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

 

 

2nd November, 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, 9TH NOVEMBER, 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, 12TH OCTOBER, 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 88/2004 - 88 BEACH STREET, COOGEE .

2

 

6.2                      

DEVELOPMENT APPLICATION REPORT - 16 LENTHALL STREET KENSINGTON.

112

 

6.3                      

DEVELOPMENT APPLICATION REPORT - 214 GARDENERS ROAD, KINGSFORD.

167

 


 

6.4                      

DEVELOPMENT APPLICATION REPORT - 266 - 270 CLOVELLY ROAD, CLOVELLY.

178

 

6.5                      

DEVELOPMENT APPLICATION REPORT - LONG BAY GAOL, 1250 ANZAC PARADE, MALABAR.

216

 

6.6                      

DEVELOPMENT APPLICATION REPORT - 63 DANGAR STREET, RANDWICK.

242

 

6.7                      

DEVELOPMENT APPLICATION REPORT - 555 BUNNERONG ROAD, MATRAVILLE.

283

 

6.8                      

DEVELOPMENT APPLICATION REPORT - 514-516 BUNNERONG ROAD, MATRAVILLE.

290

 

6.9                      

DEVELOPMENT APPLICATION REPORT - 38 CLIFFBROOK PARADE, CLOVELLY.

298

 

6.10                      

DEVELOPMENT APPLICATION REPORT - 25 WINCHESTER ROAD, CLOVELLY.

349

 

6.11                      

DEVELOPMENT APPLICATION REPORT - 493-501 ANZAC PARADE, KINGSFORD.

388

 

6.12                      

DEVELOPMENT APPLICATION REPORT - 9 RON FILBEE PLACE, MAROUBRA.

442

 

 

7           Miscellaneous

 

7.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 87/2004 - MALABAR HEADLAND LEP AMENDMENT NO.35.

466

 

 

8           General Business

 

9           Notice of Rescission Motions

 

 

 

 

 

 

……………………………

GENERAL MANAGER


 

Director Planning & Community Development's Report 88/2004

 

 

SUBJECT:

88 Beach Street, Coogee

 

 

DATE:

21 October, 2004

FILE NO:

03-00912

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

 

INTRODUCTION:

 

Council at its Ordinary meeting held Tuesday, 19th October, 2004, resolved thatthis application be deferred to the meeting of the Health, Building and Planning Committee meeting on 9th November, 2004 to allow an assessment of the draft SEPP No. 1 in respect to the matter and legal advice being obtained and a report be circulated to Councillors on this issue prior to that meeting.”

 

Legal advice was provided by Deacons Solicitors on 27 October 2004.  Deacons have advised that contact made with the Department of Infrastructure, Planning and Natural Resources indicates that the Draft SEPP 1 will be readvertised early next year and it is proposed that the local planning template reforms and the Draft SEPP 1 will be readvertised early next year and will be implemented over a three and five year period.  It is noted in Deacons advice that the Land and Environment Court adheres to the principle of “imminence and certainty” with respect to the weight given to a draft instrument.  Given the uncertainty and lack of imminence of the draft SEPP, Deacons do not consider that the Court would hold that the failure to explicitly refer to the draft SEPP, would be fatal if there were to be a challenge to the consent.  Deacons conclude that the draft SEPP 1 should not be given any significant weight, but should be considered as part of Council’s general Section 79C consideration.

 

Following is a detailed assessment of the proposal against the draft provisions of SEPP 1.

 

ISSUES:

 

The Draft State Environmental Planning Policy (Application of Development Standards) 2004 – Departure from development standards outlines the following with respect to development standards:

 

Application for departure

 

(1)    A person:

(a)        Who makes a development application to carry out  development to which this Policy applies, and

(b)        Who, in carrying out the development, wishes to depart from a development standard that would otherwise apply to the development,

 

must submit with the development application a written statement that identifies the development standard and seeks to justify the departure.

 

(2)              The written statement must demonstrate how each of the following requirements is satisfied:

 

(a)        that the proposed departure from the development standard will result in a better environmental planning outcome than that which could have been achieved on the site had the standard been complied with, and

 

(b)        that the proposed development will be in the public interest by being consistent with the aims and objectives expressed in, or implied from:

(i)         the zone in which the development is proposed to be carried out,

(ii)        the development standard, or

in any relevant environmental planning instrument.

 

(3)        For the purposes of subclause (2)(a), a better environmental planning outcome will not be demonstrated unless the element of the proposed development that is inconsistent with the relevant development standard:

(a)        is necessary because of unusual site characteristics, or

(b)        comprises any one of the following:

(i)         exceptional design quality,

(ii)        social benefit to the community,

(iii)       economic benefit to the community,

which is above and beyond that which could have been achieved had the development standard been complied with, or both.

 

(4)  The Guidelines must be taken into consideration in determining whether the proposed development achieves a better environmental planning outcome for the purposes of this clause.

 

The applicant has submitted an objection pursuant to draft State Environmental Planning Policy (Application of Development Standards) 2004 on 25 October 2004. The details of the objection are as follows:

 

1.0       Draft State Environmental Planning Policy (Application of Development Standards) 2004 – An Introduction

 

Draft State Environmental Planning Policy (Application of Development Standards) 2004 is a draft instrument which amends the current State Environmental Planning Policy No. 1: Development Standards. The exhibition period for the draft instrument concluded on 18 June 2004.

 

2.0       Applicability of the Draft SEPP (Development Standards) 2004

 

Clause 14 of Draft State Environmental Planning Policy (Application of Development Standards) 2004 states that:

 

“(2) A development application:

 

(a)        made under Clause 6 of the former Policy before the date of commencement of this Policy and that was not finally determined before that date; or

(b)        made within 28 days after the date of commencement of this Policy and that could have been made under clause 6 of the former Policy if that Policy had not been repealed by this Policy;

 

is to be determined in accordance with the former Policy as if the former Policy had not been repealed by this Policy.”

 

The Development Application for 88 Beach Street, Coogee was submitted to Randwick City Council on 29 September 2003, at which time the former (and still current) SEPP 1 was in force. In this regard, the Draft State Environmental Planning Policy (Application of Development Standards) 2004 is not strictly applicable to this Development Application. Nonetheless, this assessment is provided to assist Council in considering the merits of the proposal.

 

3.0       Aims of the Policy

 

The aims of the draft Policy are stated at Clause 3, and are as follows:

 

"(a)   to provide an appropriate degree of flexibility in the application to particular development of a development standard specified in or under an environmental planning instrument; and

(b)     to achieve better outcomes for and from development in the circumstances addressed in this Policy; and

(c)     to promote good strategic planning practice by incorporating provisions allowing flexibility in local environmental plans."

 

The proposed development is not inconsistent with the above-stated objectives, as follows:

 

·          the site, by virtue of its steep topography and context (ie surrounded by buildings whose heights vary between 7m and 12m) is satisfactory in terms of the height proposed and not inconsistent with the height of the adjoining buildings;

·          the FSR of buildings in the vicinity of the site would be commensurate with that proposed at the site;

·          the site is surrounded by “big bulky” buildings. The site can accommodate a larger building than would be allowed under Council’s planning controls, in order to provide an appropriate scale and height, and visual transition between the large adjoining buildings; and

·          the exceedence of the Development Standards will achieve better outcomes at the site in terms of providing an appropriate scale to the street and excellent levels of amenity to the apartments contained in the building. Lowering the building and requiring it to comply with the FSR Development Standard would effectively result in the “missing tooth” effect in the street.

 

4.0       Relevant Standard

 

4.1       Floor Space Ratio

 

The FSR development standard at Clause 32(1) of RLEP 1998 states that:

 

“The maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone Nos 2A, 2B and 2C is 0.5:1, 0.65:1 and 0.9:1, respectively.”

 

The subject site is zoned Residential 2B under Randwick Local Environmental Plan 1998 and therefore a 0.65:1 maximum Floor Space Ratio applies to multi unit housing development on the site.

 

The purpose of the FSR Development Standard is stated at Clause 32 of RLEP 1998 as:

 

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

 

The subject site has an area of 820.3sqm. The proposed development has a total FSR of 0.83:1. If the area of the building below ground level were excluded, the proposal would have an FSR of 0.71:1 above existing ground level, being commensurate with the 0.65:1 permitted in the 2B zone.

 

In this regard, the proposal does not comply with the provisions of Clause 32(1) of the RLEP1998.

 

4.2       Building and Wall Height

 

The building height and wall height development standards at Clauses 33(1) and (3) of RLEP 1998 state that:

“(1) The maximum height for a building, other than a dwelling house, within Zone 2A and 2B is 9.5 metres measured vertically from any point on ground level.

 

(3) The maximum height for any external wall of a building, other than a dwelling house, within Zone 2A and 2B is 7 metres measured vertically from any point on ground level.”

 

The purpose of the Building Heights Development Standard is stated at Clause 33 of RLEP 1998 as:

 

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

 

The proposed development has maximum wall and building heights varying between 4.5m and 11.4m, with an average of between 8.5m and 10m. The height of 11.4m occurs only at the stair enclosure, and is not typical of the height of the overall building.

 

The proposed building generally complies with Council’s maximum permitted ridge height of 9.5m, except for a small portion along the front elevation, of between 30cm and 1.9m, however, this exceedence is largely due to the slope of the site.

 

The building has been designed to step down the site, and is significantly lower than the adjoining buildings, including the four (4) level multi-unit housing building to the north, which has an external wall height which varies between 7m and 12m and has a high pitched roof form;

 

In this regard, the proposed development exceeds the maximum wall height Standard by up to 4.4metres and building height standard by up to 1.9metres.

 

5.0       Application for departure

 

Clause 7 of the draft Policy provides the following procedures and considerations to be addressed when making an application for a departure from a Development Standard:

 

"(1) A person:

 

(a)       who makes a development application to carry out development to which this Policy applies; and

(b)       who in carrying out the development, wishes to depart from a development standard that would otherwise apply to the development;

 

must submit with the development application, a written statement that identifies the development standard and seeks to justify the departure.

 

(2) The written statement must demonstrate how each of the following requirements is satisfied:

 

(a)       that the proposed departure from the development standard will result in a better environmental planning outcome than that which could have been achieved on the site had the standard been complied with; and

(b)       that the proposed development will be in the public interest by being consistent with any aims and objectives expressed in, or implied from:

(i) the zone in which the development is proposed to be carried out;

(ii) the development standard; or

 

in any relevant environmental planning instrument.

 

(3) For the purposes of subclause (2)(a), a better environmental planning outcome will not be demonstrated unless the element of the proposed development that is inconsistent with the relevant development standard:

 

            (a) is necessary because of unusual site characteristics; or

            (b) comprises any one of the following:

 

(i) exceptional design quality;

(ii) social benefit to the community;

(iii) economic benefit to the community;

 

which is above and beyond that which could have been achieved had the development standard been complied with.

 

(4) The Guidelines must be taken into consideration in determining whether the proposed development achieves a better environmental planning outcome for the purpose of this clause.”

 

Pursuant to Clause 7(2), and as stated throughout this report, the departure from the FSR, wall and building height Development Standards will achieve a better environmental planning outcome at the site in terms of providing an appropriate built form and scale in the context of the site.

 

The site is highly sloping, and falls away steeply towards Beach Street. The topography of the site mean that a building complying with the height and FSR controls would create a substandard building in the context. Nonetheless, the building has been stepped down the site, to reduce the height and bulk of the structure. Furthermore, the building is commensurate in height with the adjoining buildings, whose heights vary between 7m and 12m. The uppermost level of the building is generously setback from the Beach Street boundary of the site, so that it will not read as a level when viewed from Beach Street.

 

A complying scheme, in terms of FSR and wall and building heights has been canvassed at the site. However, a complying scheme would include a small narrow building, which would be out of character with the streetscape. Such a complying building would appear inconsistent with the streetscape, and would be a poor urban design solution.

 

The departures from the FSR and building height Development Standards will result in a better planning outcome, as required by Clause 7(3) of the draft Policy in the following manner:

 

·          the additional height proposed over and above the  maximum permitted at the site occurs due to the topography of the site. As discussed above, the exceedence of the height occurs for only small portions of the building;

·          the proposal achieves exceptional design, as is evident in the photomontages and streetscape elevation submitted with this application;

·          the presentation to the street is of a high quality, and complements the form and nature of the existing buildings evident in the streetscape; and

·          the design of the development achieves compliance with the building depth, apartment size, cross flow ventilation and solar access requirements contained in SEPP 65, providing a high quality residential environment.

 

On the basis of the above, it is submitted that notwithstanding the fact that it is not applicable to the proposal, the proposed development is not inconsistent with the provisions of Draft State Environmental Planning Policy (Application of Development Standards) 2004.

 

The level of floor space proposed in the development results in a bulk and scale consistent with surrounding development. Strict compliance with the numerical standard would result in a building that is not in proportion to the adjacent buildings, as mentioned in the previous report. The level of floor space proposed in the subject development above ground is 0.71:1 (marginally above the 0.65:1 maximum) which provides for a resultant built form which will be consistent with the scale of adjacent and surrounding buildings. It is considered that the proposed development achieves a better environmental outcome than applying controls for a 2B zone in terms of consistency with the character and scale of adjacent and surrounding development.

 

The proposed units have a high degree of internal amenity and energy efficiency and the contemporary design will be consistent with other modern development in the area. The SEPP 65 design review panel, as mentioned in the previous report, commented that the proposal fits well into its context, was compatible with the scale of adjoining buildings, did not adversely impact neighbours and was given high praise in terms of the 10 design principles of the SEPP.

 

The site characteristics are unusual in that it has a topography that slopes steeply throughout the site. Given the site constraints, it is difficult to provide an appropriate built form on the site that is able to comply with the LEP requirements but also able form an appropriate scale in relation to adjacent buildings. It is considered that the proposal achieves this and therefore the proposal is considered consistent with the draft SEPP.

 

The proposed height is consistent with the height of adjacent buildings and will bridge the height of the two adjacent buildings. A building lower in height would not be consistent with the general pattern of height in the area, would appear awkward and would break the height pattern in the street. The variable height of the building throughout the site is a design response to the inconsistent and steep topography of the site and the outcome is a building which bridges the height of adjacent buildings whilst not adversely impacting upon the amenity of adjacent residents. The proposed departure from the standard will therefore provide a more appropriate environmental outcome by resulting in a building that is consistent with surrounding height patterns. The proposed development is consistent with the objectives of the zone in that it allows for a variety of housing types, and enables residential development of medium density housing which does not compromise the amenity of surrounding residents and is compatible with the dominant character of existing development in the area.

 

It is considered that the proposed development with respect to height is consistent with the draft SEPP.

 

Additional Objector Information

 

A view perspective has been provided to Council from a resident living on the fourth floor of the adjacent units to the north at 84 Beach Street, Coogee (see attachment). The picture is taken from the centre of the sunroom facing south. The R.L. of the photo submitted by the objector is 55.05. The perspective shows the current view and the perceived view after the construction of the proposed flats.

 

The proposed development has been stepped back on the upper level so that it will not obscure a direct view south from the subject sunroom (the RL of the roof terrace in a direct line of site south of the subject sunroom is 52.565 or 2.485m below the RL of 55.05 taken in the photo by the adjacent neighbour at 84 Beach Street). The corner RL of the roof (which is flat) of the proposed building nearest to the subject window is 55.910, however this corner is setback 1m from the subject window and will not affect the view directly south.  Views to Coogee Beach and the coast will be retained and the proposal has been specifically designed to enable the retention of these views. The visual bulk of the proposal to the south will be very significantly less than is depicted in the perspective. Notwithstanding this, views are available from this unit over a large arc from Coogee beach, to the east over the ocean and to the north east towards Gordons Bay and Clovelly. It is considered that the proposed development is designed to facilitate retention of views from neighbouring properties and is a good example of view sharing.

 

FINANCIAL IMPACT STATEMENT:

 

Nil.

 

CONCLUSION:

 

The legal advice provided by Deacons Solicitors considers that given the uncertainty and lack of imminence of the draft SEPP, it should not be given any significant weight.

 

Notwithstanding, the proposed development is considered appropriate and consistent with the draft SEPP for development standards in respect to the non-compliance with height and floor space. The scale of development is consistent with surrounding development and has been design in consideration of the unusual site topography and the pattern of adjacent development. The building will not appear out of context or dominant from the streetscape nor will it have the view loss impact as is claimed in the perspective provided by the resident of 84 Beach Street. The proposal will not result in the adverse loss of amenity to adjacent owners and overall is considered worthy of approval subject to conditions.

 

RECOMMENDATION:

 

A.        THAT the Council support the objection under State Environmental Planning Policy No. 1 (SEPP No. 1) in respect to non-compliance with Clauses 33(1), 33(3) and 32(1) of the Randwick Local Environmental Plan 1998 (relating to floor space ratio and external wall height) on the grounds that the proposed development complies with the objective of the clauses and will not adversely affect the amenity of the surrounding locality, and that the Department of Infrastructure, Planning and Natural Resources be advised accordingly:

 

B.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 03/00912 for demolition of the existing buildings and erection of a new part three part four storey multi unit housing development containing six dwelling and basement carparking for 13 vehicles with rear lane access at 88 Beach Street, Coogee subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01, dated 01.04.04  and received by Council on 12 August 2004, and plans numbered  DA 02 – DA 10, dated 09.06.2004 and received by Council on 12 August 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 car parking space designated for residents at the ground floor at the rear of the site adjacent to Beach Lane is to be designated for visitors purposes.

 

3.       The colours, materials and finishes of the external surfaces to the building are to be in accordance with the colour, materials and finishes board submitted to Council and titled “exterior finishes for 88 Beach Street Coogee” and received by Council on 7 October 2003.

 

4.       The proposed car lift is to be designed and constructed in accordance with the Australian Standards for car lifts.

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

 

6.       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.

 

7.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning and Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

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

 

 

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               $ 8196.00

b)       for the provision or improvement of community facilities   $ 3624.00

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.

 

(This calculation is based on a credit for the existing building which has 3 x 2bedroom units and 1 x 1 bedroom unit).

 

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:

 

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

 

In this regard, the operation of the premises shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with Environmental Protection Authority guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content, in accordance with the relevant provisions of the NSW Environmental Protection Authority’s Environmental Noise Control Manual, Industrial Noise Policy 2000 and The Protection of the Environment Operations Act 1997.

 

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

 

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

 

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

 

20        There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

22.       Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials.

 

A Waste Management Plan is to be submitted to Council and approved by Council’s Manager of Waste Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued for the proposed development.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

§  All of the premises adjoining the subject site

 

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

 

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 is to be submitted to the principal certifying authority (and the Council, if the Council is not the principal certifying authority) prior to occupation of the building, certifying the structural adequacy of the building and that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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.

 

36.       A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

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

 

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

 

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

 

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

 

38.       All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

39.       If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must:

 

·        preserve and protect the building /s on the adjoining land from damage; and

·        if necessary, underpin and support the building and excavation in an approved manner; and

·        at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

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

 

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

 

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

 

41.       All building, demolition and associated site works (including the delivery of equipment, goods and materials to the site) 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.

 

42.       Noise and vibration emissions during the construction of the building and associated site works and the delivery of equipment, goods and materials 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.

 

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

 

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

 

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

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       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.

 

50.       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”.

 

51.       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.

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·        Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      the slope of the land

·      site access points and access control measures

·      location and type of all sediment and erosion control measures

·      location of existing vegetation, to be retained

·      material stockpile or storage areas and methods of sediment control

·      location of existing and proposed drainage systems

·      proposed disposal of site water

·      location of building operations and equipment

·      proposed re-vegetation details

 

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

 

55.       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

 

56.       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.

 

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

 

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

 

59.       At no time shall traffic on Beach Lane be blocked by any vehicles (including construction vehicles) or materials before, during and after development of the site. At no time shall materials be stored on the public footpath/laneway and at no time shall any vehicle be parked on Beach Lane.

 

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

 

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

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

61        Access and sanitary facilities for persons with disabilities being provided to the residential flat building, in accordance with Parts D3 and F2 of the Building Code of Australia. Details of compliance is required to be provided in the relevant plans/specifications for the construction certificate for the development.

 

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

 

62        Prior to a construction certificate being issued for the development, the applicant must lodge with Council a Bond (i.e. a deposit refundable in terms of the approval) in the form of cash or cheque, or bank guarantee (acceptable under Council policy 3.02.08), for the amount of $150,000.00. This Bond is to ensure the reconstruction of Beach Lane as well as other infrastructure works conditioned in the development consent and making good any damage caused to the roadway, footway, verge or any public place in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979.

 

Should the applicant wish to lodge a bank guarantee for the above amount the bank  guarantee is to have no set expiry period.

 

The Bond will be released upon the applicant meeting the costs and conditions for Council to carry out the infrastructure works and obtaining an occupation certificate.

 

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

 

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

 

Replacement of the asphalt footpath in Beach St with a concrete footpath and returf the nature strip to Council’s requirements.

 

Replace the existing timber rail fence adjacent to the footpath with a galvanized handrail located on top of the large retaining wall in Beach St.

 

Carry out all works associated with extending Council’s underground stormwater system up Beach St to opposite the site frontage.

 

Reconstruct Beach Lane as set-out in the design approved by Council’s Asset & Infrastructure Services Dept including a concrete heavy-duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

Construct a kerb and gutter for the full site frontage in Beach Lane except opposite the vehicular entrance and exit points.

 

64        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.

 

65        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.

 

66        Prior to the issuing of the construction certificate for the development the applicant must submit to Council for approval and have approved the following design and construction set-out plans approved by Council’s Asset & Infrastructure Services:

 

Reconstruction of Beach Lane going from the southern extremity of the site to Alison Rd.

 

Note: The applicant is to address retaining wall issues on all sides of Beach Lane at this location as well as the possible increase in the size of the dedicated splay at the northeast corner of 349a Alison Rd.

 

The applicant must contact Council’s Development Engineer Co-ordinator (John Flannigan – 9399 0924) or Council’s Manage Design (Frank Rotta – 9399 0906) regarding Council’s requirements for the extent of works and recommended design & set-out methods.

 

67        Prior to the commencement of demolition/building works the applicant is to have the northern end of Beach Lane reconstructed as per the Council approved plan mentioned in the previous condition.

 

68        Prior to the commencement of demolition/building works the applicant is have a Construction Traffic & Pedestrian Management Plan prepared by a suitably qualified person in accordance with relevant standards outlining the proposed measures to be implemented during the construction stage/s addressing the following matters:

 

·    Proposed truck access routes including size and frequency of trucks.

·    Truck manoeuvrability via the reconstructed section of Beach Lane

·    Proposed measures used for pedestrian safety along Beach Lane and Alison Rd.

·    Proposed parking arrangements for trucks and construction workers.

 

Note: The plan is to be submitted to Council for approval prior to the commencement of demolition/building works.

 

69        Prior to the issuing of the construction certificate for the development the applicant must submit to Council for approval and have approved the following design and construction set-out plans approved by Council’s Asset & Infrastructure Services:

 

Extension of Council’s stormwater drainage line up Beach St to outside the site frontage. The applicant must contact Council’s Design Manager (Frank Rotta – 9399 0906) regarding the detail required on the submitted plans.

 

(Note: The applicant must meet the full cost for all works associated with approved drainage works. This shall include meeting the cost for Council to check the submitted design and to supervise the subject works)

 

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

 

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

 

Beach St Frontage -match the back of the existing footpath along the full site frontage.

 

Beach Lane Frontage - 60mm above the road centreline level in the laneway 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.

 

71        The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the roadway in Beach Lane and the footpath in Beach St 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.

 

72        The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1,123.00 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

75        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.

 

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

 

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

 

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

 

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

77        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.

 

h)         All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

78        All site stormwater leaving the site must be discharged by gravity to the proposed extended Council drainage system at the front of the property in Beach St.

 

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

 

80        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.

 

81        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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·          A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

83        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.

 

84        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.

 

a.          The car washing bay must be located outside any required/approved stormwater detention system and must be suitably signposted.

 

b.         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).

 

A water tap shall be located adjacent to the car washing bay/s.

 

85        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.

 

86        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 & waterproofed 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 charged 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).

 

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

 

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

 

88      The garbage room areas will have to be designed so as to be able to contain a total of 8 x 240 litre bins (4 garbage bins & 4 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.

 

89      The garbage storage areas are to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

90      Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the development.

 

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

 

91        The landscaped areas shown on the plan number 3006-01, Issue B, dated 20/05/03, drawn by Peter Glass and Associates, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority or {the Director of Assets & Infrastructure in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979}, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.         A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, 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.

 

The applicant shall provide documentary evidence, from suitably qualified personnel, stating the proposed tree plantings over the excavated basement carpark are feasible, and are capable of sustaining the proposed trees for their life term.

           

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.

                       

Olea europaea (Olive Tree) is to be deleted from the landscaping plan and planting schedule due to its self-seeding properties. Suitable alternatives shall be used in its place.

                       

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 2 x 100 litre broad canopied trees (not palms) suitably located (deep soil areas) along the northern property boundary to compensate for the loss of several trees on this side of the site. The plan shall also show a minimum number of 2 x 75 broad canopied trees (not palms) suitably located (deep soil areas) elsewhere 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 from the site, porous paving shall be used in all pedestrian pathways not over the excavated basement carpark or ‘on slab’. Details are to provided with the construction certificate application.

 

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

 

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

 

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

 

93        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.

 

94        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.

 

95        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.

 

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

 

Tree Management

 

97        Approval is granted for the removal of the following trees subject to the planting of 2 x 100 litre broad canopied replacement trees (not palms) along the northern side of the site, as well as 2 x 75 litre broad canopied replacement trees (not palms) elsewhere within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

d.         Two (2) Phoenix canariensis (Canary Island Date Palms), in the front yard along the southern boundary.

e.          One Metrosideros excelsa (NZ Christmas Tree) in the front yard near the front property boundary.

f.          One Phoenix canariensis (Canary Island Date Palm) on the small grass nature strip above the retaining wall.

g.          One tree (species undetermined), along the front property boundary.

 

h.          One large Pinus species (Pine tree) in the northeast corner of the front yard.

i.           One Phoenix canariensis (Canary Island Date Palm) in the front yard, near the northern property boundary.

j.          One Lagunaria patersonii (Norfolk Island Hibiscus) in the front yard, near the northern side of the site.

k.         One dead Metrosideros excelsa (NZ Christmas Tree), in the front yard, near the middle of the site.

l.           One Erythrina x sykesii (Coral Tree), in the rear yard, close to the northern boundary.

m.         One large Pinus species (Pine tree) in the rear yard, close to the northern boundary.

n.          One Pinus species (Pine Tree) in the rear yard, to the south of the large Pine tree.

o.         One Phoenix canariensis (Canary Island Date Palm) and one Erythrina x sykesii (Coral Tree), both at the rear of the site.

 

98        A refundable deposit in the form of cash or cheque for the amount of $7,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

Advisory Matters

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

a)     Part C3        -         Protection of openings

b)     Part D3        -         Access for people with disabilities

c)     Part E1         -         Fire fighting equipment

d)     Part E2         -         Smoke Hazard Management

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

f)      Part F2         -         Sanitary and other facilities

 

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:

 

1.         Photo circulated by objector at Ordinary Council Meeting on 19 October 2004.

2.         Director Planning & Community Development Report dated 11 October 2004.

3.         Legal Advice from Deacons Solicitors (provided under separate cover).

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

LUKE JACKSON

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 


 

Director Planning & Community Development's Report 84/2004

 

 

SUBJECT:

88 Beach Street, COOGEE

 

 

DATE:

11 October, 2004

FILE NO:

912/2003

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

Attached is Development Application Report No 912/2003 for the demolition of existing buildings and the erection of a new, 3 part 4 storey multi unit housing development containing 6 dwellings and basement carparking for 13 vehicles with rear lane access.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

1. Development Application Report dated 6 August 2004.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

6 August, 2004

FILE NO:

03/00912

 

PROPOSAL:

 Demolish existing buildings and erection of a new part three part four storey multi unit housing development containing six dwellings and basement carparking for 13 vehicles with rear lane access.

PROPERTY:

 88 Beach Street, Coogee

WARD:

 East Ward

APPLICANT:

 Seaside Development P/L, C/O SPD Town Planners, Spiro Stavis/Genevieve Slattery, Level 5, 110 -114 Kippax St, Surry Hills

 

 

 

 

 

 

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 Councillor Murray Matson, and former Councillors Marjery Whitehead and Judy Greenwood.

 

The proposed application is for the demolition of existing buildings and removal of trees onsite and the erection of a part 3/part 4 storey multi unit housing development containing six dwellings and a basement carpark accessed via a car lift accessed off Beach Lane at the rear. Reconstruction and widening of Beach Lane is proposed to ensure adequate vehicle access to the site. The application is the subject of amended plans which have reduced the height of the overall development and the upper level bulk by setting back the upper floor from the front and rear elevations.

 

The subject site is located in a 2B zone and contains a two storey residential flat building with a double garage at the rear. The surrounding area exhibits a variety of development types and scale from single storey dwellings to four storey multi-init housing developments.

 

The proposed development does not comply with the numerical floor space ratio (FSR), height and external wall height requirements and State Environmental Planning Policy No.1 objections have been submitted arguing that the proposal is consistent with the general height, bulk and scale of adjacent and surrounding development and that the proposal will not result in significant amenity impacts in terms of privacy, overshadowing, view loss and solar access.

 

Objections were received to the proposal and included the following: excessive height, FSR, external wall height, scale and bulk, privacy impacts, amenity impacts, overshadowing, tree loss, parking issues, impacts to lane, construction impacts to lane and buildings, view loss, streetscape issues, overdevelopment, non-compliance with zoning and setting a  precedent.

 

The assessment of the application reveals that whilst the proposed development does not comply with the numerical height and floor space standards, the proposal is consistent with the scale and bulk of adjacent development, the proposal will not visually dominant the streetscape and will be consistent with the adjacent buildings in terms of height and scale from the street level.  The proposal has also been designed to minimise impacts to adjacent developments in terms of view loss, privacy and overshadowing. The proposal generally complies with the objectives and performance requirements provisions of the Multi-Unit Housing Development Control Plan and provides adequate parking and vehicular access.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development seeks Council consent to demolish the existing buildings on site and erect a part three /part four storey development containing 4 x 3 bedroom units and 2 x 2 bedroom units sited over a basement carpark. The carpark is accessed via a car lift from a driveway accessing Ocean Lane at the rear. The carpark at basement level contains 11 spaces, 1 visitor/carwash, 1 resident and 1 waiting bay are proposed to be located at the rear of the site on ground level.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Beach Street slightly north of its intersection with Arcadia Street. The site contains a rectangular shaped allotment with dimensions 17.01m x 48.16m (southern side boundary)/48.925m (northern side boundary) with a total area of 820.3 sq.m. The site level falls 8.5m from the rear to the front of the site and has a cross fall of 1.5m from the north to the southern boundary. The site contains a two storey residential flat building with a double garage at the rear which is accessed off Beach lane. The site is located behind a high retaining wall that fronts Beach Street and there is a considerable drop of some 4m – 5m from the footpath to the actual carriageway. Several large trees are located at the site including a pine tree at the front of the site and a palm tree at the rear of the site.

 

Development adjacent to the site is a three storey multi-unit housing development to the south which curves around the corner of Beach Street and Arcadia Street and a part three part/four storey residential flat building to the north known as “Wandal”. Both of these buildings have a front setback to Beach Street of approximately 6m – 6.5m. Development to the rear of the site across Beach Lane is a two storey dwelling which has a balcony that captures extensive views over the development at 90-96 Beach Street towards the Ocean and Coogee. Across Beach Street to the east are one and two storey dwellings. The area consists of a mix of residential uses and scales from single freestanding dwellings to four and five storey multi-unit housing developments.

 

    

 

   1. Subject site taken from the northeast.            2.Tree in front of subject site and adjacent “Wandal” units at right.

 

    

 

3. Adjacent units to south.                         4.Windows of the adjacent units to the north, facing the boundary of the subject site

 

    

 

5.Rear of site with palm that obscures views.     6.Rear of site showing current vehicle access.

 

    

 

7.Entry point to Beach Lane from Alison Rd. 8.View of ocean and Coogee from rear lane.

 

    

 

9.Dwelling at rear across Beach Lane.               10.Beach Lane looking north.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A pre-lodgement application (PL -0014/03) was submitted to Council on 18 March 2003 to demolish the existing building and structures and erect a multi-unit housing development comprising 7 units with basement carparking. Concerns were raised by Council officers with respect to the excessive height, floor space and bulk of the building which appeared to be designed more to 2C zone controls. It was suggested in the letter to the applicant dated 23 April 2003 to delete the entire upper floor or significantly reduce its apparent scale.

           

The current development application was submitted to Council on 7 October 2003 and was notified extensively and advertised on 22 October 2003. The plans were similar to the pre-lodgement plans and Council officers held several meetings with the applicant after the end of the notification dates requesting amendments to the proposal to reduce the height, bulk, scale and associated impacts to adjacent and surrounding properties. Objections to the original proposal are listed in section 5.1 Objections, following. In response to meetings with Council officers, several amendments were discussed and plans received on 1 April 2004 reducing the overall height of the proposal, reducing the upper level and number of apartments (This resulted in the deletion of 1 unit, a reduction in FSR from 1.02:1 to 0.91:1 and a reduction in height from 12.9m to 11.8m). The roof terrace was also deleted and the rear of the building further reduced by 570mm by way of amended plans submitted on 9 June 2004. The amendments were renotified and objections to these plans are outlined following in section 5.1 Objections.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

Objections to the original plans notified and advertised on 22 October 2003 are as follows:

 

Stephen O’Neill

351 Alison Road, Coogee

 

·    Overdevelopment of block resulting in another high rise building that will appear almost 8 stories high from Beach Street

·    The impact of 13 cars continuously using a grossly under prepared road, along with the transportation of materials by trucks, which are going to be at a minimum large tip trucks, be taken into account.

·    Concern over the impact of the trucks on the hedge which is the boundary and the retaining wall the road sits on. If the trucks use this road for access that wall will almost certainly collapse towards the house bringing sections of road with it.

 

Keith Murdoch,

91 Beach Street,

Coogee 2034

 

·    Significant height non-compliance in 2B zone. Corridor effect created by a combination of the height and setback too close to boundary.

·    Height will create privacy issue by providing direct view into courtyard and kitchen. Existing structure complies with height restrictions, the new one should too.

·    Removal of long established trees causing privacy issue. Ocean views at expense of privacy has already occurred at 96 Beach St, residents are determined not to have a repeat of this.

·    Serious violations occurred while 96 Beach was being constructed (eg trucks and cranes arriving at 5am, excess noise outside of hours, no observance of rules and regulations which was also not enforced by Council).

 

Mrs Hargraves

79 Beach Street,

Coogee 2034

 

·    Proposal does not comply with 2B zone, exceeds height and given existing high retaining wall, the proposal would tower above and overshadow the eastern side of beach Street.

·    Four storey development completely unsuitable on the site and does not conform to the LEP.

 

Jacqui Guy

68 Beach Street

Coogee 2034

 

·    12 metre height of building in breach of existing 2B zoning.

·    Density proposed is in excess of 2B zoning.

·    Inappropriate vehicle access to parking via Beach Lane South; safety concerns re entry to Alison Road. Lane is too narrow for 13 vehicles.

·    Tower design would provide a corridor effect.

 

Chris Noonan & Glenys Rowe

PO Box 2124,

Clovelly NSW 2031

 

·    Removal of trees that are integral part of streetscape. Removal of these would reduce amenity.

·    Contravenes 2B zone. Maximum allowable height is 9.5m yet plans propose 12m.

·    Density exceeds limits of 2B zone. Approval would set a dangerous precedent.

·    Character of street would be undermined by an aesthetically uncharacteristic design.

 

John Langford

President

Randwick Residents Action Group

42 Mount Street

Coogee NSW

 

·    Proposed FSR of 0.89:1 exceeds the maximum FSR permitted by 37%. Proposed height exceeds maximum height and external wall height by 36% and 84%.These excesses mean the proposal is unlikely to be compatible with the neighbourhood.

·    Some buildings in the area exceed density and height controls including older buildings and newly approved ones. The existence of these buildings provides no sound planning grounds for new development to exceed current 2B standards.

·    Traffic ingress-egress via lane off Alison Road appears inadequate to serve the proposed and existing development. Garbage trucks already have problems accessing the site.

 

John & Del Buchanan

83 Beach Street

Coogee NSW

 

·    Gross non-compliance with density, height and wall height pertaining to 2B zone. Approval would set a precedent.

·    Applicant sites adjacent developments as justification for exceeding standards but this is weak. Restrictions were imposed to limit the size of buildings. The height would be greater than for “Wandal” and the proposal is higher than the older building (ie “Wandal”) which sits higher up the slope.

·    Rear lane access for vehicles is required. Lane is too narrow and garbage trucks and other large vehicles have access difficulties. Reconstruction of lane is needed to make lane usable. These facts suggest the scale of the new development should be minimised.

·    SEPP 1 should not be supported.

 

M C Knibbs

349A Alison Road,

Coogee NSW 2034

 

·    A change in zoning would have to be made to before the application could be considered.

·    Height and floor space exceedances.

·    Height is incompatible with adjacent buildings.

·    Given impact created by the proposed carpark, it is fanciful to suggest that Beach Lane can be widened. The lane is predominantly laid up to the boundaries of all existing properties in the lane and can’t be widened.

·    Removal of large trees replaced by building which will result in loss of early morning sun.

·    It is not necessary for the proposed building to exceed height and FSR requirements except for the need of the developer to achieve maximum financial and commercial benefit.

·    Beach lane should not be used as a means of egress/ingress for construction, materials and equipment when the lane has just been resurface. Earth moving equipment and heavy machinery associated with construction will damage the lane.

·    Property at living level has ocean views to the east across the top of the existing property and no such views will be available because of the height proposed.

 

Rohan Delikhan

6/84 Beach Street,

Coogee NSW 2034

 

·    Concern over number of additional vehicles accessing the lane as there is already significant congestion in the lane. 9 or more vehicles at peak time will make it very difficult getting in or out.

·    Object to widening the lane by tearing down hedges and plant life (which attract birds and insects). The lane has character and is one of the last of its kind reflecting the areas more rural roots.

·    Object to removal of two black pine trees which are a hundred years old, provide privacy, shade and the wonderful scent of pine.

·    Large footprint, large number and size of apartments, creating a densely populated block.

 

Keith Murdoch

91 Beach Street,

Coogee NSW 2034

 

·    Height substantially outside restrictions imposed by 2B zoning. Corridor effect created by height, setback and adjacent buildings.

·    Height invades privacy. New structure should comply with all requirements.

·    Removal of trees results in privacy loss and maximises views onsite.

·    Strong objection to removal of old tree on eastern boundary.

 

Glenn & Jennifer Atkins

89 Beach Street,

Coogee NSW 2034

 

·    Application breaches zoning restrictions of height and floor space.

·    Privacy issues and tree preservation,

 

Marise & Stephen Weir

87 Beach Street,

Coogee NSW 2034

 

·    Breaches zone restrictions of height and density, building as high as building to the north, creates a corridor effect.

·    Loss of trees creating privacy issue.

 

Peter Dean & July Slatyer

(owners of 5/84 Beach Street, Coogee),

Martin Street,

Brighton Vic 3186

 

·    Proposal is too big and is wrong for this residential zone. Proposed height is far too high,

·    Proposal significantly exceeds external wall height.

·    Proposal is way over FSR by 25%. Combined result of height and floor space non-compliance means the proposal achieves an additional level.

·    Proposal will block out light, outlook and views from all the southern windows without relief. Unit 5 has all views to Coogee Beach and Wedding Cake Island lost.

·    Problematic parking and load on the lane is understated.. Beach Lane is a dangerous point for pedestrian vehicular conflict, footpath should be considered. Also has a blind bend and a steep exit onto Alison Road. Entrance often gets blocked due to accidents.

·    Noise of garage door and lift mechanism.

·    Privacy invaded by a number of balconies overlooking all south facing windows of 84 Beach Street.

·    Landscaped areas comply but are unsympathetic to established trees and offer little visual separation and attract a large number of native birds. The large trees on the northern boundary should stay.

·    Footpath on Beach Street should be kept open at all times during construction. Beach Lane should also be kept open at all times during construction. Designated construction vehicle zone should be acquired and not in front of neighbouring properties driveways.

·    Oppose roof space as recreation areas as they create noise and privacy issues.

 

       James & Lesley Allen

       Unit 7/84 Beach Street,

       Coogee

 

·    Breaches LEP. In particular, the  zoning, height and floor space. Cumulative non-compliances create an obtrusive building in height, size and bulk. Proposed plantings will not soften impact of building and will take up to 20 years to reach maturity.

·    DCP – Multi-Unit Housing.

-     Privacy issues created by roof top terrace and associated noise.

-     14m wall length on northern elevation, exceeds 10m max. Elevation will be mainly blue and black brick with some timber cladding creating an intimidating and cumbersome appearance. Use of light and unobtrusive building materials complementing existing vegetation has not been considered.

-     Balconies and windows coupled with location of main entrance is problematic. Noise from pedestrian access will be intrusive. Privacy or residents along southern boundary at 84 Beach Street will be dramatic.

·    Application does not consider SEPP 65 or refer to it.

·    Development breaches RCC controls. Blatant disregard of council’s controls along with applicants audaciousness that council should overlook these discretions sets a dangerous precedent.

·    Supporting documentation on streetscape, character and visual qualities by Dr Richard Lamb does not even reference council’s LEP when reviewing the proposal.

·    No consultation was undertaken with surrounding residents when writing the report referred to above. If such an approach was taken it would have ensured a better understanding of residents expectations.

·    Suggestions are made for conditions.

 

       Ralph Slatyer

       (owner unit 1/84 Beach St)

54 Musgrave St

Yarralumla

 

·    Endorses objection from 5/84 Beach Street.

·    Breach of clauses 32, 33(1), 33(3) and 42 of LEP.

·    Proposed structure is too high (cl.33(1)), walls are too high(cl.33(3)) and the floor space is too large (cl.42), use of roof serves as another floor.

·    Outlook form all south facing windows of 84 Beach St would be severely compromised and concerns are raised for the loss of views from unit 1 (clause 42).

·    No provision for view sharing. Front walls of proposed structure should be no closer than the present building.

·    Access and parking is a problem and this would be made worse by the proposal unless careful attention is given to it both during construction and later.

·    I oppose the use of roof space for recreational purposes. It would generate noise and invade privacy and other structures would be built which would effectively add another floor.

·    The large trees are attractive, provide privacy and provide a habitat for birds. They should not be removed.

 

Mrs Z Kaye & Mr Snow

2/84 Beach Street,

Coogee

 

·    Damage to bird life. Objector notes a variety of species including rare ones which use the tree.

·    Top two storeys are excessive. Footpath along the fence line will create noise and privacy problems. FSR indicates too many people.

·    Excessive cars will create vehicular conflict along the very narrow lane. No construction traffic should be allowed in the lane.

·    Bond should be imposed to ensure adjacent buildings aren’t damaged during construction.

 

Glenn & Jennifer Atkins

Residents Against Non-Compliance

89 Beach Street,

Coogee

 

·    Development creates a dangerous precedent.

·    Development is in clear breach of zoning controls.

 

Leigh Sutherland

2 Moore St,

Coogee 2034

 

·    Plan should be rejected because it does not comply with the 2b zoning.

·    All development in the area should comply.

·    Zoning reflects that the area should not be covered with flats.

 

Keith Murdoch

91 Beach Street

Coogee

 

·    Area is zoned 2B, the proposal contains elements that clearly come with 2C zoning, setting a precedent without rhyme or reason except developer wants to maximise return on the development.

·    Removal of old trees and associated wildlife.

·    Use of rooftop will erode privacy and promote noise pollution.

 

Willana & Associates (on behalf of Peter Dean)

PO Box 170

Randwick NSW 2031.

 

·    Non-compliance with 2B zone, FSR, height and external wall height,

·    Multi-Unit housing DCP

-     Site Planning. Proposal should be scaled down as the lot is narrow.

-     Height. Potential loss of privacy and views should be considered in height to minimise the amenity impacts to adjoining residents and the streetscape.

-     Building Setbacks. Maximum length of wall and potential impact to loss of privacy and streetscape issues.

-     Density. Appropriate bulk/height needs to be considered in relation to adjacent buildings.

-     Privacy. Impact to property to north from windows and balconies of proposed residences.

-     View Sharing. Impact of view loss and view sharing needs to be considered given excessive height.

 

       Jacqui Guy

      68 Beach Street

Coogee 2034

 

·    12m height of building in breach of existing 2B zoning,

·    Density proposed in excess of 2B zoning,

·    Inappropriate vehicle access to parking via Beach Lane South; safety concerns re entry to Alison Rd.

·    Tower Design would provide “corridor effect”.

 

Objections to the amended plans notified and advertised on 30 June 2004 are as follows:

 

       John & Del Buchanan

       83 Beach Street,

       Coogee 2034

 

·    Strong objection to the plans.

·    Lists changes proposed.

·    Questions relevance of FSR being 0.71 if floor space below existing ground level were ignored.

·    Proposal complies neither with height nor floor space requirements of the LEP.

·    Allowing the proposal would seriously compromise the integrity of the LEP that residents believe Council should be defending.

·    Some six months of time have already been wasted on this proposal. It should now be firmly refused.

·    Maximum height and external wall height of building is 9.95m, thus both maximum allowable building height of 9.5m and the maximum allowable wall height of 7m are exceeded.

·    New FSR is 0.91 or 40% greater than the FSR permitted.

·    FSR is 0.71 if the floor space below ground level were ignored – so what? The below ground floor area cannot be ignored and in any case the density would still be greater than the allowable 0.65:1 FSR.  FSR for a neighbourhood primarily concerns the population density and bears upon the amenity and adequacy of the services and infrastructure nearby.

·    Amended proposal grossly exceeds height and density controls and the SEPP 1 objections should be rejected and the application refused.

 

James & Lesley Allen

7/84 Beach Street,

Coogee NSW 2034

 

·    Expectation for Council to undertake its responsibility and ensure all new proposals comply with the LEP,

·    Contravening controls, which have gone through extensive community consultation and which set the ground rules for developers to work with, without reasonable justification indicates blatant disregard for amenity of area for the short term gain of developers.

·    The resubmitted plans still conflict with the LEP in that:

-     The maximum height of the building above ground level is still the parapet of the SE corner of the top floor and, at 9.95m, it still exceeds the 9.5m maximum allowable heights in a 2B zone.

-     The maximum allowable wall height (7m) is exceeded at the same location by nearly 3m.

-     While there has been a reduction on floor area, the proposed figure is 40% above the maximum permissible in the LEP. Confusion over intention referred in the letter that if the floor space below the existing ground level were ignored, the FSR would only be 0.71:1.

·    Application should be firmly refused due to non-compliances.

 

Rohan Delikhan

6/84 Beach Street,

Coogee, NSW, 2034

 

·    Maximum height of building exceeds that allowable in a 2B zone – ie 11.4m on the southern elevation and 9.95m in the southeast corner.

·    Rooftop terraces are likely to significantly impact on my building in terms of privacy and noise. These common areas should not be allowed in the development.

·    The FSR proposed is 0.91 compared with 0.65 maximum permitted by the LEP. Whether or not some of this is below ground seem irrelevant as high GFA allows a high population density which again has significant noise, traffic and privacy implications for the neighbourhood around Beach Lane.

·    Size and extent of excavation could damage building at 84 Beach Street.  The building currently has no structural problems. Possibility of damage to buildings structure and foundations seems quite high given the steep slope and large retaining wall.

·    Development at 96 Beach Street caused damage to the retaining wall and this has not been repaired.

·    Concern that a structure outside the zoning requirement will have a great impact.

·    How does developer guarantee no damage will occur to my building? If there is damage will the Council bear responsibility for timely rectification?

 

Paul Worcester

4/84 Beach Street,

Coogee NSW 2034

 

·    Strong objection as plans still do not comply with the 2B zoning in the following areas: FSR 0.91:1 is still 40% greater than the LEP 0.65 maximum, The maximum height exceeds allowable, maximum external wall height exceeds maximum.

·    No assessment undertaken on the stability of the Beach Street retaining wall and the stresses created by the excavation process. Precedent has been set with the collapse of the Arcadia St retaining wall after the 96 Beach Street development damaged it and repairs have not been completed.

·    Yet another example of overdevelopment by stealth. 

·    Traffic in beach lane will be dangerously increased and the entry/exit point into Alison Road is inadequate to deal with the increased traffic.

 

Chris Noonan and Glenys Rowe

82 Beach Street,

Coogee NSW

 

·    Strong objections as the proposal still doesn’t comply with the Zone 2b objectives.

·    Maximum wall height of building is 7m while the planned wall height of this building reaches 10m. Maximum height above ground level should be 9.5m, where in this case it is 9.95. The maximum floor space allowed is 0.65 in a 2B zone and this plan offers 0.91:1.

·    The developer has made an effort to amend plans since the original submission, but the original plans were outrageously non-compliant.

·    We regret that these plans still do not fit in with local guidelines and urge that it must be rejected on the basis of the preservation of the purposes and characters of the different zonings within the municipality.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

Site Management:

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

 

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

 

 

Building Code of Australia (BCA):

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

6.2  Engineering Issues

 

An application has been received for construction of a residential flat building at the above site containing 7 units with basement carparking via a car lift.

 

Landscape Comments

There are several trees covered by Council’s Tree Preservation Order at this site that will be affected by this proposal. All existing trees are shown as being removed on the plans provided, and approval is granted for this as they are all either insignificant, in poor condition or unsuitable.

 

There are two (2) Phoenix canariensis (Canary Island Date Palms), about 2m tall in the front yard along the southern boundary. Approval is granted for the removal of both of these palms.

 

There is one Metrosideros excelsa (NZ Christmas Tree) in the front yard near the front property boundary. It is a poor specimen, and as such, approval is granted for its removal.

 

There is one Phoenix canariensis (Canary Island Date Palm) on the small grass nature strip above the retaining wall. To avoid future encroachment of fronds onto the public footpath, this palm should also be removed.

 

There is one tree (species undetermined), approximately 7 metres in height along the front property boundary that appears in poor condition. Approval is granted for the removal of this tree.

 

There is one large Pinus species (Pine tree) approximately 8 metres in height by 6 metres in width, in the northeast corner of the front yard. Although this tree is large, it is exotic in origin, and considering its excessive leaf and fruit fall, approval is granted for its removal subject to more suitable advanced native trees being provided in its place.

 

There is another Phoenix canariensis (Canary Island Date Palm) in the front yard, about 3 metres tall, near the northern property boundary. Approval is granted for the removal of this palm

 

There is one Lagunaria patersonii (Norfolk Island Hibiscus) approximately 7 metres in height in the front yard, near the northern side of the site. It is considered insignificant, and as such, approval is granted for its removal. To the west, there is one dead Metrosideros excelsa (NZ Christmas Tree), about 6 metres tall that should also be removed.

 

In the rear yard, there is one Erythrina x sykesii (Coral Tree), of approximately 10 metres in height, close to the northern boundary. It appears in reasonable condition and provides screening and privacy between this site and the adjacent block of units to the north; however, approval is granted for its removal subject to more suitable native screen trees being provided in its place.

 

There is another large Pinus species (Pine tree) of approximately 12 metres in height and 8 metres in width in the rear yard. It is quite significant, however, as stated for the Pine tree in the front yard, due to their non-native origin as well as excessive leaf and fruit fall, it would be more appropriate to remove this tree and replace it with more suitable native trees. To the south of this tree, there is another Pinus species (Pine Tree), about 9 metres tall. It is a poor specimen, and as such, approval is also granted for its removal.

 

There is one Phoenix canariensis (Canary Island Date Palm) and one Erythrina x sykesii (Coral Tree), both about 4-5 metres tall at the rear of the site. Neither is considered significant, and as such, approval is granted for their removal subject to replacements being provided within the site.

 

The proposed use of Olea europaea (Olive Tree) is not supported due to this species self seeding properties, and is to be replaced with a suitable alternative on the landscaping plans and planting schedule submitted for the construction certificate application.

 

Councils’ Landscape Technician requests that further details/supporting documentation be provided, with the Landscape Plan for the Construction certificate, regarding the proposed tree plantings over the excavated basement carpark, in order to ascertain whether this proposal is feasible.

 

Drainage Comments

 

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

 

Traffic Comments

The DPCD Dept is advised that the AIS Dept has discussed the increasing  submissions  with car lifts and has concluded that it does not support any proposed car lifts due to:
The proposal may cause queuing and reversing out on to Council’s roadway.
Possibility of mechanical malfunction making the carpark useless indefinitely.

 

Inability to condition the development to ensure it has suitable strata funds to carry out repairs.

 

Should the DPCD Dept consider approving the proposed car lift they should consider including conditions which deal with the following:

 

·    Training of all residents using the car lift be required as part of the strata management. The training of the residents should be conducted by suitably qualified instructor.

 

·    Details of the car lift operation and safety requirements should be included in any contract of sale.

 

·    Sufficient strata management fees are available for necessary mechanical repairs.

 

·    The proposed waiting bay fronting Beach Lane be suitably signposted for exclusive use as a waiting bay.

 

The DPCD Dept is to determine whether the carpark layout complies with Council’s DCP

Parking.

 

BEACH LANE RECONSTRUCTION COMMENTS

The DPCD Dept is also advised that the AIS Dept does not support vehicular access from Beach lane without major reconstruction of Beach Lane to allow vehicles to pass safely at its northern end. The applicant has agreed in principle to this requirement and details submitted after a recent meeting between the AIS Dept and the applicant’s representatives has shown that Beach Lane can be reconstructed to provide satisfactory vehicle travel path at the northern end of Beach Lane.
The AIS Dept would like the actual extent of works and its design resolved prior to issuing a Construction Certificate. The AIS Dept has included relevant conditions in this report.

 

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

-     Development Control Plan – Multi Unit Housing

-     Development Control Plan – Parking

-     S94 Contributions Plan

-     Building Code of Australia

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2B Residential 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

 

31 (2) 50% of total area or 410.15sq.m.

 

31 (3) Not more than 50% over basement (max 205 sq.m)

413.45 sq.m. (50.4%)

 

 

191.10 sq.m.

 

 

Yes

 

 

Yes

 

32 - FSR

0.65:1

0.91:1

No (SEPP 1 Objection refer below)

33 - Building Height

33(3) 7m External Wall Height

 

 

 

3

 

3 (1)9.5m overall height

 

 

 

4.5m - 11.4m (11.4m maximum only occurs at stairs to roof, average height between 8.5m and 10m).

 

 

4.5m - 11.4m (11.4m- as above, maximum at stairs to roof, average height between 8.5m and 10m).

 

No (SEPP 1 objection, refer below)

 

 

 

No (SEPP 1 objection, refer below).

 

 

(b)   State Environmental Planning Policy No. 1

 

The applicant has submitted two SEPP 1 objections for non-compliances relating to Clause 32 (1) Floor Space and Clauses 33(1) Height and 33(3) External Wall Height. The reasons provided for the non-compliances are listed below.

 

SEPP 1 Objection to Clause 32 (1) - Floor Space.

 

(a) The character, size, bulk, scale, height, setbacks and external appearance of the proposed development are not inconsistent with that of other development in the vicinity

 

The proposed development is of a high quality design and is not inconsistent in character, size, bulk, scale height, setbacks and external appearance with the existing adjoining development and other development in the immediate locality, namely the adjoining buildings at Nos. 84 and 90 – 96 Beach Street, and the three and four storey scale of existing residential flat buildings to the east, south east and south of the site.

 

(b) The proposed development provides appropriate useable private and communal open space areas for future residents

 

The LEP requires the provision of 50% of the site area as landscaping.. The proposed development satisfies this minimum requirement with the provision of 50.4% of the site area as landscaped area, of which 222.35 sqm or 53.8% is soft landscaping.

Each dwelling will have private open space areas in the form of substantial sized decks having areas and dimensions in significant excess of the numerical requirements of the Multi-Unit Housing DCP.

 

Communal open space is located around the perimeter of the site.

 

(c) There will be no unreasonable adverse impacts on adjoining properties

 

The proposal is satisfactory in terms of its potential impacts on adjoining properties in respect of overshadowing, loss of privacy, and views and visual impacts.

 

Privacy

 

The proposal has been designed to minimise privacy impacts to the proposed units and to surrounding neighbours. Potential overlooking is limited by way of separation distances, difference in levels, the incorporation of privacy screens, location of windows and use of landscaping. The proposal will not impact on the amenity of future occupants of the development or adjoining properties in terms of loss of privacy.

 

Overshadowing Impacts

 

Extent of overshadowing is within acceptable limits. During mid winter there will be a limited impact from shadows to windows to living areas contained in dwellings in the adjoining building to the south. The private open space to neighbouring dwellings will continue to receive more than the minimum three hours of sunlight during the worst part of the year.

 

Overshadowing impacts are considered acceptable and the development complies with the intent of the objectives in relation to solar aspect.

 

Views and Visual Impacts

 

The proposal is larger and bulkier than that which currently exists. The proposal has a similar setback to adjacent buildings and is compatible in height and side setbacks with neighbouring buildings. Existing views to the south and southeast for the front balcony of the two storey dwelling to the rear will not be impacted by the proposal.

 

Compliance with the objectives of the zone and purpose of the standard.

 

The development is consistent with the underlying purpose of the floor space ratio development standard in that:

 

·        it is not inconsistent with other development in the locality in terms of its design, character, height, bulk, scale, size, and setbacks and the amount of private open space afforded,

·        the height of the building is consistent and compatible with that of existing adjoining development and other development in the vicinity along Beach Street, and the bulk and setbacks of the proposed building provide an appropriate infill building from within the streetscape,

·        it contributes positively to the desired future character of the streetscape and the locality,

·        it will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy or views, overshadowing and visual impact;

·        it will not detrimentally impact on the amenity of the existing residential development of the area nor will it result in any unreasonable adverse impacts;

·        it provides adequate open space areas for private and communal recreation;

·        it is not inconsistent with the scale and character of the streetscape.

·        If the area below existing ground level were excluded from the GFA calculations due to the fact that it poses no adverse impact on adjoining properties or streetscape, the proposal would have a GFA of 584.3 sq.m, representing an FSR of 0.71:1. This is a departure of only 51.105sq.m or 9.58% from the 0.65:1 development standard.

 

Comment: The proposed development has an FSR of 0.91:1 resulting in a non-compliance of 0.26:1 or 213 sq.m. The proposed fourth level (ie the top floor) is set back from the proposed third floor below by 3m – 4m fronting Beach Street. The lower three levels have a consistent setback with adjacent development. This has the effect of reducing the buildings visual bulk from the street frontage and the road level further below, giving the building the appearance of a three storey development. This design allows a visual transition between the bulk of the adjacent building to the south and the adjacent building to the north effectively marrying their bulk. From street level the proposal will appear consistent with adjacent buildings and will not visually dominate the streetscape nor will it detract from it.

 

The bulk of the building is stretched along the site and the building envelope is much longer than the adjacent buildings (12m longer than the adjacent units to the south and 15m longer than the adjacent building to the north). The buildings length is articulated with a narrow section in the middle (containing stairwell and lift) which essentially creates two segments.

 

The additional bulk at the rear does not result in adverse amenity impacts to adjacent buildings in the form of privacy loss, overshadowing, overlooking, or significant view loss as is discussed in greater detail in section 7 of this report.

 

The surrounding development in the area exhibits buildings of varying scale which currently exceed the FSR control for the 2B zone. Notably, 90 Beach Street (adjacent to the subject site on the south side) was approved by Council with an FSR of 1.06:1 in December 2000, on the basis of the existing use rights that applied to the site, and that a significant amount of the floor space that was proposed below ground level, thereby not contributing to the overall bulk and scale of the building.

 

The level of floor space proposed in the subject development above ground level is 0.71:1 which provides for a resultant built form which will be consistent with the scale of adjacent and surrounding buildings.

 

It is considered that the SEPP 1 objection is well founded and that despite the large numerical exceedance in floor area, the proposed bulk of the building is compatible with adjacent buildings and will not result in additional amenity impacts to adjacent and surrounding residents (matters relating to privacy, shadowing, etc are addressed further in the report).

 

SEPP 1 Objection to Clause 33 – Height.

Clause 33(1) – The maximum height for a building …….within Zone No 2B is 9.5 metres measured vertically from any point on ground level.

 

Clause 33(3) The maximum height for any external wall of a building …….within Zone No 2B is 7metres measured vertically from any point on ground level.

 

The proposed development is consistent with the underlying purpose of the floor space ratio development standard in that:

 

·    it is not inconsistent with other development in the locality in terms of its design, character, height, bulk, scale, size, and setbacks;

·    the height of the building is consistent and compatible with that of existing adjoining development and other development in the vicinity along Beach Street, and the design, bulk and setbacks of the proposed building provide an appropriate infill building form within the existing Type 7 streetscape,

·    it contributes positively to the desired future character of the streetscape and the locality,

·    it will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy, overshadowing, views and visual impact,

·    it will not detrimentally impact on the amenity of the existing residential development of the area nor will it result in any unreasonable adverse impacts, and

·    it is not inconsistent with the scale and character of the streetscape.

·    The original design had a maximum ridge and external wall height of 12.9m to the southern face of the glazed elevation. The proposal has now been reduced to 11.4m at this same position,

·    The parapet on the eastern front has been reduced by 2.26m resulting in a maximum height of 9.95m (on the S/E corner),

·    In addition to lowering the building across the entire site, the amended proposal has removed much of the area previously identified by Council as being bulky, namely the front and rear elevations, by setting back the uppermost levels from the perimeter of the building, which has had an effect of also improving views from the units on the upper floors to the north, looking back across to Coogee Beach.

·    The reduction in height has improved the proposal’s performance in terms of overshadowing of adjoining properties, as is evidenced in the shadow diagrams.

·    The rear elevation varies between 7.74m on the north western corner and 8.74m on the south western corner. The front elevation has a height of 8.5m on the northeastern corner. In this regard, the front and rear elevations of the amended proposal are fully compliant with the 9.5m maximum building height.

 

Comment: The proposed height has been reduced significantly from the original application. The front and rear elevations have been redesigned to remove significant bulk. Setting these levels back significantly reduces their visibility from the street and lane.

 

From the southern elevation, the proposal exceeds the maximum height of 9.5m for a very small portion at the front elevation and through the middle of the site (at the stairwell and for a small part over the front half of the building). The height exceedance for these points varies between 30cm and 1.9m (in the middle to the stairwell). Due to the fall in height across the site, the height to the southern elevation will always be much higher than the northern elevation. The unusual slope of the site makes it difficult to design a building in full compliance with the height controls whilst being consistent with the height of adjacent buildings. The steep slope from front to back and side to side poses a significant design challenge requiring appropriate and sensitive stepping and setbacks in the design to ensure the building relates to the topography of the site and the adjacent buildings without creating amenity impacts. The external wall height on the southern side is the same as the overall height. The external wall height however is exceeded throughout.

 

From the northern elevation, the entire building sits well below the 9.5m height line except for a small section toward the front of the building where the building protrudes through the 9.5m height line by approximately 20cm. The 7m external wall height maximum is generally exceeded however the height is less than the adjacent “Wandal” building to the north.

 

The exceedances in height proposed are consistent with adjacent buildings which have external wall heights varying between 7m and 12m. Importantly, the adjacent buildings have a three to four storey bulk/height consistent with the proposed development. From the streetscape the proposed height will bridge the height of the two adjacent buildings. The proposed development will not appear as the dominant element in the street nor will it appear out of context with the adjacent and surrounding built forms. The additional height does not result in privacy, view loss or overshadowing concerns as discussed further in this report.

 

The proposed height is considered to be appropriate and the objection under SEPP 1 is well founded.

 

(c)    State Environmental Planning Policy 65 (SEPP 65).

 

The proposed development was referred to the panel meeting of 10 November 2003 who commented as follows:

 

INTRODUCTION

 

It was noted that this was a development application and the first Panel meeting with the applicant.

 

A copy of the ten SEPP 65 Design Quality Principles are attached.  The Panel’s comments, set out below, are to assist Randwick Council in its consideration of the application, and to assist applicants to achieve better design outcomes in relation to these principles.

 

The absence of a comment under any of the heads of consideration does not necessarily imply that the Panel considers the particular matter has been satisfactorily addressed, as it may be that changes suggested under other heads will generate a desirable change.

 

The Panel draws the attention of applicants to the Residential Flat Design Code, as published by Planning NSW (September 2002), which provides guidance on all the issues addressed below.

This document is available from the Department of Infrastructure Planning and Natural Resources.

 

Note:

To address these Panel's comments, the applicant may need to submit amended plans.  Prior to preparing any amended plans, the applicant should discuss the Panel's comments and any other matter that may require amendment with the assessing Planning Officer.

 

When addressing the Panel's comments by way of amendments, if the applicant does not propose to address all or the bulk of the Panel's comments, and wishes to make minor amendments only, then it should be taken that the Panel considers the proposal does not meet the SEPP 65 requirements.  In these instances it is unlikely the scheme will be referred back to the Panel for further review.

 

PANEL COMMENTS

 

1.         Relationship to the Context of the Proposal

 

The proposal fits well into its context and did not appear to adversely impact neighbours

 

2.         The Scale of the Proposal

 

The proposal is compatible with the scale of adjoining buildings.

 

3.         The Built Form of the Proposal

 

The buildings are well configured on the site, however it is suggested that a BCA check of the proposal be carried out.

 

 

4.         The Proposed Density

 

The panel, is aware that the proposal exceeds the allowable FSR for this area, however considers that it is not a matter for the committee to determine.

 

5.         Resource and Energy Use and Water Efficiency

 

Overhangs to windows and doors should be introduced on the northern elevation to provide shading and weather protection.

 

6.         The Proposed Landscape

 

The Panel is skeptical of the long term survival of the proposed roof top planting proposal.  An alternative planting solution is required such as podium planter boxes with a larger soil volume and the use of low growing hardy shrubs or ground covers.  Particular attention needs to be paid to species selection, given the exposed nature of the roof top terraces.

 

Boundary interface to the southern side of the property needs to be reconsidered to address levels, functionality, and practicality of planting and maintenance of the proposed raised planters shown on elevations.

 

Deep soil planting should be introduced at the rear of the site and around the car park area to achieve additional tree planting.

 

Substantial greening in the northern part of the site, where the large pine tree currently exists, should be provided.  Specific tree species should be nominated on the DA plans at the front of the site, (Beach St) Particular attention to species selection is required due to the exposed nature of the site.

 

A minimum soil depth of 1200-1300mm is required for planting upon podiums is required.

 

7.         The Amenity of the Proposal for its Users

           

Small windows within the second bedrooms towards the rear of the site should be larger to increase daylight and cross ventilation. 

 

It is suggested that opportunities to increase solar access & light penetration through the use of top light windows, skylights and roof penetrations be explored.

 

The provision of a covered outdoor area for unit one would prove beneficial, to enable privacy and a useable open space area.

 

Stairwell to have translucent rather than opaque glass, to allow natural daylight to enter the building.

 

8.         The Safety and Security Characteristics of the Proposal

 

9.         Social issues

 

The Panel considers that a small adjustment to stairways and entries could make it easier to manipulate furniture within the building.

 

10.       The Aesthetics of the Proposal

 

The elevational proportions and treatments are satisfactory.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel would like to see the matters raised in this report addressed.  Subsequently the Panel believes that subject to minor amendments this proposal should progress to its subsequent stages.

 

7.1  Policy Controls

a.    Development Control Plan Multi Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements or preferred solutions)

 

 

BUILDING SETBACKS

 

Front  boundary setbacks

P1 The front setback consistent with streetscape/adjoining dwelling.

Side boundary setbacks

P2 Ensure that:

·      solar access is maintained and overshadowing minimised.

·      privacy between neighbouring dwellings and their own spaces provided.

·      Landscaping and private open space provided.

·      Streetscape amenity is maintained.

 

 

 

 

 

 

 

 

 

 

 

S2  Zone 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.

 

 

 

 

The front setback at 6 – 6.5m is consistent with the setback of the adjacent buildings.

 

 

 

 

 

Complies, average setback to both sides approximately 4m to 4.5m

 

 

 

Complies. Minimum is 2.5m with maximum 7.5m.

 

Complies. Maximum is 10m on southern boundary.

 

 

Complies.

 

 
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.

 

 

 

 

Complies. Minimum setback to rear of units is 6.5m (setback from car lift to rear is 1m).

 

Complies. Rear setback 6.5m to 8m. Walls of open air car lift protrude from rear setback to 1m from the rear boundary.

 

 

Complies.

 

 

Complies.

 

 

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.

 

 

Complies.

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Complies. The proposed FSR for the site is exceeded. This is consistent with surrounding buildings which also exceed density controls. The three storey appearance of the building is compatible with adjacent and surrounding buildings.

 

FENCES

 

P1

·      Front fences consistent  with  streetscape.

·      Entrances highlighted.

·      Planting used to soften and provide privacy.

 

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

 

 

 

Complies. No front fence is proposed. Due to the steep grade at the front and across the site, a terraced landscaped area is proposed. The wall height of the terrace to the street varies between 500mm and 1.2m

 

LANDSCAPING AND PRIVATE OPEN SPACE

 

Landscaped Areas

P1 Sufficient size allow recreational activities and substantial vegetation.

 

 

S1  Minimum for landscaped area 2 metres.

 

 

Complies. Main communal landscaped areas are on the north side and at the front.

 

 

P2 Landscaped areas around flat buildings be undivided communal open space.

 

 

Complies. The main communal area is on the northern side boundary where a bbq area is provided.

 

 

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.

 

 

 

 

 

Complies. All private areas are designed and oriented to achieve maximum privacy and adjoin living areas.

 

Complies. Front balconies and terraced areas are a feature of the streetscape to capture views to the east. The proposal is consistent with this context.

 

 

Flats and apartments

 

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

 

 

 

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

 

 

 

 

All units easily comply.

 

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.

 

 

 

Complies. Windows, walls, terraces and balconies are designed and angled away from openings to adjacent properties which minimises impacts between properties.

 

P2 Private open space design and location ensure privacy.

 

Complies. Private areas design to southern side to avoid overlooking from units to the north.

 

VIEW SHARING

 

 
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.

 

 

 

 

Complies. Conditions will be imposed to ensure compliance.

 

 

 

 

 

 

Complies.

 

 

 

Complies. View impacts from the proposal are to adjacent flats to the north and a two storey dwelling at the west. Building has been designed to ensure main views to adjacent buildings are preserved. This is assessed further below.

 

 

 

 

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

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

 

P1.1 Solar access to existing solar collectors maintained between 9am and 3pm.

 

 

 

 

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.

 

 

 

 

 

 

Complies.

 

 

 

Complies. The subject site is heavily overshadowed by the adjacent units to the north. The proposed building has been designed to enable maximum sun penetration from the west and the east.

 

Complies. No impact to living areas of adjacent units to the south. All living areas to those units front the street and are east facing.

 

Complies. Principle usable open space to adjacent southern units is to the front of the site. The rear landscaped area is a steep vegetated area which provides unusable but visually aesthetic space.  The proposed development casts shadows to this area however good solar penetration is retained to this space between 11am and 2pm at the winter solstice.

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

Complies. All units achieve 3.5 to 4.5 stars.

 

Complies. Living areas at rear oriented to the north. Living areas to the front are oriented to the east and northeast.

 

 

P5   Roof design and orientation suitable for solar collectors.

 

S5  Solar collector roof area  to face 45 degrees east and 45 degrees west of north, and slope between 15 and 55 degrees to the horizontal.

 

Complies. The proposed large flat roof enables it to be used as a solar collector.

 

 

P6 Heat loss is minimised in plumbing and services.

 

 

Complies.

 

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.

 

 

 

High degree of surveillance provided by orientation of buildings and living areas to street.

 

Complies. Front walls are low height.

 

Complies, parking is internal.

 

 

 

Complies, visitor space clearly marked.

 

 

Complies.

 

 

 

Complies.

 

PARKING

 

 

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

 

P2 Parking spaces for people with a disability provided as required (refer to dwelling number requirements in P1 and P2 Barrier Free Access).

 

P3 Secure storage for bicycles are provided.

 

 

 

Complies, parking accessed off rear lane.

 

 

 

1 space provided in the basement carpark..

 

 

 

 

 

Bike rack provided in basement carpark for three bikes. DCP requirement is 1 for every 3 units and proposal complies.

 

 

 

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

 

studio apartment*

1 space per two studios

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling
dwelling
                           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2 x 1.2 = 2.4

 

4 x 1.5 = 6

 

Total required for residential 8.4.

12 provided. Complies

 

 

Visitor parking is 1 space  per 4 dwellings.

 

 

2 visitors required. 1 provided. 1 resident space to be allocated to visitors. Resident space at ground level to be allocated to for visitors.

 

DRIVEWAYS AND MANOUVERING AREAS

 

P1 Driveways and manoeuvring areas minimised.

 

 

Complies.

 

 

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.

 

 

Complies. Turning area provided within basement carpark and diagrams submitted showing turning circles.

 

 

P3 Driveways and access roads avoid a ‘gun barrel’ effect.

 

S3  Long driveways provide passing bays.

 

 

Complies.

 

 

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.

 

Complies.

 

 

P5 Materials and finishes consistent.

 

S5  Large expanses of uncoloured concrete avoided.

 

Complies.

 

 

P6  Driveway gradients safe.

 

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

 

No gradient. Lift proposed.

 

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 .

 

 

Complies. Storage areas are proposed within the basement garage above the car parking spaces as well as internally within the units.

 

 

 

BARRIER-FREE ACCESS

 

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

 

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

 

Disabled access only available to the units by lift from the carpark. Access is constrained by the steep slope of the site.  Conditions to be imposed that compliance is achieved in accordance with BCA.

 

 

P2  Dwelling requirements are: 

 

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3  and so on.

 

The requirements of AS 1428.1 and AS 4299 are  to be considered.

 

 

 

 

 

6 dwellings proposed, no barrier free units necessary.

 

 

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

 

 

NA.

 

 

 

P4  Passenger lifts provide access for people with a disability to common and parking areas.

 

 

 

 

Complies.

 

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.

 

Basement garbage storage areas provided and external garbage areas provided at rear. Complies with requirements. Conditions to be imposed.

 

 

 

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.

 

 

 

NA.

 

 

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.

 

Facilities provided within the basement carpark and at the rear of the site. Facilities not visible from Street level.

 

 

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   Privacy

 

Balconies and terraces are proposed at all levels. These balconies are located fronting Beach Street to access views to the ocean, along the rear southern boundary to access views to Coogee Beach and small balconies are located at the rear and on the northern side of the front building. The balconies are positioned so that overlooking to adjacent properties is minimised.

 

The south facing balconies at the rear face the development to the south. The adjacent development to the south has main living rooms and balconies oriented to the east, southeast and south. The proposed south facing balconies will overlook the landscaping of the adjacent building (this is a large landscaped area sited on a steep slope which serves an aesthetic purpose only and is unusable)  to the south and the rear of the building which is predominantly wall area punctured with large bedroom windows. Due to the curving nature of the adjacent southern building and the orientation of the proposed balcony, the site line available to users of the balcony is directly south towards Coogee Beach. The distance between the balcony and bedrooms to the adjacent southern building that would be visible given the line of site is 21m at a minimum. This separation ensures a high degree of privacy between the buildings. Further, as the new landscaping to the rear of the adjacent southern building matures, a green visual screen will form providing additional privacy.

 

The balconies facing the east will provide views to the ocean and over the dwellings and their yards to the east (these dwellings front Moore Street, Beach Street and Arcadia Street). East facing windows to “Wandal” to the north and east facing balconies and windows to the adjacent southern property enjoy this view as well. Whilst the proposed development creates a view over many rear yards, these yards are located at a minimum 30m from the balconies and are located at a much lower elevation. The main site line from the balconies is over roof tops and it is not considered that the proposed balconies will significantly diminish the amenity enjoyed by surrounding residents. The sheer distance to the surrounding buildings effectively restricts any reasonable ability to overlook.

 

The proposed north facing balconies to the eastern section of the building have dimensions 1.2m wide x 4.4m long and serve to provide light and ventilation rather than usable private open space.  These balconies face the side windows of units located in the adjacent building to the north. The privacy impacts from this to the units in “Wandal” to the north are minimal due to their small size and because they are attached to the rear of the kitchen rather than a usable outfacing living area.

 

The west facing balconies to the rear at the first and second floors are attached to bedrooms. The second floor balcony is small and serves a light and ventilation purpose only while the first floor balcony is wedged in-between two bedrooms and is not in alignment with the main east facing balcony to the adjacent property to the west.

The proposed balconies are designed with consideration of the neighbours privacy and overall will have very minimal adverse impact to the amenity and privacy of adjacent and surrounding residents.

 

8.2 View Sharing

 

The DCP-Multi Unit Housing requires thatbuildings are designed to allow a sharing of views”.

 

The subject clause does not state what is view sharing or when view sharing is reasonable. In this regard, Senior Commissioner Roseth in Tenacity v Warringah Council (2004) has established a planning principle in respect to the concept of view sharing:

 

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

 

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

 

1.   An assessment of the view affected,

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

3.   An assessment of the extent of the impact,

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

 

An assessment based on this method of analysis is provided for the potential view loss from the first floor of the building to the west across Beach Lane, known as 349A Alison Road, Coogee and “Wandal” at 84-86 Beach Street.

 

                           

 

1. View of ocean and Coogee from rear lane.

 

    

 

2.Rear of site with palm that obscures views.        3.Rear of site showing current vehicle   access.

 

349A Alison Road contains a two storey dwelling with a first floor balcony facing Beach Lane which has views to the southeast and south (of the ocean and Coogee beach). The main view is to the south and southeast over 90 Beach Street (shown in photo 1 above). The view to the east (across the subject site) is very limited (shown photos 2 and 3 above) and is greatly obscured by palm trees and the existing building. The view loss created as a result of the proposed development is relatively minor and is not considered significant given the commanding views to the ocean and Coogee beach to the south and southeast will remain. The proposed development will not have significant impact on view loss to 349A Alison Road Coogee.

 

Units located on the southern side of “Wandal” at 84-86 Beach Street (to the north of the subject site) have south facing windows. Units fronting Beach Street have large east facing sunrooms and part of the window faces south and captures views of the ocean and Coogee. The existing building and pine trees obscures any view to the south for the bottom two floors located within the “Wandal” apartments. The top floor south facing units within “Wandal” currently enjoy views to the south and south east. The proposed building has been designed to preserve and enhance views to the front unit and its sunroom by setting the entire upper level back behind the sunroom window and removing the existing trees.  It is considered that this is a good example of view sharing as the design is mindful of preserving existing views and is arranged specifically to allow this to occur. 

 

Overall, the proposed development does not result in unreasonable view loss impacts and is consistent with the principle of view sharing.

 

8.3 Solar Access

 

The subject site is located south of the large residential flat building to the north known as “Wandal”. This building casts significant shadows on to the subject site and restricts designs attempting to capture northern sunlight. Given this constraint the living rooms to the front section of the proposed development (which are most affected by the shadows) are oriented to the east to capture morning sunlight and the dining room is angled to the northwest to capture sunlight from that direction. This design ensures optimum solar penetration to main living areas and is supported. The rear units obtain good solar penetration from the north.

 

Shadow diagrams submitted with the application demonstrate that the impact to the property to the south is mainly in the morning and afternoon. Good levels of solar penetration will be maintained to the adjacent southern property in accordance with Council guidelines.

 

8.4 Parking

 

The proposed development contains 11 residential spaces in the basement carpark (including a wider bay for disabled parking) and 2 spaces at ground level (1 for residents and 1 as a carwash/visitors space). The DCP requires 8.4 residential spaces and 1.5 (rounded up to 2) visitors spaces. The proposal therefore complies with residential space requirements but not visitors. A condition will be imposed requiring the two ground level spaces to be allocated for visitors spaces.

 

The proposed car lift is objected to by Council’s Assets & Infrastructure Services Section due to assumed maintenance and operational difficulties. The applicant has submitted a traffic and parking assessment by a suitably qualified consultant which concludes that the design and specifications for the lift will fully comply with the relevant Australian Standards for car lifts. No objection is raised to the car lift subject to conditions ensuring appropriate maintenance and operation.

 

The internal manoeuvring area within the basement car park is adequate. The applicant has provided turning circles which indicate that vehicles will be able to manoeuvre so that they can enter and exit in a forward direction.

 

8.5 Issues raised in Submission

 

·    The impact of 13 cars continuously using a grossly under prepared road, along with the transportation of materials by trucks, which are going to be at a minimum large tip trucks, be taken into account.

 

Comment: A traffic study was submitted with the development application. Council’s Assets and Infrastructure Services section has reviewed the traffic impact and has raised no objection. The traffic study submitted made the following conclusions:

 

-     The traffic generation arising from the development is very moderate and equates to one additional vehicle movement every 30 minutes at peak times. This will have minimal impact in terms of the performance of the road system. Notwithstanding, works are proposed that will result in improved safety and amenity and will benefit existing residents.

 

The rear lane proposed to be used for the subject development has very few properties that back onto it. The primary use for rear lanes is for vehicle access.  Even if the peak generation of vehicles in the lane was as high as five vehicles per half hour, the lane could easily cope given it is to be widened. It is considered that the proposed development will not significantly impact the lane and given the applicant proposes to widen the lane, no objections are raised with respect to the car park and its likely traffic generation.

 

·    Concern over the impact of the trucks on the hedge which is the boundary and the retaining wall the road sits on. If the trucks use this road for access that wall will almost certainly collapse towards the house bringing sections of road with it.

 

Comment: Conditions will be imposed ensuring the construction phase of the development is managed effectively.

 

·    Significant height non-compliance in 2B zone. Corridor effect created by a combination of the height and setback too close to boundary.

 

Comment: This matter been addressed previously. The proposed development will not create a corridor effect. The site is located on top of a 3-4m high retaining wall which fronts the carriageway at Beach Street. The opposite side or eastern side of Beach Street is sited at ground level and has one and two storey dwellings. The very nature of the street with its high retaining wall precludes a corridor effect unless development occurs to the east of Beach Street.

 

·    Removal of long established trees causing privacy issue. Ocean views at expense of privacy has already occurred at 96 Beach St, residents are determined not to have a repeat of this.

 

Comment: This matter is addressed in the landscaping section of the technical officers comments on section 6.2 Engineering Issues above. Council’s landscaping section supports their removal for replacement by native species. Loss of ocean views is also addressed in section 7.

 

·    Serious violations occurred while 96 Beach was being constructed (eg trucks and cranes arriving at 5am, excess noise outside of hours, no observance of rules and regulations which was also not enforced by Council).

 

Comment: The alleged non-compliance in other developments is not a matter for consideration in the subject application.  Conditions will be imposed to restrict construction hours and any breaches of the conditions will be subject to the regulatory provisions of the Environmental Planning and Assessment Act 1979, as amended.

 

·    Traffic ingress-egress via lane off Alison Road appears inadequate to serve the proposed and existing development. Garbage trucks already have problems accessing the site.

 

Comment: A plan submitted for the widening of the lane will address these issues. Council’s Assets and Infrastructure Services Section supports the road widening subject to conditions.

 

·    Object to removal of two black pine trees which are a hundred years old, provide privacy, shade and the wonderful scent of pine.

Comment: This matter is addressed in the Technical Officers comments in section 6.2 above.

 

·    Beach lane should not be used as a means of egress/ingress for construction, materials and equipment when the lane has just been resurface. Earth moving equipment and heavy machinery associated with construction will damage the lane.

 

Comment: Access to the site via Beach Lane for construction purposes is the only viable means of accessing the site for construction vehicles. No objections are raised to this subject to conditions ensuring the lane is not blocked or damaged without rectification.

 

·    How does developer guarantee no damage will occur to my building? If there is damage will the Council bear responsibility for timely rectification?

 

Comment: Conditions have been imposed to ensure neighbouring properties are protected during the construction phase, including the requirement for a dilapidation report.

 

9    CONCLUSION

 

The proposed development is considered appropriate for the site despite the non-compliances with floor space and height controls. The scale of development is consistent with surrounding development and the building will not appear out of context or dominant from the streetscape. The proposal will not result in the adverse loss of amenity to adjacent owners and overall is considered worthy of approval subject to conditions.

 

RECOMMENDATION:

 

A.        THAT the Council support the objection under State Environmental Planning Policy No. 1 (SEPP No. 1) in respect to non-compliance with Clauses 33(1), 33(3) and 32(1) of the Randwick Local Environmental Plan 1998 (relating to floor space ratio and external wall height) on the grounds that the proposed development complies with the objective of the clauses and will not adversely affect the amenity of the surrounding locality, and that the Department of Infrastructure, Planning and Natural Resources be advised accordingly:

 

B.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 03/00912 for demolition of the existing buildings and erection of a new part three part four storey multi unit housing development containing six dwellings and basement carparking for 13 vehicles with rear lane access at 88 Beach Street, Coogee subject to the following conditions:-

1.         The development must be implemented substantially in accordance with the plans numbered DA01, dated 01.04.04  and received by Council on 12 August 2004, and plans numbered  DA 02 – DA 10, dated 09.06.2004 and received by Council on 12 August 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 car parking space designated for residents at the ground floor at the rear of the site adjacent to Beach Lane shall be designated for visitors purposes.

 

3.         The colours, materials and finishes of the external surfaces to the building are to be in accordance with the colour, materials and finishes board submitted to Council and titled “exterior finishes for 88 Beach Street Coogee” and received by Council on 7 October 2003.

 

4.         The proposed car lift is to be designed and constructed in accordance with the Australian Standards for car lifts. Details to be submitted with the construction certificate application.

 

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

 

6.         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.

 

7.         In accordance with the provisions of clauses 143A and 154A of the Environmental Planning and Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

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

 

 

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               $ 8196.00

b)       for the provision or improvement of community facilities   $ 3624.00

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.

 

(This calculation is based on a credit for the existing building which has 3 x 2bedroom units and 1 x 1 bedroom unit).

 

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:

 

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

 

In this regard, the operation of the premises shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with Environmental Protection Authority guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content, in accordance with the relevant provisions of the NSW Environmental Protection Authority’s Environmental Noise Control Manual, Industrial Noise Policy 2000 and The Protection of the Environment Operations Act 1997.

 

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

 

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

 

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

 

20        There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

22.       Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials.

 

A Waste Management Plan is to be submitted to Council and approved by Council’s Manager of Waste Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued for the proposed development.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

§  All of the premises adjoining the subject site

 

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

 

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 is to be submitted to the principal certifying authority (and the Council, if the Council is not the principal certifying authority) prior to occupation of the building, certifying the structural adequacy of the building and that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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.

 

36.       A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

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

 

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

 

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

 

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

 

38.       All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

39.       If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must:

·        preserve and protect the building /s on the adjoining land from damage; and

·        if necessary, underpin and support the building and excavation in an approved manner; and

·        at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

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

 

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

 

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

 

41.       All building, demolition and associated site works (including the delivery of equipment, goods and materials to the site) 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.

 

42.       Noise and vibration emissions during the construction of the building and associated site works and the delivery of equipment, goods and materials 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.

 

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

 

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

 

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

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       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.

 

50.       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”.

51.       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.

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·        Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      the slope of the land

·      site access points and access control measures

·      location and type of all sediment and erosion control measures

·      location of existing vegetation, to be retained

·      material stockpile or storage areas and methods of sediment control

·      location of existing and proposed drainage systems

·      proposed disposal of site water

·      location of building operations and equipment

·      proposed re-vegetation details

 

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

 

55.       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

 

56.       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.

 

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

 

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

 

59.       At no time shall traffic on Beach Lane be blocked by any vehicles (including construction vehicles) or materials before, during and after development of the site. At no time shall materials be stored on the public footpath/laneway and at no time shall any vehicle be parked on Beach Lane.

 

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

 

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

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

61        Access and sanitary facilities for persons with disabilities being provided to the residential flat building, in accordance with Parts D3 and F2 of the Building Code of Australia. Details of compliance is required to be provided in the relevant plans/specifications for the construction certificate for the development.

 

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

 

62        Prior to a construction certificate being issued for the development, the applicant must lodge with Council a Bond (i.e. a deposit refundable in terms of the approval) in the form of cash or cheque, or bank guarantee (acceptable under Council policy 3.02.08), for the amount of $150,000.00. This Bond is to ensure the reconstruction of Beach Lane as well as other infrastructure works conditioned in the development consent and making good any damage caused to the roadway, footway, verge or any public place in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979.

 

Should the applicant wish to lodge a bank guarantee for the above amount the bank  guarantee is to have no set expiry period.

 

The Bond will be released upon the applicant meeting the costs and conditions for Council to carry out the infrastructure works and obtaining an occupation certificate.

 

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

 

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

 

Replacement of the asphalt footpath in Beach St with a concrete footpath and returf the nature strip to Council’s requirements.

 

Replace the existing timber rail fence adjacent to the footpath with a galvanized handrail located on top of the large retaining wall in Beach St.

 

Carry out all works associated with extending Council’s underground stormwater system up Beach St to opposite the site frontage.

 

Reconstruct Beach Lane as set-out in the design approved by Council’s Asset & Infrastructure Services Dept including a concrete heavy-duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

Construct a kerb and gutter for the full site frontage in Beach Lane except opposite the vehicular entrance and exit points.

 

64        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.

 

65        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.

 

66        Prior to the issuing of the construction certificate for the development the applicant must submit to Council for approval and have approved the following design and construction set-out plans approved by Council’s Asset & Infrastructure Services:

 

Reconstruction of Beach Lane going from the southern extremity of the site to Alison Rd.

 

Note: The applicant is to address retaining wall issues on all sides of Beach Lane at this location as well as the possible increase in the size of the dedicated splay at the northeast corner of 349a Alison Rd.

 

The applicant must contact Council’s Development Engineer Co-ordinator (John Flanigan – 9399 0924) or Council’s Manage Design (Frank Rotta – 9399 0906) regarding Council’s requirements for the extent of works and recommended design & set-out methods.

 

67        Prior to the commencement of demolition/building works the applicant is to have the northern end of Beach Lane reconstructed as per the Council approved plan mentioned in the previous condition.

 

68        Prior to the commencement of demolition/building works the applicant is have a Construction Traffic & Pedestrian Management Plan prepared by a suitably qualified person in accordance with relevant standards outlining the proposed measures to be implemented during the construction stage/s addressing the following matters:

 

·    Proposed truck access routes including size and frequency of trucks.

·    Truck manoeuvrability via the reconstructed section of Beach Lane

·    Proposed measures used for pedestrian safety along Beach Lane and Alison Rd.

·    Proposed parking arrangements for trucks and construction workers.

 

Note: The plan is to be submitted to Council for approval prior to the commencement of demolition/building works.

 

69        Prior to the issuing of the construction certificate for the development the applicant must submit to Council for approval and have approved the following design and construction set-out plans approved by Council’s Asset & Infrastructure Services:

 

Extension of Council’s stormwater drainage line up Beach St to outside the site frontage. The applicant must contact Council’s Design Manager (Frank Rotta – 9399 0906) regarding the detail required on the submitted plans.

 

(Note: The applicant must meet the full cost for all works associated with approved drainage works. This shall include meeting the cost for Council to check the submitted design and to supervise the subject works)

 

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

 

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

 

Beach St Frontage -match the back of the existing footpath along the full site frontage.

 

Beach Lane Frontage - 60mm above the road centerline level in the laneway 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.

 

71        The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the roadway in Beach Lane and the footpath in Beach St 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.

 

72        The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1,123.00 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

75        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.

 

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

 

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

 

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

 

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

 

77        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.

 

h)         All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

78        All site stormwater leaving the site must be discharged by gravity to the proposed extended Council drainage system at the front of the property in Beach St.

 

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

 

80        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.

 

81        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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

83        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.

 

84        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.

 

a.   The car washing bay must be located outside any required/approved stormwater detention system and must be suitably signposted.

 

b.   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).

 

A water tap shall be located adjacent to the car washing bay/s.

 

85        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.

 

86        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 & waterproofed 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 charged 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).

 

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

 

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

 

88      The garbage room areas will have to be designed so as to be able to contain a total of 8 x 240 litre bins (4 garbage bins & 4 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.

 

89      The garbage storage areas are to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

90      Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the development.

 

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

 

91        The landscaped areas shown on the plan number 3006-01, Issue B, dated 20/05/03, drawn by Peter Glass and Associates, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority or {the Director of Assets & Infrastructure in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979}, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.         A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, 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.

 

The applicant shall provide documentary evidence, from suitably qualified personnel, stating the proposed tree plantings over the excavated basement carpark are feasible, and are capable of sustaining the proposed trees for their life term.

           

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.

                       

Olea europaea (Olive Tree) is to be deleted from the landscaping plan and planting schedule due to its self-seeding properties. Suitable alternatives shall be used in its place.

                       

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 2 x 100 litre broad canopied trees (not palms) suitably located (deep soil areas) along the northern property boundary to compensate for the loss of several trees on this side of the site. The plan shall also show a minimum number of 2 x 75 broad canopied trees (not palms) suitably located (deep soil areas) elsewhere 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 from the site, porous paving shall be used in all pedestrian pathways not over the excavated basement carpark or ‘on slab’. Details are to be provided with the construction certificate application.

 

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

 

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

 

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

 

93        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.

 

94        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.

 

95        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.

 

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

 

Tree Management

 

97        Approval is granted for the removal of the following trees subject to the planting of 2 x 100 litre broad canopied replacement trees (not palms) along the northern side of the site, as well as 2 x 75 litre broad canopied replacement trees (not palms) elsewhere within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

d.   Two (2) Phoenix canariensis (Canary Island Date Palms), in the front yard along the southern boundary.

e.   One Metrosideros excelsa (NZ Christmas Tree) in the front yard near the front property boundary.

f.    One Phoenix canariensis (Canary Island Date Palm) on the small grass nature strip above the retaining wall.

g.   One tree (species undetermined), along the front property boundary.

h.   One large Pinus species (Pine tree) in the northeast corner of the front yard.

i.    One Phoenix canariensis (Canary Island Date Palm) in the front yard, near the northern property boundary.

j.    One Lagunaria patersonii (Norfolk Island Hibiscus) in the front yard, near the northern side of the site.

k.   One dead Metrosideros excelsa (NZ Christmas Tree), in the front yard, near the middle of the site.

l.    One Erythrina x sykesii (Coral Tree), in the rear yard, close to the northern boundary.

m.  One large Pinus species (Pine tree) in the rear yard, close to the northern boundary.

n.   One Pinus species (Pine Tree) in the rear yard, to the south of the large Pine tree.

o.   One Phoenix canariensis (Canary Island Date Palm) and one Erythrina x sykesii (Coral Tree), both at the rear of the site.

 

98        A refundable deposit in the form of cash or cheque for the amount of $7,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

Advisory Conditions

 

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

 

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

 

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

 

3.         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 C3        -         Protection of openings

b)     Part D3        -         Access for people with disabilities

c)     Part E1         -         Fire fighting equipment

d)     Part E2         -         Smoke Hazard Management

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

f)      Part F2         -         Sanitary and other facilities

 

 

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:

 

A4       Reduced Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DIRECTOR OF PLANNING & ENVIRONMENT

LUKE JACKSON

SENIOR ASSESSMENT PLANNER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

18 October, 2004

FILE NO:

D/473/2004

 

PROPOSAL:

 Partial demolition and construction of a two storey addition at the rear of the existing dwelling house, increase the size of the garage and provide a roof top garden to the garage

PROPERTY:

 16 Lenthall Street Kensington

WARD:

 West Ward

APPLICANT:

 Eddy Handaja

 

 

 

 

 

 

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, John Procopiadis, Alan White.

 

The proposal is for the partial demolition and construction of a two storey addition at the rear of the existing dwelling house and increases the size of the garage and provide a roof top garden to the garage.  The applicant was requested to amend the plans in response to issues raised by Councils assessment officers and neighbours concerns.

 

Objection letters have been received from the neighbouring properties relating to the design of the rear addition, the size of the addition, overshadowing, view loss, privacy, and amenity impacts.

 

It is considered that the amended proposal satisfies the relevant assessment criteria under Development Control Plan – Dwelling Houses and Attached Dual Occupancies and the Development Control Plan for the West Kensington

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The applicant proposes to demolish partially demolish the rear of the existing dwelling house and the partially demolish the existing rear outbuilding and construct a two storey addition to the rear of the property.  In addition to this the applicant proposes to partially demolish the front retaining wall, extend the width of the existing garage and construct a new front retaining wall, street entry and associated landscaping.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on southern side of Lenthall Street between Milroy Avenue and McDougall Streets in Kensington and is located within the West Kensington Heritage Conservation Area.  A slightly irregular shaped block with a street frontage of 15.24metres and a maximum depth of 52.525metres, the subject property has a total area of 767.3square metres.  Currently the site contains a single storey dwelling house with a detached out building in the rear yard.  The majority of the property is elevated from the street by a large retaining wall and single car garage.

 

Neighbouring the property along the south west is 18 Lenthall Street which contains a three storey residential flat building with garages to the front. Neighbouring the property to the north western boundary is 14a Lenthall Street and 61a Millroy Avenue.  Both sites contain two storey dwelling houses.  Neighbouring the property to the south is 63 Millroy Avenue which contains a single storey dwelling house.

   

 

            Figure 1: The subject site and surrounding area

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

On 16 June 2004 an application was received for the partial demolition at the rear and construction of a two storey addition at the rear and increases the size of the garage and provides a roof top garden to the garage.  The application was notified and advertised in accordance with Councils Development Control Plan Public Notification of Development Proposal and Council Plans on 21 June 2004.  In response to this notification, submissions were received from four (4) of the surrounding property owners.

 

In response to these submissions the applicant was requested to amend the plans by increasing the side setback of the proposed addition, clarifying issues relating to the side retaining wall, opening up verandahs to the front elevation, replacing the garage door with two garage door openings, providing details of materials, confirmation that the dwelling is to be used as a single dwelling house, not a dual occupancy, and details of the side retaining wall.

 

On September 2004 amended plans were received increasing the side setback of the addition to the south western boundary by 0.5metres, reducing the overall height by 0.3metres, breaking up the facade of the garage, and clarification of issues relating to the retaining wall and use of the proposed additions.

 

The application was renotified and advertised in accordance with Councils Development Control Plan Public Notification of Development Proposal and Council Plans on 17 September 2004.  In response to this notification additional submissions were received from 1/18 and 3/18 Lenthall Street.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised in accordance with Councils Development Control Plan Public Notification of Development Proposal and Council Plans on 1 July 2004. As a result of this notification, submissions were received from 4 of the surrounding property owners. 

 

The amended proposal was renotified, and advertised in accordance with Councils Development Control Plan Public Notification of Development Proposal and Council Plans on 17 September 2004. As a result of this notification, additional submissions were received from 2 of the surrounding property owners at 1/18 and 3/18 Lenthall Street.

 

5.1  Objections

 

Alan Oldfield and Lisa Gould, Owners 63 and 65 Milroy Avenue Kensington. (1 Submission Received)

 

·    Proposed extension is ‘to tall and overscale’

·    Proposed rear balconies will overlook the rear yard of 63 Milroy Avenue.

·    Questions the shadow diagrams and believes that they do not show the correct shadow impact.

 

John and Miriam Nagib, 1/18 Lenthall Street Kensington. (3 Different Submission Received)

 

·    The proposed addition will overshadow the objectors unit during the morning.

·    The proposed second floor addition will overlook the living room, main and second bedrooms and out side verandah of 1/18 Lenthall Street.

·    Questions the proposed floor space ratio of the dwelling.  Believes that it is closer to 0.81:1

·    Concerned that the building will be converted into a dual occupancy.

·    Concern that there is a lack of detail relating to the side retaining wall and its overshadowing effects.

 

SPD Town Planners, on behalf of Vassiliki Paltoglou, 3/18 Lenthall Street Kensington. (2 Different Submission Received)

 

·    In adequate information has been provided to enable a ‘full and proper assessment’.

·    No shadow diagrams being provided on 22 March and 22 September, and no elevation shadow diagrams.

·    Heritage impact statement does not contains sufficient information to allow for a full and proper assessment of the proposal on the West Kensington Heritage Conservation Area.

·    The proposed addition ‘will result in unreasonable overshadowing impact and loss of natural light.’

·    The proposed addition ‘will result in a loss of district views.’

·    The proposed addition ‘will result in unreasonable visual and acoustic privacy impacts.’

·    The proposed addition ‘will result in significant overbearing impacts’

·    The proposed addition ‘will create adverse streetscape impacts due to the visibility of the second storey addition from Lenthall Street.’

·    Concerned that the building will be converted into a dual occupancy.

·    The proposed addition will exceed the wall height limit for additions to the rear.

·    The proposal does not satisfy the requirements for Section 3.5 of the Draft Development Control Plan for West Kensington Heritage Conservation Area relating to first floor additions.

·    The proposal does not satisfy the requirements for Section 3.5 of the Draft Development Control Plan for West Kensington Heritage Conservation Area relating to additions. 

 

Barry Sharah, 20 Lenthall Street Kensington. (1 Submission Received)

 

·    Concerned that the conservation report ‘dismisses the heritage vale of the house at 16 Lenthall Street.’

·    There is ‘no architectural effort to integrate the addition into the original house.’

·    Raised concern that the addition will dominate the retained Federation house and impact upon the streetscape of Lenthall Street

·    Questions the need for air conditioning if the applicant has applied ESD principles to the design of the addition.

·    Concerned that widening of the garage will impact upon the street tree.

·    First floor bedroom windows will look upon the windows of the adjoining flat.

·    Issues relating to location of rainwater tank, grey water settling tank and stormwater detention need to be resolved.

·    Asked if water features will be a closed water system.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Engineering Issues

 

‘Landscape Comments

There is one Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) of approximately 8-10 metres in height on Council’s road reserve at the front of the site, on the northern side of the existing driveway, which appears in reasonable condition.

 

Excavation within the dripline of this tree will be required for the proposed new retaining wall and garage; however, it is expected that this work will have a negligible effect on its health given its strong vigour and the fact that these structures are already existing, and are really only being upgraded as part of this application. Protection measures will still be necessary in order to ensure its retention as is shown on the plans.

 

In the front yard of the site, against the southern boundary, near the southwest corner of the existing garage, there is one Olea europaea (Olive tree) of approximately 6 metres in height. This tree appears in average condition as the northern side of the canopy has been almost completely pruned off. In order to ensure the retention of this tree as is shown on the plans, protection measures will be necessary given the proximity of the tree to the proposed construction involved with the garage.

 

Still in the front yard, against the northern boundary, there is one large and very significant Livistona australis (Cabbage Palm) of approximately 20 metres in height. This palm appears in excellent health and is covered by the Tree Preservation Order. Immediately to the east, there is one Phoenix canariensis (Phoenix Palm) of approximately 10 metres in height. This palm also appears in good health and is covered by Council’s Tree Preservation Order.

 

As they are both sited a reasonable distance away from all proposed construction, a refundable deposit is not deemed appropriate, however, protection measures will still be necessary in order to prevent damage from machinery etc accessing the site during the course of the proposed works. As such, the applicant will be required to ensure the retention of these two palms as part of this application.

 

In the rear yard, near the eastern boundary, there is one Pinus species (Pine tree) of approximately 6 metres in height. 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 should therefore remain largely unaffected by the proposed works. As such, the applicant will be required to ensure the retention of this tree.

 

In the adjoining property to the south, there is one Grevillea robusta (Silky Oak) of approximately 10 metres in height. This tree appears in reasonable condition and is covered by Council’s Tree Preservation Order. This tree should remain largely unaffected by the proposed works.’

 

6.2  Heritage Issues

 

‘The subject site is located within the West Kensington Heritage Conservation Area.  It is a typical double fronted late Federation Early Inter War transitional Bungalow.  The dwelling is face brick construction with a hipped terracotta tile roof featuring a projecting gabled bay and an integrated verandah roof.  The gable end is half timbered and bracketed projecting over a curved bay window.  The verandah is supported on tapered roughcast rendered piers with arched fretwork valence on a face brick balustrade.  The verandah side features a horseshoe shaped arched opening.  The dwelling is setback high off the street behind a terrace garden.  The medium height front fence is rendered and an early and possibly original single brick garage with a parapet roof line is located on the street edge.  The dwelling is substantially intact although the roof tiles have been replaced, the verandah has been enclosed and some windows have been reglazed.  The terraced front garden, front fence and garage are possibly slightly later modifications to the site.  The streetscape features a mixture of Federation and Inter War bungalows dispersed by some modified Inter War flat buildings and a two storey 1960’s dwelling adjacent to the subject site.

 

The significance of the conservation area is described in the Draft West Kensington Heritage Conservation Area DCP by noting that “The heritage character of the area largely derives from its Federation and Inter War housing, its predominantly single level scale, the originally consistent face brick construction and the highly visible tiled and slated roofs…most buildings and streetscapes still retain their essential period character.”  The subject dwelling is a good representative example of late Federation residential development in the area and demonstrates some interesting Bungalow style detailing in the verandah, bay window and use of materials.  The subject dwelling is considered to be a contributory item in the conservation area through its form, scale, materials and fenestration.

 

The proposal seeks to retain the existing front section of the dwelling and demolish the existing rear skillion wing.  A new two storey pavilion addition is proposed at the rear of the site setback by about 2.4m from the existing dwelling and connected by a single storey conservatory and hall.  The first floor is also setback from the western boundary with a single storey section at ground level.  The addition is to feature living areas on the ground floor and bedrooms to the first floor.  The metal clad roof is hipped with a gablet skylight on the northern pitch, the walling is smooth rendered and the north elevation features large metal frame window openings to the first floor.  It is also proposed to widen the existing garage by approximately 2.1 metres towards the east.

 

A Heritage Impact Statement was prepared by Susan O’Neill and submitted with the Development Application.  The report concludes that the proposal is sympathetic to the significance of the place because the additions are clearly differentiated through style and the conservatory link and the proposal it not be visible from the street.  An informal meeting was held between Council’s Heritage Planner and the Applicant in December 2003.  The following concerns were raised by Council’s Planner:

·    Widening the existing garage that is located forward of the building line.

·    The roof form of the proposal which includes several pitches, clerestory, skylights and gables to the side elevations.  The complicated form may detract from the existing dwelling.

 

The works proposed are considered to be appropriate to the conservation area.  The additions are sufficiently setback and separated from the existing dwelling to appear as a separate structure and given the topography of the site the additions will be largely obscured and not prominent in the streetscape.  The roof form has been simplified in accordance with Council’s Heritage Planner’s comments and is now a more simple hipped form with the skylight incorporated into a gablet.  The side skillion roof elements are single storey only and will not be visible from the street.  The conservatory provides a sympathetic link between the old and new structures and allows for the addition to be further setback to reduce its impact to the street.  The proposed alterations to the garage are considered appropriate given the streetscape and topographic context.  Garages are not uncommon in this section of the street and a number of other buildings feature garages at street level with the buildings situated above and views to the dwellings are retained with the street level garages.  The widening of the garage is considered to have an impact due to the width of the opening as most garages are articulated into single space garages.

 

Recommendations: 

·    That the garage is modified to be articulated into two separate openings.

·    Consideration should be given to the restoration and re-opening of the front verandah to enhance the character of the dwelling.

The following conditions should be included with any consent:

·    The colours, materials and finishes of the external surfaces to the building, the fence and the garage are to be compatible with the existing building/existing buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.’

 

Amended plans detail two separate garage openings, however the applicant has chosen to retain the balcony enclosures.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2a 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:-

 

Other Clauses

Effect

Applies

Comment

43

Heritage Item of Conservation Area

Yes

Heritage Comments Provided.

 

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 or preferred solutions).

SOLAR ACCESS

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

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

·      Hot water tanks and heaters close to rooms where hot water used.

·      Cooking tops located away from windows, fridges and freezers.

·      Task lights.

·      Maximised natural lighting.

·      Ceiling and wall insulation to AS2627.1-1993.

 

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

 

 

 

 

 

 

 

 

 

P3  Design minimises use of mechanical appliances.

 

 

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

 

 

 

P5 Building materials, appliances minimise  energy requirements.

 

 

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

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

 

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

 

 

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

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

S2  Private open space

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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

 

 

 

 

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

 

 

Not applicable Alterations and additions to existing dwelling.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

Complies, applicant has provided details of Energy Efficiency.

 

Complies

 

 

 

 

 

 

Complies, applicant has provided details of Energy Efficiency.

 

Provided.

 

 

Yes

 

 

 

Yes

 

 

 

Complies 3 hours sunlight provided to roof areas of neighbouring dwellings.

 

Complies 3 hours sunlight provided to neighbours north facing windows of neighbouring dwellings.

 

 

 

 

Complies 3 hours sunlight provided to neighbours out door recreation areas windows of neighbouring dwellings.

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

 

S1  Stormwater is graded and drained via a gravity system to Council’s street gutter; or to a suitable absorption system.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

 

 

Conditions will be imposed upon the consent.

 

 

 

Not applicable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Conditions will be imposed upon the consent.

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

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

 

P6  Unpaved or unsealed landscaped areas are maximised.

 

S1  40% of the total site area is landscaped.

 

 

 

S1  252m of useable private open space per dwelling.

 

 

 

 

S1  Minimum dimensions are 3m x 4m.

 

 

 

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

66% of the site will be provided as landscaped area.

 

More than 252m of usable private open space provided I the rear yard.

 

Private opens space area has dimensions greater than 3m x 4m.

 

Private open space is provided at the rear of the dwelling.

 

 

Yes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

29% of the site area is permeable.

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

The proposed FSR is 0.49:1 which satisfies the DCP requirements.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

 

 

P6  Design allows view sharing.

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

 

 

 

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

 

 

 

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

 

S3  No excavation within 900mm of side boundary.

 

 

 

 

 

 

 

 

 

 

S3  No excavation within 3m of rear boundary.

 

 

 

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

 

 

 

The proposed maximum wall height is 6.87metres.  Complies.

 

No see Section 8.1.2 of this report.

 

 

 

Addition has been designed to reduce impact on street.  Complies.

 

Cut or fill does not exceed 1m.  Complies.

 

Excavation for retaining wall proposed close to the side boundary, however satisfies performance requirements. See Section 8.1.2 of this report.

 

 

No excavation proposed within 3 meters of the rear boundary.

 

Second storey addition setback more than 1.5metres from the side boundary.  Complies.

 

Yes, See Section 8.3 of this report.

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

 

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

 

 

Side Setbacks

 

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

 

 

 

 

 

 

 

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

 

 

 

There will be no change to the front setback of the dwelling.

 

 

 

 

The proposed addition is setback over 9 metres from the rear boundary.  Complies.

 

 

 

 

Part of the ground floor will be set on the north eastern boundary, however satisfies performance requirements. See Section 8.1.3 of this report.

 

The first floor addition will be setback over 1.98metres from the side boundary.  Complies.

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

 

 

P3  Dwellings close to noise sources such as busy roads or industry designed to provide comfortable living and sleeping environment.

 

P1  Buildings provide comfortable living and sleeping environment.

 

 

 

 

 

 

 

 

 

P2  Entries are readily identifiable.

 

 

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

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

 

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

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

S3  Buildings comply with

•AS-2107: Acoustics – recommended design sound levels and reverberation times for building interiors.

 

 

 

 

 

 

 

 

S1,2,3  Front doors visible from street.

 

 

 

 

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

 

 

 

S2  Street number displayed.

 

 

 

S3  Fences comply with fencing requirements.

 

 

No. Conditions will be imposed. See Section 8.1.4 of this report.

 

 

 

The proposed development does not directly overlook the rear yard areas of the adjoining properties. Complies.

 

No however satisfies performance requirement as building has been designed not to overlook internal living areas and private opens spaces neighbouring residential dwellings.

 

 

Conditions will be imposed with any development consent.

 

 

N/A

 

 

 

 

 

 

The proposed dwelling has a front door that is visible from the street. Complies.

 

The proposed dwelling has windows that overlook the street. Complies.

 

May be addressed by condition. Complies.

 

Minor changes to front fencing and retaining walls. Complies on merit see section 8.1.6 of this report.

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 manoeuvrability.

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

 

 

 

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

 

P4  Car parking areas and access ways facilitate stormwater infiltration on site.

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

 

 

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

 

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

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

 

 

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

 

 

 

 

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

 

 

 

 

 

 

 

2 Car spaces provided, minimum dimensions 2.5metres x 5.6 metres each.  Complies.

 

Applicant proposes to expand existing garage. Satisfies performance requirements. See Section 8.1.5 of this report.

 

Applicant proposes to expand existing garage. Satisfies performance requirements. See Section 8.1.5 of this report.

 

Proposed garage occupies less than 35% of the site width.  Complies

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

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

 

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

Applicant proposes to reconstruct front retaining wall. Satisfies performance requirements. See Section 8.1.6 of this report.

 

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 – Dwelling Houses and Attached Dual Occupancies

 

8.1.1    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 for an allotment of this area (767.34m²) is that a maximum floor space ratio of 0.5:1 applies.  The total floor space ratio of the dwelling is 0.49:1, which is 1.17m² less than the preferred solution maximum.  Some submissions from neighbouring property owners have questioned that the proposed floor space ratio is incorrect.  An assessment of the plans confirms that the proposed floor space ratio is correctly calculated.

 

8.1.2    Height, Form & Materials

 

The objectives of the DCP are that developments should not be excessive in height and scale and be 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 applicant has proposed to excavate closer than 900mm from the side boundary which is closer than the preferred solution requirements of the development Control Plan. However given the sloping topography and the existence of existing retaining walls within the site it is considered that this is appropriate.

 

The proposal is well below the maximum external wall height preferred solution of the DCP.   It is considered that given the setback of the addition from the front of the building and the street, that the proposed addition will not be highly visible when viewed from the front of the street and will not overwhelm the existing single storey scale of the existing building.  The additions are sufficiently setback from the side and rear boundary and are not considered overbearing or excessive and bulk and scale.

 

It is therefore considered that the proposed rear addition satisfies the relative performance requirements of the Section 4.3 of the Dwelling Houses and Attached Dual Occupancies Development Control Plan and is appropriate.

 

8.1.3    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.  The proposed building addition will be located near the north eastern boundary. Given that the building is to the south of the neighbouring dwellings and there is an existing high wall and out building located in the same area which will be retained it is considered that the proposal will still ensure that there is adequate access to sunlight, daylight and fresh air to building occupants of the neighbouring dwellings, therefore satisfying the building setback performance requirements of the DCP.

 

8.1.4    Visual & Acoustic Privacy

 

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

 

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

 

The proposed ground floor windows will not have any adverse privacy impacts upon the neighbouring dwellings.  There are some opportunities for direct overlooking from the windows located on the first floor facing 18 Lenthall Street.  A condition will be imposed to requiring these windows to have fixed and obscure glazing or alternatively be replaced with highlight windows with a sill height of 1.8 metres above the first floor level.

 

There will be no direct overlooking into windows of the neighbouring properties from other windows located on the first floor however there will be the opportunity to overlook the rear yards of 14a Lenthall Street and 61a Milroy Avenue.  Given the setback of the building from the northern boundary and that these are from a bedroom and stair not from main living areas, and the size of the windows it is not considered that this will cause a significant enough privacy impacts to warrant the deletion or modification of these windows.

 

The proposed balcony at the rear of the building is off two bedrooms, is setback over 9.5metres from the rear, has timber privacy screen at the edge of the balcony and further the rear of the property will be suitably landscaped minimising overlooking to adjoining properties. 

 

Privacy screens have been proposed for the centre balcony from the bedroom 1 and study.  There will be no adverse privacy impacts caused by this balcony as it is only 1.2metres wide by 2.42metres long and is offset from the windows of the neighbouring building at 18 Lenthall Street.  Given the size of the balcony and its location off a bedroom, the privacy screen measures and its setback well away from the neighbouring dwelling, it is not considered that it will generate a large amount of noise.

 

It is therefore considered that the proposal satisfies the privacy provisions of the Development Control Plan.

 

8.1.5    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 street scape, 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. Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 there after.

 

The controls of the DCP also include that hardstand parking areas before the building line may be permitted and considered preferable to a garage or carport where it can be demonstrated that it will not dominate or detract from the appearance of the existing development and the local streetscape.

 

The proposed additional garage satisfies the DCP preferred solutions with the exception that it is set forward of the building line.  Given the existing garage and the neighbouring garages which are set forward of the front building alignment, it is not considered that the proposed garage will not be visually obtrusive and does not detract from the appearance of the dwelling and is compatible with the streetscape of Lenthall Street.  It is therefore considered that the proposed modifications to the front garage satisfy the relative performance requirements of the Development Control Plan and is appropriate.

 

8.1.6    Fences

 

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

 

The applicant has proposed to replace an existing retaining wall with a new retaining wall and fence.  Given the number of high retaining walls within the immediate streetscape and the topography of the site, it is not considered that the proposed garage will not be visually obtrusive and does not detract from the appearance of the dwelling and is compatible with the streetscape of Lenthall Street. It is therefore considered that the proposed front fencing and retaining walls satisfy the relative performance requirements of the Development Control Plan and is appropriate.

 

8.1.7    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.

 

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 submitted shadow diagrams and elevation shadow diagrams for 21 June.  These diagrams demonstrate sufficient information to determine the shadow impact of the proposal upon the neighbouring dwellings in accordance with Councils polices. 

 

The shadow diagrams submitted indicate that a portion of 18 Lenthall Street will be over shadowed at 9am and 12noon on 21 June.  Elevational shadow diagrams indicate at 9am that the majority of the north facing windows to the ground floor northern windows of 18 Lenthall Street (Unit 1/18 Lenthall Street).  This is reduced at 12 noon with part of the north facing windows to the bathroom and rear bedroom. 

 

Although there will be over shadowing of the neighbouring building during the morning there will be no shadow cast upon 18 Lenthall Street at 3pm.  This is considered to satisfy preferred solutions of Section 3.1 of the Dwelling Houses and Attached Dual Occupancies Development Control Plan. As such the objectors requests for the application to be refused based on overshadowing cannot be supported.

 

8.2       Draft Development Control Plan – West Kensington Heritage Conservation Area

 

The overall objective of the DCP is to ensure that new building work is compatible in scale, siting and proportion in relation to the existing and adjoining buildings. With particular respect to additions to existing buildings, an addition should not dominate or be out of character with the original building, and it is important that there be a distinction between the new and old building work.

 

The DCP details controls in relation to the building form within the Heritage Conservation Area, these include that generally additions should only be at ground level, the prevailing front and side setbacks should be maintained, a maximum floor space ratio of 0.5:1 applies and that additions should not dominate the original building, be out of character with the character of the existing building, unreasonably intrude upon the neighbours privacy or intrude upon the streetscape.

 

Some submissions from neighbouring property owners have questioned that the appropriateness of the design of the proposal given that it is located within a Heritage Conservation Area. The modern detailing of the addition allows the addition to be differentiated from the original fabric, and the setback of 25m of the addition minimises its prominence from the street. The garage design is compatible with other garage designs immediately located within the streetscape of Lenthall Street.

 

With concerns that the proposal does not satisfy the requirements of the Draft Heritage Conservation Area Development Control Plan, the proposal has been referred to Councils Heritage Planner for comment and advice has been provided that there are no objections to the proposal. It is therefore considered that the proposal satisfies the objectives of the DCP for the West Kensington Heritage Conservation Area.

 

8.3   Views

 

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

 

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

 

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

 

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

 

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

 

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

 

The property immediately to the south of 16 Lenthall Street (Number 18 Lenthall Street) enjoys northern and north eastern district views of the CBD, Kensington and Bondi Junction form second and third floor windows.  These views are largely interrupted by buildings and vegetation located on properties to the north and north east of 18 Lenthall Street.

 

Photos of the view from unit number 3 of 18 Lenthall Street (Second floor second unit) can be seen below.

 

Above: Existing northern view from unit 3/18 Lenthall Street.  (From rear Bedroom)

 

 

Above: Existing north eastern view from unit 3/18 Lenthall Street. (From Lounge Room)

 

 

 

Above: Existing eastern view from unit 3/18 Lenthall Street. (From Lounge Room)

 

It is acknowledged that the proposed rear addition will have impacts upon views enjoyed by unit number 3 of 18 Lenthall Street across the rear yard and roof of the dwelling at 16 Lenthall Street.   These will mainly be to the north east towards Bondi Junction.  Whilst views of Bondi Junction will mainly be lost, views enjoyed from the living/ lounge room, dinning room and kitchen views towards the CBD will mainly be retained.

 

Although the proposal will impact upon the views enjoyed by the residents of unit 3 of 18 Lenthall Street, the proposed addition satisfies the relevant requirements of Councils’ Development Control Plans for additions of this type.  Whilst the applicant could of proposed other measures such as a flat roofed structure or a lower wall height to minimise the height of the proposed addition, this would still impact upon the views enjoyed from 18 Lenthall Street

 

Given that the views are enjoyed across a neighbouring property and are district views, and that the proposed addition satisfies the relevant requirements of the Dwelling Houses and Attached Dual Occupancies Development Control Plan and West Kensington Heritage Conservation Area Draft Development Control Plan, it is considered that the view loss caused by the proposal is not significant enough to justify the refusal of the application. It is therefore considered that the amended proposal satisfies the Development Control Plan requirements in relation to the reasonable sharing of views.

 

8.3       Issues raised in submissions not already addressed in report.

 

Some submissions from neighbouring property owners have raised questions regarding recycling of water, rainwater tanks, grey water and use of an air conditioner.  Whilst these energy saving measures are encouraged, the proposed development is for alterations and additions there is no requirement for to impose conditions requiring recycling of water, use of grey water use or water tanks, nor is there any requirement that there be no use of air conditioners.  Tree protection measures will be required to ensure the long term survival of the front street tree.  With concern that the building will be used as a Dual Occupancy conditions will be imposed requiring the building be used as a single dwelling house.

 

FINANCIAL IMPACT STATEMENT:

 

Nil.

 

9.    CONCLUSION

 

The contemporary form of the proposed addition together with its setback from the front of the building, minimises its visibility from the street and its prominence in the streetscape and is sufficiently setback from the side and rear boundary and are not considered overbearing or excessive and bulk and scale.  The proposal will not adversely impact on the heritage significance of the conservation area nor will there be any adverse amenity impacts upon the neighbouring dwellings subject to conditions being imposed to address amenity impacts from the proposed first floor windows.

 

It is therefore considered that the proposed additions satisfy the relevant performance standards applicable to the subject site under the Development Control Plan – Dwelling Houses and Attached Dual Occupancies, and the Development Control Plan – West Kensington Heritage Conservation Area.

 

The application is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

A.        THAT Council, as the responsible authority, grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/473/2004 for Partial demolition and construction of a two storey addition at the rear of the existing dwelling house, increase the size of the garage and provide a roof top garden to the garage at 16 Lenthall Street Kensington 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 of Planning and Community Development:

 

1.       The colours, materials and finishes of the external surfaces to the building, the fence and the garage are to be compatible with the existing building/existing buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Community Development.

 

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

 

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 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 DA001-B, DA002-B, DA003-A, DA101-B, DA102-B, DA103-B, DA201-B, DA202-B, DA203-A, DA204-A, DA205-A, DA301-B, DA302-A, DA303-A, DA401-B, DA402-B, and DA403-B, Dated 10/09/2004, stamped Amended Plans and received by Council on 10 September 2004, the application form and on any supporting information received with the application, except as may be amended by the following conditions, and the details approved pursuant to the deferred commencement condition, 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 sill height of the windows to south west first floor elevation (those facing onto 18 Lenthall Street) are to be increased to be a minimum height of 1.7m above floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7metres.

 

3.       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.

 

4.       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.

 

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

 

6.       The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

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

 

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:

 

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

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min  sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

9.       Water feature 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.

 

10.     The operation of water feature plant 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.

 

11.     The operation of air conditioning units is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the air conditioning unit/s shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

·        before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·        before 7.00am or after 10.00pm on any other day.

 

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

 

12.     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.

 

13.     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.

 

14.     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.

 

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:

 

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

 

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

 

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

 

16.     External paths and ground surfaces are to be graded and drained away from the building and adjoining premises in such a manner so as not to result in the entry of water into a building, or cause a nuisance or damage to the adjoining premises.

 

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

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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.

 

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

 

a.            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);

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

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

 

23.     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.

 

24.     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): -

 

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

b.     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.

 

25.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

27.     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.

 

28.     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”.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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.

 

33.     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.

         

34.     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.

 

35.     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.

 

36.     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.

 

37.     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

 

38.     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.

 

39.     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.

 

40.     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 geo-textile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

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

 

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

 

41.     A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

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

 

42.     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 Council or a Council approved subcontractor to carry civil works such as construction of a new vehicular crossing to the subject site.

 

a)         $700.00           -           Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of cash or cheque with the Council and is refundable upon the completion of the required civil works by Council or a Council approved subcontractor.

 

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

 

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

 

a.     Extend/widen the existing concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

44.     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.

 

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

 

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

 

46.     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.

 

47.     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.

 

48.     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.

 

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

 

49.     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.

 

50.     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 landscaping and to maintain reasonable levels of environmental amenity:

 

51.     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.

 

52.     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.

 

53.     In order to provide reasonable levels of screening and privacy between the proposed new dwelling and adjoining properties to the east and west of the site, perimeter planting shall be provided around the site using a species that is capable of attaining a minimum height at maturity of 3 metres. Details are to be provided.

 

Tree Management

 

54.     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 dripline of the subject tree, being one Grevillea robusta (Silky Oak) in the adjoining property to the south.

 

Tree Protection Measures

 

55.     In order to ensure the retention of the Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) on Council’s road reserve at the front of the site, on the northern side of the existing driveway 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.         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 within the dripline of this tree.

 

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.

 

c.         Any excavations required for footings, structures, retaining walls, 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.

 

56.     In order to ensure the retention of the Olea europaea (Olive tree) in the front yard of the site, against the southern 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.         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 within the dripline of this tree.

 

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.

 

c.         Any excavations required for footings, structures, retaining walls 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.

 

57.     In order to ensure the retention of the Livistona australis (Cabbage Palm) and the  Phoenix canariensis (Phoenix Palm) located in the front yard, against the northern boundary in good health, the following measures are to be undertaken:

 

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

 

b.         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 or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within a radius of  2.5 metres from the outside edge of the tree trunks.

 

c.         The trees are to be physically protected by the installation of protective fencing around the trees 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 in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

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

 

58.     In order to ensure the retention of the Pinus species (Pine tree) located in the rear yard, near the eastern 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 or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within a radius of  3 metres from the outside edge of the tree trunk.

 

c.         There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the dripline of this tree.

 

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.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

You are therefore advised to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

A2.      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

ATTACHMENT/S:

 

A4 Configurations

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

SHAUN HEHIR

DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

20 October, 2004

FILE NO:

DA327/2004A4 Configurations

 

PROPOSAL:

 To include mechanical repairs within existing auto electrician workshop

PROPERTY:

 214 Gardeners Road, Kingsford

WARD:

 West Ward

APPLICANT:

 Speedie Auto Electrics

 

 

 

 

 

 

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, John Procopiadis, Alan White.

 

The proposal is to include a mechanical repair component to the existing auto-electrical workshop which benefits from existing use rights. The estimated cost for the development is nil.

 

The main issues are whether the proposal would adversely affect the nearby residents of Tunstall Avenue by way of noise and air quality and whether the proposal would result in increased traffic and parking problems along Tunstall Avenue.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal is to include a mechanical repair component to the existing auto-electrical workshop. No extension of building or increase in floor area is proposed. The hours of operation will remain as existing – 7:30am to 6:00pm Monday to Friday, and 8:00am to 5:00pm Saturday and Sunday. One hoist for mechanical repairs will be installed within one of the two workshops.

 

The applicant has submitted additional information outlining that the boundary between previously classified mechanical and auto electrical repair services is being increasingly blurred as traditional mechanical items in newer vehicles now contain electrical components which require qualified auto electrician; mechanical brakes are being replaced with electrical ABS brakes, and mechanical gearboxes are being replaced with electrical gearboxes.

 

Approval is being sought to provide services to vehicles requiring 1-3 hours duration such as pink slips, oil changes, and tune up services. Approval is also being sought for services requiring ½ - 1 day duration, such as electronic diffs, electronic suspension, electronic gearboxes and electronic four wheel steering.

 

In the event that the turnaround time is greater than 1 day, the applicant has the facilities to store cars locked up overnight. Three vehicles are currently routinely stored overnight locked up in the workshops.

 

The under awning area is to be used for routine quick turnaround electrical repairs such as such as rewiring, battery recharge and exchange.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the north side of Gardeners Road on the corner of Tunstall Avenue in Kingsford and is presently occupied by an ex-service station currently used as an auto electric workshop and parts sales.  The site has a frontage width of 12.13m, a side boundary depth of 23.45m and has an overall site area of 594.4m².  Neighbouring the property to the north is a single storey dwelling, to the east is a two storey building containing commercial premises at the ground floor and dwellings above and to the west is The “Australian” Golf Course.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

DA114/1970

To use the ex service station for auto electric repairs and parts sales

Approved

2 June 1970

DA34/1998

Extend use of existing auto electric premises to include mechanical repairs

Refused

17 March 1998

 

The history demonstrates that the existing repair shop is operating under existing use rights. It has been satisfied that, for the two DAs listed above, they were issued consent after determining that existing use rights applied to the site. In addition, the applicant has provided documentation of Council’s original approval in 1970 and has stated that the previous owners and current owners (applicant) have not ceased use of the premises for longer than 12 months. As the premises had been continually used as an auto electric workshop and part sales since 1970, existing use rights would apply.

 

In 1998, DA34/1998 was recommended for approval by the assessment officer but was refused by Council on 17 March 1998 (Minute No. H79). Reasons for refusal were;

 

·    The proposed development would adversely affect the amenity of the neighbourhood.

·    The proposed development would have an adverse impact on traffic movements in the locality.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the Development Control Plan – Public Notification. The following submissions were received:

 

5.1  Objections

 

Mr George Mourtzouhos on behalf of parents – 101 Tunstall Avenue, Kingsford

·    Subject site is accessed primarily by Tunstall Avenue which is a residential street. Commercial premises are prohibited in this zone.

·    Mechanical repair shop would increase noise pollution for the residents

·    Proposal would result in increased traffic in Tunstall Avenue

·    Tunstall Avenue is the primary access point for the premises. The workshop is a danger to pedestrians who regularly use the footpath in front of the premises.

·    Tunstall Avenue has a 2 tonne limit. A mechanical repair shop would involve tow trucks using Tunstall Avenue at all hours of the day.

·    Gardeners road is a clearway most of the day and there are parking problems in Tunstall Avenue with many cars overflowing from the footpaths onto Tunstall Avenue. The proposed business will exacerbate this problem.

·    An increase in commercial activity will affect the value of homes along Tunstall Avenue.

 

Mr George Mourtzouhos also reiterated his previous objection to DA 34/1998 which was subsequently refused. A copy was also provided

 

A Mourtzouhos – 101 Tunstall Avenue, Kingsford (copy of objection from 1998 DA)

·    Proposal would increase traffic in Tunstall Avenue, increase number of tow trucks.

·    Proposal creates increased noise, particularly with tow trucks.

·    Proposal will become a danger to children.

·    Proposal will become a health hazard with fumes and pollution.

·    Devalue properties.

 

Mr & Mrs Sara – 99 Tunstall Avenue (submitted a copy of an old objection from DA 34/1998)

·    Work conducted is industrial in nature sighted within a residential zone.

·    Tunstall Avenue is the primary access road and has a 2 tonne weight limit. This limit is already exceeded as a result of the existing business. This problem will be exacerbated.

·    Any vehicular access or egress at the Gardeners Road frontage will cause extreme danger to pedestrians using the bus stop to the east of the premises.

·    There is adverse impact on the environment with car alarms and horns sounding frequently, car fumes from engines. Any increase in the nature or hours of operation will exacerbate the problem.

·    Rejection of the Environmental Impact Statement submitted with the application. It has been prepared by the applicant and not by someone independent. An independent Environmental Impact Study should be prepared and sent to all interested parties prior to determination.

 

Comments

·    The subject property does in fact lie within a residential zone although enjoys existing use rights as defined in the Environmental Planning and Assessment Act 1979. The existing use has been operating since 1970.

·    The use of the premises for mechanical repairs is similar to the auto electrical repair business in respect to the levels and types of noise emitted from the site. The existing work bays have double brick walls which enable the containment of noise and minimise its impact on adjoining properties. Conditions of consent will be imposed limiting the noise levels to be emitted from the site which would give rise to ‘offensive noise’ and requiring that all repairs be undertaken in the designated work bays.

·    The proposal may have the potential to increase air pollution emissions to adjoining properties although the proposed operation is limited by the existing floor space of the building.

·    The proposal does not involve an increase in floor space and is therefore not subject to the provisions of the DCP for Parking. The site has the capacity to accommodate 11 cars, not 17 as the previous application stated. Because the extension of use can only be accommodated within the existing facilities, only a small increase in traffic levels is anticipated. In addition, the extension of the existing use without an accompanying increase in floor space is unlikely to generate a significant increase in traffic levels to the detriment of the existing parking levels of on-street parking in Tunstall Avenue. A condition will be imposed requiring all vehicles to be parked on site.

·    Given the low levels of additional traffic likely to be generated by the proposal, the potential for conflict between vehicles and pedestrians is minimal.

·    High levels of tow truck activity are usually associated with smash repair businesses which carry out activities such as panel beating and spray painting and not car repair stations. Notwithstanding, a condition will be imposed requiring all tow trucks and vehicles over 2 tonnes to access the premises from the intersection of Tunstall Avenue and Gardeners Road.

·    There is no requirement under the Environmental Planning and Assessment Act 1979 for a Statement of Environmental Effects to be prepared by an independent authority. Further, no Environmental Impact Statement is required for the nature of the proposed use.

·    Property values are influenced by many factors, of which planning matters constitute only a small number. Given that no additional workbays or buildings are to be constructed and the mechanical use of the premises can only utilise the same space as the existing electrical use, it is not anticipated that the proposal will result in a significant intensification. Further, no evidence was supplied regarding the potential devaluation of surrounding properties.

 

6.    TECHNICAL OFFICERS COMMENTS

 

Advice was sought from the Manager Environmental Health Services who advised of appropriate conditions to impose on any consent granted.

 

7.    MASTER PLANNING REQUIREMENTS

 

This heading has been considered but is not relevant in this case given the site is less then 4000m2 in area.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Development Control Plan - Parking.

-           Building Code of Australia.

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is prohibited. The proposal is permissible subject to the existing use rights provisions of the Environmental Planning and Assessment Act 1979.

 

8.1  Policy Controls

a.    Development Control Plan - Parking

 

There will be no increase in number of work bays or floor area of the shop and as such, no additional parking is required.

 

The existing site contains 11 car parking bays. The statement of environmental effects states that whilst it is anticipated that the proposed operation will increase the number of customers, the currently under-utilised car spaces will meet this increase in demand. It is also stated that it is not believed that the customer car parking demands will impinge on neighbourhood street parking.

 

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   Intensity of Use

 

The proposed extension of use to include mechanical repairs constitutes a non conforming use within the Residential 2A zone and exists as a result of the existing use rights provisions of the Environmental Planning and Assessment Act 1979. The Act allows for the enlargement/expansion or intensification of an existing use subject to Council’s consent.

 

It is acknowledged that the proposed use has the potential to cause nuisance to adjoining and nearby residents by way of noise, smell, fumes and traffic generation. However, the proposed alteration to the use of the premises to include mechanical repairs is unlikely to lead to a substantial intensification of the existing use given that no increase in floor space is proposed. Further, there is no increase in the number of work bays, which limits the number of vehicles that may be worked on at any one time, to that of the existing operation.

 

9.2   Traffic and Parking

 

As previously mentioned, the site currently has the ability to park 11 vehicles on site. The proposal will not be increasing the useable floor space therefore is not subject to the Development Control Plan for Parking. The extension of the existing use without an accompanying increase in floor space is unlikely to generate increased traffic levels to the detriment of the existing levels of on-street parking in Tunstall Avenue. A condition is attached to the recommendation requiring that all vehicles, whether in working order or otherwise, be parked on site and any vehicles required to be kept overnight be locked up in the workshops

 

Given the low levels of additional traffic likely to be generated by the proposal and the sight distance available at the access points, the potential for conflict between vehicles and pedestrians is minimal.

 

In terms of the concerns raised regarding increased numbers of tow trucks, higher levels are typically experienced at smash repair businesses rather than mechanical workshops. Notwithstanding, a condition has been included in the recommendation requiring all tow trucks and vehicles over 2 tonnes to access the premises from the intersection of Tunstall Avenue and Gardeners Road.

 

It is acknowledged that mechanical repair centres may require the need to test motor vehicles on local roads for pink slips and after service testing. The Roads and Traffic Authority were contacted to obtain their advice on whether they had any requirements or guidelines for such activities. They advised that they have no such guidelines or requirements.

 

9.3   Noise and Air Pollution

 

The use of the premises for mechanical repairs is similar to the auto electrical repair business in respect to the levels and types of noise emitted from the site. The construction of the existing workshop is such that adverse noise impacts to adjoining properties are minimised. A suitable condition has been included in the recommendation limiting the noise levels to be emitted from the site from giving rise to ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations. In addition, a condition included in this recommendation requires that all repairs be undertaken in work bays.

 

The proposal is unlikely to increase air pollution emissions to adjoining properties as the intensity of use is limited by the existing floor space and the hours of operation will be restricted to those originally approved.

 

FINANCIAL IMPACT STATEMENT:

 

Nil.

 

10.  CONCLUSION

 

The proposal to alter the use of the existing premises to include mechanical repairs is acceptable subject to conditions limiting the hours of operation, noise levels and access to the site. The premises will operate at a similar intensity to the current operation, and as such is unlikely to detrimentally impact on adjoining and nearby properties in terms of traffic, parking and noise. The application is therefore recommended for approval.

 

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 327/2004 for permission to include mechanical repairs within existing auto electrician workshop at 214 Gardeners Road, Kingsford subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the survey plans numbered Ref No. 8165 Sheet 1 and Ref No. 8165 Sheet 2, dated 24 May 2001 and received by Council on 5 May 2004 and 21 June 2004 respectively, 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 maintain reasonable levels of environmental amenity.

 

2.         The hours of the operation of the workshops are restricted to:-

Monday through to Friday, inclusive from: 7:30am to 6:00pm. Saturdays, from: 8:00am to 2:00pm.

 

3.       The hours of operation of the spare parts and accessories shop shall be limited to 7:30am to 6:00pm Monday to Friday and 8:00am to 5:00pm Saturday and Sunday.

 

4.       The consent of Council must be obtained prior to the erection of any advertising unless exempted under Council’s Development Control Plan - Exempt and Complying Development.

 

5.       No vehicles under or awaiting repair or other services are to be located upon Council’s roadway, footways, or reserves at any time.

 

6.       Any vehicles required to be kept overnight on the premises must be stored wholly within the workshops of the premises.

 

7.       Hoists are not permitted to be installed under the outside awning.

 

8.       All tow trucks and vehicles over two tonnes shall enter and exit the site via the intersection of Tunstall Avenue and Gardeners Road.

 

The following conditions are applied to provide adequate provisions for parking to the development:

 

9.       The premises shall provide parking for 11 vehicles in the manner indicated on the approved plans. The spaces are to be permanently marked by line work to define each space.

 

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

 

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

 

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

 

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

 

12.     There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

13.     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.

 

ATTACHMENT/S:

 

A4 Configurations

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

ANDREW BEATTIE

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT PLANNER

 

 

 

 

 


 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

20 October, 2004

FILE NO:

DA287/2002    “B”

 

PROPOSAL:

 Section 96 to modify condition 2 to allow permanent operation of the auctions on site and to change the words "once every three weeks" to "on average once every three weeks"

PROPERTY:

 266-270 Clovelly Road, Coogee

WARD:

 Central Ward

APPLICANT:

 Mrs M A Edwards

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.   EXECUTIVE SUMMARY

 

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

 

      The modification seeks to amend condition 2 to allow for the permanent operation of the auctions held on site. It also seeks approval to change the words “once every three weeks” to “on average once every three weeks”.

 

      The main issue for consideration is whether the permanent use of the building for auctions will detrimentally affect nearby residents by way of noise or traffic and parking.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed modification seeks consent to modify condition No. 2 in two ways;

 

1.   To allow permanent operation of the auctions held on site.

 

2.   To change the words “once every three weeks” to “on average once every three weeks”.

 

The applicant advises that for circumstances beyond their control, auctions may occur twice in three weeks or even once in six weeks. Either way the applicant would be in breach of this condition.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Clovelly Road between Dans Avenue and Arden Street in Coogee. The site is a regular shaped allotment with street frontages to Clovelly Road and Dans Avenue, and contains a single storey commercial building with parking under accessed from Dans Avenue.

 

The site is located at the end of a small; shopping strip and is surrounded by predominantly residential premises with the exception of the properties to the east along Clovelly Road.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

Council received a development application to change the use to a real estate agency and new signage at 266-270 Clovelly Road, Coogee on 4 April 2002. The application was notified to the adjoining and neighbouring residents on 12 April 2002. Two objection letters were received from Ms Penny Robbins and Mr Kim Dalton of 41 Dans Avenue and Mr Tim and Mrs Linda Street of 37 Dans Avenue. Both residents were concerned about the lack of parking in the area and problems with previous tenants of the building. Concerns were also raised regarding auctions being held on the property.

 

The applicant subsequently advised the Council that they were considering holding auctions fortnightly on a Wednesday or Thursday nights finishing no later than 9pm. As no details of auctions and the potential traffic generated accompanied the application, a condition prohibiting auctions being held on the site was included with the consent. The application was approved on the 14 May 2002 subject to conditions restricting the hours of operation, prohibiting auctions being held on site and deleting some signage.

 

On 12 December 2002 a Section 96(2) application was submitted to amend condition 2 to allow for auctions, and alter the existing signage and internal layout which was subsequently approved at an Ordinary Council Meeting on 23 September 2003. Condition 2 was altered to include the use of the building for auctions but restricted the use to a 12 month trial period and noted that a further S96 application would be required to make the use permanent. This consideration, however, would be based on, but not limited to, the performance of the operator in relation to compliance with the development consent conditions, and any complaints received and the reasons given, in respect to traffic and parking.

 

5.    COMMUNITY CONSULTATION:

 

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

 

Tim & Linda Street37 Dans Avenue, Coogee

 

·    Only two or three properties have been auctioned at each event presumably due to the down time in the property market.

·    The current activity has not impacted on the area.

·    The applicant should be limited to auctioning 5 properties at each event.

 

Comment

              A perusal of Council’s property file revealed that only one letter of complaint was received in relation to activities undertaken at the subject address. This letter raised concerns that the real estate agent held an auction on a particular night which would have been in breach of condition 2. The real estate agent replied and advised that the auction did not go ahead and also raised their concerns about Condition 2 of development consent D287/2002 and how the wording was incorrect.

 

              In terms of reducing the maximum of auctions per auction evening from 8 to 5, the applicant is already limited to a closing time of 8:30pm thus limiting the amount of auctions to be held on any one night. The current approval which is for a maximum of 8 auctions each auction night is not considered unreasonable.

 

       TECHNICAL OFFICERS COMMENTS

 

Referrals were not required in this case.

 

7.    MASTER PLANNING REQUIREMENTS

 

This heading has been considered but is not relevant as the subject site is less than 4000m2 in area.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

 

(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.

 

9.    SECTION 96 AMENDMENT

 

9.1   Substantially the same

The proposed modification seeks permanent operation of auctions and seeks a minor change in wording to condition 2. As such, the modifications to the development proposal are considered to represent substantially the same development as that originally approved.

 

9.2  Consideration of submissions

 

The single submission, which does not oppose the modification, has been acknowledged and based on the lack of formal submissions during the past 12 months, it is considered that there will be no additional adverse impact on adjoining neighbours by way of noise, parking and traffic related issues. This submission has been previously addressed under the “Community Consultation” section of this report.

 

10.  ENVIRONMENTAL ASSESSMENT

 

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

 

Given the minor nature of this modification, issuing permanent consent to allow auctions on site, and the minor change to the wording of condition 2, the amenity of the neighbourhood will not be adversely affected. The real estate agency will not be operating any differently to the way they are currently operating. The modification will not affect the hours of operation or number of auctions per year.

 

In addition, only one complaint was received during the notification period. This submission did not object to the proposal although noted that the auctions were not operating to capacity possibly due to a down turn in the property market. During the last 12 months one complaint was received alerting Council to the fact that the real estate agency was operating outside their conditions of development consent. This turned out to not be the case but also highlighted the fact that the wording in condition 2 of the development consent was written in a way that made compliance difficult. If the agency had 2 auctions in 3 weeks or one auction in 6 weeks, condition 2 could not be complied with. No complaints were raised relating to parking/traffic issues.

 

FINANCIAL IMPACT STATEMENT:

 

Nil.

 

11.  CONCLUSION

 

The proposed modifications to the current approval are minor in nature and based on the lack of complaints over the last 12 months, the use of the premises for auction has not detrimentally affected the neighbouring properties or surrounding area. Given that the building use and operation will not change and the real estate agency will be operating as per the last 12 months, no objection is raised to the modification and it is recommended for approval.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to modify Development Consent No 287/2002 for Section 96 to modify condition 2 to allow permanent operation of the auctions on site and to change the words "once every three weeks" to "on average once every three weeks" at 266-270 Clovelly Road, Coogee, in the following manner:-

 

·      Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered 3-2077-T1, dated 7/11/00 and received by Council on 4 April 2002, the application form and on any supporting information received with the application, as amended by the Section 96 documentation received by Council on 15 September 2004, only in so far as they relate to the modifications highlighted in the Section 96 documentation and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

·      Amend Condition No. 2 to read:

 

The hours of operation for business excluding auctions are from 8:30am – 6:00pm Monday to Friday and 8:30am – 1:00pm Saturday.

 

Auctions are to be limited to Wednesday evenings, on average once every three weeks, between the hours of 6:00pm and 8:30pm, with a maximum of 8 auctions to be held each auction evening and a maximum of 17 auction evenings per year.

 

ATTACHMENT/S:

 

 

1. Director Planning & Community Development Report dated 2 September 2003.

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

ANDREW BEATTIE

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT PLANNER

 


 

Director Community Development's Report 74/2003

 

 

SUBJECT:

266 - 270 Clovelly Road, Clovelly

 

 

DATE:

2 September, 2003

FILE NO:

D/287/2002

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

 

BACKGROUND

 

The Health, Building and Planning Committee at its meeting of 11 March 2003 deferred consideration of a Section 96 Application seeking to modify condition 2 of the  development consent, relating to the carrying out of auctions on the subject premises to allow the applicant’s traffic consultant, Mr Chris Hallam, to undertake a further survey and present this information back to Council officers in order that traffic and parking conditions in the area may be adequately addressed. Condition 2 reads as follows:

 

‘2.        The hours of operation for business are from 8.30am –6pm Monday to Friday and 8.30am –1pm Saturday and no auctions are to be carried out within the premises during or after operation hours, to minimise the likely residential amenity impact in terms of noise, traffic and on street parking congestion.’

 

On 5 June 2003 a submission was received from Neustein Rosenberg Earnshaw Architects and Urban Planners, which included an updated parking survey from Traffic and Transport Pty Ltd.  Although the Health Building and Planning Committee has requested that the additional parking survey is to be supplied by Mr Chris Hallam, the applicant has stated that Chris Hallam and Associates could not conduct the parking survey as Mr Hallam was on leave for four weeks at the time of Councils resolution and Traffic and Transport Services Pty Ltd were employed to minimise the delay in providing comments. 

 

The parking survey by Traffic and Transport Services was conducted in streets up to 300metres away from the subject site between 6:00pm and 8:30 pm on the Wednesday evenings of the 19, and 26 March and 2 April 2003.  The survey found that a total of 704 spaces are located in the survey area, 690 of these spaces having unrestricted parking.  The survey found that the lowest number of vacant car spaces available was 288 at 8:30 pm on Wednesday the 2 April 2003.

 

On 19 August 2003 the applicant was requested to clarify information supplied by providing:

 

1.   A statement from the applicant confirming that the auctions are to be held on Wednesday nights.

2.   The amount of car parking spaces available within 100m of the site and the number of vacant spaces available within 100m of the site during the auction times.  

2.   The maximum number of patrons who will attend the site at any one time during  auction nights.

 

A response to this request was received on 22 August 2003 in which the applicant has stated that auctions are only to be held on Wednesday evenings, approximately once every three weeks with a maximum of 17 auctions being held per year. The applicant has also supplied details of the amount of spaces from Traffic and Transport Services parking survey within approximately 100m of the site, in the following streets:

 

·    Dans Avenue – from Clovelly Road to Arden Street

·    Arden Street – from Division Street to Clovelly Road.

·    Clovelly Road – from Fewings Street to Beach Street.

·    Fewings Street – from Clovelly Road to the Lane

 

The survey found that there were 132 parking spaces, including 118 unrestricted spaces and 14 half hour parking spaces with the lowest number of vacant parking spaces in this area being 23 at 7:30pm on Wednesday 2 April 2003.

 

The applicant has stated that a maximum of 8 items will be auctioned on auction nights with an average of 12 people attending each auction, and 96 people attending in total over the whole auction night.  The applicant has stated that based on their experience, people would not attend the site for more than 30 minutes.  On average this would lead to 36 people attending over that 30 minute period. This would require on the basis of 2 people per car attending each auction, 18 vacant car spaces.

 

Five additional submissions have been received during the time between the application being presented before the Council and the writing of this report from residents raising objections to the proposal.  A summary of the issues raised include:

 

·    Disappointed with the Councils decision to defer consideration of the application.

·    Concern that there is a lack of on street parking in the area.

·    Concern that the proposal will cause an increase in traffic in the area.

·    Concern that the proposal will lead to people parking illegally.

·    Concern that the parking survey was not conducted during the summer months during the backpackers season.

·    Concern that the parking survey area is too large.

·    There are no other real estate agencies in the area holding auctions on site.

 

Traffic Engineers Comments:

 

The Traffic and Transport Services parking survey was referred to Councils Traffic Engineer for assessment.  In response Councils Traffic Engineer has provided the following comments:

 

‘As discussed, further to Resolution of Council, dated 11th March 2003, the applicant was asked to provide additional information concerning parking in the vicinity of the site.

 

The applicant has now furnished information confirming that:-

 

1.   The proposed auctions will be held only once every three weeks, on Wednesdays evenings;

 

2.   Within 100 metres of the site, currently there are 132 on-street parking spaces available at any one time after 6:00pm on Wednesdays;

 

3.   At any one time during the auctions, a maximum of 36 people would be in attendance at the premises creating a demand for 18 car parking spaces.

 

On the above basis, no objection would be raised on traffic grounds for the approval of the proposed use should it be supported by Council.

 

However, it is considered that any approval for the proposed use should be limited to a trial period of 6 to 12 months. If during this trial period no adverse impact of the use is reported to Council, the continued use could be permitted’

 

FINANCIAL IMPACT STATEMENT:

 

Nil.

 

CONCLUSION:

 

Given the additional parking survey from Traffic and Transport Services Pty Ltd and the traffic engineers comments, it is considered that the applicant has demonstrated that the number of vacant spaces surrounding the subject site would be sufficient to accommodate the additional parking demands for the conducting of auctions.

 

It is therefore recommended that auctions be permitted for a 12-month trial period at the end of which, a review of the impact if any, that the use may have on neighbouring properties can be undertaken.  The applicant will be required to lodge a Section 96 Modification to continue use of the site for auctions at the end of the twelve month period.  Assessment of the trial period will be based on, but not limited to, the performance of the operator in relation to compliance with the development consent conditions, and any complaints and the reasons given, that are received in respect to traffic and parking.

 

It is also recommended that in light of the information supplied by the applicant, the hours of operation relating to auctions are to be conditioned so that auctions are limited to one Wednesday evening, once every 3 weeks, between the hours of 6:00pm and 8:30pm, with a maximum of 8 auctions to be held each auction evening, and a maximum of 17 auction evenings per year.

 

Concern was raised in the assessment report of 25 February 2003 regarding the proposed under awning sign. It is recommended that two additional conditions be added to the consent requiring the proposed under awning sign to be located no lower than 2.6 metres above the footpath, and that light overspill from advertising and signage shall not cause a nuisance to adjoining properties.

 

RECOMMENDATION:

 

THAT Council as the consent authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to vary condition 2 of Development Consent No. D/287/2002 in relation to hours of operation, the use of the premises for auctions and new signage and alterations to the internal layout at 266-270 Clovelly Road, Clovelly as follows:

 

Condition 1 and 2 are modified to read as follows:

 

1.         The development must be implemented substantially in accordance with the plans numbered 3-2077-T1, dated 7/11/00 and received by Council on 4th April 2002, the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered EN-1 dated, 26 June 2002 and received by Council on 12 December 2002, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.         The hours of operation for business excluding auctions are from 8:30am - 6:00pm Monday to Friday and 8:30am – 1pm Saturday. 

 

            Auctions are to be limited to one Wednesday evenings, once every 3 weeks, between the hours of 6:00pm and 8:30pm, with a maximum of 8 auctions to be held each auction evening and a maximum of 17 auction evenings per year.

 

     Consent for auctions shall be subject to a twelve-month trial period.  The Acting Director of Planning & Community Development is to be notified in writing of the date of commencement of the operation for auctions. A further Section 96 application to modify condition No.2 to allow permanent operation of the auctions on site is to be submitted before the end of the trial period for Council’s consideration. Such consideration will be based on, but not limited to, the performance of the operator in relation to compliance with the development consent conditions, and any complaints received and the reasons given, in respect to traffic and parking.

 

Add the following conditions:

 

15.       The minimum clear distance from the existing footpath in Clovelly Road to the underside of the proposed under-awning advertising sign, (i.e. the sign to be installed above the footpath in Clovelly Road), shall be 2.6 metres.

 

16.       Light overspill from advertising and signage shall not cause a nuisance to adjoining properties.

 

 

ADVISORY MATTERS:

 

A1.      The applicant shall be advised that Council may, in the future, be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.

 

A2.      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A3.      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.

 

ATTACHMENT/S:

 

1. Development Application Report Dated 25 February 2003

2. Parking Study by Christopher Hallam and Associates Pty Ltd

3.Parking Study by Traffic and Transport Surveys Pty Ltd

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

SHAUN HEHIR

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

STUDENT PLANNER

 

 

 


 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

25 February, 2003

FILE NO:

D/287/2002

 

PROPOSAL:

 Section 96 Modification to alter Condition 2 in relation to hours of operation.  Proposed hours 8:30am to 6:00pm Monday to Friday, 8:30am to 1pm Saturday.  Auctions limited to once every 3 weeks

PROPERTY:

 266-270 Clovelly Road, Coogee

WARD:

 North Ward

APPLICANT:

 M Edwards

 

 

 

 

 

 

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 Judy Greenwood, Dominic Sullivan and Paul Tracey..

 

The applicant proposes to alter Condition 2 of the Development Consent 287/2002 to allow for auctions, and alter the existing signage and internal layout of the building.

 

Auctions have been proposed for once every three weeks on a Wednesday or Thursday evening between 6:30 pm and 8pm.  During each auction evening, 1 to 8 properties will be auctioned attracting 30 to 100 people.

 

The application was notified to adjoining property owners and in reply 10 objection letters from 9 properties in Dans Avenue and Clovelly Road have been received.  A letter of support from Neustein Rosenberg Earnshaw Architects and Urban Planners on behalf of the applicant has also been received.  

 

The parking study submitted with the application has not adequately assessed the impact of the proposal on the parking capacity of the area, and demonstrated the parking available on site is adequate to cater for the peak parking demand of the proposed auctions.  The inadequacy of the onsite parking provided will result in the intrusion of car parking within the surrounding residential area with a resultant adverse impact on the amenity of local residents.

 

The application is therefore recommended is for refusal.

 

2.    THE PROPOSAL

 

The applicant proposes to alter Condition 2 of the Development Consent 287/2002 to allow for auctions, and alter the existing signage and internal layout.

 

The applicant has stated in their Statement of Environmental Effects that auctions will be held once every three weeks on a Wednesday or Thursday evening between 6:30 pm and 8pm.  During each auction session 1 to 8 properties will be auctioned attracting 30 to 100 people

 

The applicant has suggested altering Condition 2 of the Development Consent, which states:

 

‘2.       The hours of operation for business are from 8:30am - 6:00pm Monday to Friday and 8:30am – 1pm Saturday and no auctions are to be carried out within the premises during or after operation hours, to minimise the likely residential amenity impact in terms of noise, traffic and on street parking congestion.’

 

and replacing it with the following Condition:

 

‘2.       The hours of operation for business are from 8:30am - 6:00pm Monday to Friday and 8:30am – 1pm Saturday. Auctions are to be limited to week days, on average once every three weeks between 6:00pm and 8:30pm.’

 

The applicant has stated that the hours suggested in the condition vary from the actual auction hours to allow for people arriving before 6:30pm and remaining after 8:00pm.

 

In addition to allowing for auctions, the applicant proposes to change the internal layout of the building by installing partition walls and creating an auction room with seating for up to 60 patrons.  The applicant also proposes to install a 1 metre wide by 1 metre deep by 400mm high under awning sign to the street frontage of Clovelly Road.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Clovelly Road between Dans Avenue and Arden Street in Coogee. The site is a regular shaped allotment with street frontages to Clovelly Road and Dans Avenue, and contains a single storey commercial building with parking under accessed from Dans Avenue.  

 

The site is located at the end of a small shopping strip and is surrounded by predominantly residential premises with the exception of the properties to the east along Clovelly Road. Immediately to the east of the site is the Castle Backpackers Hostel.  The property to the west contains a semi-detached dwelling house.  Across from the site is a 3 storey residential flat building with parking under.  Next to the residential flat building to the east is the start of the shopping strip.   Further to the west on the Corner of Clovelly Road and Knox Street is the Clovelly RSL/ Air force Club.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

Council received a development application to change the use to a real-estate agency and new signage at 266-270 Clovelly Road Coogee on 4 April 2002.  The application was notified to the adjoining and neighbouring residents on 12 April 2002.  Two objection letters were received from Ms Penny Robbins and Mr Kim Dalton of 41 Dans Avenue and Mr Tim and Mrs Linda Street of 37 Dans Avenue.  Both residents were concerned about the lack of parking in the area and problems with previous tenants of the building.  Concerns were also raised regarding auctions being held on the property.

 

The applicant subsequently advised the Council that they were considering holding auctions fortnightly on a Wednesday or Thursday nights finishing no later than 9pm.  As no details of auctions and the potential traffic generated accompanied the application, a condition prohibiting auctions being held on the site was included with the consent.  The application was approved on the 14 May 2002 subject to conditions restricting the hours of operation, prohibiting auctions being held on site and deleting some signage.

 

b.      HISTORY OF SITE USEAGE

 

The following development applications have been lodged for the site:

 

70/00011/DZ -   To use premises for sale used and new car      Rejected 07/07/70

 

70/00100/GF-    Use existing premises as panel beaters

                          and used car sales                                           Rejected 04/08/70

 

71/01581/DZ -   Use premises as a self service

                          grocery shop                                                  Approved 03/08/71

 

71/00140/GF -   Erect a retail self service grocery shop             Approved 03/08/71

 

99/00813/GN -  Carry out internal alterations and

                          change use of the premises from

                          supermarket to office                                      Approved 02/09/99

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with Randwick Local Environmental Plan 1998. The following submissions were received:

 

5.1  Objections

 

Glenda Donazzan, 7 Dans Avenue Coogee.

 

-     Lack of street parking in the vicinity.

-     Allowing auctions will put an extra strain on the street parking caused by commercial and residential uses already existing in the area particularly the Air Force Club, Catholic Church and backpackers.

-     Fears that people will park illegally across bus stops and driveways.

-     Fears that residents will have to walk large distances from their homes to find street parking causing an increase in car break-ins and being detrimental to residents personal safety.

 

Tim and Linda Street, 37 Dans Avenue Coogee.

 

-     Lack of street parking in the area.

-     The auctions will add extra strain on the existing street parking caused by the existing commercial uses on Clovelly Road, the RSL and Backpackers Hostel.

-     Fears that the people coming to auctions will become too emotional and will have disregard for parking laws, parking illegally on nature strips and across driveways.

-     Problems in the past with the previous tenants of 266 – 270 Clovelly Road not providing enough parking for employees and people parking illegally on the street.

-     Has recently experienced street auctions in Dans Avenue where large amounts of people have attended.

-     Problems in the past with abandoned cars being left on the street by former guests of the backpackers.

-     Suggests that the applicant use the Clovelly Surf Club for auctions as it has a large car park.

-     Considers the proposal ambiguous with specific reference to the frequency of auctions, the days to which they are to be held and the proposed hours of operation.

-     Has concerns with the applicant’s parking study particularly that the data was sampled over one Wednesday night.

-     Concerned that not all properties in the parking study area were notified of the proposal.

-     Unaware of why the applicant now wishes to provide auctions on site when the development application prohibited them.

-     Does not believe that holding auctions on site is in the best interest of the residents and ratepayers of the area.

 

Lynn and Peter Race, 9 Dans Avenue Randwick.

 

-     Believes holding auctions will increase the parking congestion in the area caused by lack of on site parking for existing commercial and residential uses including existing houses, unit blocks, the RSL and Backpackers Hostel.

-     Fears the proposal will cause an increase in illegal parking causing safety issues for traffic.

-     Fears that residents will have to walk further away from their homes to find street parking and will be detrimental to residents’ personal safety.

 

D A Craner 27 Dans Avenue Clovelly.

 

-     The proposal will have a detrimental impact on the existing street parking of Dans Avenue.

-     Has problems walking along the footpath due to illegally parked cars near the backpackers hostel.

 

Ross and Roslyn Miles, 39 Dans Avenue Coogee.

 

-     The proposal will cause undue strain on the existing off street parking facilities of the street.

-     Fears that holding auctions once every three weeks is the ‘thin edge of the wedge’

-     Fears that people will park illegally and that Council will have trouble policing this potential problem.

-     Fears that people will not leave immediately after auctions have finished and that the finishing time may be closer to 10pm.

-     Fears that people staying after auctions have finished may cause a noise nuisance.

 

Kim Dalton and Penny Robins 41 Dans Avenue Coogee.

 

-       Upset that not enough properties were notified of the proposed amendment.

-       Fears that auctions being held on site will increase the demand for on street parking in the area.

-       Dans Avenue has problems with vehicles being parked in the street by guests of the Castle Backpackers. 

-       Problems in the past with the previous tenants of 266 – 270 Clovelly Road not providing enough parking for employees and people parking illegally on the street.

-       Believes that the surrounding area will not be able to accommodate the amount of people that the applicant has stated may attend auctions and that residents will have to park several blocks away when arriving home on nights that auctions will be held.

-       Believes that it is unreasonable for the applicant to hold auctions on the site when the development application prohibited them.

-       Believes that the hours of operation and the frequency of the proposed auctions as specified in the application are too flexible.

-       Believes that the parking study is inadequate and does not take into account the summer backpacker’s season. 

 

Sue O’Connor, 33 Dans Avenue Coogee.

 

-       Does not understand why the Council is considering the applicant to hold auctions on the site when the development application prohibited them.

-       Has stated that their understanding for the reason that no auctions are to be held on site are that there is a lack off street parking to accommodate people attending auctions.

-       Concerned that insufficient residents were notified of the application and that the date the letter was sent out was inappropriate. The objector believes that this is a cynical ploy to allow the application to be approved.

-       Believes that there is not enough parking available in the area due to the bus zones on Clovelly Road, Australia Post Boxes, traffic calming devices, the local church, residential flat buildings in the area and cars parked by guests of the backpackers hostel.

-       Suggests that the applicant use the Clovelly Surf Club for auctions as it has a large car park.

 

Anthony Brooks, 295 Clovelly Road Clovelly.

 

-       Clovelly Road has existing parking problems and believes that the parking study is inaccurate.

-       Believes an extra 100 persons attending auctions will only increase this problem and cause major disruption and inconvenience to residents.

-       The area already has inadequate parking for the Backpackers and RSL.

-       Elders staff never use the existing under cover parking.

-       Believes the proposal will cause traffic congestion, decrease pedestrian safety and has the potential to cause additional accidents.

-       Noise pollution caused by large amounts of people entering an leaving the site.

-       Does not understand why the modification has been lodged when the development application prohibits auctions.

-       Questions whether the proposed modification is substantially the same development.

-       The proposal does not relate to the objectives of the 2A Residential Zoning.

-       Does not believe that the applicants proposed hours of operation are accurate.

-       The proposed signage is inappropriate and will cause a nuisance to surrounding property owners.

 

5.2  Support

 

Neustein Rosenberg Earnshaw Architects and Urban Planners.  Level 4, 75 Grafton Street, Bondi Junction.  (Acting on behalf of Applicant.)

 

The following is a summary of a letter of support received in response to the objection letters submitted to the Council.

 

-       The traffic report indicates 136 car spaces within 250 metres of the subject site.  13 to 33 of those spaces were available between 6pm and 9pm on the evening surveyed.  The applicant recognises that the number of parking spaces may change on a daily basis but has stated that the parking study is an indication of the typical parking situation on a Wednesday night.  The applicant has also stated that the study does not address the availability of spaces beyond the survey area as it is unreasonable to assume that persons attending auctions would not utilise these areas if necessary.

-       In response to claims of inadequate parking associated with the backpackers, takeaway food premises, the RSL and Air Force Club, the applicant has stated that the proposed auctions would generate demand approximately once every 3 weeks between 6:30pm and 8:30pm, not on a daily basis.   This would result in approximately 17 auctions per year.  As a percentage, this would apply to 4.6% of the total days of the year instead of 80 – 100% like existing commercial uses.

-       The applicant has stated that it is unlikely that people will stay for the entire 1.5 hours.  It is proposed that 8 auctions will be held every session each taking between 10 – 12 minutes.  On this basis the applicant believes that the maximum time any person would attend is 30 minutes.

-       On average, a maximum of 80 –100 people would attend the auctions for 8 properties.  This averages at 12 persons per item, including the vendor.  On the basis that people attending auctions will arrive as couples or groups, this would generate demand for 6 spaces for an average of 30 minutes.

-       The applicant has stated that a minimum of 8 spaces could be made available for people attending auctions in the basement car park of the building as not all employees need attend auctions.

-       Public transport is available at the front of the property in Clovelly Road with a bus service operated every 20-30 minutes.  A bus time table has been attached to the letter.

-       The proposed auction hours of 6:30pm to 8:00pm do not conflict with other commercial activities in the area whose core business hours are 9:00am to 5:30pm.

-       Problems with people parking illegally are matters to be addressed by the police and should not be a factor in determining the application.

-       In response to concern regarding the wording that auctions will be held approximately once every three weeks, the applicant has stated that this is to allow for a variation caused by public holidays.  The applicant has stated that there will be no more than 17 auctions held on site every year.

-       With regard to noise, the applicant has stated that people will enter and leave the site through Clovelly Road and it is not expected to cause any more additional noise than patrons leaving the existing restaurants or takeaway food premises. 

-       The applicant has also stated that people attending auctions are unlikely to linger around in the office or surrounding area.  In addition the proposed auction room is mechanically ventilated and does not contain any external openings. 

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Engineering Issues

 

The Director of Asset and Infrastructure Services has advised that the following comments and condition are to be included with any approval of the section 96 application:

 

Comments

The applicant shall be advised that Council may be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.

 

Should the application be approved the following conditions shall apply:

 

1. The minimum clear distance from the existing footpath in Clovelly Road to the underside of the proposed under-awning advertising sign, (i.e. the sign to be installed above the footpath in Clovelly Road), shall be 2.6 metres.

 

Advisory Conditions

 

The applicant shall be advised that Council may, in the future, be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.

 

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

 

The 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.’

 

7.    MASTER PLANNING REQUIREMENTS

 

The site is less than 4,000 square metres and therefore the master planning requirements do not apply.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is prohibited.  However evidence was provided during the assessment of the Development Application No. 287/02 that the site enjoys existing use rights pursuant to section 108(1) of the EPA Act 1979 as amended.  Under the provision of this Act the existing use may, with consent, change to another use, which would otherwise be prohibited under the Act.

 

8.1  Policy Controls

a.    Development Control Plan Parking

b.    Development Control Plan Outdoor Advertising

 

9.    SECTION 96 AMENDMENT

 

9.1   Substantially the same

        The proposed modification represents substantially the same development.

 

9.2   Consideration of submissions

 

Issues relating to outdoor advertising have been addressed in section 10.1 of this report.

 

Issues regarding the availability of on street parking have been addressed in section 10.3 of this report.

 

Issues relating to hours of operation have been addressed in section 10.4 of this report.

 

With regard to the objectors concerns relating to notification of adjoining property owners, the proposal was notified in accordance with the requirements Clause 23 of the Randwick Local Environmental Plan 1998.

 

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     Outdoor Advertising

 

The applicant has proposed to erect a 1 metre by 1 metre by 0.4 metre illuminated under awning advertising sign to the front of the premises.  No objections are raised to this sign subject to a condition being imposed to ensure that light from the advertising signs does not cause nuisance to residential properties in the surrounding area.

 

10.2 Internal Alterations

 

The proposed internal alterations represent the installation of partition walls to the inside of the premises.  Councils Exempt and Complying Development Control Plan classify these as exempt development, and as such no objection is raised to this aspect of the proposal.

 

10.3 Traffic & Car Parking

 

The applicant has stated that they expect to hold auctions on a Wednesday or Thursday evenings between 6:30pm to 8:00pm approximately once every three weeks.  Each evening to which auctions are to be held between 1 and 8 properties are to be auctioned and anywhere between 30 to 100 people may attend the auctions at any one time.  

 

The applicant has provided a parking study from Christopher Hallam and Associates setting out the availability of on street parking in the area.  The parking study looked at vacant car parking spaces in the following streets:

 

-       The southern and northern sides of Clovelly Road from Knox to Beach Streets. 

-       The eastern side of Arden Street between Greville and Division Street,

-       The western side of Arden Street from Burnie to Quail Streets. 

-       The southern and northern sides of Dans Avenue between Arden Street and the rear of the Commercial centre along Clovelly Road.

-       The angle parking on the eastern side of Fewings Street. 

 

The study area represents 150 metres each direction from the site along Clovelly Road and 250 metres in each direction from the site along Arden Street.  The survey area has been divided into 15 separate areas representing one street block and restricted and unrestricted parking spaces.

 

The survey took place on Wednesday the 13th of November 2002 between the hours of 6:00pm and 9:00pm.  It was found that there were 136 parking spaces in the surveyed area. 

 

The applicant has stated that at 6:00pm, there were 33 vacant car spaces which fall to 28 at 6:30pm when auctions are due to start.  At 7:00pm 26 spaces are available, at 7:30pm the amount of vacant street car spaces in the area falls to 13, this rises to 19 at 8:00pm  but falls to 18 at the time auctions finish at 8:30pm.

 

The parking study that has been submitted with this application has serious deficiencies.  The parking study fails to provide an accurate measure of the average distribution of parking on a Wednesday and Thursday evening. The sample of information collected for the study was sampled during one Wednesday evening in November.  This could not be considered an accurate measure of the average distribution of vacant parking spaces on Wednesday and Thursday evenings as the study fails to take into account the available parking on a Thursday evenings and any other activities which may increase or decrease the demand for on street parking in the area. Without a large sample of data taken over more than one evening, an accurate representation of the available vacant street parking in the area cannot be ascertained.  In addition the area to which the parking study applies does not take into account the full length of Dans Avenue from Arden Street to Clovelly Road.  The study only applies from Arden Street to the end of the commercial sites in Clovelly Road.

 

The applicant has stated that the site currently contains eleven car parking spaces, which are used for staff parking.  Further information from Neustein Rosenberg Earnshaw Architects and Urban Planners has stated that the applicant is willing to provide a minimum of eight car parking spaces for use for people attending the auction with the staff parking being stacked parking.  The internal layout of the basement car park does not satisfy the requirements of the Councils Parking Development Control Plan-Parking, and the applicant has not supplied sufficient information demonstrating how the proposed parking arrangements will work and whether these parking arrangements will satisfy the relevant requirements.

 

In considering the scenario that a maximum of 100 people attend the auction and on the basis that an average of two people per car will attend, 50 car parking spaces would be required over the course of the evening.  If 8 auctions are held on that evening, and an even amount of people attend each auction approximately 12 to 13 people will attend each auction.  If by the applicants estimates people attending each auction lasts for 10-12 minutes, and the average time that someone stays in the area is 30 minutes, a maximum of 36 to 39 people will be in attendance at all times.  This would require 18 on street car parking spaces at 7:30pm, however, there would not be sufficient available parking in the survey area to accommodate the parking demand.  Furthermore, the majority of on street parking at 8pm and all of the on street parking at 8:30pm would be required to accommodate auction patrons.

 

The above scenario relies on people arriving immediately before or during the auction before they wish to attend and people leaving during or immediately after the auction they wished to attend. It does not take into consideration people bidding on multiple properties or more people attending the auction of one property than another, or people who arrive earlier and leave later than the specified 30 minutes.

 

The applicants parking study has stated that except at the time of 7:30pm, 40 patrons could be accommodated.  Under the applicant’s own estimate of an average of 2 people per car attending, 20 parking spaces will be required.  However at the times of 7:30pm, 8:00pm and 8:30pm less than 20 spaces will be available.

 

Notwithstanding the deficiencies of the sample data of the parking study, the above examples demonstrate the insufficient supply of on street parking available in the study area especially during the hours of 7:30pm to 8:30pm. 

 

The applicant has also stated that public transport is available at the front of the site, however, no data has been provided which demonstrates the percentage of people who typically attend property auctions and catch public transport.  Therefore without sufficient information demonstrating this, the applicant’s argument cannot be supported.

 

The parking study has not taken into account the increase in traffic flows which may be generated by a large group of people attending one site over such a  small period of time.

 

It is considered that the parking survey is deficient and does not provide accurate information of the available vacant street parking in the area. Notwithstanding, the parking study demonstrates the insufficient supply of on street parking available in the study area especially during the hours of 7:30pm to 8:30pm.

 

10.4 Hours of Operation

 

The applicant has stated that auctions will be held once every three weeks on a Wednesday or Thursday evening between 6:30 pm and 8:00pm with a maximum of 17 auctions per year to be held on site. The applicant has asked for operating hours of 6pm to 8:30pm to allow for people entering and leaving the site. This differs from what the applicant has requested  for the proposed amendment of condition 2.

 

The applicant has stated that  ‘Auctions are to be limited to week days, on average once every three weeks between 6:00pm and 8:30pm’.  There is no mention of auctions being held on Wednesday or Thursday evenings or that a maximum of 17 auction nights a year be held.  In addition, there is no mention of auctions starting at 6:30pm and finishing at 8:00pm.   It is therefore considered that the proposed condition 2 brought forward by the applicant is ambiguous and open to varied interpretation.

 

The applicant has stated that the proposed auction hours of 6:30pm to 8:00pm do not conflict with other commercial activities in the area whose core business hours are 9:00am to 5:30pm.  However, the Clovelly RSL does operate after 5:30pm and also generates a demand for on street parking.

 

10.5 Site Suitability

 

The proposal is located at the end of a small shopping strip, which is zoned residential and represents a non-conforming use enjoying existing use rights.  With the exception of the Backpackers Hostel on the corner of Arden Street and the RSL/ Air Force Club on the Corner of Knox Street and Clovelly Road, the proposed auction site will be the only use attracting people from large distances to the area.

 

The site contains onsite parking for staff, however, it does not contain sufficient parking to accommodate the expected amount of people who will attend the proposed auctions.  With a lack of onsite parking and no public car parking available except on street parking in the surrounding area, and after considering the information contained in the applicants parking study, it is considered that allowing auctions to be held on the site will adversely impacts on the amenity of neighbouring residents .

 

 

11.  CONCLUSION

 

The proposal for auctions to be held on the site represents significant intensification of a non-conforming use and is therefore not considered a suitable form of development in the context of the predominantly residential surrounding area. 

 

The parking study has not adequately assessed the impact of the proposal on the parking capacity of the area or demonstrated that the parking available on site is adequate to cater for the peak parking demand.  It is likely that the inadequacy of the onsite parking will result in the intrusion of carparking associated with a commercial activity within the surrounding residential area adversely impacting on the amenity of local residents.

 

It is therefore considered that proposed Section 96 Modification does not satisfy the relevant assessment criteria and is recommended for refusal.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. D/287/2002 for Section 96 – Modification to alter Condition No. 2 in relation to hours of operation. Proposed hours 8:30am to 6:00pm Monday to Friday, 8:30am to 1pm Saturday.  Auctions limited to once every 3 weeks between 6:00pm and 8:30pm. New signage and alterations to inter layout at 266-270 Clovelly Road, Coogee for the following reasons:

 

1.       The applicant has not demonstrated that the parking available is adequate to cater for the peak parking demand of the proposed auctions.

 

2.       The proposed auctions represent a significant intensification of a non-conforming use and are therefore not considered a suitable form of development in the context of the predominantly residential surrounding area.

 

3.       The proposed auctions would be adversely affect the amenity of the surrounding residential properties in terms of noise, parking and traffic.

 

4.       The proposal would establish an undesirable precedent having regard to the submissions received and the circumstances of the case.

 

ATTACHMENT/S:

 

Director Planning & Community Development's Report dated 2 September 2003.    

 

………………………………

………………………………

SIMA TRUUVERT

SHAUN HEHIR

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

STUDENT PLANNER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

20 October, 2004

FILE NO:

04/00581

 

PROPOSAL:

 Demolition of six ancillary buildings and construction of two new buildings for the purpose of general storage, workshop facilities, offices, fire truck bay and prisoners aid area

PROPERTY:

 Long Bay Gaol, 1250 Anzac Parade, Malabar

WARD:

 South Ward

APPLICANT:

 Robert Morrison, Department of Commerce, McKell Building, 2-24 Rawson Place, Sydney 2000

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $3,300,00.00.

 

The proposed application is for the demolition of six existing stores buildings and construction of two new stores buildings, one being single storey and the other being two storeys.

 

The subject site is located in a Special Uses 5 (Long Bay Gaol) zone and contains a variety of buildings associated with the use of the site as a correctional centre. The surrounding area contains primarily low scale residential development. Access to the site is off Anzac Parade and a large customer and employee carpark is located fronting Anzac Parade.

 

The proposed development is generally consistent with the aims, objectives and recommendations of the masterplan, is appropriate in terms of heritage impacts, is appropriate in the special uses zone and is unlikely to result in adverse amenity impacts to adjacent residents.

 

The proposal was notified to the surrounding area and advertised and no objections were received to the application.

 

The assessment of the application reveals that the proposal is designed in a height and scale that is consistent with the pattern of development on the site. The proposed development is unlikely to detrimentally impact upon the amenity of the area and is worthy of approval, subject to conditions.

 

As the proposal constitutes Crown development, Council cannot refuse to grant consent or impose conditions, except with the approval of the Minister of Infrastructure, Planning and Natural Resources or the applicant.  The draft conditions have been assessed by the Department of Commerce and concurrence to the conditional consent has been provided.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The purpose of the development is to demolish the six existing stores located in the southern sector of the Long Bay Correctional Complex and consolidate the storage of materials into two new stores.  These two new stores, referred to as the CSI store and Central Store, are to be located on the western and southern parts of the site respectively. The proposal is aimed at improving the delivery of services to inmates and enhance the working conditions and facilities for staff. The construction of the new stores will aid staff and inmates in the safe storage of general equipment within the gaol. The rationalisation of stores and the demolition of older industrial buildings will create an area of the site suitable for redevelopment. It is envisaged that such development will occur in accordance with the master plan recently submitted to and approved by Council.

 

The demolition works comprise the removal of a maintenance building, industries building, records building, central store, panama nursery and motor garage.

 

The new CSI store is proposed to measure 1,670 sq.m in size and comprises a general workshop and general store. The new store will be used for the storage of miscellaneous workshop equipment, bakery equipment, textiles and general materials, whilst the workshop will be used by prison staff and inmates as a workshop to provide inmates with skills training and employment.

 

The new central store is proposed to be two storeys with an area of 819 sq.m and comprises a storage area, loading dock, fire truck bay and general offices on the ground floor, with a prisoner aid area on the lower ground floor.

 

Access to the site will be from existing internal roads and, the proposal does not involve additional parking and the facility will operate 24 hours per day, seven days per week. The proposal does not alter the inmate capacity or staffing levels of the gaol.

 

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 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.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The site has a long development application history covering numerous works and activities, of relevance to the subject application is the masterplan recently approved by Council on 12 October 2004 for the proposed and other works. The requirements of the masterplan will be addressed later in section 7 Master Planning Requirements.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with Development Control Plan for Notification and Advertising. 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  Building and Construction Comments

 

The Proposal

 

The proposal provides for the demolition of the existing industrial buildings and associated structures, including a central store, nursery and motor garage, for the erection of new central store, CSI store and associated workshop.

 

BCA Building Classification

 

§ Class 9b      -   Workshop/laboratory

§ Class 5        -   Offices

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Conclusion:

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

 

6.2  Heritage Comments

 

The subject sites are located in the Long Bay Correctional Complex, which is listed as a local and state heritage item.  A heritage impact statement, prepared by Clive Lucas, Stapleton and Partners, was submitted with the development application and made reference to the policies of the CMP.  There are three sites within the complex to which works are proposed.

 

Six buildings in the industrial sector to the south east of the site are proposed to be demolished.  These buildings are single storey warehouse, workshop, garage and store buildings constructed in the late 20th century.  They are of a non-descript character with face brick construction and gabled roofs.  The buildings are identified in the CMP as being of little significance.  The proposed demolition is to allow for the new hospital complex to be developed on that portion of the site.  The demolition of these building is considered to have no heritage impact as they not significant and their demolition allows for the future works which enhance the current significant use of the site.  No heritage conservation concerns are raised in regard to this facet of the proposal.

 

The second aspect of the proposal is for a new store building for the Corrective Services Industries (CSI) which is to be located at the rear of the former Female Reformatory and adjacent to the perimeter wall of the former remand centre.  The proposed building is to be single storey with offset skillion roofs and vaulted highlight windows facing north.  The building is sited in a location identified by the CMP as appropriate for new buildings.  The design of the building is considered to have no impact on the significance of the site in terms of its scale, bulk and articulation.  There are no concerns in regard to heritage conservation related to this part of the proposal.

 

The third part of the proposal is the construction of a new Central Store building immediately to the north of the building ‘Katingal’.  The site is currently grassed and slopes dramatically up towards the north east.  The curtilage of Katingal is defined by the concrete slab apron around all sides.  Katingal also has a visual curtilage with views from avenues within the complex to the north and north-west and limited external views from Anzac Parade to the south east.  Katingal is the former maximum security gaol that has been decommissioned and is presently unused.  It is ranked as moderately significant in the CMP with views from the north west to Katingal also of some significance.  The proposed Central Store is a part two storey and part single storey, recessively detailed warehouse building with a skillion roof which aligns with the northern edge of Katingal’s apron.

 

The form and detailing of the Central store is considered appropriate to the context although it is the siting that results in some impact upon Katingal and its visual curtilage.  The store obscures a view to Katingal from the north west along the avenue from the main entry.  The HIS argues that the impact has been minimised by a number of measures however these measures have not negated the loss of the view corridor from the north west.  Furthermore, the siting of the building has been justified with regard to other siting opportunities with the proposed location appropriate in regard to the masterplan proposal, storm water retention, the impact to more significant buildings, spaces and views, impacts to neighbours and functionality.

 

At an onsite meeting with the Government Architects Office additional options to reduce the impact of the proposed store were discussed.  It was noted that the building could not be decreased in length with additional floor space located on the south east corner of the building forming an L-shape footprint because the relocated floor space would encroach upon the concrete apron and impact on views from the north, the internal organisation of the building required for its use would be affected and the loading dock and drive way are not able to be located any further east due to the topography of the site.

 

Therefore in consideration of the significance of the building, the limited options for siting and the continued functionality of the site the impact on the view to Katingal from the north west is reasonable.  The principle significance of Katingal will be retained and be able to be interpreted as its curtilage and intended isolation will still be appreciable from a number of view points.  The actual impact of the proposed Central Store will be on the general contribution of Katingal to the Long Bay Complex as an element contributing to the history and morphology of the site as well as to the understanding of the evolution of incarceratory practices.  This impact will be marginal as it only diminishes the contribution as opposed to removing it.  The significance associated with Katingal is not dependant upon the views from the north west.  The proposed Central Store is considered reasonable in regard to heritage conservation.

 

6.3  Comments submitted by External Bodies – Roads and Traffic Authority (RTA).

 

The application was referred to the RTA on 27 August 2004 as access to the site is obtained from Anzac Parade.

 

The RTA responded on 15 September as follows:

 

I refer to your letter dated 27 August 2004 (Council Ref: DA-581/2004) relating to the referral of the subject development application, to the Sydney Regional Development Advisory Committee for assessment under Schedule 1 of State Environmental Planning Policy No 11 (SPP 11), Traffic Generating Developments.

 

I wish to advise that the application was considered by the Sydney Regional Development Advisory Committee (SRDAC) at its meeting on 15 September 2004 and the Committee raises no concerns regarding the proposed development.

 

6.4  Health Comments

 

The proposal

 

The proposal consists of an application for the demolition of six ancillary buildings and the construction of two new buildings within the grounds of Long Bay Correctional Complex. The two new buildings are to be used for general storage, workshop facilities, offices, fire truck bay and prisoners aid area.

 

Key Issues

 

Land Contamination

 

It is proposed that the maintenance and motor garage buildings will be demolished and that the associated Underground Storage Tanks (USTs) will be removed.

 

A site inspection was undertaken by Council staff on 27 August 2004. This inspection revealed that a number of petrol pumps and Underground Storage Tanks (UST) are associated with the maintenance and motor garage buildings.

 

Conversations with the project manager reveal that the removal of the USTs and backfilling of the area forms part of this development application. There is no investigation or remediation of potentially contaminated lands proposed as part of this development application.

 

The works proposed as part of this development application do not trigger the need for assessment of the potential for contaminated land. It is expected that this issue will be addressed upon receipt of any development applications for the site.

 

6.5  Engineering Comments

 

An application has been received for demolition of the existing nursery, garages, workshops and store buildings at the Long Bay Correctional Complex and to erect two new separate stores – the CSI store and Central store.

 

It is understood that the new CSI store will measure 1 670 m2 and that the new Central store will measure 819 m2.

 

Landscape Comments

 

There are two (2) Eucalyptus species (Gum trees) of about 6 metres in height to the west of the Nursery, where the group of 5 buildings are to be demolished. They appear in reasonable condition but are not deemed significant, and as such, approval is granted for their removal as is shown on the plans.

 

Traffic Comments

 

The submitted SEE indicates that the subject development application will not alter the overall inmate capacity or staffing numbers. Consequently, the proposal should not result in any additional parking demands.

 

Given the above, the AIS Department does not object to the subject application being considered without a detailed traffic and transport study being undertaken.

 

The DPCD should ensure that the proposed service vehicle facilities are adequate. At a minimum the loading dock should comply with the requirements of AS 2890.2.

 

Drainage Comments

 

The AIS Department notes that the concept drainage strategy for the stores does not comply fully with the masterplan requirements. This non-compliance may be attributed to the DA being submitted prior to the masterplan (with appropriate amendments) being approved.

 

In particular, the revised masterplan notes that 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 the tanks at the beginning of critical storm events.

 

The concept drainage strategy shows rainwater tanks being used to meet the OSD requirements for the site.

 

In order to comply with the masterplan drainage strategy, stormwater runoff from the CSI store should be directed to OSD area 5 and stormwater runoff from the central store should be directed to OSD area 3. Consequently, OSD areas 3 and 5 (as detailed on figure 5 of the stormwater drainage concept plan (Appendix 3)) should be constructed in conjunction with the development.

 

It is however understood from discussions with the applicant that it is not proposed to construct OSD area 3 until the proposed forensic hospital is built. Consequently, it has been determined that OSD area 1 (which discharges to Anzac Parade) may be constructed in Lieu of OSD area 3 (which also discharges to Anzac Parade). The applicant has agreed to build OSD areas 1 and 5 in conjunction with this development application (refer to attached letter from the Department of Commerce dated 21 October, 2004).

 

Provided that stormwater runoff from the new CSI building is directed to OSD area 5 and that the central store drainage is directed to Anzac Parade via either the existing or a new piped system, the AIS Department considers that the construction of OSD areas 1 and 5 in conjunction with the store developments will be in general accordance with the masterplan drainage strategy.

 

Geotechnical investigation Comments

 

Should groundwater and/or seepage water be encountered within the depth of the proposed excavations, the basement structures shall be suitably tanked and waterproofed.

 

Waste Management Arrangements

 

Prior to occupation of the new stores, the applicant shall submit to Council and have approved by Council’s Manager of Waste, an operational waste management plan for the stores detailing waste management practices, recycling, reuse and waste reduction measures.

 

7.    MASTER PLANNING 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. The Master Plan (RZ – 2/2004) was adopted by Council on 12 October 2004 and applies for 5 years.

 

The Master Plan proposed the following 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 this development application.

·        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.

 

The proposed works come under the scope of this masterplan. The masterplan approval required the following subjects to be considered in the assessment of any development application:

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.

 

Comment: The proposed development is fully consistent with the footprint, setbacks and scale detailed in the Masterplan.

 

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.

 

Comment: The engineering section has assessed geotechnical aspects of the proposal   and raise no objection subject to conditions.

 

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.

 

Comment: The heritage office, in accordance with section 60 of the Heritage Act, has provided consent to the application subject to conditions.

 

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.

 

Comment: Heritage matters are addressed previously in section 6.2 above.

 

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.

 

Comment: Heritage matters are addressed previously in section 6.2 above. The proposed buildings do not obscure the view to the gaol from surrounding residential areas as they are either located at a lower land height (ie the central store) or out of view (ie both the central store and CSI store and workshop).

 

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.

 

Comment: The proposed development does not relate to the hospital.

 

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.

 

Comment: Contamination issues have been assessed by Council’s health officer and relevant conditions are to be imposed ensuring compliance with relevant regulations.

 

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.

 

Comment: Contamination issues have been assessed by Council’s health officer and relevant conditions are to be imposed ensuring compliance with relevant regulations.

 

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).

 

Comment: The proposed development is for two stores and it is unlikely that use will generate excessive or unreasonable noise levels audible to nearby residents. Council’s health officer has recommended noise conditions but has not requested an acoustic report and it is considered that the noise conditions will ensure that the amenity of surrounding residents is preserved.

 

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.

 

Comment: This condition relates to the proposed hospital use and is not relevant to the subject application.

 

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.

 

Comment: This condition relates to the proposed hospital use and is not relevant to the subject application.

 

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.

 

Comment: This condition relates to the proposed hospital use and is not relevant to the subject application.

 

The proposed development is therefore consistent with the masterplan requirements.

 

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

Building Code of Australia

 

(a)   Randwick Local Environmental Plan 1998

 

The subject site is zoned Special Uses 5 under the Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent and is compatible with the existing use of the site as a correctional centre. This zone accommodates development by a public authority on publicly owned land.

 

Clause 37A Development in Special Uses Zone

 

Under this clause, the Council may grant consent to the development of land within Zone no 5 only if it is satisfied that the proposed development is compatible with the character of the locality and will not adversely affect the amenity of nearby and adjoining development.

 

The proposed use is tied in with the use of the site for correctional services and is compatible with this character. The proposed works are located within the prison site and are located between 80m and 150m from the nearest residential dwellings. The proposed stores and associated uses will not generate amenity impact to nearby residential development due to the low impact associated with them and the significant distance to the surrounding dwellings. The perimeter of the gaol has a landscaped buffer containing trees which as a visual and acoustic screen.

 

      Part 4 Heritage provisions

 

      Heritage matters relating to the application have been assessed in previous sections and the proposal is considered appropriate in terms of heritage impacts. The Heritage Office has issued a Section 60 application approval for the proposed development on 15 October 2004.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1  Floor space

 

There are no floor space controls that apply to the site. The proposed buildings are one and two storeys high and are small in comparison to most other building complexes on the site. The buildings blend in with the general scale of development on the site and will not appear higher or out of context with the pattern of development on the site.

The scale of the proposed buildings is consistent with the masterplan and will not result in adverse amenity impacts to surrounding residents.

 

9.2  Height

 

The proposed buildings are one and two storeys in height. The CSI Store has a height varying between 6m and 9m. The building is to be located on land which slopes steeply across the site from north to south and east to west. The building will be lower in height than the nearby water tank and higher than the adjacent prison wall (which is sited to the south at a lower ground level).

 

The proposed central store has a height varying between 6m and 11m. The store is to be located on land that slopes down from east to west and slightly down from south to north. The proposed building would be surrounded by other buildings of varying heights and uses.

 

The height of the two buildings is considered reasonable and due to the changing slope of the site and the varying heights of adjacent and surrounding uses, the proposed buildings will not appear excessive or out of character with the site in general.

 

The height of the proposed buildings is consistent with the masterplan and will not result in adverse amenity impacts to surrounding residents.

 

9.3  Parking

 

The proposed use does not generate a demand for additional staffing or inmates and no additional parking is proposed.

 

FINANCIAL IMPACT STATEMENT:

 

Nil.

 

10.  CONCLUSION

 

The proposed development is consistent with the intent and recommendations of the masterplan, is consistent with the uses on the site and the special uses zone, will not create demand for additional parking and is unlikely to result in any detrimental impacts to the amenity of adjacent residents. The proposed development is considered worthy of approval subject to conditions.

 

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 04/00581 for Demolition of six ancillary buildings and construction of two new buildings for the purpose of general storage, workshop facilities, offices, fire truck bay and prisoners aid area at Long Bay Gaol, 1250 Anzac Parade, Malabar subject to the following conditions:-

 

1.     The development must be implemented substantially in accordance with the plans numbered DA01 to DA03 dated 22/10/2004 and received by Council on 22 October 2004, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

3.     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.

 

4.     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.

 

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:

 

5.     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.

 

6.     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.

 

7.     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.

 

8.     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.

 

9.     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.

 

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

 

11.   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.

 

12.   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.

 

13.   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.

 

14.   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 e