are satisfied by this proposal.

 

8.5       Landscaped Areas and Private Open Space

 

The proposed landscaped area exceeds 50% at 51.8% and 76% of this area is dedicated to permeable landscaping. Accordingly landscaped areas achieve the development standard of Clause 31.

 

The DCP for Multi Unit Housing specifies that a minimum of 25sqm of private open space be provided for each townhouse unit. The proposal is deficient in permissible private open space for townhouses 1 and 2 where 22sqm are provided rather than 25sqm. This variation is considered minor and as sufficient dimension is provided within the courtyard areas and balconies of 5.25sqm are provided at first floor level overlooking the street the performance requirement for providing sufficient recreation areas for each dwelling is achieved.

 

Townhouses 1 and 2 have private courtyard areas provided forward of the building line to the street. Typically private open space forward of the building line is not encouraged unless the design is sufficient as to provide adequate privacy and the relationship to the street is sympathetic. The design of the courtyard areas are considered to respond positively to the streetscape and there is an established precedent within the Estate for providing recreation areas forward of the building line, as such these courtyard areas are considered acceptable.

 

8.6       State Environmental Planning Policy No. 65

 

The original plans would have required referral to the Design Review Panel and assessment under SEPP 65 however with the amended plans deleting the dormer windows and attic level the building is only two storeys and as such the SEPP is not applicable.

 

8.7       Solar Access

 

Shadow diagrams submitted with the application indicate that at the winter solstice at 9am the primary shadow will fall over the front of the subject site towards the street and over the setback of the western boundary with Nos 35 and 33 Chester Ave. At 12 noon the shadow will fall over the subject site primarily to the front of the property and the setback to the eastern boundary with No 24 Minneapolis Cres. At 3pm the shadow will fall over the western elevation of No. 24 Minneapolis Cres and affecting west facing windows over the ground and first floor. It is considered the degree of overshadowing to neighbouring properties is not unreasonable and sufficient solar access can be achieved throughout the winter solstice in keeping with the preferred solution of Part 4.4 Solar Access and Energy Efficiency of DCP for Multi Unit Housing.

 

9.    CONCLUSION

 

The proposed development subject to conditions of consent is considered to satisfy the performance requirements and objectives of the development standards contained within LEP 1998 and DCP Multi Unit Housing. The proposal will be consistent with the character of the Coral Sea Park Estate and the streetscape of Minneapolis Cres. Subject to conditions of consent the amenity of neighbouring properties will be maintained and it is considered that all reasonable objections raised have been resolved. The application is recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council support the SEPP1 objection and assume the concurrence of the Director of Infrastructure Planning and Natural Resources to vary the provisions of Clause 32 Floor Area of the Randwick Local Environmental Plan 1998 (as amended) on the grounds that the proposed development complies with the objectives of the clause and will not adversely affect the amenity of the surrounding locality.

 

B.      THAT Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to Development Application No. 1176/2003/GE for demolition of the existing dwelling house and associated structures and construct a new two storey multi unit housing development containing four townhouses and basement parking for eight vehicles at 22 Minneapolis Cres Maroubra, subject to the following conditions:

 

Deferred Commencement Conditions

 

The consent shall not operate until the following amendments and details have been submitted to and approved by the Director of Planning and Community Development:-

 

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

 

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

 

2.       A 2.5m wall to the eastern boundary shall be erected behind the building line of the subject site and 35 Chester Ave. This wall is to provide privacy between the courtyard areas of the subject site and adjoining neighbours to the west.

 

3.       The bathroom windows to the first floor shall have an obscure treatment to maintain privacy to neighbouring properties.

 

4.       Access to the roof space of townhouse 2 shall be by pull down ladder only in keeping with the use of the attic as a storage area.

 

5.       The balconies off bed 1 townhouse 3, bed 1 and 3 townhouse 4 and bed 2 townhouse 2 shall be deleted from the plans. The doors located off these balconies shall be converted to windows with a sill height of 1.5m from finished floor level of the first floor.

 

Development Consent Conditions

 

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

 

REFERENCED PLANS:

 

1.     The development must be implemented substantially in accordance with the plans numbered Job 0387 Plan A01 through to A05 dated 25/3/04 and submitted 23/4/04 and A05 and 06 dated 25/3/04 and submitted 20/05/04, the application form and on any supporting information received with the application, except as may be amended by the following conditions and details/amendments approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

ENVIRONMENTAL AMENTITY:

 

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

 

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

 

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

 

5.       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.

 

6.       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.

 

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

 

8.       The fence on the street alignment is to be a maximum height of 1m to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

ECOLOGICALLY SUSTAINABLE DEVELOPMENT & ENERGY EFFICIENCY: 

 

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

 

9.       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.

 

10.     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.

 

11.     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.

 

12.     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.

 

13.     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.

 

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

 

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

 

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

 

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

 

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

 

SECTION 94:

 

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

 

16.     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               $ 8,190.00

b)       for the provision or improvement of community facilities   $3,624.00

c)       Administration fee..............................................                         $   425.00

 

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

 

17.     A development application and a formal subdivision application is required to be submitted to and approved by the Council and all conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

18.     Public access to the visitor’s car parking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the car park, together with appropriate signage providing instructions for use.

 

19.     A mailbox shall be provided to the front of the site in accordance with the requirements of Australia Post.

 

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:

 

20.     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.

 

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

 

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:

 

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

 

23.     There are to be no emissions or discharges from the premises which will give rise to an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

24.     The location and height of the discharge of mechanical ventilation systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be provided in the relevant plans / 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:

 

25.     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.

 

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

 

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

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

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

30.     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.

 

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

 

a.            the premises adjoining the subject site in Chester Avenue and Minneapolis Crescent

 

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

 

33.     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.

 

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

 

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

 

35.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

36.     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.

 

37.     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.

 

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

 

39.     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).

 

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

 

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

 

·          Sediment control measures.

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

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

 

42.     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 protected to prevent them from being dangerous to life or property. 

 

43.     Retaining walls or shoring 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, if the soil conditions require it, and adequate provisions are to be made for drainage.

 

44.     Retaining walls and shoring are to be designed and installed in accordance with the relevant requirements of the Building Code of Australia and Australian Standards and details of any proposed retaining walls are to be submitted to the Principal Certifying Authority for consideration prior to installation.

 

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

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

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

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

 

46.     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.

 

47.     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.

 

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

 

b.   car parking and vehicular access

c.   landscaping

d.   stormwater drainage

 

49.     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:

1.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.

2.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.

 

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

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

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

 

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

 

57.     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.

 

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

 

59.     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.

 

60.     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.

 

61.     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”.

 

62.     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.

 

63.     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

 

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

 

65.     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.

 

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

 

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

 

68.     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.

 

69.     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.

 

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

 

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

 

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

 

71.     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.

 

72.     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.

 

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

 

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

 

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

 

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

 

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

 

76.     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.

 

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

 

Security Deposit Conditions

 

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

 

78.       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)         $1000.00         -           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.

 

Traffic conditions/Civil Works Conditions

 

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

 

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

 

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

 

ii.       Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

iii.      Re-construct a kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

 

iv.      Carry out a full depth 1.00m metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

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

 

80.     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.

 

81.     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.

 

82.     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.

 

83. The driveway opening at the site frontage must be 3.50m metres wide and located at least 1.5 metres clear of the side property boundary. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

Alignment Level Conditions

 

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

 

84.     The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

85.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

86.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $604.00 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.

 

Service Authority Conditions

 

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

 

87.     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.

 

88.     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.

 

89.     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.

 

90.     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.

 

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

 

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

 

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

 

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

 

Drainage Conditions

 

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

 

92.     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.

 

93.  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.

 

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

 

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

 

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

 

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

 

OR

 

All site stormwater must be discharged by gravity via a private drainage easement through an adjoining private property (or properties) to the kerb and gutter or drainage system. This condition is required to provide a  satisfactory overland flow route should a storm in excess of the above parameters occur.

 

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

 

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

 

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

 

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

102.   Stormwater pipes shall be located in accessible locations.

 

103.   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.

 

104.   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; and

 

·    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 located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar).

 

·    A child proof and corrosion resistant fastening system for the access grate (spring loaded j-bolts or similar).

 

·    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.

 

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

 

106.   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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    The location of the detention basin with finished surface levels;

·    Finished site contours at 0.2 metre intervals;

·    Volume of storage available in the detention areas;

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

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

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

 

109.   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.

 

110.   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).

 

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

 

Waste Management Conditions

 

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

 

112.   The garbage room areas will have to be designed so as to be able to contain a total of 4 x 240 litre bins (2 garbage bins & 2 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.

 

113.   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.

 

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

 

Landscape Conditions

 

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

 

115.   The landscaped areas shown on the sheet number LSK-01, job number 03.759 dated 11.12.03, drawn by Arttech Design & Construction Pty Ltd shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority prior to the issue of a construction certificate. Should Council not be the certifying authority, the applicant will still be required to forward a copy of the approved plans to Council for our records, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.         The landscape plan shall show a minimum number of 4 x 100 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 paved areas not over slab. Details are to be provided with the construction certificate application.

 

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

 

l.          In order to provide reasonable levels of screening and privacy between this site and adjoining properties to the west, north and east, perimeter planting shall be provided along these boundaries using an advanced species that is capable of attaining a minimum height at maturity of 3 metres.

 

116.   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.

 

117.   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.

 

118.   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.

 

119.   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.

 

120.   In order to visually 'soften' the expanses of hard pavement, brick unit pavers, stenciled concrete (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.

 

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

 

122.   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.

 

123.   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

 

124.   The applicant shall submit a total payment of $639.50 to Council,

 

a.         Being the cost for Council to supply and install 1 x 45 litre street tree (Eucalyptus species , Gum tree) towards the eastern boundary of the site at the completion of all works ($145.00 + GST)

 

b.         To compensate Council for the loss of amenity caused by the removal of the street tree ($480.00). Due to the small size of this tree the applicant will not be charged for removal costs.

 

The contribution shall be paid into Tree Amenity Income Code R39 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.

 

125.   Approval is granted for the removal of the following trees subject to the planting of 4 x 100 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

·    The western most Eucalyptus species (Gum tree) on Council’s nature strip

·    One Robinia pseudoacacia (Robinia) near the centre of the site

·    Two Archontophoenix cunninghamiana (Bangalow Palms) along the eastern boundary

·    One Lagerstroemia indica (Crepe Myrtle) along the eastern boundary

 

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

 

Tree Protection Measures

 

127.   In order to ensure the retention of the most eastern Eucalyptus species (Gum tree) located on Council’s nature strip in good health, the following measures are to be undertaken:

 

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

 

b.         The tree is to be physically protected by the installation of protective fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1.5 metres from the outside edge of the tree trunk.

 

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

 

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

 

d.         Any excavations required for structures, paving etc within 2 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

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

 

128.   In order to ensure the retention of the Jacaranda mimosifolia (Jacaranda) tree located in the northwest corner of the site in good health, the following measures are to be undertaken:

 

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

 

b.         Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels within a radius of 3 metres from the outside edge of the tree trunks.

 

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

 

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

 

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

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

e.         Any excavations required for footings, structures, pipes, detention tanks, stormwater infiltration systems, paving etc within 3 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

f.          The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

g.         Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

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

 

i.          A refundable deposit in the form of cash or cheque of $1,720.00shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

1

 

Jacaranda mimosifolia (Jacaranda)

 

$1,720.00

 

 

 

TOTAL

 

$1,720.00

 

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

 

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

 

129.   A refundable deposit in the form of cash or cheque for the amount of $4,000.00 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.

 

130.   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.

 

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:

 

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 E1                           Fire fighting equipment

b. Part E2                           Smoke Hazard Management

c. Part E4                           Emergency lighting, exit signs and warning systems

a. Clause C3.2&C3.4         Protection of openings in external walls

d. Part F4                           Light and ventilation

e. Part F5                           Sound Transmission and Insulation

f.Part B1                            Structural provisions

g.Part C1                           Fire resistance and stability

h. Part C3                          Protection of openings

 

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.

 

ATTACHMENT/S:

 

Architectural plans

 

 

 

 

 

 

………………………………

………………………………

 

AOIFE WYNTER

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

28 September, 2004

FILE NO:

307/2004

 

PROPOSAL:

 Section 96 application seeking consent to delete condition 6 of Development Consent No. 307/2004, relating to the depth of the rear first floor balcony.

PROPERTY:

 19 Balfour Road, KENSINGTON.

WARD:

 West Ward

APPLICANT:

 Angela Schiano.

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The Section 96 application seeks consent to delete condition 6 of Development Consent No. 307/04 which required the reduction in the depth of the balcony from 2m to 1m to maintain reasonable levels of privacy to the adjoining premises.

 

The application is referred to Council for determination at the request of Councillors Nash, Belleli and Notley-Smith.

 

The main issue is the impact of the proposed development upon the privacy and amenity of the adjoining premises.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The original development consent detailed alterations and a first floor addition to the existing dwelling including a balcony to the rear of the addition, a new garage and pergola at rear ground level of the dwelling. Consent was granted subject to conditions on the 29th July 2004.

 

Condition 6 of development consent stated;

 

“The size of the proposed rear first floor balcony is to be reduced in depth from 2m to 1m, to maintain reasonable levels of privacy to the adjoining properties. Details of compliance are to be provided in the construction certificate plans.”

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is within the West Kensington Heritage Conservation area on the eastern side of Balfour Road between Todman Avenue and Addison Street. The site is presently occupied by an existing single storey dwelling of the typical double fronted Federation style bungalow. The site has a street frontage of 15.24m with a depth of 45.265m with a site area of 689sqm. Immediately adjoining the premises are single storey dwellings.

 

4.         SECTION 96 ASSESSMENT:

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with: -

 

4.1       Substantially the Same Development:

 

The proposed modification seeks the reconsideration of a condition of consent only, which by it’s deletion would not result in the development being substantially different from that originally approved.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP-Public Notification. The following submission was received:

 

5.1  Objection

 

A & D Hatsatouris of 17 Balfour Road Kensington

 

-reiterates the original objection that the balcony to the rear of the premises will result in overlooking of their premises.

-the examples of other balconies provided by the applicant were built some time ago when circumstances were different.

 

Comment:

 

It is considered that the objectors concerns are valid and that a reduction in depth to the balcony is a reasonable compromise to allow the occupants a balcony and maintain a reasonable level of privacy to the adjoining premises.

 

6          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

 

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

 

6.1       Policy Controls

 

●          Development Control Plan for Dwellings and Attached Dual Occupancies

 

7          ENVIRONMENTAL ASSESSMENT

 

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

 

7.1       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, and the performance requirements include that overlooking of adjoining premises is minimised by the design and placement of balconies and where necessary screening devices be employed.

 

It is considered in this instance that the originally proposed balcony having a depth of 2m would result in a significant loss of privacy to the adjoining premises due to its proximity and ability to overlook yards adjoining the subject site, does not satisfy the objectives of the DCP. Therefore the reduction in depth of the balcony to 1m, is considered a acceptable compromise to provide amenity for the occupants and maintain a reasonable level of privacy to the adjoining premises.

 

The proposed modification has been assessed and it is considered that the deletion of the condition of consent requiring the depth of the balcony to be reduced to 1m would result in an unreasonable loss of privacy to the adjoining premises.

 

8          CONCLUSION

 

The deletion of condition 6 of development consent which requires the reduction in depth of the balcony will result in an unacceptable adverse impact upon the privacy and amenity of the adjoining premises.

 

The application is recommended for refusal.

 

RECOMMENDATION:

 

THAT Council as the consent authority, refuse consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to delete condition 6 of Development Consent No 307/04 for permission to carryout alterations and additions to the dwelling at 19 Balfour Road Kensington for the following reason:

 

1.         The removal of condition 6 of development consent which requires that the depth of the rear upper level balcony be reduced will result in an unacceptable impact upon the amenity and privacy of the adjoining premises and does not satisfy the objectives, performance requirements and preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies.

 

ATTACHMENT/S:

 

Nil.

 

 

 

 

 

 

………………………………

………………………………

ROMAN WERESZCZYNSKI

PERRY HEAD

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

20 September, 2004

FILE NO:

DA 671/04

 

PROPOSAL:

 New hardstand carspace to front of dwelling

PROPERTY:

 16 Holmes Street Kingsford

WARD:

 Central Ward

APPLICANT:

 M Lawson

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application details the installation of a hardstand car space between the front of the dwelling and street alignment.

 

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

 

The main issue is the impact of the installation of the carspace upon the appearance of the dwelling and the local streetscape and non compliance with the objectives and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies.

 

The application is recommended for refusal.

 

 

2.    THE PROPOSAL

 

The application details the installation of a hard stand parking space to the front of the dwelling having overall dimensions of 3m x 4.625m, sited 900mm from the eastern side boundary and 2.4m from the western side boundary.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is on the northern side of Holmes Street and has a site frontage width of 6.2m and depth of 38.1m with an overall site area of 236sqm, and contains a single storey semi detached dwelling, which together with the adjoining semi detached dwelling is in original condition and represents a good intact example of these style of dwellings.

 

4.    SITE HISTORY

 

There are no other relevant matters relating to this premises.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP – Public Notification, no response has been received.

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)          Randwick Local Environmental Plan 1998

 

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

 

6.1  Policy Controls

Development Control Plan for Dwellings and Attached Dual Occupancies

 

CONTROLS

RELEVANT PERFORMANCE REQUIREMENTS

RELEVANT PREFERRED SOLUTIONS

COMPLIANCE WITH CONTROLS

Landscaping and open space

P1- the size and dimensions of landscaped areas suit the projected requirements of the dwelling occupants.

 

P6-unpaved or unsealed landscaped areas are maximised and designed to facilitate infiltration of water.

S1- a minimum of 40% of the site area is provided as landscaped area.

 

S6-a minimum of 20% of the site has permeable, soft landscaped treatment

Complies

 

 

 

 

Complies, 40% of site area soft landscaping.

Garages, carports and driveways

 

 

P1-conveniently and safely serve users.

 

P2-not dominate or detract from the appearance of the development and the local streetscape.

 

P3-car parking areas are designed to facilitate stormwater infiltration on site.

 

P4-uncovered car parking areas are suitably landscaped to enhance amenity.

S1-car parking spaces have a minimum dimensions of 5.5m x 2.5m. Driveways have a minimum width of 3m and are setback at least 1m from the side boundary.

 

S2-driveways, car spaces and parking structures not occupy more than 35% of the width of the site.

Car parking dimensions do not satisfy minimum dimensions and is sited closer than 1m from the side boundary, see comment in Section 7.

 

Does not comply, 50% of the width of the site see comment in Section 7.

 

 

 

Does not comply, see comment in Section 7.

 

7.    ENVIRONMENTAL ASSESSMENT

 

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

 

The proposed hard stand car space to the front of the dwelling fails to satisfy either the performance requirements or preferred solutions of the DCP in the following circumstances. The removal of a portion of the existing masonry dwarf wall to the front boundary which extends across the pair of semis will detract from both the appearance of the pair of dwellings and the streetscape and the carspace has no landscaping component and will not facilitate stormwater infiltration. The overall dimensions of the car space having a maximum depth of 4.625m is well below the minimum depth of 5.5m as stipulated in the preferred solution of the DCP and the width of the allotment that would be occupied by the carspace is almost 50% which exceeds the preferred solution maximum of 35%.

 

Further, the installation of a carspace to this premises will resulting the loss of a public parking space in the street.

 

8.    CONCLUSION

 

The proposal to construct a hardstand car space within the front building alignment is contrary to Council’s Development Control Plan – Dwelling Houses and Attached Dual Occupancies Section 4.7.2, in that the carspace does not satisfy the minimum dimensions as detailed in the preferred solutions of the DCP, does not include any landscaping component or method of stormwater infiltration and occupies more than 35% of the width of the site. 

 

The application is recommended for refusal.

 

RECOMMENDATION:

 

THAT Council as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.671/04 for permission to install a hard stand carspace to within the front yard of 16 Holmes Street Kingsford for the following reasons: -

 

1        The proposed carspace does not comply with objectives of part 4.7.1 of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the carspace will detract from the local streetscape.

 

2        The proposed  carspace does not comply with the performance requirements of part 4.7.2 of the Development Control Plan for Dwellings and Attached Dual Occupancies in that it will detract from the appearance of the development, and has no landscaping component to enhance visual amenity.

 

 

3        The proposed carspace does not comply with the preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the carspace depth of 4.625m is below the required minimum of 5.5m, is sited closer than 1m from the side boundary and exceeds the maximum preferred width of 35% of the allotment.

 

4        Approval of the carspace would not be in the public interest in that it would set a poor precedent and the proposal will result in a loss of an on street parking space.

 

ATTACHMENT/S:

 

A4 plans

 

 

 

………………………………

………………………………

 

PERRY HEAD

DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

22 September, 2004

FILE NO:

03/00715

 

PROPOSAL:

 Use public bar of Coach and Horses Hotel for a place of public entertainment from 6.00pm to midnight on Thursdays to Sundays

PROPERTY:

 147 Avoca Street, Randwick

WARD:

 North Ward

APPLICANT:

 Troy Williams C/- Yardy Legal Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Bradley Hughes, Murray Matson, Margaret Woodsmith.

 

The site is located on the corner of Avoca Street and Alison Road and contains a three storey building which is used as a hotel, known as the Coach and Horses. The intersection of Alison Road and Avoca Street is a busy pedestrian and vehicular thoroughfare and contains a variety of commercial premises. The area consists primarily of commercial uses to the west of Avoca Street and along Alison Road and residential uses to the east of Avoca Street beyond the commercial buildings.

 

The proposal is to use the public bar area of the existing hotel for the purposes of public entertainment. Entertainment proposed is in the form of karaoke, trivia competitions, “disc jockey” (DJ) music and solo/duet performers playing mainly amplified instruments such as guitars. The proposed hours are 6.00pm to 12 midnight on Thursdays to Sundays.

 

The proposed development was notified and advertised to the surrounding area and 14 individual objections were received as well as three proforma letters signed by 16 people in total and a petition signed by 11 people. The objections were concerned mainly with noise, parking, traffic issues, hours of operation, security, crime, safety, breach of licence, poor behaviour, and an exacerbation of existing problems associated with the hotel.

 

The proposed place of public entertainment has the potential to adversely impact on the amenity of residents in the area.  However the impact may be ameliorated to an acceptable level with the imposition of conditions restricting noise levels, hours of operation, and numbers of patrons.

 

It is also recommended that the use of the public bar for the purpose of public entertainment should be limited for a trial period of 12 months to allow for a review of its operation and determine whether the residential amenity of the area will not be adversely affected by the ongoing use of the hotel for public entertainment.

 

2.    THE PROPOSAL

 

It is proposed use the public bar area of the existing hotel as a place of public entertainment from 6.00pm to Midnight on Thursday to Sunday evenings. The types of entertainment include karaoke sessions and competitions, trivia competitions, DJ’s playing music and solo performers/duets performing mainly amplified acoustic instruments such as guitars.

 

A plan of management has been submitted which details the proposed operation, including amenity of neighbourhood, behaviour of patrons, waste removal, maintenance, house policy, responsible service of alcohol, identification and admission policy, illegal drugs, gambling, noise, security and safety, security officers duties, door policy/dress code, ejection of patrons, occupancy and queuing, theft, weapons, operational procedures, incident reports and registering complaints.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southeastern side of the intersection of Alison Road and Avoca Street, Randwick. The site contains a three storey hotel that occupies the whole site and is identified as an item of local heritage significance.  The hotel contains a bar, games room, gaming lounge, dining area, bottle shop and toilets. The site is a regular rectangular shaped allotment with an area of  774.3 sq.m. with a 39m frontage to Alison Road and an 18m frontage to Avoca Street. The site contains no parking and no vehicular access is available to the site.

 

Adjacent development to the south along Avoca Street is a two storey commercial building containing three tenancies which are all restaurants. Adjacent to this is a proposed mixed use residential and commercial development that is under construction. Adjacent development to the east of the site along Alison Road is a three storey residential flat building and residential development generally cascades down Alison Road to the east. Across Avoca Street to the north of the site is a three storey corner building that contains a laundromat and take away food outlet on the ground floor fronting Avoca Street and the rest of the building is residential – a large portion of which faces the hotel from across Avoca Street. Development across Avoca Street to the west is primarily commercial uses contained in three storey buildings including a chemist, bookstore and restaurants. The former post office (two storeys) and a Telstra building are located on the opposite northwestern corner of the intersection.

 

The surrounding are contains a mix of commercial and residential uses. 

 

   

 

Subject site showing adjacent residential dev. (left) and commercial dev.(right).

 

    

 

Adjacent 3 storey RFB to east on Alison Rd. 3 storey commercial dev opposite on Avoca.

 

 

 

Three storey commercial and residential development apposite along Alison Road.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The site has a long history of use as a hotel and many applications apply to the site for various alterations and changes. The premises is the subject of a Hotelier’s Licence No. 101341, pursuant to the Liquor Act 1982. The permitted trading hours under the current liquor licence are 5.00am to 5.00am the following day, Monday to Saturday and 10.00 am to 12 midnight, Sundays.      

 

The current extended trading hours of the premises were approved by the Full Bench of the Licensing Court of New South Wales on the 11 August 1997 and confirmed by the Court on the 9 February 1998.

 

By way of background information, the current extended trading hours at the premises was the subject of an application to the Licensing Court on the 21 December 1995. Council filed and served an Objection to the grant of the application on the grounds that the grant of the application would result in the frequent undue disturbance of the quiet and good order of the neighbourhood and that the grant of the application would not be in the public interest. The application was refused by the Licensing Court on the 21 August 1996.

 

However, this decision was overturned on appeal to the Full Bench of the Court on the 24 July 1997. In this regard, the hotel was permitted the extended trading hours for a 6 month trial period from the 11 August 1997. Subsequently, the Court confirmed the extended trading hours on the 9 February 1998.

 

Notwithstanding, at the time of the grant of the extended trading hours at premises, the Full Bench of the Court imposed a number of conditions to the liquor licence to minimise the impact of the proposed extended trading hours at the premises, which remain in force today.

 

These conditions generally relate to noise control, management practices, and responsible service of alcohol and harm minimisation conditions. However, there are additional conditions regarding the provision of security personnel and complaints management, including a condition which prohibits the provision of entertainment at the premises.

 

Condition No. 16 of the liquor licence states:

 

“16)     No entertainment is to be provided on the licensed premises.”

 

In this regard, the licensee has made application to the Licensing Court of New South Wales to vary the existing condition from “No entertainment is to be provided on the licensed premises.” to “No entertainment to be provided on the premises after midnight”. This application is consistent with the current applications being considered by Council under the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993 for the provision of entertainment at the premises.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

Hannah Grunseit (2 letters)

Unit 1, No. 6 Victoria Street

RANDWICK NSW 2031.

 

·    Increase in sound will effect residents of the flat building,

·    The area is residential and people have the right to enjoy as much peace and quiet as possible,

·    Loud band music with throbbing drums and loud singing is not necessary and will lead to considerable disturbance to our residents.

·    Traffic problems will increase,

·    Drunken patrons causing load altercations and bad language is deplored.

·    The area is presently unsafe at night and the proposal will make it worse.

 

Annie Lai

4/205 Alison Road

Randwick 2031

 

& Karen Banna

5/205 Alison Road

Randwick NSW 2031

 

·    Impact of noise, vibrations, rubbish, loitering, increased road traffic and drunken patrons,

·    Hotel management has shown disobedient behaviour in the past with respect to other problems.

 

Christopher Heath

Strata Manager

Alldis & Cox

61A-65 Frenchmans Road

Randwick NSW 2031

 

·    All four nights could be used in any given week,

·    Hotel currently runs entertainment without approval,

·    States that parking is available, the hotel has no onsite parking,

·    There will be an increase in pedestrian and vehicular traffic in the area,

·    No safeguards that rock bands and the like will not be restricted from performing in the hotel,

·    Current air conditioning is unsuitable and when the hotel is full, smoke escapes and doors opening create additional noise,

·    Will noise be monitored?,

·    Noise assessment report errs in saying the hotel currently closes at midnight, it is 24 hours,

·    Security report refers to existing rubbish and security patrols being regularly undertaken – however no patrols have been undertaken,

·    Who will determine the total number of patrons in the hotel?

·    Property is already affected by urinating, drug taking, smashing bottles.

 

Concerned Residents

(No names or address given).

 

·    We wish to advise that the hotel has held trivia nights every Tuesday between 6.30pm & 8.30pm (approximately) for several years & has held trivia nights on both Saturday 13th Dec. 2003 & Saturday 31st Jan. 2004 between 8pm & 12am (approximately). This Saturday night trivia was running weekly for a period of time in 2002 & caused a great deal of disturbance & has now been resumed on a monthly basis.

 

Jeanette, Nevio & Sandra Margon,

5/1 Albert Street,

Randwick NSW 2031

 

·    The Licensing Tribunal in 1997 allowed a 24 hr licence for the hotel with very stringent conditions in order to safeguard the right of nearby residents.

·    Breaking the conditions of the licence are not supported.