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

 

10 December 2004

 

ORDINARY COUNCIL MEETING

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 14TH DECEMBER 2004 AT 6:00 PM

 

 

1           Council Prayer

 

2           Apologies

 

3           Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 23RD NOVEMBER, 2004.

 

CONFIRMATION OF THE MINUTES OF THE EXTRAORDINARY COUNCIL MEETING HELD ON TUESDAY, 30TH NOVEMBER, 2004.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addresses to the Council by the Public

 

6           Mayoral Minutes

 

6.1                        

MAYOR'S MINUTE 106/2004 - WAIVING OF FEES - INDONESIAN WELFARE ASSOCIATION - STREET FAIR.

2

 

6.2                        

MAYOR'S MINUTE 107/2004 - LIBRARY AND COMMUNITY BUS - WAIVING OF FEES.

4

 

6.3                        

MAYOR'S MINUTE 108/2004 - MATRAVILLE FAMILIES FIRST FUN DAY WAIVING OF FEES.

6

 

6.4                        

MAYOR'S MINUTE 109/2004 - PROPOSAL BY AUSTRALIAN MANUFACTURING WORKERS UNION CONCERNING HANDLING ASBESTOS IN THE COMMUNITY.

8

6.5                        

MAYOR'S MINUTE 110/2004 - WAIVING OF FEES - EPIPHANY CELEBRATION.

14

 

6.6                        

MAYOR'S MINUTE 111/2004 - ACTIONING OF COUNCIL RESOLUTION ON MASS TRANSIT SYSTEM.

16

 

 

7           General Manager's Reports

 

7.1                        

GENERAL MANAGER'S REPORT 45/2004 - THE INTERNATIONAL AWARDS FOR LIVEABLE COMMUNITIES 2004.

18

 

 

8           Director Asset & Infrastructure Services' Reports

 

8.1                        

ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 100/2004 - PETITION SUBMITTED ON BEHALF OF RESIDENTS PROPOSING CHANGES TO TRAFFIC ARRANGEMENTS IN VILLIERS AND ADDISON STREETS, KENSINGTON.

22

 

8.2                        

ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 101/2004 - RESTORATION OF ROSS JONES POOL, COOGEE.  TENDER NO T02/03.

24

 

8.3                        

ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 102/2004 - STATUS OF BICYCLE FUNDING 2004.

32

 

8.4                        

ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 103/2004 - PRINCE HENRY AT LITTLE BAY - PROPOSED ROAD AND PARK NAMES.

35

 

 

9           Director Governance Management & Information Services' Reports

 

9.1                        

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES' REPORT 42/2004 - PRESENTATION - FINANCIAL REPORTS - YEAR ENDED 30 JUNE, 2004

40

 

9.2                        

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES' REPORT 43/2004 - PRIVACY & PERSONAL INFORMATION PROTECTION ACT - TAPE RECORDING OF COUNCIL MEETINGS & HEALTH RECORDS & INFORMATION PRIVACY ACT - AMENDMENT TO COUNCIL'S PRIVACY MANAGEMENT PLAN.

42

 

9.3                        

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES' REPORT 44/2004 - GO TO YOUR LOCAL LIBRARY CAMPAIGN.

44

 

 

10         Director Planning & Community Development's Reports

 

10.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 102/2004 - 88 BEACH STREET, COOGEE.

46

 

10.2                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 103/2004 - 38 CLIFFBROOK PARADE, CLOVELLY.

71

 

10.3                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 104/2004 - AFFIXING OF THE COUNCIL SEAL.

88

 

10.4                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 105/2004 - DELEGATIONS UNDER THE FOOD ACT 2003.

93

 

10.5                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 106/2004 - APPLICATION TO THE LICENSING COURT OF NSW FOR VARATIONS TO EXISTING HOTELIER'S LICENCE FOR PREMISES SITUATED AT 178 - 182 MARINE PARADE, MAROUBRA KNOWN AS THE MAROUBRA BAY HOTEL.

99

 


 

10.6                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 107/2004 - 308-310 ARDEN STREET AND 3 ALEXANDER STREET, COOGEE.

110

 

10.7                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 108/2004 - 212 ARDEN STREET, COOGEE.

129

 

10.8                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 109/2004 - 161-167 DOLPHIN STREET, COOGEE.

188

 

10.9                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 110/2004 - 2 BUMBORAH POINT ROAD, BOTANY.

237

 

10.10                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 111/2004 - 70-72 PEROUSE ROAD, RANDWICK.

281

 

10.11                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 112/2004 - 16 LENTHALL STREET KENSINGTON.

368

 

10.12                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 113/2004 - 273-275 ANZAC PARADE, KINGSFORD.

456

 

 

11         Petitions

 

12         Motions Pursuant to Notice

 

12.1                        

Notice Of Rescission Motion By Councillors Daley, Andrews, Sullivan, White and Tracey. – Works Committee Meeting, Tuesday, 7th December, 2004 – Item 5.2 - Mayor’s Minute 100/2004 – Expansion Of Greening Randwick Committee

532

12.2

By Councillor Sullivan – New Year’s Eve Fireworks at Coogee Beach

532

12.3

By Councillor Sullivan – Disabled Access Ramp at Clovelly Bay

532

12.4

By Councillor Sullivan – Banners in Randwick City

532

12.5

By Councillor Sullivan – Removal of Graffiti

533

12.6

By Councillor Hughes – Overseas Students’ Programme. 

533

12.7

By Councillor Notley-Smith – Right-of-way 33 Harold Street, Matraville.

533

12.8

By Councillor Notley-Smith – Todman Avenue, Roundabout.

533

 

 

13         Urgent Business

 

14         Confidential Reports

 

15         Committee-of-the-Whole

 

16         Report of Committee-of-the-Whole

 

17         Notice of Rescission Motions

 

……………………………..

GENERAL MANAGER

 


 

MAYOR'S MINUTE 106/2004

 

 

SUBJECT:

WAIVING OF FEES - INDONESIAN WELFARE ASSOCIATION - STREET FAIR  

 

 

DATE:

7 December, 2004

FILE NO:

98/S/2000

 

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

An application has been received from Mr David Widjaja, Vice Chairman, Indonesian Welfare Association to hold an Indonesian Street Festival in Frances Street, Randwick on Saturday, 19th March, 2005, as part of the Harmony Day celebrations.

 

ISSUES:

 

This event is meant to promote and enhance the spirit of harmony among the Australian multicultural society especially in the eastern suburbs and the surrounding communities.  The Indonesian Welfare Association is a non profit organisation based on the idea of helping Indonesian settlers to integrate and become a part of Australian multicultural society.   Mr Widjaja has requested that due to the nature of this event that the appropriate fees be waived:

 

Application Fee                                                $   400.00

Hire of Town Hall                                             $1,650.00

   (includes caretaker’s wages)

Supply & Remove 10 – 240 lt sulo bins            $   495.00

Temporary Food Stalls x 10                             $   490.00

Conducting an Activity on a

   Public Roadway                                            $   330.00

 

                                    TOTAL:                      $3,365.00

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $3,365.00 which will be charged to the Contingency Fund 2004/05.

 

 

 

CONCLUSION:

 

It is considered that the Indonesian Welfare Association is a non-profit organisation and, to assist with the event, the costs be allocated from the 2004/05 Contingency Fund to cover the associated fees. 

 

 

RECOMMENDATION:

 

1.         Council vote $3,365.00 to cover the fees associated with the Indonesian Festival and costs be charged to the Contingency Fund 2004/05;

 

2.         The event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event; and

 

3.         The Mayor or his representative be given the opportunity to address the event on behalf of Council.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 107/2004

 

 

 

SUBJECT:

LIBRARY AND COMMUNITY BUS - WAIVING OF FEES

 

 

DATE:

6 December, 2004

FILE NO:

F2004/08381

 

 

REPORT BY:            MAYOR      

 

 

INTRODUCTION:

 

The Library and Community Bus is available for hire by community groups for use during daylight hours and during the week. Under special circumstances the bus is also able to be hired on weekends. Fees are per half day $66.00 including GST (weekday use) and $93.50 per day (week- day or weekend use).

 

ISSUES:

 

In recent years, Councillor John Procopiadis has booked the Library and Community Bus on behalf of the Castelorizian Ladies Auxiliary to provide transport for a group of young people who will be raising funds for charity and carol singing throughout the City. This year the event will take place during the evening of Friday 17th December (6.00pm -10.00pm), Saturday 18th December (10.00am – 4.00pm) and Monday 20th December (10.00am – 4.00pm). Councillor Procopiadis will be the authorised driver.

 

FINANCIAL IMPACT STATEMENT:

 

The financial impact is that the fee of $302.50 will be waived.

 

CONCLUSION:

 

Councillor Procopiadis is a fully accredited driver and as such can be authorised to use the Library & Community Bus.

 

RECOMMENDATION:

 

That Councillor Procopiadis be nominated as the authorised driver of the bus for the Carol singing arranged by the Castelorizian Ladies Auxiliary on Friday 17th December (4.00pm -10.00pm), Saturday 18th December (10.00am – 4.00pm) and Monday 20th December (10.00pm – 5.00pm) and that fees totalling $302.50 be waived on this occasion. The refundable deposit for weekend use of $250 is to be paid.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 

 


 

MAYOR'S MINUTE 108/2004

 

 

 

SUBJECT:

Matraville Families First Fun Day Waiving of Fees

 

 

DATE:

8 December, 2004

FILE NO:

F2004/07668

 

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

Correspondence has been received from Families First Project Officer with the University of New South Wales, requesting that Council waive the fees for a Family Fun Day event.

 

 

ISSUES:

 

The Matraville Family Fun Day is planned to be held on Friday the 28th of January, 2004 at Matraville Memorial Park from 2.30pm – 6pm. The event aims to target children and families living in and around Matraville and surrounding areas.

 

The Matraville Family Fun Day is a Families First, NSW Department of Community Services initiative auspiced by the University of NSW.  The Families First Project focuses on developing the capacity of the community to build family cohesion using a preventative approach to family support. The areas in Randwick City being targeted by the Project include Malabar, Maroubra, Matraville and South Coogee.

 

The overall aim of the Matraville Family Fun Day is to:

 

·    Provide a fun community event for children and families living in the Matraville and surrounding areas;

·    Provide an opportunity for local families to connect with service providers and receive information on local services;

·    Engage with local families in order to gain a better understanding of their issues and inform Government planning for future programs aimed at addressing their needs.

 

Council has been invited to enter into a partnership arrangement in conjunction with the University of NSW, with a view of Council co-organising the event. The partnership would involve the provision of in-kind support from Council Officers, assisting with publicity and event coordination. This assistance may be made available through Council’s Community Development section. The Partnership would also involve the waiving of Council fees associated with the event. The proposed fees are as follows:

 

Administration Fee                                $130

Food Stall Registration              $80

Garbage Supply & Removal                 $198

Total               $408

 

 

FINANCIAL IMPACT STATEMENT:

 

In the event that Council accepts the report recommendations, the direct financial implication to Council will be $408 for the waiving of fees. Currently there are sufficient funds in the 2004/05 budget Contingency Fund to cover this contribution. The in kind support associated with the partnership arrangement will be provided by Officers within Council’s Community Development section.

 

 

CONCLUSION:

 

Given the nature of the proposed Family Fun Day event, it is considered appropriate for Council to support the Families First initiative by entering into a partnership arrangement and waiving the fees associated with the event as requested.

 

All publicity relating to the Family Fun Day must acknowledge Randwick City Council’s contribution by displaying Council’s logo.

 

 

RECOMMENDATION:

 

That:-

 

1.   Council agree to enter into a partnership arrangement to support the coordination and staging of the Matraville Family Fun Day.

2.   Council vote $408 to cover the fees associated with the event and funds be allocated from the 2004/05 Contingency budget.

3.   All publicity relating to the Family Fun Day must acknowledge Council’s contribution by displaying the logo.

4.   The Mayor or his representative shall be given the opportunity to address the event on behalf of Council.

 

ATTACHMENT/S:

 

Nil

 

………………………………

 

MURRAY MATSON

 

MAYOR

 


 

MAYOR'S MINUTE 109/2004

 

 

 

SUBJECT:

Proposal by Australian Manufacturing Workers Union concerning Handling Asbestos in the Community

 

 

DATE:

6 December 2004

FILE NO:

F2004/07462

 

 

REPORT BY:            MAYOR 

 

 

BACKGROUND:

 

Following the recent findings of the James Hardie Inquiry, concerns have been raised regarding the previous use of asbestos based products and associated health impacts on the community.

 

In response to public and employee concerns, the Australian Manufacturing Workers Union (AMWU) has launched a campaign calling for the introduction of ‘Asbestos Safety Certificates’ to be issued as a part of the conveyancing and development application processes.

 

ISSUES:

 

Details:

 

The AMWU has requested Council support the proposed Asbestos Safety Certificate regime and an associated education program detailed in the attached letter dated 12 October 2004.

 

In summary, the proposed inspection and certification program encompasses the inspection of an existing building by a suitably skilled practitioner to determine if the building contains any asbestos products and to issue an Asbestos Safety Certificate (ASC) accordingly.  The ASC would note if any asbestos products are present and their location, together with statements regarding the present danger if any arising from the asbestos products.

 

The AMWU proposes that such an ASC would be a mandatory requirement prior to the sale of any building in NSW and prior to the issuing of a construction certificate or occupation certificate in relation to building works.

 

Public Education:

 

The AMWU has also recommended that the NSW Government produce a booklet on asbestos and the potential dangers associated with asbestos containing products.  This booklet would be made available to the public free of charge and distributed through building supply and hardware stores.

 

The development of a state wide education program is supported, which may be enhanced by Council's public information and regulatory services.

 

FINANCIAL IMPACT STATEMENT:

 

If the recommendation is adopted in its current form, there will be no financial impact for this matter as arrangements can be managed within existing resources.

 

CONCLUSION:

 

The previous use of asbestos products in buildings has resulted in serious concerns relating to the health of the community and those associated with the occupation and re-development of buildings containing asbestos.

 

Therefore, I asked the relevant Council Officers to review the suggestion put forward by  the AMWU.  The attached report by the Director of Planning & Community Development details the issues raised and suggests a number of actions.

 

RECOMMENDATION:

 

That

 

a.       Council express its in principle support of the objectives outlined in the AMWU proposal;

 

b.       Council support the AMWU’s request for the development and implementation of a state wide Asbestos Awareness Education Program by the NSW Government and that Council write to the relevant Minister and Premier accordingly; and

 

c.       Council request SSROC to give detailed consideration to the proposed Asbestos Safety Certificate (ASC) regime and, if appropriate, to make representations to the relevant Minister/s to consider the implementation of such a statutory ASC regime in the Conveyancing Act & Environmental Planning & Assessment Act.

 

ATTACHMENTS:

 

Director of P&CD report No. O041206-DPE-1165 dated 6 December 2004

Letter and Proposal from AMWU - UNDER SEPARATE COVER   

 

 

 

.....................................

MURRAY MATSON

MAYOR


 

Director Planning & Community Development's Report 

 

 

SUBJECT:

Proposal by Australian Manufacturing Workers Union concerning Handling Asbestos in the Community

 

 

DATE:

6 December 2004

FILE NO:

F2004/07462

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

The recent findings of the James Hardie Inquiry, have generated concerns regarding the previous use of asbestos based products and associated health impacts on the community.

 

Asbestos as a product was heavily used within the community between 1950’s to 1970’s with phasing out occurring by 1987.

 

In response to public and employee concerns, The Australian Manufacturing Workers Union (AMWU) has launched a campaign calling for the introduction of ‘Asbestos Safety Certificates’ to be issued as a part of the conveyancing and development application processes.

 

ISSUES:

 

Details:

 

The AMWU has requested Council support for the proposed Asbestos Safety Certificate regime and an associated education program detailed in the attached letter dated 12 October 2004.

 

In summary, the proposed inspection and certification program encompasses the inspection of an existing building by a suitably skilled practitioner to determine if the building contains any asbestos products and to issue an Asbestos Safety Certificate (ASC) accordingly.  The ASC would note if any asbestos products are present and their location, together with statements regarding the present danger if any arising from the asbestos products.

 

The AMWU proposes that such an ASC would be a mandatory requirement prior to the sale of any building in NSW and prior to the issuing of a construction certificate or occupation certificate in relation to building works.

 

In relation to current practices regarding the handling of asbestos and the proposal put forward by the AMWU, the following comments are provided:

 

Council officers currently utilise standard development consent conditions which require the applicant and their contractors to handle and dispose of any asbestos products in accordance with relevant WorkCover Authority and EPA/DEC requirements.  A number of more detailed conditions are imposed on DAs relating to contaminated sites and remediation, to ensure that all relevant legislative and Occupational Health & Safety requirements are satisfied and to ensure that the process does not have any detrimental impact upon the health of the community.

 

Currently the identification and removal of asbestos falls under the jurisdiction of WorkCover authority and is covered under the provisions of Occupational Health & Safety Regulations 2001.

 

Customer requests and enquiries in relation to the handling of asbestos are currently dealt with by Council Environmental Health & Building officers visiting subject sites and liaising with WorkCover as to the suitability of the asbestos handling practices on-site.  The current method of investigating and responding to asbestos enquiries by Randwick City Council is consistent with neighbouring local authorities.

 

To further enhance local knowledge of asbestos products and issues in the community, Environmental Health & Building Services is currently liaising with the Asbestos Diseases Foundation to develop an Asbestos Fact Sheet which can be made available to the public, applicants and developers.

 

The development of a state wide community awareness and education program as suggested by the AMWU, is fully supported and, in principle, the possible introduction of an asbestos identification and certification regime should be considered favourably.  A centralised state wide approach to this issue is considered to be most effective rather than the implementation of individual Council certification programs.  This would provide for a consistent, professional and mandatory accredited inspection and certification process to be implemented throughout NSW.  Localised programs whilst having positive intentions would not achieve these objectives and may also raise potential liability and enforcement concerns for Council.

 

The implementation of a statutory inspection and certification regime would however need to be supported by relevant legislative amendments to the Conveyancing Act and the Environmental Planning & Assessment Act.

 

The construction team of WorkCover should also be consulted to seek their comments and participation in such a proposal.

 

The Asbestos Safety Certificate (ASC) inspection and certification regime would however require detailed consideration of a number of key issues prior to the implementation of such a program, including:

 

·          Development of appropriately recognised training and accreditation programs for Asbestos Inspectors.

·          Consideration of conflict of interest of Asbestos Inspectors and Asbestos Removal Contractors.

·          Public Liability Insurance cover including possible ‘run-off’ cover for Asbestos Inspectors.

·          Cost of inspections and certificates to the community and DA applicants.

·          Availability and ability of Asbestos Inspectors to meet the expected demand by the community and DA applicants.

·          Identification of types of development and DAs to be subject to the ASC provisions.

·          Identification of proposed courses of action, processes and requirements upon identification of asbestos products and risks identified in the inspection and certification process.

·          The role of WorkCover, Council, the Certifying Authority and the Principal Certifying Authority in the ASC process.

·          Reliance upon the ASC and liability implications, if any, when relied upon by other parties.

·          Impact upon the development approvals and certification process.

 

The above matters should be taken into consideration prior to the implementation of an appropriate Asbestos Safety Certificate regime and Environmental Health & Building Services officers would be happy to assist with relevant Authorities in relation to the possible development of such a statutory certification regime.

 

Public Education:

 

The AMWU has also recommended that the NSW Government produce a booklet on asbestos and the potential dangers associated with asbestos containing products.  This booklet would be made available to the public free of charge and distributed through building supply and hardware stores.

 

The development of a state wide education program is supported, which may be enhanced by any current local education programs and public information.

 

FINANCIAL IMPACT STATEMENT:

 

If the recommendation is adopted in its current form, there will be no financial impact for this matter as arrangements can be managed within existing resources.

 

CONCLUSION:

 

The previous use of asbestos products in buildings has resulted in serious concerns relating to the health of the community and those associated with the occupation and re-development of buildings containing asbestos.

 

The proposal put forward by the AMWU is supported, in principle, to better educate all parties on the use and possible risks associated with asbestos products and to implement appropriate practices to ensure the identification and safe removal of the asbestos products when buildings are demolished or substantially altered.

 

RECOMMENDATION:

 

a.       That Council express its in principle support of the objectives outlined in the AMWU proposal;

 

b.       That Council support the AMWU’s request for the development and implementation of a state wide Asbestos Awareness Education Program by the NSW Government and that council write to the relevant Minister and Premier accordingly; and

 

c.       That Council request SSROC to give detailed consideration to the proposed Asbestos Safety Certificate (ASC) regime and, if appropriate, to make representations to the relevant Minister/s to consider the implementation of such a statutory ASC regime in the Conveyancing Act & Environmental Planning & Assessment Act.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

SIMA TRUUVERT

ROMAN WERESZCZYNSKI

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

MANAGER ENVIRONMENTAL HEALTH & BUILDING SERVICES

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 110/2004

 

 

 

SUBJECT:

WAIVING OF FEES - EPIPHANY CELEBRATION

 

 

DATE:

6 December, 2004

FILE NO:

98/S/1393

 

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

An application has been received from Bishop Seraphim of the Greek Orthodox Archdiocese of Australia seeking the waiving of fees to celebrate the annual Epiphany Festival at Yarra Bay Bicentennial Park on Sunday, 9th January 2005 from 9:00 am until 5:00 pm.

 

ISSUES:

 

The Annual Epiphany Service is one of the most important events on the Greek Orthodox calendar and it is anticipated that it will be widely attended.  A religious service will be conducted on this day by His Eminence Archbishop Stylianos of the Greek Orthodox Church of Australia and after the service there will be a day of traditional Greek festivities.

 

The fees associated with this event are as follows:

 

Administration Fee                                                                                $   550.00

Yarra Bay Beach Full Day Fee                                                 $   247.50

Supply and remove additional bins (based on 8 by 240L bins)   $   396.00

Application for registration of temporary food stalls x 12                        $   580.00

Lifeguard x 8 hours                                                                               $   642.40

 

                                                                        TOTAL:                      $ 2,415.90

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $2,415.90 and currently there are sufficient funds in the Contingency Fund 2004/05 to cover this contribution. 

 

 

 

 

CONCLUSION:

 

Given that this is a religious community event it would be consistent with similar community events for Council to support the waiving of fees.

 

RECOMMENDATION:

 

That:-

 

1.   Council vote $1,773.50 to cover the fees associated with the event and funds be allocated from the Contingency Fund 2004/05.

 

2.   The event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event.

 

3.   The Mayor or the Mayor’s representative shall be given the opportunity to address the event on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 111/2004

 

 

 

SUBJECT:

Actioning of Council Resolution on Mass Transit System.

 

 

DATE:

10 December, 2004

FILE NO:

F2004/06574

 

 

 

REPORT BY:            MAYOR  

 

 

BACKGROUND:

 

At the Works Committee Meeting held on 7th December, 2004 it was resolved:

 

That, in noting the Mayor's participation in the Lord Mayor of Sydney's recent meeting on her Mass Transit Solutions for Inner Sydney:

 

a)                  Council will, in conjunction with other Councils, seek  to support and promote:

 

i)                        The idea of an integrated light rail network for the inner suburbs of Sydney built on an expanded light rail system servicing the Sydney CBD, as an essential first step in establishing such a network; and

 

ii)                      The establishment of a working group of Mayors (or representatives) and technical staff to blend individual Council’s existing light rail options or strategies into a coherent Local Government proposal for such an integrated network;

 

b)             Invite members of parliament such as Peter Garrett, Peter Debnam, Malcolm Turnbull, Paul Pearce & Kristina Keneally to promote the concept;

 

c)             Invite Lord Mayor Clover Moore’s technical consultant, Mr Garry Glazebrook to present a briefing to a future Council meeting on the Lord Mayor’s preferred options for a mass transit system for inner Sydney; and

 

d)      That the Lord Mayor of Sydney be notified accordingly.

 

ISSUES:

 

Mr Garry Glazebrook will address Council at the start of the meeting of the 14th December 2004 in order to allow the actioning of part (c) of this resolution.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

RECOMMENDATION:

 

That the information concerning the actioning of part (c) of the Works Committee’s resolution of Tuesday 7th December 2004, in regards to a Mass Transit System, be received and noted.

 

 

ATTACHMENT/S:

 

Nil

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 

 

 

 

 

 


 

GENERAL MANAGER'S REPORT 45/2004

 

 

SUBJECT:

The International Awards for Liveable Communities 2004

 

 

DATE:

14 December 2004

FILE NO:

F2004/07729

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT      

 

INTRODUCTION:

 

Randwick Council was recently awarded a prestigious Silver Commendation in the 2004 International Awards for Liveable Communities. The LivCom competition recognises the innovative efforts of organisations towards enhancing the liveability of their respective area for the benefit of the community, visitors, and future generations alike. The awards were launched in 1997 under the name of Nations in Bloom, and are endorsed by the United Nations Environment Program, and supported by numerous government and non-government organisations worldwide.

 

Randwick City Council achieved finalist status after submitting a written submission for the competition, and was invited to compete for a place via a presentation at the LivCom 2004 Conference in Canada. Council accepted the invitation and delivered a presentation that was based on an address of the 5 official categories, and assessed by an esteemed panel of judges. The 5 key categories included:

 

·    Enhancement of the Landscape

·    Heritage Management

·    Environmentally Sensitive Practices

·    Community Involvement, and

·    Planning for the Future

 

BACKGROUND:

 

The competition amongst the finalists was very strong. There were 48 finalists from a total of 20 countries. Randwick was in category C (population 75,001-200,000), and competed directly against 9 other finalists. There were 4 other population categories.

 

Council’s presentation was delivered by representatives from Council’s Strategic Planning team, namely Monica Cologna (Senior Environmental Planning Officer) and Anne Warner (Sustainability Officer). The presentation provided an excellent opportunity to showcase many of Council’s recent initiatives in each of the 5 categories, which will be outlined in a presentation to Council that will accompany this report.

Apart from highlighting many of Council’s major achievements to date, the conference also provided an excellent platform for the exchange of ideas and experiences in response to many of the challenges faced by local government. The opportunity for this type of networking has been particularly timely given the current development of the 20 year ‘Randwick City Plan’, and the ‘Sustaining Our City’ program.

 

FINANCIAL IMPACT STATEMENT:

 

The preparation of the Award submission and presentation were undertaken in-house, using Strategic Planning staff resources and input from other teams in Council. Participation in the actual 5 day conference was free for Council’s delegation given their status as finalists in the competition. Council contributed approximately $2,600 in total towards the staff’s accommodation.

          

CONCLUSION:

 

Through the 2004 Liveable Communities Awards Randwick City Council has received recognition on an international scale for many innovative programs delivered by Council to date. Attached is an article from the Australian Government News publication (November 2004) outlining the success of Australian Councils, including Randwick, in this international arena.

 

The feedback from the judges particularly acknowledged Council’s commitment to planning for the future via development of The Randwick City Plan, and the Sustaining Our City program.

 

Council’s Silver Commendation in LivCom 2004 is testament to the innovative leadership across the organisation, the work of all sections within Council, as well as partnerships with the community. In the accompanying presentation to this report staff will highlight the Council projects that were showcased during the LivCom presentation, and also convey the broader and on-going benefits to Council of the LivCom 2004 experience. 

 

RECOMMENDATION:

 

That:

 

1) Council note the significant achievement of a Silver Commendation in the 2004 International Awards for Liveable Communities.

 

2) The relevant staff members from the Strategic Planning team deliver the Randwick City Council 2004 Liveable Communities presentation to Council.

 

ATTACHMENT/S:

 

1. Article from Government News November 2004 (vol 24, issue 10)

 

 

 

 

 

 

 

 

..............................................

GENERAL MANAGER



 

Acting Director Asset & Infrastructure Services' Report 100/2004

 

 

SUBJECT:

PETITION SUBMITTED ON BEHALF OF RESIDENTS PROPOSING CHANGES TO TRAFFIC ARRANGEMENTS IN VILLIERS AND ADDISON STREETS, KENSINGTON

 

 

DATE:

7 December, 2004

FILE NO:

98/S/1173 xr R/0745/01/02-01

 

 

REPORT BY:            ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES   

 

INTRODUCTION:

 

Council at its meeting held on 24 August, 2004, resolved that –

 

“the petition be referred to the appropriate Committee and or the Councillors’ Bulletin with a report from the relevant officer”.

 

As part of the petition, the residents indicate that -

 

·    speeding drivers down Villiers Street create a serious safety problem; and

·    parking is unavailable to Villiers Street residents.

 

The residents also believe that -

 

·    making a clearway in Anzac Parade from Addison Street to Todman Avenue from 3.30pm to 6.30pm will help free up traffic;

·    making Villiers Street one-way only from Todman Avenue (remove the right- hand turn in from Addison Street) will stop vehicles racing down the street in a dangerous manner in order to by-pass traffic lights at Anzac Parade; and

·    making Villiers Street a one-way street with angle parking down one side will enable extra parking for residents and the business community.

 

ISSUES:

 

Residents have requested the introduction of “CLEARWAY 3.30pm-6.30pm” restriction on the western side of Anzac Parade, between Addison Street and Todman Avenue.  This matter has been referred to the RTA and it is anticipated that the RTA will advise their views at the next Randwick Traffic Committee meeting to be held 14 December 2004.  The issue of angle parking in Villiers Street will also be referred to the Traffic Committee meeting of 14 December, 2004.

 

Both Villiers Street and Addison Street are short lengths of road where any traffic calming measures will have little impact.  Northbound vehicles on Anzac Parade turning left into Addison Street travel approximately 100 metres before turning right into Villiers Street, and then travel a further 170 metres before having to give way to westbound vehicles on Todman Avenue.  This movement involves vehicles travelling along relatively short lengths of road in which it is difficult to reach high vehicle speeds.  Further, a large triangular concrete island presently exists in Addison Street, immediately west of Anzac Parade, which acts as a deterrent.

 

FINANCIAL IMPACT STATEMENT:

 

Should Council adopt the recommendation on this report, there is no direct financial impact for this matter.

 

CONCLUSION:

 

Accordingly, provision of traffic calming measures within either of these streets is not considered warranted and such measures will not be of significant benefit in terms of either road safety or the local residential amenity. Further there is currently no funding allocation in the current budget for traffic facility works in this area. 

 

The matters which are being referred to the December Traffic Committee Meeting will be included in the agenda and minutes of the meeting for the information of all Councillors.

 

RECOMMENDATION:

 

That

 

a)   the provision for traffic calming measures in Villiers and Addison Streets, Kensington, be not supported as they are not considered warranted due to the nature of these streets;     

b)   it be noted that the requested “clearway” restrictions in Anzac Parade and the angle parking in Villiers Street have been referred to the December Traffic Committee Meeting; and

c)   the head petitioners be advised of the recommendations of the Traffic Committee.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

TIM MCMCARTHY

KEN KANAGARAJAN

ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES

SENIOR TRAFFIC ENGINEER


 

Acting Director Asset & Infrastructure Services' Report 101/2004

 

 

SUBJECT:

RESTORATION OF ROSS JONES POOL, COOGEE.  TENDER NO T02/03.

 

 

DATE:

8 December, 2004

FILE NO:

F2004/08132

 

 

 

REPORT BY:            ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES   

 

 

INTRODUCTION:

 

Randwick City Council identified the restoration of Ross Jones Memorial Pool, Coogee Beach in the 2004-2005 Capital Works budget. Council has allocated $110,000 for the completion of this project.

 

The Pool is located at the southern end of Coogee Beach; it is in a significant state of disrepair. It consists of two pools (main and wading) both of which are upgraded under this tender.

 

Competitive Process

 

The Tender for the Lump Sum Tender Price for restoration works at the Ross Jones Memorial Pool was advertised from Tuesday 28th September 2004 and closed on 19th October 2004.  The tender was advertised in the newspaper and on the Internet over three weeks.

 

A pre-tender briefing session was held at Ross Jones Memorial Pool, on 7 October 2004 at 11.00 am.  Attendance at this meeting was mandatory. Eight (8) representatives from various companies registered at the mandatory pre-tender briefing session. Four (4) requests for Tender documentation were received. At the close of tenders (10 a.m. on Tuesday 19th October 2004), two tenders were received.

 

ISSUES:

 

EVALUATION METHODOLOGY

 

Tenders were evaluated strictly in accordance with Council’s Purchasing Policy and Procedures, the approved Evaluation Plan, and in compliance with the provisions of the Local Government Act 1993 and Tendering Regulation 1999.

 

EVALUATION PLAN

 

A Tender Evaluation Plan was developed and approved by the Manager of Contracts & Purchasing prior to the close of tenders. Tenders were evaluated on the best value for money methodology.

 

EVALUATION COMMITTEE

In the Evaluation Plan the roles and responsibilities of the Evaluation Committee members are summarized in the following table:

 

Members Name

Position Title

Council Department

Specific Responsibilities

Alicja Batorowicz

Landscape Architect

Asset & Infrastructure Services

Create tender documents and evaluation plan, and evaluate tender submissions.

Don Mann

Supply Coordinator

Governance Management & Information Services

Evaluate tender submissions.

Brian Jacobs

Project Manager

Asset & Infrastructure Services

Evaluate tender submissions. Tender reference check.

 

Zaman Shamsuz

Waste Project Officer

Asset & Infrastructure Services

Evaluate tender submissions.

 

EVALUATION CRITERIA AND WEIGHTINGS

 

The evaluation criteria were issued in the tender document, and are as follows:

 

The mandatory criteria are:

 

a)   Experience in fulfilling the requirements of similar contract(s).

b)   Capacity to fulfill the requirements of this tender.

c)   Attendance at Site Inspection Meeting.

 

The desirable criteria are:

 

d)   Price

e)   Time period to complete the Work.

f)    Financial capacity to carry out the Work.

g)   Experience and ability to complete Work.

h)   Compliance with the Specification.

i)    Quality Management System of the Tenderer.

j)    Occupational Health and Safety.

k)   References.

l)    Work methodology.

A detailed breakdown of the evaluation criteria and weightings is outlined in Attachment A. 

 

QUALITATIVE SCORING OF TENDERS

The Tenders were evaluated by the Evaluation Committee against each evaluation criteria outlined in the Tender Evaluation Plan to determine a quality score. The Evaluation Committee evaluated both tenders in a fair and ethical manner.

 

The accumulated scores were calculated by applying the raw scores to each weighted criteria (refer Attachment A – Evaluation Criteria and Weightings) to produce the accumulated qualitative score.

 

LUMP SUM AMOUNT OFFERED

Each Tenderer submitted a lump sum offer in the Tender submission. The lump sum offered was used to calculate a cost index.

 

TENDER ASSESSMENT

 

TENDERS RECEIVED

 

Tenders were received from the following companies:

1.   Waterway Constructions

2.   Metropolitan Restorations

 

LATE TENDERS

 

No late tenders were received.

 

NON-CONFORMING TENDERS

 

No non-conforming tenders were received. 

 

CONFORMING TENDERS

 

Two (2) conforming tenders proceeded to a detailed evaluation.

 

QUALITATIVE SCORING OF TENDERS

 

Each evaluation committee member assessed the submissions; the scores of each panel member demonstrated the same relativity between contractors.  That is, each evaluator arrived at the same conclusion as to the order of competitiveness of the submissions.

 

The Committee sought external advice on specialist engineering issues during the tender evaluation process. This was provided by Patterson Britton & Partners. This company was the designer of the restoration works.

 

 

REFERENCE CHECKS

Three detailed reference checks were carried for each tenderer to verify the information supplied in the Tender. The Evaluation Committee representative undertaking the reference checks asked a series of questions relating to the tenderers’ capacity to perform the works.

 

Both contractors received excellent references. Referees for Waterway Constructions indicated that the Ross Jones Pool works would be commensurate with their “core” contract works.

 

Although Metropolitan Restorations have minimal marine experience all clients contacted advised that they are an excellent contractor with impeccable quality systems in place.  An additional reference check on Metropolitan Restorations was made to Wollongong Council where the company has recently completed a “sea-wall’ restoration at a beach in the Wollongong area (approximate contract value $200,000).  This check confirmed that Metropolitan Restorations are an excellent contractor and capable of carrying out this project.

 

From the referees provided both Waterway Constructions & Metropolitan Restorations were assessed as suitable contractors to perform the restoration work.

 

OUTCOME OF QUALITATIVE SCORING

The accumulated qualitative scores of both tenders are in order of merit and are set out in the Table below. In the qualitative assessment the highest score infers the highest qualitative assessment as evidenced by the Tender submission and referee checks.

 

A précis of the Tenderers is included in Attachment B.

 

 

Tenderer

Quality Score (%)

1

Metropolitan Restorations

75.5%

2

Waterway Constructions

61.75%

 

 

LUMP SUM PRICE OFFERED

The Table below sets out the lump sum prices (excl GST) offered by Tenderers in apparent order of cost. In the cost index assessment the lowest index infers the best price. It also calculates the relevant cost index that is used for the ‘value for money” computation:

 

 

Tenderer

Tender Price (excluding GST)

Cost Index

1

Waterway Constructions

$416,170.00

1.2

2

Metropolitan Restorations

$339,100.00

1

 

 

VALUE FOR MONEY SCORE

The calculated value for money scores are set out in the Table below. These scores rank the Tenderers in order of value for money when quality and price have been taken into account. The higher the score the greater “value for money”.

 

 

Tenderers

Quality Score

Cost Index

Value for Money Score

1

Metropolitan Restorations

75.5%

1

75.5

2

Waterway Constructions

61.75%

1.2

50.31

 

Evaluation of Tenders against the specified evaluation criteria indicates that Metropolitan Restorations has submitted a tender representing the best “value for money” to Council.  Both tenderers were assessed as capable of completing the project to a high standard at a reasonable cost.

 

FINANCIAL IMPACT STATEMENT:

 

The funding required for this project is as follows:

Construction costs

$339 100

Construction contingency (10%)

$  33 900

Project management services

$  20 000

Consultancy fees

$    6 000

TOTAL

$399 000 (excl. GST)

 

Current funds available in the 2004-2005 Capital Works budget are $104 000. Therefore additional funds in the amount of $ 295 000 are required to undertake the project. These funds will be allocated from identified savings in the current Capital Works Budget.

 

CONCLUSION:

 

The Evaluation Committee’s final assessment therefore concludes that Metropolitan Restorations should be awarded the Tender for the restoration works at Ross Jones Memorial Pool for both the main and wading pools, at Coogee , under Tender T02/03 for the total amount of $339,100 (GST excl.)

 

An additional amount of $295,000 will need to be allocated to this project and funded from identified savings in the 2004/05 Capital Works Budget.

 

Tender Evaluation Committee endorses the following recommendation.

 

 

________________                            _________________

Alicja Batorowicz                                 Don Mann

 

________________                            _________________

Brian Jacobs                                         Zaman Shamsuz

 

RECOMMENDATION:

 

That:

 

a)   The tender submitted by Metropolitan Restorations for the lump sum amount of $339,100 (GST excl) for Tender No T02/03 – Restoration of Ross Jones Pool, Coogee be accepted.

 

b)   An additional $295,000 be allocated to this project and that this is funded from identified savings in the 2004-2005 Capital Works Budget.

 

c)   Authority be granted for the General Manager, in conjunction with the Mayor, to sign and affix the Council Seal to a contract with Metropolitan Restorations for Tender No. T02/03 – Restoration of Ross Jones Memorial Pool, Coogee.

 

d)   The unsuccessful tenderer be notified of the Tender result.

 

 

 

ATTACHMENT/S:

 

Evaluation Criteria and Weightings

Tender Precis Précis  

 

 

 

 

 

 

 

………………………………

TIM MCCARTHY

ALICJA BATOROWICZ

A/DIRECTOR ASSET & INFRASTRUCTURE SERVICES

LANDSCAPE ARCHITECT

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT A - EVALUATION CRITERIA AND WEIGHTINGS

 

Evaluation Criteria

Tender Questions

Total Weight

STAGE 1 – MANDATORY CRITERIA

 

 

Experience in fulfilling the requirements of similar contract(s)

 

All criteria must be met

Capacity to fulfil the requirements of this tender

 

All criteria must be met

Attendance at site meeting

 

All criteria must be met

STAGE 2 – DESIRABLE CRITERIA

 

 

 

Tender Question

Sub total % of each group of related criteria

Time period to complete the Work

 

 

          Evaluation of the Quoters program for the work

13

10%

          Date of Practical Completion offered

2

5%

Financial capacity to carry out the Work

12

5%

Experience and ability to complete Work

 

10%

Does the Tenderer employ sufficient human       resources to undertake the works

15 and 17

 

Compliance with the Specification

 

 

           Compliance with the specification

13 and 14

5%

           Insurance

18

10%

Work Methodology

 

 

           Evaluation of responses to Tender Questionnaire

22

5%

           Evaluation of works protection

23 (1)

5%

           Evaluation of concrete rendering method

23 (2)

5%

           Evaluation of concrete removal methods

23 (3)

5%

Compliance with Local Government procurement policy

 

 

a)     Occupational Health and Safety

20

5%

b)    Quality Assurance

19

5%

c)     Environmental

21

10%

STAGE 3

 

 

Referee Checks

16

15%

 

 

 

TOTAL

 

100%

 


 

ATTACHMENT B - TENDERER PRECIS

 

WATERWAY CONSTRUCTIONS

 

Waterway Constructions advised that they comply with the requirements of the Tender. They have provided policy numbers for all required insurances.

 

The company has indicated that they propose a 13 weeks construction programme and indicated that the best time to complete the work would be between 17th February 2005 and 16th May 2005.

 

The company did omit to provide some tender schedules and therefore scored low in some areas. For example the Company has not submitted any information in relation to the work methodology.

 

They received good references.

 

This company scored less than Metropolitan Restorations in the Quality Score. The lump sum tender price offered by Waterway Constructions was $77 070 higher than that offered by Metropolitan Restorations. As a consequence they offer Council less “value for money” than Metropolitan Restorations.

 

 

METROPOLITAN RESTORATIONS 

 

Metropolitan Restorations advised that they comply with the requirements of the Tender. They have details of all required insurances.

 

The company has proposed a construction programme of 12 weeks. The company is flexible with regard to commencement date and is willing to discuss the preferred commencement date with Council.

 

The company appears to be appropriately financially based and provided assets and financial banking details. The company appears to have appropriate Environmental, Quality and OH&S systems in place. This is further evidenced by the fact that Sydney Water and NSW Department of Commerce accredit the company’s quality system.

 

The Company has submitted information in relation to the work methodology including works protection, concrete rendering method and concrete removal method.

 

The Evaluation Committee has found the itemised costs provided by Metropolitan Restorations to be very accurate and realistic to actual costs. The Evaluation Committee believes that a more accurate costing will minimise variations during construction works.

 

Metropolitan Restorations submitted a very thorough, high quality and comprehensive submission overall compared to Waterway Constructions whose submission lacked additional and accurate information in some cases.


 

Acting Director Asset & Infrastructure Services' Report 102/2004

 

 

SUBJECT:

STATUS OF BICYCLE FUNDING 2004

 

 

DATE:

3 December, 2004

FILE NO:

F2004/06616

 

 

REPORT BY:            ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES   

 

 

INTRODUCTION:

 

At the Works Committee Meeting held 9 November 2004, it was resolved that:

 

(a)        Council initiate detailed project design for the implementation of selected items of the Randwick Bicycle Plan for submission and approval by the RTA; and

 

(b)        upon confirmation of $50,000 funding for the Randwick Bicycle Plan project by the RTA, Council provide a matching contribution from the Financial Reserve.

 

ISSUES:

 

Initial project design has been undertaken to satisfy the cycle funding approval requirements of the RTA. Consequently, Council has received confirmation of a $50,000 contribution to cycle works in the Randwick Council area.  This requires a matching contribution of $50,000 from Council.

 

The list of proposed projects is detailed below. 

 

PROJECT DETAIL

Cycle Parking Location 1

Location: Clovelly Bay - In front of existing disabled parking in car park adjacent to the Clovelly Surf Club

Description: Provision of 7 x 316 Grade Stainless Steel Cycle Parking Poles (Inverted U Shape). Wheel stops to be provided to existing disabled parking which will be moved south to create area for cycle parking. Line marking and disabled logo extensions required. Cycle Parking Signage.

Cycle Parking Location 2

Location: Coogee Beach North – In paved recess area east of pavilion.

Description: Provision of 7 x 316 Grade Stainless Steel Cycle Parking Poles (Inverted U Shape). Concrete footings and re-instatement of pavers. Cycle Parking Signage.

Cycle Parking Location 3

Location: Coogee Beach – In Arden Street at the end of Coogee Bay Road adjacent walkway to beach.

Description: Provision of 5 x 316 Grade Stainless Steel Cycle Parking Poles (Inverted U Shape). Concrete footings and new paved area on existing grassed area. Cycle Parking Signage.

Cycle Parking Location 4

Location: Coogee Beach South – In Carr Street near Kurrawa Avenue in footway area.

Description: Provision of 3 x 316 Grade Stainless Steel Cycle Parking Poles (Inverted U Shape). Concrete footings and re-instatement of pavers. Cycle Parking Signage.

Cycle Parking Location 5

Location: Maroubra Beach – In Marine Parade opposite McKeon Street adjacent 90 degree parking area.

Description: Provision of 5 x 316 Grade Stainless Steel Cycle Parking Poles (Inverted U Shape). Core existing concrete. Cycle Parking Signage.

Cycle Parking Location 6

Location: Maroubra Beach South– In front of wall at southern end of Beach building near Council Beach Inspectors Office.

Description: Provision of 8 x 316 Grade Stainless Steel Cycle Parking Poles (Inverted U Shape). Concrete footings and re-instatement of pavers. Cycle Parking Signage.

Cycle Parking Location 7

Location: Bowen Library, Anzac Parade Maroubra.

Description: Provision of 5 x 316 Grade Stainless Steel Cycle Parking Poles (Inverted U Shape). Concrete footings and re-instatement of pavers. Cycle Parking Signage.

Cycle Parking Location 8

Location: Des Renford Pool Car Park, Maroubra, adjacent tree blister.

Description: Provision of 5 x 316 Grade Stainless Steel Cycle Parking Poles (Inverted U Shape). Concrete footings and kerb or barrier protection. Cycle Parking Signage.

Line Marking and Signage Houston Road

Description: Provision of on-road cycleway between Day Avenue and Gardeners Road, as approved by Randwick Traffic Committee.

Line Marking Alison Road

Description: Provision of line marking, logos and signage to existing off road shared cycleway linking regional route at Doncaster Avenue to Darley Road. Approx 450 metres.

Line Marking Darley Road

Description: Provision of line marking and logos to existing off road shared cycleway along Darley Road from Alison Road to Avoca Street. Approx 1300 metres.

 

 

 

FINANCIAL IMPACT STATEMENT:

 

As detailed in the resolution of the Works Committee Meeting held 9 November 2004, it is proposed that Council provide a matching $50,000 contribution from 2004-2005 bicycle works money previously transferred to the Financial Reserve.

 

CONCLUSION:

 

Council has received confirmation of $50,000 funding for the Randwick Bicycle Plan project from the RTA. It is recommended that Council accept the funding and provide a matching contribution from the Financial Reserve, to undertake the proposed cycle parking, signage and linemarking.

 

RECOMMENDATION:

 

That Council accept the $50,000 funding for the Randwick Bicycle Plan project from the RTA and provide a matching contribution from the Financial Reserve, to undertake the proposed cycle parking, signage and linemarking.

   

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

TIM MCCARTHY

MALCOLM HILL

ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES

ASSET ENGINEER

 

 

 

 

 

 


Acting Director Asset & Infrastructure Services' Report 103/2004

 

 

SUBJECT:

Prince Henry at Little Bay - Proposed Road and Park Names

 

 

DATE:

3 December, 2004

FILE NO:

F2004/07140

 

 

 

REPORT BY:            ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES    

 

 

INTRODUCTION:

 

On 2nd December 2004, a formal submission was forwarded by Landcom for the naming of street and park names for the Prince Henry site, Little Bay. 

 

The existing roads on the Prince Henry site are currently classified as private.  These roads were initially built for use by the hospital within a state owned designated site.  An investigation into the proposal was conducted by Landcom’s consultant, Musecape Pty Ltd, which has produced a report “Prince Henry at Little Bay Site Road Naming Proposal” for Council’s consideration.  At the completion of the development, the roads and parks to be named at this site will be dedicated to Council.

 

The following discussions summarise the issues and historical findings from the report prepared by Musecapes Pty Ltd (Attachment 3). 

 

 

ISSUES:

 

Road Naming

 

The following principles for naming roads at the Prince Henry site were adopted by Landcom and its associated research representatives to deliver their report and subsequent findings:

 

·    Existing roads with existing names do not change;

·    The roads and parks names form part of a broader overall site interpretation approach;

·    Compliance with the guidelines established by the Geographical Names Board;

·    Respect for heritage values of the site as identified by the NSW Heritage Office;

·    Conformation to the Road Conservation Policy that forms part of the Conservation Management Plan for the site (The conservation Management Plan provides guidelines and policies for the conservation and interpretation of significant features on the Prince Henry Site.  The significant feature on the site relevant to this report is the original network of roads which has evolved over the hospital’s 120 year history.);

 

Due to the heritage significance of the Prince Henry site, the naming of the roads and parks should be a reflection of the history of the site, which encompasses its medical significance, the past and present Aboriginal association and its relationship to the local community.

 

All the existing roads which reflect the history of the site since 1881 are currently classified as private roads.  The Prince Henry street naming proposal proposes the retention of the existing private road network

 

Classification

Existing Street Names

Road existing in original form

Brodie Avenue

Curie Avenue

Darwin Avenue

Ewing Avenue

Fleming Street

Gull Street

Harvey Street

Road realigned due to redevelopment

Mayo Street

Lister Avenue

Pavilion Drive

Jenner Street

Pine Avenue

Coast Hospital Road

Table 1: Existing Street Names- Currently Private Roads

 

The location of the existing and new roads is illustrated in Attachment 1.  Seven (7) existing streets exist in their original form and six (6) streets will require some realignment. 

 

Three (3) new streets will be created as a consequence of the proposed development.

 

The preferred sources for road names as suggested by the NSW Geographical Names Board include Aboriginal names, thematic names eg: flora and fauna, local history or names appropriate to the physical historical or cultural character of the area. 

 

New Road 1

 

“New Road 1” is an entry point from Anzac Parade into the northern area of the site and travels eastwards to meet with Mayo Street.  This road has no previous alignment and requires a name.

 

“New Road 1” is located adjacent to the ochre site.  The significance of the site is as an ochre deposit for body painting for Aboriginal ceremonial activities.  To preserve the original association of this site, it is considered that New Road 1 should be named “Gubbuteh Road”, the aboriginal name for “ochre”.

 

New Road 2

 

Research with original road layouts determined that “New Road 2” is not actually a new road but is in fact the reinstatement of a previously existing road.  Therefore, it is considered that this section of road be assigned its original name “Newton Street”. 

 

New Road 5

 

“New Road 5” forms a loop road to the east of Lister Avenue and runs parallel to the eastern alignment of “New Road 1”.  It is a new feature and requires a new name.

 

“New Road 5” is a crescent shaped road, overlooking Little Bay. The early Aboriginals identified this place as a plentiful food source.  Today, members of the community continue to hunt and fish in these waters.  The abundant marine life is significant to the waters adjoining the Prince Henry site.  Research via a member of the community indicated that mullet was the most prolific species in these waters.  It is proposed that New Road 5 should be named “Murra Murra Place”, the aboriginal name for “sea mullet”.

 

Park Naming

 

The redevelopment of the Prince Henry site opens the opportunity for three (3) public open space areas.  The location of the new public parks is illustrated in Attachment 2. 

 

The Prince Henry site is significant not only as a site containing Aboriginal history but also as a site used for shared community activities and a place that promotes healing and good health.  Its significance is further shaped by various people who have contributed to its history.  This report seeks to propose suitable public park names that reflect these factors.

 

The preferred sources for park names as suggested by the NSW Geographical Names Board include names of Aboriginal origin or with a historical background or names appropriate to the physical historical or cultural character of the area.  Names acknowledging the multicultural nature of our society are also encouraged. 

 

Public Park 1

 

“Public Park 1” was previously an oval often used as a landing area for rescue helicopters whilst delivering injured sportsmen and women to Prince Henry Hospital.  The association of sport with Prince Henry is significant to the site and include names such as Keith Kirkland (Australian Olympic swimmer who trained and worked as Prince Henry Hospital), Janine Shepherd (female pilot who recovered from injuries during her stay at the Prince Henry Hospital) and Charlie Macartney (Australian cricketing legend who worked at Prince Henry Hospital as a personnel officer and as the first curator of the original oval, which is now the site for Public Park 1.

 

The choice of a significant Australian sporting personality with direct links to the Prince Henry site is considered appropriate for naming the oval. There is no previously recorded name for this site.  It is proposed that “Public Park 1” be named “Macartney Oval” due to Macartney’s direct involvement as a staff member of the hospital and the first curator of the original grounds of Public Park 1.

 

Public Park 2

 

Discussions with Mr Dave Ingrey, representative of the Metropolitan Land Council, La Perouse, identified the significance of Little Bay as a place where six tracks led down into the bay and along the coastline to sites for ceremonial healing, hunting and camping.  The location of Public Park 2 is such that a proposed cycle way will follow its eastern boundary, and walkways from Pine Avenue and Ewing Street will provide access to the park.  Public Park 2 embodies the idea of a place where tracks lead to and from.  It is considered that Public Park 2 be named “Six Track Park”, as this name recalls the Aboriginal history of the site.

 

Public Park 3

 

The most significant modification of the original Prince Henry site landscape was contributed by the “bob-a-day” men.  “Bob-a-day” men were inmates from the State hospitals at Lidcombe, Parramatta, Liverpool and George Street who were given labouring work in return for their payment of a “bob” (one shilling) a day.  “Bob-a-day” men were responsible for general work in the kitchen and hospital grounds, acted as messengers and tended to farm work, which included the success of fresh vegetable and milk produce for patients and the landscaping of the hospital grounds.  To commemorate their contribution to the landscape of the Prince Henry site, it is considered that “Public Park 3” should be named “Bob-a-day Park”.

 

FINANCIAL IMPACT STATEMENT:

 

There are no direct financial impact for these matters.

 

CONCLUSION:

 

The report prepared by Musecapes Pty Ltd (Attachment 3) provides a detailed and thorough research into the historical associations of the Prince Henry site.  The information presented in the report is consistent with the guidelines for roads and parks naming as established by the NSW Geographical Names Board.

 

It is considered that Council, as the relevant roads authority recommend the following:

 

·    All existing roads maintain their existing names

·    Roads proposed for realignment retain their original names

·    3 new roads created by the residential subdivision be named:

o Newtown Street

o using the correct local aboriginal name for Gubbuteh Road;

o using the correct local aboriginal name for Murra Murra Place;

·    3 new parks be named:

o Macartney Oval;

o Six Track Park; and

o ‘Bob-a-Day’ Park.

 

RECOMMENDATION:

 

That:

 

1.   Council propose to adopt the current private road names for all existing and realigned roads;

2.   Council propose to adopt “Newton Street” in place of “New Road 2” as this name reflects its original name;

3.   Council propose to adopt “Gubbuteh Road” in place of “New Road 1”;

4.   Council propose to adopt “Murra Murra Place” in place of “New Road 5”;

5.   Council propose to adopt “Macartney Oval” in place of “Public Park 1”;

6.   Council propose to adopt “Six Track Park” in place of “Public Park 2”;

7.   Council propose to adopt “Bob-a-Day Park” in place of “Public Park 3”;

8.   The proposals made in point 1 to 7 be advertised in the local newspaper;

9.   Council notify Australia Post, the Registrar General and the Surveyor General regarding the proposed street and park names. 

 

ATTACHMENT/S:

 

ALL UNDER SEPARATE COVER

1.               Prince Henry Site Plan – Proposed New Road Names

2.               Prince Henry Site Plan – Proposed New Park Names

3.               Prince Henry at Little Bay Site Road Naming Proposal Report- Musecape Pty Ltd November 2004

 

 

 

………………………………

………………………………

TIM MCCARTHY

ANNIE SHUM

ACTING DIRECTOR ASSET & INFRASTRUCTURE SERVICES

ANCILLARY ASSETS ENGINEER

 

 

 

 

 

 


 

Director Governance, Management & Information Services' Report 42/2004

 

 

SUBJECT:

PRESENTATION - FINANCIAL REPORTS - YEAR ENDED 30 JUNE, 2004

 

 

DATE:

8 December, 2004

FILE NO:

98/S/0043

 

 

 

REPORT BY:            DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES   

 

 

INTRODUCTION:

 

Under the provisions of the Local Government Act, Council is required to present its Financial Reports together with the Auditor’s Report.

 

ISSUES:

 

At its meeting held on Tuesday 30 November 2004, the Council, in accordance with Section 418 of the Local Government Act, 1993 fixed 14 December 2004 as the date on which it proposed to present its audited Financial Reports.

 

As required by Section 418 of the Act, public notice of the meeting as well as a summary of the Financial Reports was inserted in the “Sydney Morning Herald”. The public notice indicated, as required by Section 418 (4) of the Act, that copies of the Council’s audited Financial Reports, together with the Auditor’s report, were available for public inspection at Council’s Administration Office and at the Bowen Library.

 

Copies of the Auditor’s Report together with the audited Financial Reports have been forwarded to the Department of Local Government and to the Australian Bureau of Statistics, as required by Section 417(5) of the Local Government Act 1993.

 

Copies of the Financial Reports together with Auditor’s Report have been separately circulated to all Councillors.

 

Members of the public can make written submissions on the reports up until 10 December 2004. No submissions have been received as at the date of this report.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

RECOMMENDATION:

 

That the Director Governance, Management & Information Services Report on the Financial Reports year ended 30th June, 2004 be received and noted.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

MARK HUMMERSTON

 

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES

 

 

 

 

 

 

 


 

Director Governance, Management & Information Services' Report 43/2004

 

 

SUBJECT:

Privacy & Personal Information Protection Act - Tape Recording of Council Meetings & Health Records & Information Privacy Act - Amendment to Council's Privacy Management Plan.

 

 

DATE:

8 December, 2004

FILE NO:

98/S/2731 xr 98/S/1078 xr 98/S/1738

 

 

 

REPORT BY:            DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES  

 

 

BACKGROUND:

 

The Council, at its meeting held on 24th August, 2004, considered two reports arising from the Privacy & Personal Information Protection Act (PPIPA) and the Health Records & Information Privacy Act (HRIPA) 2002.

 

ISSUES:

 

In respect to the report on privacy and the tape recording of Council Meetings, it was resolved that the matter be deferred and be referred to specialist solicitors for appropriate legal advice, together with any other relevant privacy issues.

 

In addition, as a result of the commencement of the HRIPA on 1st September, 2004, Council’s Privacy Management Plan was amended to recognise its impact on that document.  Council resolved to adopt the amended Privacy Management Plan and provide a copy of it to the Privacy Commissioner of N.S.W., in accordance with Clause 33 of the PPIPA.  Council also resolved that legal advice be obtained on this matter.

 

The matter was referred to a firm of solicitors on 31st August, 2004, together with all relevant reports and documents. No response was received and further reminder letters were forwarded on 27th October and 24th November, 2004. Following a telephone call with the nominated solicitor on 6th December, 2004, who had been absent from work at the time the initial request was forwarded, it was established that no action had commenced on providing the legal advice. In addition, the nominated solicitor had previously only dealt with the impact of the recent Commonwealth Privacy legislation on private companies and Council was seeking advice on the State Privacy legislation’s impact on matters affecting local government. That solicitor did not offer to review Council’s request, but indicated there were other staff it could be referred to.

 

As Council’s resolution appeared to seek specialist services in this area, the request was withdrawn from those solicitors and the services of a specialist firm, Timmins Consulting Australia Pty Ltd, which deals primarily in F.O.I and Privacy matters was engaged. Peter Timmins is a recognised expert in these areas and he also conducts training for State and Local Government officers, publishes an authorative three monthly F.O.I & Privacy Newsletter and undertakes consultancy work in these fields, particularly in respect to complex applications, reviewing privacy management plans and all other issues associated with Local Government compliance.

 

 

FINANCIAL IMPACT STATEMENT:

 

Council, on 24th August, 2004, had already committed to the expenditure associated in obtaining advice as a result of its resolutions. There will be no greater level of expenditure on the basis of the current recommendation.

 

CONCLUSION:

 

Owing to the extensive delay and lack of specialist knowledge on N.S.W. Privacy Legislation, the Council’s original request for advice on this issue has been withdrawn and the specialist firm of Timmins Consulting Australia Pty Ltd has been engaged to furnish Council with the required response.

 

RECOMMENDATION:

 

That the contents of the report of the Director, Governance Management & Information Services in respect to Council’s resolution of 24th August, 2004 concerning N.S.W. Privacy Legislation be noted.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

MARK HUMMERSTON

 

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES

 

 

 

 

 

 

 


 

Director Governance, Management & Information Services' Report 44/2004

 

 

SUBJECT:

GO TO YOUR LOCAL LIBRARY CAMPAIGN

 

 

DATE:

6 December, 2004

FILE NO:

F2004/08383

 

 

 

REPORT BY:            DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES    

 

 

INTRODUCTION:

 

This report provides an outline and background information on the Go to Your Local Library campaign, winner of the Community Relations Commission for a multicultural NSW 2004 National Multicultural Marketing Award in the Government category.

 

"The Chair of the Community Relations Commission, Stepan Kerkyasharian, said tonight: "This was a very practical campaign which brought great results for local libraries. For instance, the bus campaign was backed up with posters, banners and postcards which were distributed at major community events to speakers of the nine language groups."

 

ISSUES:

 

The Go to Your Local Library campaign was developed by the Working Group on Multicultural Library Services (a subgroup of the Metropolitan Public Libraries Association).

 

The main aims of this project were to:

1.   raise awareness among the broad migrant community and Sydney of the existence of an extensive range of LOTE lending  collections and other related services in NSW public libraries

2.   Raise the profile of the  public library system in general

3.   Remove some of the barriers to achieving access and equity to migrant groups who want to visit libraries.

 

Randwick City Council’s Access & Community Information Librarian, Valeria Gryadunova, played a crucial role in the development and delivery of the campaign. As Chairperson for the Working Group as well as representing Council, Valeria ensured that the languages spoken by the   Randwick Culturally & Linguistically Diverse (CALD) communities were included in the campaign. Fourteen languages were targeted in the campaign, nine in stage two of the campaign, including Chinese, Spanish, Greek, Italian, Russian and Indonesian, all of which are heavily represented in the Randwick LGA.

 

The campaign included the production of posters for libraries and bus shelters, billboards on Cityrail stations, banners, postcards and advertisements on the inside and outside of Sydney Buses. The Waverley, Randwick and Port Botany Depots was assigned thirty-two of these buses which were regularly sited running on Anzac Parade on the 400 and Coogee bus routes. The bus advertisements ran from September to November 2003, although some were seen well after this time period.

 

The funds needed to make this campaign a reality were awarded to Waverley Council through the Library Development Grants program administered by the State Library on behalf of the Library Council of NSW and the NSW Ministry for the Arts.

 

Statistical data collected during and immediately after the campaign showed significant increases in loans of resources in the targeted languages. Measured increases ranged from 2.4% to 208%.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The Go to Your Local Library campaign has proven to be a great success in raising the awareness in CALD communities to the relevance and value of public libraries. The recognition by CRC by virtue of the 2004 National Multicultural Marketing Award (Government) is a demonstration of the value placed on the campaign by the wider community. It is also a great credit to the Working Group and the MPLA that the campaign has received such high recognition.

 

RECOMMENDATION:

 

That the report on Go To Your Local Library campaign be received and noted.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

MARK HUMMERSTON

 

DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES

 


 

Director Planning & Community Development's Report 102/2004

 

 

SUBJECT:

88 BEACH STREET, COOGEE

 

 

DATE:

2 December, 2004

FILE NO:

DA912/2003

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

 

INTRODUCTION:

 

At the Health, Building and Planning Committee meeting held 9 November 2004, Council resolved that this application be deferred to the next meeting of the Health Building & Planning Committee to allow for mediation between the applicant and objectors.

 

It is noted that, since the Committee meeting, the applicant has lodged a Class 1 appeal in the Land & Environment Court on the basis of a deemed refusal of the application.

 

A call over has been set down for 18 January 2005.

 

ISSUES

 

A mediation meeting was held on 24 November, 2004 at Council’s Administration Centre. The applicant, Seaside Developments, and their consultants, the objectors and the Mediator, Tim Stewart, were present at the mediation.

 

The following was resolved at the mediation:

 

It was agreed that a further meeting (or maybe mediation) be organised to discuss: computer modelling (3D, video, etc) view corridors, height variations, construction access, roof access, lane widening and setbacks from boundaries. It was suggested this meeting should occur within the next week or so.

 

A representative of the objectors has since advised Council that they have been unable to resolve the issues with the applicant and do not wish to pursue any further discussions. The application is therefore referred to Council for its consideration and determination.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

 

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 objecti1.   Director, Planning & Community Development Report dated 21 October, 2004ve 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 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 manufacturer’s 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 2 bedroom 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 engineer’s 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.

 

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

 

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

 

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 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.

 

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 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:

 

Director Planning & Community Development Report dated 21 October 2004 (under separate cover)

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

LUKE JACKSON

DIRECTOR PLANNING & COMMUNITY

DEVELOPMENT

SENIOR ASSESSMENT PLANNER


 

Director Planning & Community Development's Report 103/2004

 

 

SUBJECT:

38 Cliffbrook Parade, CLOVELLY

 

 

DATE:

8 December, 2004

FILE NO:

D-0447/2004

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

At the Health, Building and Planning Committee meeting held 7 December 2004, Council resolved that this application be deferred to the next Ordinary Council Meeting to allow the primary objector, Ms Robyn Katz, to comment on the amended plans.

 

 

ISSUES:

 

In order to facilitate the above resolution, a Mayoral Minute will be circulated prior to the Ordinary Council Meeting detailing the content of any written submissions that are received from the objector on the amended plans.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

 

RECOMMENDATION:

 

A.      THAT Council support the objection under SEPP1 to vary the provisions of Clause 32 and 33 Floor Space Ratios and Building Heights of the Randwick Local Environmental Plan 1998 (as amended), on the grounds that the proposed development is consistent with the objectives of the clause and will not adversely affect the amenity of the surrounding locality.

 

B.      That Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 447/04 for Demolition of the existing dwelling and erection of a  new attached dual occupancy and associated garages at 38 Cliffbrook Parade Clovelly subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered A-101, A-200, A-201-02, A-300-02, A-301-02, A-302-02, job number 0135 Rev 01 and 02 dated 12/11/04 and 1/6/04 received 16/11/04 and 10/06/04 and Survey Ref No. 03156 sheet 1 of 1, dated 11/9/03, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

          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 commencement of any building works.

 

SECTION 94:

 

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

 

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

 

a)       for the provision or improvement of open space                               $2,732.00

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

c)       Administration fee $425.00                                                                $425.00

         

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

 

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

 

4.       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.

 

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

 

6.       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 manufacturer’s details.

 

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

 

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

 

          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.

 

8.         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.

 

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.

 

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

 

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

 

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

 

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

 

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

 

13.     Prior to the commencement of any building 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.

 

14.     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.

 

15.     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.

 

16.     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:

 

17.     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.

 

18.     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.

 

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

 

20.     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.

 

21.     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.

 

22.     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:

 

23.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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”.

 

40.     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.

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     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

 

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

 

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

 

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

 

47.     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.

 

Security Deposit Conditions

 

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

 

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

 

a)       $1000.00 -           Security damage deposit

b)       $1000.00 -           Vehicular crossing deposit.

 

          The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon a satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge. The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

 

          The 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.

 

Civil Works Conditions

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

 

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

 

i.      Construct a new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site, if required.

 

ii.      Re/construct a concrete footpath along the Lowe St site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

iii.     Reconstruct the concrete kerb and gutter along the Lowe St site frontage including any associated roadworks.

 

50.     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.

 

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

 

Alignment Level Conditions

 

The following conditions are applied to provide adequate provisions for future civil

works in the road reserve:

 

52.     The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

Note: the proposed gate entrances in Lowe St shall be constructed 100mm above the Council kerb level at this point.

53.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $825.00 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.

 

Service Authority Conditions

 

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

 

54.     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.

 

55.     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.

 

56.     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.

 

Drainage Conditions

 

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

 

57.     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.

 

58.     All site stormwater leaving the site must be discharged by gravity to the kerb and gutter in Lowe St.

 

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

 

60.     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 in Lowe St.

 

          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.

 

Waste Management Conditions

 

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

 

61.     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 dual occupancy

 

Landscape Conditions

 

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

 

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

 

63.     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.

 

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

 

65.     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.

66.     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.

 

67.     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.

 

68.     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.

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Clause 3.7.2 of BCA Housing Provisions – Location of smoke detectors

 

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

 

A2.    The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

ATTACHMENT/S:

 

UNDER SEPARATE COVER -

 

Director Planning & Community Development Report dated 17 November 2004

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 


 

Director Planning & Community Development's Report 104/2004

 

 

SUBJECT:

AFFIXING OF THE COUNCIL SEAL

 

 

DATE:

2 December, 2004

FILE NO:

LS-0041/2004

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

Clause 48 of the Local Government (Meetings) Regulations 1993 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

ISSUES:

 

It is necessary for the Council’s Seal to be affixed to the subdivision plan and accompanying Section 88b Instrument that relates to 426 and 428 Malabar Road, Maroubra.

 

BACKGROUND:

 

On 6 September 2004, the Council granted its consent for the Torrens title subdivision of the existing pair of semi-detached dwellings at 426 and 428 Malabar Road.  The plan of subdivision includes an easement to permit an encroachment of a fence upon Council’s land.  The Director of Asset and Infrastructure Services has raised no objection to the proposed easement.  The details of that easement are contained in the Section 88b Instrument a copy of which is attached to this report.

 

The applicant attempted to register the plan of subdivision and the Section 88b Instrument at Land and Property Information Services.  The authority provided the following information to the applicant at that time:

 

A dealing by a Local Council, i.e. a City, Municipal or Shire Council, including a transfer pursuant to s713 Local Government Act 1993, and a transfer or surrender of Council land, must be executed under seal and the affixing must be attested by:

 

i.      The mayor and the general manager;

ii.     The general manager and at least one other councillor other than the mayor;

iii.    The mayor and at least one other councillor; or

iv.    At least two councillors other than the mayor.

Consequently, the applicant has approached Council with a view to seeking the affixing of Council’s seal to the documentation so that it may be accepted by and registered at Land and Property Information Services.

 

CONCLUSION:

 

As clause 48 of the Meetings Regulations requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities being completed.

 

RECOMMENDATION:

 

That authority be granted for the Council’s Seal to be affixed to the subdivision plan and accompanying Section 88b Instrument that relates to 426 and 428 Malabar Road, Maroubra.

 

ATTACHMENT/S:

 

Plan of subdivision

Section 88b Instrument

 

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 

 

 

 


 

Director Planning & Community Development's Report 105/2004

 

 

SUBJECT:

DELEGATIONS UNDER THE FOOD ACT 2003

 

 

DATE:

17 November, 2004

FILE NO:

F2004/08221

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT      

 

INTRODUCTION:

 

The purpose of this report is to recommend that Randwick City Council resolve to delegate to the General Manager in accordance with Section 377 (1) of the Local Government Act 1993, the power conferred by Section 60 of the Food Act 2003, to issue Prohibition Orders. Where necessary, a Prohibition Order may order the closure of an insanitary food premises to prevent or mitigate a serious danger to public health.

 

Additionally, it is recommended that Council delegate to the General Manager the power to appoint relevant Council staff as authorised officers pursuant to Section 114 of the Food Act 2003.

 

Furthermore, it is recommended that Council consent to the exercise of the delegation to the General Manager by the Director-General of the NSW Food Authority pursuant to Section 109E (4) of the Food Act 2003, for the purpose of the carrying out of the functions as the appropriate enforcement agency for the purposes of the Foods Standard Code - Standard 3.2.2, clauses 15 and 17 and Standard 3.2.3, clauses 10 and 14.

 

BACKGROUND:

 

The handling and sale of food during the last century in New South Wales was regulated by the Pure Food Act 1908 (Repealed). Under this legislation, only the NSW Government had powers to require the closure of insanitary food premises. These powers were transferred to local government with the commencement of the Food Act 1989 (Repealed). Under the Food Act 1989, the exercise of powers to close insanitary food premises were conferred upon the General Manager by the Council, and could not be delegated to any other Council officer.

 

CURRENT STATUTORY REGIME:

 

The Food Act 2003, was Assented to on the 8 September 2003, and commenced on the 23 February 2004. The Food Act 2003 (the Act) is the current legislation which regulates the handling of food for sale and the sale of food and provides for the application of the Australia New Zealand Food Standards Code in New South Wales.

The Food Regulation 2004 (the Regulation) commenced at the same time as the Act. Clause 6 (1) (b) of the Regulation prescribes each local council as an enforcement agency as defined within Section 4 of the Act.

 

The Act confers upon a local council as an enforcement agency, a number of powers and functions. These functions include, inter alia, the power to issue Prohibition Orders pursuant to Section 60 and Improvement Notices pursuant to Section 58 of the Act, in respect to unsanitary food premises and/or for food premises which do not comply with the relevant provisions of the Food Standards Code. There are also a number of administrative provisions applicable to a local council, such as the appointment of authorised officers pursuant to Section 114 of the Act.

 

ISSUES:

 

Food Act Delegations

 

At the time of the commencement of the Act, there were conflicting views across New South Wales as to the legality of the exercise of certain functions by the general manager of a local council, being a prescribed enforcement agency (the Council). This confusion was brought about by the operation of Section 110 (2) of the Food Act 2003.

 

Section 110 (2) States:

 

“(2) A function conferred specifically on an enforcement agency (other than the Food Authority) by this Act cannot be delegated.”

 

This issue now appears to have been resolved. The Director-General of the NSW Food Authority in his correspondence to the General Manager, dated 30 September 2004, states:

 

“The Food Authority has consulted with the Department of Local Government and our agreed assessment of the legal position is as follows:

 

·    Functions conferred on local councils by the Food Act 2003 are conferred on the body corporate. Therefore, these functions may be appropriately delegated within the council without being invalidated by section 110 (2) of the Food Act.

 

·    Section 377 (1) of the Local Government Act allows the governing body (i.e. the Councillors) to resolve to delegate such functions to the general manager, and such delegation would not be invalidated by section 110 (2).

 

·    Section 378 (2) of the Local Government Act allows the general manager to sub-delegate such functions to another employee of the council, again without being invalidated by section 110 (2).

 

·    However, delegation of such functions by the governing body (or sub-delegation by the general manager) to a person external to the council is not permitted by section 110 (2).”

 

The Director-General goes on to say in his correspondence, dated 30 September 2004:

 

“However, the delegation will only be valid if the governing body, by resolution makes the delegation; otherwise there is a risk that any exercise of the functions may be found to be of no legal effect. I would therefore urge all New South Wales councils to make the necessary arrangements to ensure these delegations are validly made.”

 

The Director-General has further advised that the Food Authority is considering exercising its power pursuant to Section 111 of the Food Act 2003, to impose conditions which would limit the functions of Section 60 (Prohibition Orders) and Section 114 (the appointment of authorised officers) of the Act, solely to the general manager of a local council.

 

Section 60 of the Act, confers upon an enforcement agency (the Council), a power being capable of closing a food premises in circumstances where there is a serious risk to public health. Section 114 of the Act confers the power upon Council to appoint authorised officers.

 

Should the Food Authority impose limitations on the abovementioned provisions as suggested by the Director-General, this would have no operational effect upon Randwick City Council in the carrying out its functions as an enforcement agency under the Act, provided that Council as the enforcement agency delegates these functions to the General Manager.

 

At Randwick City Council and under the previous legislation, the power to close a food premises has remained with the General Manager, alone. Needless to say, because of the serious implications and significant impacts associated with the closure of premises, the exercise of this power under the new legislation should also remain expressly with the General Manager.

 

Similarly, in respect to the appointment of authorised officers pursuant to Section 114 of the Act, the power to appoint authorised officers should also remain with the General Manager. This is the existing adopted protocol for the appointment of authorised officers under various other Acts of Parliament, in which Council administers.

 

Food Standards Code Delegations

 

The Director-General of the NSW Food Authority has advised that he has now exercised delegation to the General Manager in accordance with Section 109E of the Act, to carry out the functions of the appropriate enforcement agency for the purposes of the Food Standards Code. In particular, Standard 3.2.2 - Food Safety Practices and General Requirements (Clauses 15 and 17) and Standard 3.2.3 – Food Premises and Equipment (Clauses 10 and 14).

 

However, prior to the exercise of abovementioned functions, Section 109E (4) of the Food Act 2003, requires the written consent of the Council for these functions to be delegated by the Director-General. Section 381 (3) of the Local Government Act 1993, also requires Council to approve the delegation of such functions to the General Manager.

In this regard, the Director-General advises in his correspondence to the General Manager, dated 30 September 2004:

 

“If you wish to access this delegation, I will therefore need to be advised in writing that the council consents to delegation of the functions and approves the delegation specifically to the general manager. Also if you wish to sub-delegate these functions I will need a formal request in writing.”

 

Access to this delegation by the General Manager is considered essential to ensure the efficient exercise of these functions.

 

From an operational perspective, it is also considered equally important for the General Manager to be permitted to sub-delegate these functions to the following Council staff:

 

• Director, Planning & Community Development

 

• Manager, Environmental Health & Building Services

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact in respect to this matter. The functions carried out by Council officers under the Food Act 2003, will be contained with Council’s existing Environmental Health & Building Services’ Budget.

 

CONCLUSION:

 

In view of the recent advice from the Director-General of the NSW Food Authority and to ensure the efficient exercise of the functions conferred upon Council as an enforcement agency under the Food Act 2003, it is proposed that Council resolve to delegate to the General Manager the following powers:

 

• The issuing of Prohibition Orders pursuant to Section 60 of the Food Act 2003.

 

• The appointment of authorised officers pursuant to Section 114 of the Food Act 2003.

 

Furthermore, pursuant to Section 381 (3) of the Local Government Act 1993 it is proposed that Council approve the exercise of the delegation from the Director-General of the NSW Food Authority to the General Manager in accordance with the Director-General’s Instrument of Delegation under Section 109E of the Food Act 2003, dated 8 April 2004.

 

In addition and pursuant to Section 381 (3) of the Local Government Act 1993, and Section 109E (3) of the Food Act 2003, it is proposed that Council approve the General Manager to sub-delegate the exercise of the functions contained within the Director General’s Instrument of Delegation dated 8 April 2004 to the following staff:

 

·    Director, Planning & Community Development

 

·    Manager, Environmental Health & Building Services

 

Also, from an operational perspective, it is proposed the General Manager appoint Council’s Environmental Health Officers and Environmental Health & Building Surveyors as authorised officers in accordance with Section 114 of the Food Act 2003, to carry out inspections of food premises and to issue relevant directions, including Part 5 – Improvement Notices, on food premises which do not satisfy the relevant food safety standards. 

 

In conclusion, the resolution of Council to adopt the recommendations contained within this Report will result in the General Manager of Randwick City Council being able to lawfully exercise the required delegations and functions to ensure efficacy in the administration of Council’s regulatory functions under the Food Act 2003.

 

RECOMMENDATION:

 

That:

 

1.           In accordance with Section 377 (1) of the Local Government Act 1993, Council  delegate to the General Manager the power to issue Prohibition Orders pursuant to Section 60 of the Food Act 2003, and

 

2.           In accordance with Section 377 (1) of the Local Government Act 1993, Council delegate to the General Manager the power to appoint authorised officers pursuant to Section 114 of the Food Act 2003, and

 

3.           In accordance with Section 381 (3) of the Local Government Act 1993, Council  approve the General Manager to exercise the powers contained within the  Director-General of the NSW Food Authority - Instrument of Delegation pursuant to Section 109E of the Food Act 2003, dated 4 April 2004, and

 

4.           In accordance with Section 381 (3) of the Local Government Act 1993, and Section 109E (3) of the Food Act 2003, and conditional upon approval from the NSW Food Authority, Council approve the General Manager to sub-delegate to the Director, Planning & Community Development and the Manager, Environmental Health & Building Services, the exercise of the powers contained within the Director-General of the NSW Food Authority Instrument of Delegation pursuant to Section 109E of the Food Act 2003, dated 4 April 2004, and

 

5.           Council formally advise the Director-General of the NSW Food Authority of Council's approval for the General Manager to exercise powers contained within the  Director-General of the NSW Food Authority Instrument of Delegation pursuant to Section 109E of the Food Act 2003, dated 4 April 2004, and

 

6.           Council formally request the Director-General of the NSW Food Authority to permit the General Manager of Randwick City Council to sub-delegate to the Director, Planning & Community Development and the Manager, Environmental Health & Building Services, the powers contained within the Director-General of the NSW Food Authority Instrument of Delegation pursuant to Section 109E of the Food Act 2003, dated 4 April 2004, and

 

7.           Policy No. 2.01.04 - Delegation of Authority, be up-dated in accordance with Council's Resolutions, by including the following amendments:

 

(i) RA001 in paragraph (p) after "Food Act, 2003 & Regulations thereunder" insert "subject to paragraph (a) in RN001."

 

(ii) RN001 in paragraph (a) delete the whole of paragraph (a) and insert "(a) To issue Prohibition Orders pursuant to Section 60 of the Food Act 2003, for premises and equipment."

 

(iii) Create new Reference “RF041”. Insert in the DELEGATIONS column, new heading “Food Act 2003”. Insert new paragraph under the heading Food Act 2003, “To exercise the powers of the Director-General of the NSW Food Authority as the “appropriate enforcement agency” in NSW for the purpose the Food Standards Code, Standard 3.2.2 clauses 15 and 17, and Standard 3.2.3 clauses 10 and 14. In column headed DELEGATE insert “General Manager”, and

 

8.           Upon receipt of approval from the Director-General of the NSW Food Authority, Policy No. 2.01.04 – Delegation of Authority, be up-dated in accordance with the following amendments:

 

(i)       RF041 in the column headed DELEGATE insert under General Manager “Director Planning & Community Development” and insert “Manager Environmental Health & Building Services”.

 

ATTACHMENT/S:

 

UNDER SEPARATE COVER -

 

Copy of correspondence from the Director-General of the NSW Food Authority, dated 30 September 2004.

Instrument of Delegation by the Director-General of the NSW Food Authority, dated 8 April 2004.     

 

 

 

………………………………

………………………………

SIMA TRUUVERT

ROMAN WERECZYNSKI

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

MANAGER, ENVIRONMENTAL HEALTH & BUILDING SERVICES

 

………………………………

 

Author

ALLAN GRAHAM

 

SENIOR PLANNING & ENVIRONMENT COMPLIANCE OFFICER

 


 

Director Planning & Community Development's Report 106/2004

 

 

SUBJECT:

APPLICATION TO THE LICENSING COURT OF NSW FOR VARATIONS TO EXISTING HOTELIER'S LICENCE FOR PREMISES SITUATED AT 178 - 182 MARINE PARADE, MAROUBRA KNOWN AS THE MAROUBRA BAY HOTEL.

 

 

DATE:

3 November, 2004

FILE NO:

F2004/07767

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT        

 

INTRODUCTION:

 

Council is in receipt of a Notification of Application to the Licensing Court of New South Wales in accordance with Clause 18 of the Liquor Regulation 1996.

 

The application by Multiplex Maroubra Pty Limited is made to the Licensing Court of New South Wales pursuant to the Liquor Act 1982, for variations to the existing Hotelier’s licence (Serial No. 103751) for the Maroubra Bay Hotel situated at 178 – 182 Marine Parade, Maroubra.

 

The variations sought by the application are to:

 

(a)    Redefine the licensed area.

 

(b)    Dispense with the requirement for accommodation.

 

(c)    Vary Sunday trading hours to permit trading to 12.00 midnight.

 

(d)    Section 112 of the Liquor Act 1982, to authorise the use by a minor in the company of a responsible adult of a part of the premises.

 

(e)    Delete condition No. 1, in respect to “no transmission or vibration is given to any place of different occupancy.”

 

The application to vary the hotel trading hours is subject to the application of Council Policy No. 5.02.07 – Variations in Licensed Trading Hours.

 

In this regard, the applicant’s legal representative (Lands Legal) has stood the Application out of the Court’s list generally, to allow sufficient time for Council to consider its position in respect to the application.

This application is made to, and is to be determined by, the Licensing Court of New South Wales. Council is not the consent authority for the purpose of this application. However, Council is a required notifiable party and any comments made by Council in respect to the application may be considered by the Court, at its discretion.

 

ISSUES:

 

The subject premises is situated at 178 – 182 Marine Parade, Maroubra and located on land zoned 3B (Local Business Zone) pursuant to Randwick Local Environmental Plan 1998. The premises is also listed as a heritage item pursuant to Randwick Local Environmental Plan 1998.

 

The subject site is located on the north western corner of the intersection of McKeon Street and Marine Parade, Maroubra Beach. The site previously contained a four storey hotel building. The former hotel building is incorporated in the redevelopment of the site for a mixed commercial and residential development, with new hotel premises on the ground floor and residential development above. Surrounding developments adjacent to and nearby the site are of mixed character, ranging from single storey to four storey buildings and exhibiting a variety of commercial and residential uses.

 

 

The proposed hotel premises will occupy the ground floor level of the development, including Bar, Lounge, Bistro and gaming areas. Cool rooms and storage areas are to be located on the basement level of the premises. 

 

RELEVANT DEVELOPMENT HISTORY:

 

Development Consent (Development Application No. DA/974/02/GG) was granted on the 3 September 2003, for the “Refurbishment of Maroubra Bay Hotel to incorporate retail, hotel and residential uses. In total the development comprises 50 residential units including basement car parking for total of 87 cars and ground floor retail and open space (Heritage Item).”

 

Of particular relevance are a number of conditions that were imposed in respect to the prospective operation of the hotel component of the development. In this regard, conditions No. 9, 10 and 152 of Development Application No. DA/974/02/GG, state:

 

“9. Any proposed entertainment activities in conjunction with the Hotel use will require a separate development application.

 

10. If bi-fold or sliding doors are proposed to the hotel component these shall be closed at 10pm daily and shall not be opened earlier than 9am.

 

152. The hours of operation of the Hotel only shall be restricted to 8am to 12 midnight seven days a week.”

 

On the 13 October 2004, further Development Consent (Development Application No. DA/642/2004 was granted to “Fitout and operate ground floor area for the purpose of a hotel including bars, lounges, gaming room, TAB, bistros and a new basement cellar. The application also includes signage.”

 

In this regard, a number of conditions have been imposed in respect to the operation of the hotel, including conditions restricting hours of operation, provision of security staff, entertainment and the closure of external windows and doors. The relevant conditions of development consent are as follows:

 

“2. The hours of operation of the hotel shall be restricted to 8am to 12am (midnight) seven days per week.

 

3. At no time shall public entertainment be conducted at the premises without the prior consent of Council.

 

12. All external doors and windows of the Hotel along both Marine Parade and McKeon Street frontages shall be closed no later than 10pm daily to ensure the amenity of immediately adjoining residences above and surrounding the existing development.

 

13. A minimum of 3 security guards shall be employed at all times to monitor the operation of the premises and shall ensure the safe and legal operation of the premises.

 

16. That the licensee shall ensure that the maximum capacity of the Hotel of 225 persons is not breached at any time and that no persons be permitted to queue, drink or loiter outside the premises at any time. The security guards shall ensure that after closing patrons do not loiter around the site and move on.

 

21. The licensee will establish and maintain a formal and documented system for the recording and resolution of complaints made to the hotel by residents. All complaints are to be received by the hotel in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, will be implemented immediately and the licensee is to contact the complainant within 48 hours to confirm details of action taken.

 

Upon reasonable prior notice, the licensee must make available the incident book to the police and Council officers.”

 

The aforementioned Development Consents have been granted for the operation of the proposed hotel premises, with consented operating hours of 8.00am to 12.00 midnight, Monday to Sunday, inclusive. Therefore, the application made to the Licensing Court is consistent with the Development Consents for the premises, including the consented hours of operation.

 

LICENSING HISTORY:

 

The hotel premises operates subject to Hoteliers Licence No. 103751, granted on the 25 July 1955. Enquiries made to the Licensing Court have disclosed that there is no history of applications made to, or determined by the Court in respect to extended trading at the premises. As such, the premises’ permitted trading hours are that which are prescribed by Section 24 of the Liquor Act 1982 (5.00am to Midnight, Monday to Saturday and 10.00am to 10.00pm, Sundays).

 

THE PROPOSAL:

 

The subject premises is the subject of a major site redevelopment and at this point in time, the approved hotel component of the development has not commenced operation. The Application to the Licensing Court is one essentially to regularise the Hotelier’s licence applicable to newly redeveloped premises. The application to the Licensing Court in respect to the hotel premises is particularised as follows:

 

(a)    Redefine the licensed area.

 

The application seeks to redefine the boundaries of the licensed premises to reflect the hotel area in accordance with the redeveloped site. The new hotel premises are located on the ground floor level of the site and will contain Bar, Lounge, Bistro and gaming areas. Also included within the boundaries of the licensed premises are the cool rooms and storage areas which are to be located on the basement level of the premises.

 

(b)    Dispense with the requirement for accommodation.

 

The application seeks to dispense with the requirement for accommodation at the premises. There is no provision for accommodation at the new hotel premises.

 

(c)    Variation of Sunday trading hours to permit trading to 12.00 midnight.

 

The application seeks to vary the existing Sunday trading hours to permit the premises to trade until 12.00 midnight, an extension of 2 hours from the current closing time of 10.00pm. Relevantly, condition No. 152 of Development Consent No. DA/974/02/GG, for the redevelopment of the entire site permits the operation of the hotel component of the development from 8.00am to 12.00 midnight, seven days.

 

Furthermore, condition No. 2 of Development Consent No. DA/642/2004 for the fitout and operation of the ground floor hotel premises, permits the hotel to operate from 8.00am to 12.00 midnight, seven days per week.

 

In this regard, the variation for Sunday trading sought by the application is consistent with the consented hours of operation pursuant to the abovementioned Development Consents.  

 

(d)    Pursuant to Section 112 of the Liquor Act 1982, to authorise the use by a minor in the company of a responsible adult of a part of the premises.

 

The application seeks the Board’s (Liquor Administration Board) approval to authorise the use of certain parts of the premises by a minor in the company of a responsible adult. The use of these parts of the hotel for this purpose, include the lounge, bistro and other public areas, excluding the gaming area of the premises.

 

(e)    Delete condition No. 1, in respect to “no transmission or vibration is given to any place of different occupancy.”

 

The applications seeks to delete condition No. 1 of the hotelier’s licence in respect to “no transmission or vibration is given to any place of separate occupancy.”

 

The abovementioned condition is the subject of a Section 25 (2) of the Liquor Act 1982, Endorsement, which applied to the previous hotel premises.

 

NOTIFICATION:

 

In general terms, applications made to the Licensing Court of NSW for the grant of a new liquor licence, or for the grant of variations to existing liquor licences are subject to the application of the advertising requirements of Part 2, Division 2 of the Liquor Regulation 1996.

 

Applications made to the Court in this regard, are required to be notified to the local consent authority in which the premises are situated, in accordance with Clause 18 of the Liquor Regulation 1996. Notwithstanding, there is no statutory requirement for the applicant or any other person to conduct “deemed effected property” or “neighbour notification” in respect to an application made to the Licensing Court of NSW.

 

However, in particular circumstances, and where appropriate, Council of its own volition undertakes a neighbourhood notification process to gauge community opinion in respect to an application to the Licensing Court of which it has been notified.

 

As such, Council has notified the application made to the Court by Multiplex Maroubra Pty Limited to a total of 71 premises. This notification extended to properties to the north of the subject premises along Marine Parade to, and including Severn Street, Marine Parade, south of the premises to Mons Avenue and west of the subject premises along McKeon Street.

 

SUBMISSIONS:

 

As a result of Council’s notification of this application, Council has received two (2) submissions. Both submissions made to Council, in general terms, suggest that the grant of the application will result in an increase of incidents of anti-social behaviour within the vicinity of the hotel, and therefore oppose the application.

 

Following, are the relevant excerpts from the two resident/ratepayer submissions made to Council.

 

The submission made by P. Hee of Arncliffe NSW (owner of a premises situated in McKeon Street, Maroubra) dated 19 November 2004, states:

 

a        That the licensed area of the development is not to exceed the licensed area of the former Maroubra Bay Hotel.

 

 b         That the Council does NOT consent to extended trading hours for the licensed area of the proposed development eg 3.00 am licence. The Liquor Administration Board and the Maroubra Police would be aware of the history of complaints concerning the former Maroubra Bay Hotel due to extended trading hours.

 

            The variation of Sunday trading hours to permit trading to 12.00 midnight should NOT be approved. Please note that there now will more residential properties in the immediate vicinity affected by this proposal.”

 

The submission made by Miss B. M. Beswick, (owner/occupier of a premises situated in Severn Street, Maroubra), dated 29 November 2004, states:

 

“By far the most important reason given by the Council for this unfortunate development decision was the anticipated improvement in the behaviour of the patrons of the Hotel. It was suggested that the modernising of the premises would improve the behaviour of the patrons but there have been absolutely no tangible actions taken to ensure that outcome. I contend that it defies logic to suggest that extended hours will improve the behaviour of patrons. On the contrary, it will provide additional opportunities for antisocial behaviour……….Interests detrimental to those of local residents would be served by the granting of the application and so I would appreciate if you would register my objection.”

 

The number of submissions made in respect to the application, by ratio to the total of properties notified is small. Nevertheless, these submissions generally purport that there are concerns that an increase in trading hours at the premises to midnight Sundays will increase the likelihood of incidents of anti-social behaviour in the vicinity of the premises.

 

CONDUCT HISTORY:

 

The premises is the subject of a current redevelopment. This process will result in essentially a new hotel premises, operated by a new licensee. As such, there is no relevant conduct history in respect to the proposed hotel premises.

 

LICENSING POLICE:

 

Eastern Beaches Local Area Command – Licensing Police by facsimile dated 11 October 2004, advised the following:

 

“1.      Enquiries have been conducted in relation to the subject premises. There is nothing recorded which would raise doubt as to the integrity of the applicant/financially interested person to be associated to subject premises.

 

2.         The applications relate to the Maroubra Bay Hotel. The hotel has operated in the area for many years. It is of my opinion the application will not interfere with the quiet and good order of the neighbourhood. The applicant has taken steps to reduce the noise being emitted from the premises.

 

3.      There is no Police objection to any of the proposed applications, or the granting of the Licence.”

 

LIQUOR ACT 1982:

 

The application made by Multiplex Maroubra Pty Limited to the Licensing Court of New South Wales for the variation to Sunday trading hours at the Maroubra Bay Hotel is made under Section 25 (7) of the Liquor Act 1982. Relevantly, Section 25 (7) (b) states:

 

“S. 25 (7)        The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:

 

(b)  grant a different variation of trading hours in accordance with this section.”

 

In this regard, the Court may grant a variation of hotel trading hours under Section 25 of the Act, if it is satisfied, inter alia, that the extension of trading hours is necessary or desirable to meet the needs of tourists and tourism, and that the extension of trading hours will not result in the frequent undue disturbance to the quiet and good order of the neighbourhood in which the licensed premises is situated.

 

The application made by Multiplex Maroubra Pty Limited for the redefinition of the licensed boundaries of the premises is made to the Liquor Administration Board pursuant to Section 90 of the Liquor Act 1982. Section 90 (1), states:

 

“S. 90 (1)        The Board may define or redefine the boundaries of licensed premises or proposed licensed premises of its own motion or on the application of:

 

(a)  the owner of the premises,

(b)  the licensee, or

(c)  the applicant for a licence,

 

subject to each part of the licensed premises, as so defined or redefined, being contiguous with all other parts thereof.”

 

Relevantly, the redefinition application to the Board is consistent with the approved premises.

 

The application made by Multiplex Maroubra Pty Limited for authorisation to use part of the premises by a minor in the company of a responsible adult is made to the Liquor Administration Board pursuant to Section 112 of the Liquor Act 1982. Section 112 (1), states:

 

“S. 112 (1)      The Board may, on the application of the licensee or the Commissioner of Police, and subject to any conditions that the Board imposes, authorise the use by a minor in the company of a responsible adult of a part of the premises to which a hotelier’s licence relates.”

 

The application made by Multiplex Maroubra Pty Limited to the Licensing Court of New South Wales to dispense with the requirement for accommodation at the premises is made pursuant to Section 49 of the Liquor Act 1982. Section 49 (2), states:

 

“S. 49 (2)        Upon application by the applicant for, or holder of, a hotelier’s licence, the court may modify or dispense with any requirement or condition for the provision of accommodation referred to in subsection (1) (a), (c) or (d) on the licensed premises or premises to which it is proposed to remove the licence.”

 

The application made by Multiplex Maroubra Pty Limited to the Licensing Court of New South Wales to delete the condition of the existing hoteliers licence in respect to “No transmission or vibration is given to any place of different occupancy” is made pursuant to Section 20 of the Liquor Act 1982. Section 20 (5), states:

 

“S. 20 (5)        The court or the Board, as the case may be, may vary or revoke a condition of a licence imposed by it (whether under this section or any other provision of this Act):

 

(a)  at any time on the application of the licensee or the Director or the Commissioner of Police,”

 

OBJECTIONS TO APPLICATIONS:

 

Section 44 (1) (e) of the Liquor Act 1982, confers the right to object to the grant of an application by a person authorised by the local consent authority for the premises.

 

The specified grounds on which an objection may be taken are contained within Section 45 of the Liquor Act 1982. These grounds include, inter alia, that it would not be in the public interest to grant the application, and that the quiet and good order of the neighbourhood in which are situated the premises to which the application relates will be disturbed if the application is granted.

 

FINANCIAL IMPACT STATEMENT:

 

Section 16 of the Liquor Act 1982 contains the provisions in which the Court may apportion costs in respect to proceedings. Generally in proceedings relating to objections against the grant of an application, each party to the proceedings pays its own costs. However, the Court may order costs against a party opposing an application should the Court determine that the opposition to the application was malicious, vexatious or frivolous.

 

Should Council resolve to oppose this application, the estimated legal costs to Council may be up to approximately $20,000, plus indirect professional officers’ cost and resources.

 

CONCLUSION:

 

The applications by Multiplex Maroubra Pty Limited is made to the Licensing Court of New South pursuant to the Liquor Act 1982, for variations to the existing Hotelier’s licence (Serial No. 103751) for the Maroubra Bay Hotel situated at 178 – 182 Marine Parade, Maroubra.

 

The variations sought by the application are to:

 

(a)    Redefine the licensed area.

 

(b)    Dispense with the requirement for accommodation.

 

(c)    Vary Sunday trading hours to permit trading to 12.00 midnight.

 

(d)    Section 112 of the Liquor Act 1982, to authorise the use by a minor in the company of a responsible adult of a part of the premises.

 

(e)    Delete condition No. 1, in respect to “no transmission or vibration is given to any place of different occupancy.”

 

In granting Development Consent (Development Application No. DA/974/02/GG) for the redevelopment of the site, Council approved the use of the hotel and specified hours of operation of “8.00am to 12.00 midnight, seven days per week.”

 

Subsequently, further Development Consent (Development Application No. DA/642/2004 was granted on the 13 October 2004, for the fitout and operation of the ground floor area for the purpose of a hotel including bars, lounges, gaming room, TAB, bistros and a new basement cellar. Condition No. 2 of this consent limits the hours of operation of the hotel to 8.00am to 12.00 midnight, seven days per week consistent with Council’s determination of Development Application No. DA/974/02/GG.

 

It is also important to note that Council, in granting Development Consent for the use and operation of the premises as a hotel, has imposed conditions in respect to operation of the premises. These conditions include the requirement for the provision of security staff, closure of doors and windows, complaints management, no entertainment to be provided at the premises without the further consent of Council and the restriction of the hours of operation to 8.00am to 12.00 midnight, seven days. These conditions have been imposed to ensure the operation of the hotel premises does not adversely impact the surrounding locality.

 

As such, the application to the Licensing Court of NSW is consistent with the conditions of the aforementioned Development Consents. The application seeks the Court’s approval to extend the existing Sunday closing time of 10.00pm by two (2) hours to permit a 12.00 midnight close. This is consistent with the approved hours of operation under the Development Consents for the premises, which are 8.00am to 12.00 midnight, seven days per week.

 

RECOMMENDATION:

 

That Council raise no objection to the grant of the application by Multiplex Maroubra Pty Limited made to the Licensing Court of New South Wales pursuant to the Liquor Act 1982, for variations to the existing Hotelier’s licence (Serial No. 103751) for premises situated at 178 – 182 Marine Parade, Maroubra and known as the Maroubra Bay Hotel, to:

 

(a)        Redefine the licensed area.

 

(b)       Dispense with the requirement for accommodation.

 

(c)        Variation of Sunday trading hours to permit trading to 12.00 midnight.

 

(d)       Section 112 of the Liquor Act 1982, to authorise the use by a minor in the company of a responsible adult of a part of the premises.

 

(e)        Delete condition No. 1, in respect to “no transmission or vibration is given to any place of different occupancy”.

 

ATTACHMENT/S:

 

UNDER SEPARATE COVER -

 

1. Copy of correspondence from Lands Legal (Applicant's legal representative) dated 29 September 2004 and Notice of Application Form A.

 

2. Copy of correspondence from Lands Legal dated 19 October 2004 and Affidavit of Application by Robert George Welborn (Licensee), sworn on the 3rd September 2004.

 

3. Floor plans of proposed premises licensed boundaries submitted to the Court by the Applicant.       

 

 

 

 

 

 

 

 

 

………………………………

 

………………………………

SIMA TRUUVERT

ROMAN WERESZCZYNSKI

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

MANAGER, ENVIRONMENTAL HEALTH & BUILDING SERVICES

 

 

………………………………

 

Author

ALLAN GRAHAM

 

SENIOR PLANNING & ENVIRONMENT COMPLIANCE OFFICER

 

 


 

Director Planning & Community Development's Report 107/2004

 

 

SUBJECT:

308-310 Arden Street and 3 Alexander Street, COOGEE

 

 

DATE:

3 December, 2004

FILE NO:

03/0420

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

Attached is Development Application Report No. 03/0420, for a Section 96 modification to redesign the carpark, increase size of dwelling fronting Alexander Street, increase floor level to unit 9, alter layout of units 16 and 17, and minor changes to carpark entry and new storerooms.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

Development Application Report dated 1 December 2004 .

 

 

 

………………………………

………………………………

SIMA TRUUVERT

LUKE M JACKSON

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

1 December, 2004

FILE NO:

03/00420

 

PROPOSAL:

 Section 96 Application to redesign carpark, increase size of dwelling fronting Alexander Street, increase floor level to unit 9, alter layout of units 16 and 17, and minor changes to carpark entry and new storerooms

PROPERTY:

 308-310 Arden Street & 3 Alexander Street

WARD:

 Central Ward

APPLICANT:

 Anthony Betros

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

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

 

The proposed application is for amendments to an approved 17 unit residential development over three storeys with basement car parking. The alterations involve removal of car stackers and car spaces in the car parking areas, new sub-basement storage areas, an increase in the size of the studio unit fronting Alexander Street, an increase to the floor level of unit 9 and deletion of steps, reconfiguration of units 16 and 17 to provide better living areas and to group bedrooms together, alter the entry gates to the carpark, minor modification to the roof of unit 17 and introduction of a new rainwater tank.

 

The subject site is located in a 2C zone and is currently a vacant construction site. The surrounding area exhibits a variety of development types and scales with a predominance of two to four storey multi-unit housing development interspersed with single and two storey dwellings.

 

The proposed modification results in an increase in FSR to 1.17:1 which does not comply with the requirement of 0.9:1. The applicant has submitted a merit based assessment arguing that the additional floor area does not increase the bulk or overall height of the building, nor reduce the amount of landscaped area and that there are no additional amenity impacts.

 

Objections were received to the proposal raising concerns of excessive scale and floor area and less landscaped area.

 

The assessment of the application reveals that whilst the proposed modification does not comply with the numerical requirements, the additional floor area is contained within the approved building envelope and will result in no additional impacts in terms of visible bulk, height, overshadowing, privacy, landscaping and parking. The altered parking layout complies with the DCP – Parking and the other minor amendments result in no adverse amenity impacts or significant change to the originally approved application.

 

The recommendation is for approval subject to the amendment of condition 1 of the development consent.

 

2.       THE PROPOSAL

 

The proposed Section 96 modification seeks consent for the following amendments:

 

·        Unit 1 along the Alexander Street frontage – additional 27.5 square metres of floor space below the approved first floor level dwelling to form a 2-storey dwelling/studio and removal of parking below the first floor level. New walls and glazed areas are proposed along the north, east and south elevations to this area.

 

·        Vehicle gate design simplified due to relocation of car parking from below Unit 1 (hinged gate changed to a sliding gate) and relocation of intercom to the centre of the driveway.

·        Removal of car park stackers within main basement car park to Unit Nos 9, 14 and 16.

 

·        New storerooms to former void area above the car park which results in a floor space increase of 164 square metres. Some units have internal access to storage areas while others are accessed by a common access. Glass blocks are provided on external walls to provide natural light.

 

·        Unit 9 – internal floor level raised to remove internal stairs while the external patio is also raised to match. Internal stair access is also proposed to the new storage area as outlined above.

 

·        Rainwater tank incorporated into the design to satisfy condition of consent.

 

·        Units 16 and 17 – switch of bedroom and living areas between 3rd and 4th levels. Alterations including new windows and privacy louvres to balconies

 

·        Modified roof to allow for the incorporation of a clerestory window to allow northern solar access to the living area of Unit 17.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Arden Street and the eastern side of Alexander Street between the intersecting streets of Dudley Street and Neptune Street in Coogee.

 

The subject site is the combination of three sites reading as two components. The first being Lot A of DP 308966 and Lot B of DP317715 which constitute the Arden St section of the site making up the majority of the site area. The second component is 3 Alexander Street which is known as consolidated Lot 1 DP 311144 and Lot 2 DP 177453 this section provides the vehicular and service access to the site and a two storey detached building.

 

The total site area is 1,594 sq.m with a frontage to Arden St of 24.385m and 13.715m to Alexander Street.

 

The surrounding locality is defined by the bounding streets of Dudley St, Arden St, Neptune St and Alexander St. This locality is comprised of a mix of densities and architectural styles with three periods of development represented, the original pre World War 1 bungalows, the mixed use and multi unit developments of the interwar period and the 1960s and 1970s residential flat developments. There has been a recent development trend with the older bungalows being redeveloped into multi unit developments. There have been a number of such developments approved within the locality within the past few years including the recently approved 11 – 15 Alexander St of a similar scale to the proposed development.

 

Adjacent to the subject site to the north on Arden St are a pair of semi-detached dwellings (Nos 304 – 306 Arden Street) and a boarding house at the corner of Dudley Street. To the south of the property is a four storey red brick multi unit development. Across from the subject site on Arden St are a series of multi unit developments with a general height of four storeys. Running along the northern boundary of the subject site are a number of properties which address Dudley St these include detached residences, multi unit development and commercial properties (Nos 94, 96 and 96A Dudley St). Adjacent to the north of No. 3 Alexander St is a two storey mixed use development with associated garages (92 Dudley St). To the south is a 3 storey residential flat building that extends partially alongside the centre of the subject site (7-9 Alexander St). To the south of 310 Arden St is a 3 storey residential flat building known as 312 – 314 Arden St.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

Deferred commencement consent was issued at the Ordinary Council meeting of 9 December 2003. The deferred commencement conditions required deletion of a unit, void areas to units 10, 11 and 12 including associated roof terraces and reconfigured unit and the car park layout. These 7 deferred commencement conditions were imposed primarily to reduced bulk and scale of the development and to minimise impacts on neighbouring properties. Amended plans were submitted and the consent made operable on the 6 February 2004.

 

A section 96 modification to increase the size of unit 16 and 17 from two bedrooms to three bedrooms and provide additional basement car parking was approved by Council on 27 July 2004.

 

5.       COMMUNITY CONSULTATION:

 

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

 

5.1     Objections

 

Steve Freeth

304 Arden Street

Coogee

 

·        The major concerns focus on the scale of the building and the intrusion on neighbours from the vast number of balconies that have been allowed.

 

          Comment: The proposed alterations result in no additional balconies or intrusion to neighbours.

 

·        The current approval is already approximately 30% over Council’s own rules for allowed Floor Space Ratio. The new amendment would only add to this.

 

Comment: The additional floor space is internalises and will result in no additional amenity impacts to adjacent residents.

 

·        Additional amendments should not be supported by Council.

          Comment: The proposed application will be assessed on its merits in accordance with the relevant provisions applying to the site.

 

·        Developments that exceed the allowed Floor Space Ratio provide grounds for rejection.

 

          Comment: Floor space ratio controls provide a guide to determine bulk and scale. In some cases exceeding FSR is appropriate if the scale remains consistent with other surrounding buildings and the proposal provides a reasonable standard of amenity.

 

Fiona Lugg

PO Box 92

Enmore NSW 2042

 

·        The proposed increase in size to the studio dwelling means there will be less ground space to replace the vegetation that has been removed from the site. With the exception of two paper bark trees on the footpath of 3 Alexander Street, every last piece of vegetation has been removed. It previously had some trees and shrubs.

 

It is Council policy to ensure the developer replace any trees and shrubs that have been removed. There should be no further reduction to the ground space available for vegetation.

 

Comment: The proposed increased floor space to the front unit absorbs approved carparking areas, not landscaped area. The proposed modification does not result in any reduction in landscaping or removal of trees.

 

·        Objection to increased density.

 

Comment: The proposed additional floor space is considered reasonable, see assessment section.

 

·        Increasing the studio increases the developer’s profit margin at the expense of residents.

 

Comment: The increase in floor space does not result in any material impacts and the amenity of neighbouring residential properties.

 

Don McQualter

304 Arden Street

Coogee NSW

 

·        Objection to excessive FSR and gradual increases in FSR since first approval.

 

Comment: The proposed additional floor area is internalised and will make no difference to the visual bulk of the building.

 

6.       TECHNICAL OFFICERS COMMENTS

The application did not require referral to Council’s Technical officers.

 

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,

-         Building Code of Australia,

-         Development Control Plan – Parking,

-         Development Control Plan - Multi Unit Housing,

 

(a)      Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

32 - FSR

0.9:1

1.17:1

No (see merit based assessment following).

 

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     Floor Space Ratio – Clause 32 (1).

 

Under Clause 32 (1) of the LEP, the maximum floor space ratio for a building erected other than for the purpose of a dwelling house within a 2C zone is 0.9:1.

 

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

 

The proposed development has a Floor Space Ratio of 1.17:1 which exceeds the maximum of 0.9:1 by 0.27:1 (or 191.5 sq.m broken down into 27.5 sq.m extra to unit 1 and 164 sq.m as additional storage in the basement). The approved floor space ratio is 1.05:1.

 

The applicant submits the following with respect to the non-compliance:

 

It is considered that the proposal is consistent with the objectives of the standard as there is no adverse impact on nearby and adjoining development. The development is considered to be reasonable due to the restriction of additional floor space to the existing building envelope which does not alter the bulk of the building.

 

It is considered that the proposed floor space is consistent with the objectives of the standard as the design achieves an appropriate and reasonable built form with acceptable amenity impacts.

 

The proposed floor space is considered acceptable in this instance as the proposal is considered meritorious on the following grounds:

 

·        No additional bulk – The location of the additional floor space does not add to the bulk or alter the building envelope.

·        No additional parking generation – the area below Unit 1 and storage area are not responsible for additional parking generation.

·        No additional occupancy – no additional bedrooms are proposed within the additional floor space.

·        Orderly use of the land – it is considered that the proposal promotes orderly use of the land. The proposal allows for a more efficient use of the site. The daily operation of the building which will not adversely affect the amenity of surrounding residents or the character of the area.

·        Zoning – the proposed development is consistent with the objectives of the 2C zone which promotes medium density in forms which do not compromise the amenity of surrounding areas. The proposed development will retain the bulk and scale of the existing building.

·        Context – the additional floor space and resultant built form does not add to the bulk while the form is consistent with surrounding development in the locality. The proposed built form is reasonable in this context and provides for an attractively designed building which will enhance the built environment.

·        Views and vistas – the proposed floor space excess will not be responsible for any loss of views or outlook from surrounding properties due to its siting largely within the sub-floor and below Unit 1.

·        Landscaping – the proposed floor space does not reduce the amount of landscaping on the site.

·        Privacy – the switch of bedroom and living areas to Units 16 and 17 is considered to improve aural and visual privacy impacts to surrounding dwellings. Highlight windows, use of glass blocks and opaque glazing further limits privacy impacts while fixed louvres are also incorporated to address privacy issues. The reduction of trafficable areas along the southern setback of Unit 17 further reduces potential aural and visual privacy impacts.

·        Overshadowing – there are no impacts to solar access surrounding properties.

·        Improved solar access – the proposed skylight modification will improve solar access to the living area of Unit 17.

·        Heritage – no heritage listed buildings will be affected by the proposal

 

It is considered that the development will not compromise the planning intent for the site or the character and amenity of the surrounding area. The proposal will result in a better design outcome for the existing building.

 

The proposed alterations add no visual bulk to the proposal, do not result in additional parking requirements, add no additional height and result in the same privacy, overshadowing and solar access impacts as approved. The additional floor area is contained below ground and behind the existing building and will result in no amenity impacts to adjacent neighbours in any way. The bulk of the additional floor area is to the storage area which would otherwise be void. The additional floor space to the front unit results in no significant amenity impacts, does not change the appearance of the building from the street nor does it result in a non-compliance with respect to car parking. The space merely absorbs carparking spaces which were poorly positioned at the entrance to the site. The arguments presented above for the non-compliance are supported and the increase in floor space ratio above the maximum, whilst significant, does not visually change the external shape, design, form, height and bulk and therefore is supported.

 

8.2       Policy Controls

a.       Development Control Plan. Multi - Unit Housing

 

The DCP for Multi-Unit Housing states that a proposal is deemed to satisfy the Objectives and Performance requirements of the DCP if it complies with the corresponding Preferred Solutions. Therefore, the tables below assess the proposal against the relevant Preferred Solutions pertaining to this proposed modification, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements.

 

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets  Performance Requirements or Preferred Solutions.)

Density

P1  Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

Additional bulk internalised and is not visible from the street.

Privacy

P1  Visual Privacy

Windows and balconies of main living areas are located to 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.

Front unit has additional lower level floor area which does not result in overlooking to the adjacent property to the north.

Storage

P1  Accessible and separate storage for each dwelling.

S1  10m2 of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages .

The proposed alteration adds 10 new storage areas at sub-basement level having areas between 8 sq.m. and 23.31 sq.m. The units are accessible from the ground floor lobby and provide additional storage space to units over and above that already approved.

 

b.       Development Control Plan - Parking

 

Under the DCP for parking, the following parking requirements apply to multi-unit housing development:

 

*        1 space per two studio dwellings,

*        1 space per 1 bedroom dwelling or bedsitter unit over 40 sq.m.,

*        1.2 spaces per 2 bedroom dwelling,

*        1.5 spaces per 3 or more bedroom dwelling,

*        Visitor Parking 1 space per 4 dwellings or part thereof.

 

The carparking requirement for the proposed development is broken down as follows:

 

2 x 1 bed units = 2 spaces

13 x 2 bed units = 15.6 space

2 x 3 bed units = 3 spaces

Visitors = 4.25 spaces

Total requirement = 24.85

Total provided – 25.

 

The proposed development, despite removing car spaces for unit space and deletion of the car stackers, still complies with the Parking DCP and provides an appropriate amount of parking for the subject development.

 

8.3     Amenity impacts.

 

The proposed alterations to the design of the gate change it from a hinged gate to a sliding gate and the intercom is relocated to the centre of the driveway. These alterations improve access to the site.

 

The removal of the carpark stackers for units 9, 14 and 16 simplify the car park and remove issues associated with stackers such as maintenance and operation. The stackers are being removed because of hydraulic and drainage issues. The removal of the stackers does not result in a non-compliance with parking requirements.

 

The floor level of unit 9 is increased by 0.54m to 0.64m. The floor of unit 9 was not uniform and stepped up in two sections. The floor level throughout the unit has now been levelled. This increase in floor height creates uniformity and results in no overall height increase. The alterations are supported as they improve unimpeded movement throughout the unit.

 

The bedrooms and living room to units 16 and 17 are switched as part of the modification proposal. The upper levels of these units initially had bedrooms and the lower level had the living room as well as a bedroom. The living rooms are relocated to the upper level and are combined with a kitchen and dining room whilst all the bedrooms are now contained on the lower level. This improves the amenity of these units by creating a larger more usable and functional living/kitchen/dining instead of having it divided through the levels.

 

The roof to unit 17 on the upper level is modified to allow a clerestory window to gain northern solar access. Alterations including new glazed windows and privacy louvres are included. The proposed alterations results in no significant visual difference to the roof but improves amenity to the unit below. The alterations to the windows and louvres improve solar access and privacy to the site and adjacent residents.

 

9        SECTION 96 AMENDMENT

 

9.1       Substantially the same development

The proposed development is substantially the same development as originally approved. The building envelope at all levels is substantially the same with alterations being internal. The significant difference between the approved development and the changes proposed is the storage area at subbasement level. It is considered that the proposed changes are minor and are within the scope of the provisions of Section 96.

 

9.2     Notification and Consideration of Submissions:

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  Submissions were received and are assessed in previous sections.

 

10.     CONCLUSION

 

The proposed alterations are considered appropriate despite the non-compliance with floor space requirements. The additional floor space is contained within the approved building envelope and will result in no additional amenity impacts to adjacent residential properties whilst improving the amenity of units within the development. The proposal is considered worthy of approval.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 03/00420 on property 3 Alexander Street and 308 – 310 Arden Street, Coogee in the following manner:

 

·         Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered M-Arden-02B dated 29/4/03 and received by Council 24/11/03, M-Arden – 00, 01, 03, 04, 05, 06 & 07 Rev C, dated 29/4/03 and received by Council on 19/12/03 (plans submitted to satisfy deferred commencement conditions) and the application form and on any supporting information received with the application, as amended by the Section 96 ‘A’ plans dated M-ARDEN04 Rev A, dated 12/02/04 and received by Council on 5 May 2004 (copy), and as amended by the Section 96 1A ‘C’ plans numbered MARDN01 to MARDN07, all dated 27 August 2004 and received by Council 17 September 2004 (only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application)except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

 

ATTACHMENT/S:

 

A4 configurations

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

LUKE JACKSON

DIRECTOR OF PLANNING &

COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Director Planning & Community Development's Report 108/2004

 

 

SUBJECT:

212 Arden Street, COOGEE

 

 

DATE:

6 December, 2004

FILE NO:

D0036/2004

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

Attached is Development application Report No. D0036/2004 for alterations and refurbishment of ground floor bars and restaurants of the existing Coogee Bay Hotel and conversion of the existing accommodation at first and second floors to bar and restaurant including new balconies and pergola (Heritage Item).

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

Director of Planning & Community Development Report dated 2 December 2004 .

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

2 December, 2004

FILE NO:

D0036/2004

 

PROPOSAL:

 Alterations and refurbishment of ground floor bars and restaurants of the existing Coogee Bay Hotel and conversion of the existing accommodation at first and second floors to bar and restaurant including new balconies and pergola (Heritage Item)

PROPERTY:

 212 Arden Street, Coogee

WARD:

 East Ward

APPLICANT:

 Roger C Corbin

 

 

 

 

 

 

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 as the works are valued at $3.6 million.

 

The proposed re-development of the Coogee Bay Hotel was the subject of a Master plan which was adopted at the Ordinary Council meeting of the 24 February 2004 subject to two variations and nine matters to be addressed in any future development applications.

 

The subject application is consistent with the approved Master plan. The primary matters for consideration as part of this application have been noise and amenity impacts, heritage impacts, compliance with the Building Code of Australia and appropriate management of the extended licensed premises. These issues will be resolved by the imposition of deferred commencement conditions of consent.

 

The application is recommended for approval subject to deferred commencement conditions.

 

2.       THE PROPOSAL

 

The proposal is for refurbishment of the existing Coogee Bay Hotel. The proposed works include:

·        Lower ground floor (ground floor from street level) - Refurbishment of the existing bar and kitchen areas, addition of bi-fold windows and doors and an upgrade of the existing brasserie and servery area.

·        Upper Ground floor (first floor from street level) - Conversion of hotel rooms into a restaurant and bar including the addition of balconies to Coogee Bay Rd and Arden St frontage for dining. Installation of a new winter garden for outdoor dining and an upgrade of existing kitchen facilities

·        First floor (second floor from street level) - Conversion of hotel rooms to a bar and toilet facilities. Addition of a pergola to existing balcony and addition of Juliette balconies to Coogee Bay Road frontage.

·        Proposed hours of operation

Restaurant:

          Mon-Wed: 7.00am-12.00am; Thurs-Sat: 7.00am-3.00am and Sun: 7.00am -12.00 am

          Second floor bar:

          Mon-Wed: 12.00pm-12.00am; Thurs-Sat: 12.00pm-3.00am and Sun: 12.00pm-12.00am

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the south western corner of the intersection of Arden Street and Coogee Bay Road. The rear south-western section of the subject site also has frontage to Vicar Street. The subject site has an area of 7,241sqm.

 

The land is currently occupied by a public hotel, The Coogee Bay Hotel, along the Coogee Bay Road and Arden Street frontage and the Coogee Bay Boutique Hotel along the Vicar Street frontage.

The surrounding area comprises predominantly retail/commercial uses with the subject site located within the Coogee Bay Commercial Centre. To the north on the opposite side of Coogee Bay Road is an existing shopping strip comprising predominantly two-storey shops with continuous awning. Immediately to the east is a three storey ground-floor retail and upper floor residential building adjacent to Vicar Street and the existing Coogee Bay Road shopping strip beyond. To the south are two four-storey residential flat buildings one with frontage to Arden Street and the other to Vicar Street.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The Master plan for the proposed works was approved by Council at its Ordinary meeting of the 24 February 2004. The current development application was lodged prior to that approval being granted on the 23 January 2004, and as such the applicant has amended the proposal and addressed a number of issues as a result of the requirements of the adopted Master plan.

 

b.      HISTORY OF SITE USEAGE

 

The site has been used as a Hotel since 1875 and was previously used as a private residence and private school previously. The current building was erected in 1911 and the North-Eastern component constructed in 1921. Both buildings are currently used as bar facilities and are the subject of this current application.

 

Several applications have been submitted over the past 8 decades relating to extensive alterations and additions including works to the beer garden, nightclub and sportsman’s bar. In 1994 approval was issued to demolish the existing drive through liquor shop and 2 houses and erect a new drive through bottle shop and a new 3 level car park and 3 level hotel (above Vicar St). In 1996 this consent for the boutique hotel was extended including an additional level, and altering existing hotel accommodation above the north east wing, refurbishing Selina’s nightclub and including a convention centre to the facilities of the site. In 2000 consent was issued for partial demolition of Selina’s nightclub and Garden Bar and construction of Arden lounge and bar which is known as stage 1 of the refurbishment of the site and has already been completed.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the DCP for Public Notification of development Proposal and Council Plans. The following submissions were received:

 

5.1     Objections

 

C Roberts and Modern Pleaters P/L

14-230 Arden St

 

Steven Krulis

227-233 Coogee Bay Rd & 1-3 Vicars St

C/o Level 9, 1 Newland St

Bondi Junction

 

·      Concern for the new street level main entry to Coogee Bay Rd will affect amenity of neighbouring property

 

Comment

 

The entry to the premises from Coogee Bay Rd is existing and is only being enlarged and refurbished as part of this application, the entry will not replace the other entrances to the hotel. This entrance is being upgraded to provide a separate access to the restaurant, hotel and the Entrainment/Conference Centre to better arrange internal movement within the site. Conditions of consent will be imposed requiring a plan of management to be submitted and this shall detail the management of patrons queuing along Coogee Bay Rd.

 

·        The Height and FSR for the site is exceeded

 

Comment

 

It should be noted that the proposed works include internal alterations and no additional floor area, therefore FSR and Height considerations are not applicable.

 

·        Concern for noise impacts as raised by the acoustic report submitted with the application

 

Comment

 

An acoustic report submitted for the site provides details on projected noise emissions from the new bar and restaurant areas. Conditions of consent have been imposed in relation to the management of the premises and noise emissions.

 

·        Increase in licensed area will attract more patrons with behavioural problems

 

Comment

 

The site is currently strictly managed in terms of behaviour of patrons, this existing system of managing behaviour of patrons is to continue within the site and into the new public areas. Detailed management measures will be required as part of the plan of management.

 

·        Insufficient parking provided

 

Comment

 

A traffic and parking management plan submitted with the application has been assessed by Council’s traffic engineers and generally the findings are considered satisfactory. It is considered by the traffic consultant and applicant for the proposal that a significant proportion of the additional patrons of the site will not drive to the hotel. The traffic report indicates that the majority of patrons to the hotel either commute or are within walking distance of the establishment. Further, the site is constrained in terms of its ability to provide any additional parking.

 

·        Concern for disruption of business during construction

 

Comment

 

It is considered that the extent of works generated by internal alterations and additions are unlikely to unduly affect businesses along Coogee Bay Road. A standard condition of consent will be imposed requiring a construction management plan.

 

·        Concern for noise as a result of the use and management of the existing beer garden

 

Comment

 

The current application does not seek to alter the use of the beer garden therefore it is beyond the scope of the current application to condition the management of the beer garden.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Assets and Infrastructure

 

An application has been received for the development of the North-East Wing (and adjacent Lower Ground Floor area to the east) of the property at the above site, including interior fit-out and new balconies on both street frontages.

 

The comments and conditions contained in this report are based on the following plans (by NBRS & P Architects) and details:

 

§  Lower Ground floor plan – Drawing No. DA-42, Issue 3 (Dated 20/1/04)

§  Upper Ground floor plan – Drawing No. DA-43, Issue 3 (Dated 20/1/04)

§  First floor plan – Drawing No. DA-44, Issue 3 (Dated 20/1/04)

§  Parking Review by Colston Budd Hunt & Kafes dated January 2004 (amended version submitted with DA)

§  Additional parking survey information by Colston Budd Hunt & Kafes (Dated 13/5/2004)

 

Drainage Comments

 

All stormwater runoff from the new/redeveloped roof areas shall be discharged to Council’s underground drainage system in either Arden Street or Coogee Bay Road.

 

All stormwater must be taken through a sediment/silt arrestor pit prior to being discharged from the site.

 

Civil Works Comments

 

The applicant will be required to meet the full cost for Council or a Council approved contractor to reconstruct the footpath along the Coogee Bay Road frontage of the redeveloped portion of the site in accordance with Council’s Urban Design guidelines for Coogee.

 

It is noted that whilst the applicant is only required to reconstruct the section of footpath that fronts the north-eastern corner of the site (i.e. the section of the site being redeveloped), the applicant is required to purchase sufficient pavers to complete footpath reconstruction works along the full site frontage. This requirement is included to ensure that when the remainder of the site is redeveloped/modified (in accordance with the masterplan), there will be sufficient pavers of the same colour and style available to complete the footpath works along the site frontage.

 

The pavers that are not used to complete the section of footpath in front of the north-east corner of the site shall be stored at the Council Depot until they are required.  The applicant is advised to contact Council Landscape technician on 9399 0613 regarding this matter.

 

It is noted that the crossfall of the existing footpath in Coogee Bay Road appears to exceed the maximum crossfalls recommended for disabled access of 2.5%. Accordingly, the design alignment levels have been issued to facilitate the footpath crossfalls being reduced to 2.5%. It is further noted that this may necessitate redesign of the entries off Coogee Bay Road.

 

Parking Comments

 

The applicant has not submitted a parking review which considers the effects of this development application alone, rather an amended copy of the Parking Review (by Colston Budd Hunt & Kafes dated January 2004) that was submitted in conjunction with the masterplan has been submitted for consideration with this DA.

 

This parking review identifies that the proposed modifications (from the masterplan) affecting the parking demands are:

 

·        Reduction in licensed floor area within the entertainment/convention centre of some 114m2;

·        Replacement of 18 hotel units with a new restaurant and lounge bar (total increase in licensed floor area of some 773m2);

·        Minor alterations to other bars and gaming areas, which would result in a net decrease in license area of some 12m2.

 

The parking review concludes that that the net increase in licensed floor area between the approved and proposed modifications (under the masterplan) will be some 647m2 and that 17 new full time staff will be employed as a result of the changes.

 

Parking Demands (based on Council’s DCP for parking)

 

Council’s DCP for parking details the following parking requirements for hotels and clubs:

 

·        1 space per 6 m2 bar, lounge, entertainment restaurant, dining, auditoriums, disco and games rooms;

·        plus 1 space per 3 employees

·        plus 1 space per 2 bedrooms

·        plus 1 space per manager/caretaker

·        plus coach/taxi drop-off and pick-up.

 

Based on the above parking generation rates, the additional parking demands from the masterplan proposal (applying the rates in Council’s DCP for parking) will be in the order of 104 spaces. It is noted that this parking demand does not include the parking requirements for the proposed new hotel rooms which are understood to have been previously approved in DA 599/1995.

 

The DA currently being considered by Council (DA 36/2004) does not include the changes to the entertainment/convention centre, thus the changes under this DA alone appear to actually result in a net increase in licensed floor area of some 761 ms, and a corresponding increased parking demand of some 123 spaces.

 

Parking demands (Based on increase in population)

In lieu of using Council’s DCP for parking to determine parking demands, the submitted Parking Review suggests that the projected increase in population be used. It is understood that the maximum population in the new restaurant and lounge bar will be some 400 people. The parking review suggests that when other reductions in floor area on the site are taken into account, the net increase in population would be some 330 people, however, given that this DA does not include the reduction in the entertainment/convention area, it would appear that the maximum population increase from this DA should be left at 400 people (or only reduced slightly to reflect the 12m2 loss in the bar and gaming area).

 

The Parking review suggests that a modal split of car drivers at 20%, and an 85% level of demand (as per RTA Guide to Traffic Generating developments) should be applied to the maximum population. Based on these figures, the parking demands generated from this DA alone would be estimated to be some 68 spaces plus the parking demands from staff and minus the parking credit for 18 hotel rooms.

 

The Parking review suggests that a 20% modal split may be applied to the staff as well as patrons. The AIS Department suggests that this may not be appropriate as staff are generally more likely to drive to work than patrons are likely to drive to a hotel. The applicant does not appear to have submitted any evidence to support the proposal of only 20% of staff driving to work. In the absence of a parking study to indicate otherwise, the AIS Department recommends that the figures given in Council’s DCP for parking be adopted. Thus the increased employee parking demand may be estimated as 8.5 spaces.

 

Based on the increase in population, the total parking demands from this DA alone may be estimated to be approximately 67 spaces (i.e. 68 (patrons) + 8.5 (staff) – 9 (18 hotel rooms)).

Revised Parking Demands (based on parking survey information received 7/6/04)

The applicant has recently submitted additional information regarding the percentage of patrons driving to the hotel (refer to correspondence from Colston Budd Hunt & Kafes Pty Ltd (CBH&K), dated 13/5/2004). A survey was undertaken of hotel patrons on Saturday 17 April 2004 to estimate the model split of patrons. The results indicate that only 26% of patrons came by car and that the average car occupancy was 2.85 people. This results in 9.12% car drivers.

The correspondence from CBH&K also suggests that the estimated population for the new hotel area is some 380 people. Using this figure and applying the 9 percent car drivers, the estimated parking demands from the increased patronage would be approximately 34.5 spaces (as detailed by CBH&K). As noted above the AIS Department recommends that in the absence of a parking study to indicate otherwise, the staff parking demands should be estimated using the figures given in Council’s DCP for parking. Thus the total parking demands from this DA alone may be estimated to be approximately 34 (i.e. 34.5 (patrons) + 8.5 (staff) – 9 (18 hotel rooms)).

 

Parking Demands (general comments)

Further to the above comments, it is noted that there appears to be a number of additional changes shown on the submitted plans but not mentioned in the parking review that may also affect the parking demands. These changes include (but are not limited to):

 

·        Changes to the Beach Bar and Brasserie floor areas; and

·        Provision of outdoor dining areas on new balconies (It is noted that Council’s DCP – Parking states that the carparking demands for such areas are determined using the same parking rates as for the adjoining restaurant.)

 

However, should the parking requirement be assessed on the basis of the maximum number of patrons at any one time, the above two points are not relevant.

 

It is noted that the applicant has indicated that the parking requirements generated from the proposal will be provided through Section 94 contributions, with no increase in on-site parking provision proposed.

 

Comments on proposed balconies over Council’s footpath

 

The following comments were provided by the AIS Department in relation to the master plan submission:

 

The DPCD is advised that the AIS Department does not generally support any part of a building being constructed over Council’s footpath (except street level awnings). However, consideration may be given to balconies being constructed over the footpath provided that they comply with the following:

 

1.       The balconies are leased from Council for use as an outdoor dining area.

2.       The balconies are used in conjunction with an approved restaurant/café. The balconies must not be used in conjunction with a bar.

3.       The balconies are cantilevered over the footpath area.

4.       The balconies do not project beyond the line of the existing awnings.

 

The submitted plans show a number of Juliette balconies proposed in conjunction with a lounge bar. The AIS Department does not support outdoor areas over public roadways being used for drinking purposes alone and objects to this aspect of the development application.

 

It is understood that that the above requirements were modified by the DPCD prior to inclusion in the master plan. The master plan sets out the following variation in part A:

 

1.1     Design of the proposed balcony on the upper ground floor (Arden Street and Coogee Bay Road frontages) such that it:

 

·      Is leased from Council for use as an outdoor dining area.

·      Is used in conjunction with an approved restaurant/café. The balconies must not be used in conjunction with a bar.

·      Is designed by a suitably qualified structural engineer.

·      Reviews the number of supporting columns under the proposed balcony on the Arden Street frontage so as to reduce obstruction to, and retain existing views from the hotel to Coogee Beach Bay.

 

First floor level balconies (proposed in conjunction with lounge bar)

As per the original comments made by the AIS Department in relation to the master plan, the AIS Department objects to balconies being provided over Council’s footpath area if they are to be used in conjunction with a bar area only. Consequently, the AIS Department has included the following condition in this report:

 

The balconies proposed in conjunction with the new lounge bar shall be deleted. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

Should the DPCD consider approving the balconies proposed in conjunction with the lounge bar, the application should be referred back to the AIS Department so that appropriate conditions relating to construction and operation of the first floor balconies can be included in the approval.

 

Upper Ground floor level balconies (proposed in conjunction with new restaurant)

As detailed in the AIS Department comments on the master plan submission, it was (and still is) recommended that the width of the balcony proposed in conjunction with the new restaurant be limited to the width of the existing awnings over the footpath and that the balcony be cantilevered so that columns are not required. However, it appears that the master plan approved by Council allows for the upper ground floor level balcony to extending beyond the line of the existing awning and column supports to be provided.

 

Given the above, the AIS Department comments and conditions are based on the understanding that the upper ground floor level balcony is to be approved extending beyond the line of the existing awning and with column supports.

 

At a minimum the new balcony (and supporting columns) shall be set back at least 1 metre from the face of the kerb to ensure that the balcony will not impact on traffic flows in Arden Street or Coogee Bay Road (particularly tall vehicles).  Further, the applicant shall ensure that the columns are not placed over existing services in the road reserve. The supporting elements/footings for the balcony over council’s footpath shall be founded on rock or extended below a 30 degree line taken from the level of any services in the road reserve.  This is to ensure that excavation works required to access services will not undermine the column foundations.

 

The buildings within the site must be structurally independent of the balcony so that if the balcony needs to be removed, the structures on site will not be affected.

 

Consent under section 138 of the Roads Act 1993 shall be obtained from Council for the construction of the proposed balcony along the Arden Street and Coogee Bay Road site frontages. The Section 138 consent shall be obtained prior to the commencement of any works in the road reserve.

 

The following condition has been included in this report to protect Council from any damages/claims arising from the proposed balcony and to ensure that the applicant satisfactorily maintains the balcony structure over Council’s footpath area.

 

1)       Prior to an occupation certificate being issued for the development, a positive covenant and restriction under section 88E of the Conveyancing Act 1919 shall be registered on the title of the subject property, which provides for:-

 

i)      The registered proprietors of the Lot(s) burdened to clean, maintain, renew and repair the balcony (including all supporting structures) located over the public footway along the Arden Street and Coogee Bay Road site frontages, with all works being undertaken to the satisfaction of Council;

 

ii)     The registered proprietors of the Lot(s) burdened to hold full public liability in relation to any claims sustained as a result of the balcony and supporting structures;

 

iii)    The registered proprietors of the Lot(s) burdened to keep a policy of public risk insurance with respect to the balcony along the Arden Street and Coogee Bay Road site frontages. The limit of public risk shall be not less than $10,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount, which may be paid arising out of any one single accident or event.

 

                  NOTES:

 

a.       The policy shall extend to cover death or injury to any person and damage to property of any person sustained when such person is using or entering the balcony area or the public footway beneath the balcony.

 

b.       The policy must name the Council as the owner and the registered proprietors of the Lot(s) burdened as the insured and must contain a clause that the insurer will not change the insurance without first giving the Council ten (10) days prior written notice.

 

c.       The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be delivered by the registered proprietors of the Lot(s) burdened to the Council.

 

iv)    The registered proprietors of the Lot(s) burdened to enter into a formal lease agreement to use the balcony. All costs associated with the rental evaluation, lease preparation and legal costs incurred by the lessor shall be covered by the lessee.

 

v)     No structures to be erected, nor goods to be stored, nor any work carried out in, on or over the public footway other than those approved by Council.

 

vi)    The registered proprietors of the Lot(s) burdened to meet the full cost for the balcony structure located over Council’s footpath to be removed (and the area reinstated to the satisfaction of Council), if either:-

 

(1)      The duration of the lease agreement expires and a new lease is not entered into; or

(2)      The lessee fails to comply with the terms of the lease agreement and/or Council determines that the balcony is posing as a safety hazard.

 

vii)   The positive covenant and restriction to not be released, varied or modified without the consent of the Council.

 

The proposed wording for the positive covenant shall be prepared by suitably qualified legal advisors and shall be to the satisfaction of Council. All costs associated with creating, reviewing and registering the 88E instrument shall be met by the applicant.

 

Service Authority Comments

 

The applicant will be required to meet the full cost for all overhead cables located along the Coogee Bay Road and Arden Street site frontages to be relocated underground. The applicant shall liaise directly with the relevant service authorities regarding this matter.

 

The applicant shall ensure that the relevant service authorities do not object to the location of the proposed columns supporting the balcony along the Arden Street and Coogee Bay Road site frontages.

 

6.2     Environmental Health and Building Services

 

Environmental Health & Building comments

 

Proposal

 

The application seeks approval for the following redevelopment of the Coogee Bay Hotel at 212 Arden Street Coogee (also known as 253 Coogee Bay Road);

 

North east wing

§  Lower ground floor: refurbishment of the Beach Bar interior layout, addition of bi fold windows and entry doors and upgraded servery to the brasserie;

§  Upper ground floor: conversion of existing hotel rooms to a restaurant with bar and associated toilet facilities. Addition of balconies to Coogee Bay Rd and Arden Street frontages for dining seating. New Wintergarden on existing balcony and upgrading of kitchen equipment;

§  First floor: Conversion of hotel rooms to a bar and associated toilet facilities. Addition of pergola to existing balcony and addition of Juliette balconies to Coogee Bay Rd for standing areas.

 

Coogee Bay frontage

 

§  Lower ground floor: New main hotel entry, refurbished sports bar and expanded gaming area, new and upgraded toilet facilities, new lifts to floors above;

§  Upper ground floor: New administration facilities

 

BCA Building Classification

 

§  Class 3      -     Hotel

§  Class 6      -     Restaurant and Bar

§  Class 9b    -     Ground floor bar areas (existing)

 

Key Issues

 

Site 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.

 

Fire Safety

The level of fire safety within the premises is to be upgraded to achieve an adequate level of fire safety and a fire safety report is required to be submitted to the Manager of Health and Building Services as a deferred commencement condition, prior to the consent operating.

 

The fire safety report is required to have regard to the nature and use of the existing building, including existing ground floor places of public entertainment and beer garden.

Acoustics - General

 

The existing building on site is a Hotel bounded by buildings of a similar nature, with residential flat buildings to the south and commercial buildings to the north and west of the site.  Due to the close proximity of residential premises and the potential for the use and operation of the proposed development to impact heavily upon the amenity of the surrounding residences, an acoustic report, prepared by Renzo Tonin & Associates Pty Ltd dated 19 January 2004 (Ref No.TB441-02F01 (Rev3)) was received with the application.

 

An assessment of the acoustic report was carried out by Council’s Environmental Health Officer and it was revealed that further information was required.

 

Subsequently, a further acoustic report prepared by Renzo Tonin & Associates Pty Ltd, dated 4 May 2004 (Ref No.TB441-02F02 (Rev3)) was submitted to Council for consideration.

 

Upon assessment of the additional acoustic report by Council’s Senior Environmental Health Officer, it was revealed that all information requested in the additional information request was not addressed and/or submitted and a meeting was arranged for the applicant and Council Officers’ to discuss the matter further.

 

A meeting was held on 5 August 2004 with Roger Corbin (Roger Corbin PTY LTD), Tracey Gowen (Renzo Tonin) and Council’s Development Assessment and Environmental Health Officers to discuss outstanding issues in regards to the assessment of the application.

 

Discussions held within the meeting of 5 August 2004 revealed that Council considered that sufficient information had not been provided to ascertain and determine if the noise generated from the proposed development will allow for compliance with the LAB noise criteria at all times. Further information was therefore requested during the meeting, however to date, no information has been provided in this regard.

The following concerns and/or issues have been raised upon assessment of the acoustic report dated 4 May 20 04.

 

Section 6 of the acoustic report stated above outlines 4 different scenarios in relation to the proposed development. As outlined in the report, scenario 1 is considered to be the worst case but credible scenario as detailed below:

 

Scenario 1:

 

Lower ground floor beach bar

 

§  Windows open unless public entertainment is being provided.

 

Upper ground floor restaurant

§  An additional 200 persons, 110 on balconies and 90 inside;

§  Background music playing, windows and doors open.

§  The proposed hours of operation for the restaurant are Mon-Wed: 7.00am-12.00am, Thurs to Sat: 7.00am-3.00am and Sun: 7.00am-12.00 am

 

First floor bar   

§  Approximately 200 persons, 115 on balconies and 85 inside;

§  Background music playing with windows open

§  The proposed hours for the bar are Mon- Wed: 12.00pm-12.00am, Thurs-Sat 12.00pm-3.00am and Sun: 12.00pm-12.00am

 

As discussed in the meeting held, it is considered that the recommendations outlined within section 7 of the report do not allow for Council to be satisfied that patron noise and/or music noise emanating from the proposed premises will comply with the appropriate noise criteria at all times.

 

Additionally, the recommendations and comments provided within the report do not itemize nor outline/identify a plan of management to ensure compliance with the recommendations and relevant noise criteria, at all times.

 

Whilst the recommendations stipulate that permanent sound monitoring devices should be installed to aid management in monitoring noise from inside the bar, inside the restaurant and from each of the proposed northern, eastern and southern balconies, it is considered that any use of these areas after 12:00 midnight as outlined in scenario one, may result in a non compliance with the LAB noise criteria.

 

In this regard, the LAB criteria states that ‘the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am’.

 

Council needs to be satisfied that nuisances will not occur and the LAB criteria will be met at all times, without the assumption that the criteria can be met after action is taken once a non compliance has occurred.

 

Recommendations 2 & 3 of section 7.1 of the acoustic report state the following;

 

2.       Windows and doors to the balconies should be closed whenever management is notified of excessive noise by the sound monitoring devices;

3.       Balconies should not be used whenever management is notified of excessive noise by the sound monitoring devices; 

 

No detail has been provided in relation to how the above recommendations will be enforced or the determining factor and/or time frame of excessive noise to be evident prior to enforcement of the recommendation/s.

 

Furthermore, no details have been submitted in relation to the levels at which the noise monitoring devices will be set at and whether the devices will be capable of monitoring the cumulative effect of all areas to ensure compliance at all times.  

 

Council’s Environmental Health Officers have concerns that, notwithstanding the managements’ best intentions to manage excessive noise levels, the proposal may result in an ‘offensive’ noise and or a breach of the LAB noise criteria before remedial action is taken by the management.

 

In addition, the strategy is also totally reliant upon the manager and staff present at the time, which can not be considered as failsafe or guaranteed.

(Note: The above matters were raised during the meeting held in August 2004 however no information was forwarded to Council).

 

Public safety and amenity

 

In addition to the issues of noise and acoustics, further concerns are raised in relation to potential nuisances and various impacts on the amenity of the surrounding areas and the suitability of such a significant balcony structure being located over the public footway on Arden Street.  These concerns include the potential amenity and nuisance impact upon pedestrians nearby public areas and also traffic safety, due to the size of the balcony and the close proximity to the main roadway area.

 

Council’s concerns are exacerbated by the potential for the balconies to be used as bar areas after the closing of the restaurant, between 12:00 midnight and 3:00am.

In regards to the potential for public safety to be impeded and public nuisances to arise, the following comments are provided;

 

§  Details of potential noise nuisances, including estimated noise levels created by intangible noise disturbances from patrons (i.e. shouting, swearing, patron noise generally) and associated impacts upon the amenity of public space areas surrounding the premises have not been provided for consideration.

          Also, proposed procedures to be adopted to prevent such disturbances occurring have not been provided.

§  Potential noise nuisances to public space areas surrounding the premises and any management procedures to be adopted have not been addressed and/or submitted.

§  Anti social behaviour from the premises, in particular shouting, swearing etc and any management procedures to be adopted have not been addressed and/or submitted.

§  Public safety issues and any management procedures to be adopted have not been addressed and/or submitted. Such public safety issues are in association with the dropping of/throwing of articles, cigarettes, litter, food, beer, drinks etc of the balconies onto the public road and pedestrians.

§  Discussions were held in the meeting in regards to the potential for the proposed areas being used for public entertainment purposes in the future, should the application be approved.  The documentation provided with the application does not identify these areas as potential public entertainment areas.

 

The proposed hours of operation of the first and second floor areas, including the use of the balcony areas is as follows.

 

First floor restaurant

Mon-Wed: 7.00am-12.00am, Thurs to Sat: 7.00am-3.00am and Sun: 7.00am-12.00 am

 

Second floor bar        

Mon- Wed: 12.00pm-12.00am, Thurs-Sat 12.00pm-3.00am and Sun: 12.00pm-12.00am

 

Upon review of issues raised in relation to noise, nuisances and public amenity and safety concerns, it is considered that should approval for the application be granted, conditions should be attached to the consent restricting the hours of operation of the balcony areas on the first and second floors, including the closing of associated doors and windows at 12:00am (midnight) at the latest. Also, conditions in relation to the submission of a management plan, incorporating procedures to ensure compliance with relevant noise criteria should be attached to the consent.

 

The above mentioned conditions are considered necessary as the information submitted does not demonstrate that the noise emanating from the proposed development will comply with the LAB Noise criteria at all times and the practices and procedures to be adopted does not demonstrate that nuisances will not be generated to nearby residents and the public generally.

 

To minimise the potential for public safety to be impeded whilst the balcony areas are in use, it is considered that conditions should be attached to the consent in regards to the design of the balcony areas. Such conditions should outline that the handrails and balustrades shall be designed so as not to facilitate the placing and/or storing of glasses and the like and that barriers shall be provided on the balconies at floor level so as to ensure that articles are unable to be knocked and/or kicked off the balcony areas onto surrounding footway and road areas.

Acoustics –  Mechanical plant and equipment

 

The proposal includes the installation of a new cooling tower, including two (2) pumps.

The acoustic report prepared by Renzo Tonin & Associates Pty Ltd, dated 4 May 2004 (Ref No.TB441-02F02 (Rev3) submitted with the application reveals that due to the close proximity of the proposed new plant and equipment to the residences located at 5 Vicar St (A4 receivers), noise levels at that receiver will produce an exceedance of the Industrial Noise Policy criteria of up to 11 dB during the night time period.

 

Recommendations have been provided in section 7.2 of the report and it is therefore considered that conditions need to be attached to the consent in relation to mechanical noise should the application be approved. This will include the requirement for an acoustic report to be provided prior to an occupation certificate being issued.

 

Cooling Tower

 

A cooling tower is proposed. Standard conditions therefore need to be attached should the application be approved.

 

Bar/food areas

 

Alterations and additions are proposed for some existing bar areas including a fit out for a new restaurant area. Standard conditions therefore need to be attached should the application be approved.

 

Also, previous inspections of the premises have revealed that some areas do not comply with the Food Act 2003 and associated Food Safety Standards and therefore a condition requiring the upgrading of these areas is to be attached to the consent.

 

The Manager of Environmental Health and Building Services has provided some further comments on the proposed development:

 

Following our recent discussions regarding the subject development, the following additional comments are provided and additional condition recommended to be included in the DA assessment report.

 

The application proposes to operate the new restaurant and bar areas at first and second floor levels up until 3:00am.  It is also proposed that these areas accommodate up to 400 patrons.

 

Council regularly receives concerns from residents in the Coogee area regarding anti-social behaviour and the proposed hours of operation and number of patrons has the potential to further increase the incidence of anti-social behaviour in the locality, particularly around the time of the departure of the patrons from the premises.

 

Therefore to reduce the potential for such incidents, it is suggested that the new restaurant and bar areas cease serving of alcohol at 1:00am (possibly excluding new years eve) and that a management plan be developed which includes the implementation of a ‘progressive exit policy’.

 

6.3     Heritage Planner

 

The subject site is part of the Coogee Bay Hotel site, listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet for the property notes that the building was used as a private school from 1863, before a second storey was added to convert it to a hotel, with many alterations and additions being made over the years.  A Conservation Study for the Coogee Bay Hotel was prepared by Orwell and Peter Phillips Architects in 1989, noting the principal significance of the Hotel arises from its continuous operation as a beachside hotel on its present site since 1875.  Investigation of documentary and physical evidence indicates that comparatively little historic fabric has survived.  The evolutionary plans provided indicate that the central section of the building at ground floor level, well set back from Arden Street and Coogee Bay Road, may have been constructed in 1850.  Additions to the south of this section were constructed in the 1880s and additions to the north of this section (Coogee Bay Road frontage) were constructed in 1911.  Further additions were carried out in 1913, 1921 and 1929.

 

The development application proposes alterations and additions at ground floor, first floor and second floor levels.  A Master Plan proposal for the site was approved, subject to conditions in February 2004.  The development application submission is generally consistent with the approved Master Plan.  At ground floor level internal and external changes are proposed including provision of operable windows to existing openings to Arden Street and Coogee Bay Road.  At first floor level internal and external changes are proposed including provision of operable glazing to the existing balcony on the corner of Arden Street and Coogee Bay Road, provision of a new balcony above the existing awning to the Arden Street and Coogee Bay Road frontages, and replacement of existing bay windows by doors to provide access to the new balcony.  At second floor level internal and external changes are proposed including removal of internal walls of residential rooms to provide an open bar area, provision of a pergola to the existing balcony on the corner of Arden Street and Coogee Bay Road, provision of new balconies to the Coogee Bay Road frontage and replacement of existing bay windows by doors to provide access to the balconies.

 

The development application submission includes a copy of the Statement of Heritage Impact prepared by Noel Bell Ridley Smith and Partners Architects submitted with the Master Plan application.  The Statement considers that there has been no significant change in the intervening period that would affect the conclusions of the previous Conservation Study.  The Statement argues that major heritage constraints on development are retaining a public hotel use, and maintaining the existing scale and location of the heritage item, and any appropriate views to and from the site relating it to the surrounding area.  The Statement notes that the proposed changes adopt sympathetic, traditional design solutions that complement the existing architecture and provide substantial user amenity.

 

It is noted that the previous Conservation Study was carried out around 15 years ago, prior to the gazettal of Local Environmental Plan 102- Heritage.  This Study did not attribute significant heritage value to the twentieth century components of the building fabric.  My comments on the Master Plan raised concerns that during the intervening period, local community esteem for the Coogee Bay Hotel may have risen, reflecting the increase in public respect for twentieth century heritage.  The Statement of Environmental Effects advises that a peer review of the NBRS Statement will be carried out by Peter Phillips.  This Peer Review submission has now been received.

 

The Peer Review submission notes the change in focus between the 1989 and the 1999 Burra Charter.  The emphasis has changed to include respect for associations and meanings of a place, in addition to the fabric itself.  The Peer Review submission considers that “further evolutionary physical changes to the site that facilitate the continuing operation of the hotel should be possible without affecting the cultural significance of the place.”  The Peer Review submission notes that although the proposed balconies will alter the external appearance of the 1920s building, its general form and appearance from the streetscape will remain recognisable.  The Peer Review concludes that the significance of the Coogee Bay Hotel will not be adversely affected by the current proposal and that its heritage impact is acceptable.

 

In relation to the proposed internal changes at ground floor level, the drawings which have been submitted do not clearly indicate the original layout, however it appears that the proposed works will not significantly impact on existing internal walls.  In relation to the proposed external changes at ground floor level, it appears that the proposed works will not significantly impact on existing external openings.  There are no heritage objections to the proposed ground floor works.

 

In relation to the proposed internal changes at first floor level, it appears that the proposed works will not significantly impact on existing internal walls.  In relation to proposed external changes at first floor level, it appears that operable glazing is proposed to the existing first floor balcony, between the existing columns.  The application also indicates a balcony above the existing awning extending across the existing Arden Street balcony and around halfway along the Coogee Bay Road frontage, with existing windows replaced by french doors to provide access to the balcony.  The railings to the existing balcony on the corner of Arden Street and Coogee Bay Road may also need to be removed.  The design of the proposed railing indicates that it will be of a simple metal design similar to the existing railing.  My comments on the Master Plan raised concerns that the proposed balcony railing will somewhat obscure the characteristic bay windowed first floor façade to Coogee Bay Road and the porticoed first floor façade of the existing balcony on the Arden Street corner.  It is considered however that given the lightweight nature of the proposed operable glazing and balcony railings, that the proposed works will not detract from the character of the building.  There are no heritage objections to the proposed first floor works.

 

In relation to the proposed internal changes at second floor level, the Statement does not comment on the impact of the proposal to remove all internal walls of residential rooms.  A consent condition should be included requiring the proposed layout to retain evidence of the original layout of the building.  In relation to proposed external changes at second floor level, the application proposes a pergola to the existing balcony on the corner of Arden Street and Coogee Bay Road.  There are concerns that the proposed pergola to the southern end of the existing balcony will detract from the symmetry of the existing projecting wing.  Approval of the proposed pergola may lead to further enclosure of the balcony by way of roofing and walling, which could significantly alter the form and massing of the building.  The application indicates five balconies to the Coogee Bay Road façade, with existing double hung bay windows replaced by french doors to provide access to the balconies.  Proposed railings are apparently in the form of a solid upstand with a pipe metal railing.  My comments on the Master Plan raised concerns that the proposed cantilevered balconies would have a heavy appearance when their undersides are viewed from street level.  A street level perspective which was submitted indicated that the rectangular form and solid upstands of the proposed balconies would considerably obscure the characteristic splayed second floor bay windows, which extend up from the first floor below, and detract from the integrity of the Coogee Bay Road facade.  The concerns I raised at Master Plan stage in relation to the visual and heritage impact of these balconies remain.  It is recommended that the proposed second floor balconies be deleted.

 

The heritage planner has recommended deletion of second floor balconies and pergola as they will detract from the integrity of the northern façade and symmetry of the projecting wing, however these balconies were approved in the Master plan subject to the design of the balconies being revised to be more sympathetic to the heritage significance of the hotel. A condition of consent will require an open vertical powder coasted balustrade consistent with other balustrade and the finishes of the building.

 

Requested retention of beams or nibs at the first floor to show the original layout of the hotel may result in an inconsistency with the Building Code of Australia therefore the recommended wording of the condition requiring this will need to be modified to ensure there is not an inconsistency between the consent and the BCA.

 

6.4     Police- Licensing Sergeant

 

The application was referred to the Licensing section of Eastern Suburbs Police. Generally, issues were raised in relation to noise and repercussion of the potential dropping of articles including glass from upper level balconies. It is considered that standard conditions of consent and a plan of management will adequately ensure these issues are addressed.

 

7.       MASTER PLANNING REQUIREMENTS

 

The site has a total area of 7,241sqm and as such pursuant to Clause 40A of RLEP 1998 a Master plan is required for the site to establish guidelines and controls for the redevelopment of the site by introducing appropriate provisions and a framework for the appropriate staging and assessment of resultant development applications.

 

A Master plan was adopted for the site on the 24 February 2004. The Master Plan was subject to the following variations:

 

1.       The relevant section of the Master Plan (including floor plans, elevations and sections) be amended to show an appropriate redesign of the Arden St and Coogee Bay Rd frontages by incorporating the following:

 

1.1   Design of the proposed balcony on the Upper Ground Floor (Arden St and Coogee Bay Rd frontages) such that it:

 

·        Is leased from Council for use an outdoor dining area.

·        Is used in conjunction with an approved restaurant/café. The balconies must not be used in conjunction with a bar.

·        Is designed by a suitably qualified structural engineer.

·        Reviews the number of supporting columns under the proposed balcony on the Arden St frontage so as to reduce obstruction, and retain, existing views from the Hotel to Coogee Beach.

 

2.       The relevant section of the Master Plan be amended to indicate the details of further surveys of patronage of the Coogee Bay Hotel to determine an actual modal split for the Hotel will be provided in the Traffic Report accompanying any development application for the proposal.

 

The submitted development application subject to deferred commencement conditions is consistent with these variations.

 

Section 5 of Clause 40A to the Randwick LEP 1998 lists a range of matters that master plans are required to address. The approved master plan detailed all of these matters and provided a set of approved plans and associated documentation including a schedule of variations and additional matters that were to be addressed at DA stage.

 

This master plan consists of the following:

 

2.     Refurbishment of the North-eastern wing located on the corner of Coogee Bay Rd and Arden St, includes the upgrade of the Beach Bar and conversion of upper floors into a new Bar and Restaurant, with new balconies added to the street frontages.

3.     Refurbishment of Coogee Bay Rd frontage bars, shops etc. New entry to Entertainment/Convention Centre.

4.     Refurbishment of Selina’s into an Entertainment/Convention Centre

5.     2 levels of New Hotel room wings above Selina’s.

6.     Improved disabled access

 

The current Development Application seeks consent to undertake the works outlined in points 1 and part of point 2. It should be noted that works to the Convention centre have an existing valid consent and are excluded from this application. All of the works proposed as part of this application have been covered under the master plan. The phasing of these works is also consistent with that approved by the master plan.

 

The approved elevations of the master plan provided for external works including new entrances, balconies and winter garden with associated pergola. The matters to be addressed as part of any development application required the consideration of the need for a pergola and the review of the design of the balconies to the second floor.

 

The applicant as part of this development application has provided a discussion on the need and appropriateness of the pergola and balconies. As part of this discussion the applicant has provided an argument that the submitted plans are consistent with the approved Master Plan elevations and floor plans and that the design has been refined for the balcony such that a shingle façade designed to the match the shingle façade to the bay windows is provided. However the Heritage Planner does not concur with the design approach of the applicant and has requested a condition of consent be imposed whereby the balustrade be amended to be more transparent in design to allow viewing of the architectural features of the building behind the balconies. Specifically the balustrade should be of powder coasted metal vertical bars to a colour and design consistent with the other proposed balustrade.

 

In relation to the review of the need for a pergola the applicant has argued that the pergola is an appropriate design element of the new winter garden making the area more attractive and comfortable. It is considered that the redesign of balustrade to the balconies is consistent with the Master Plan and the Heritage Planner’s comments and that the retention of the pergola is not inconsistent with the master plan as it did not specifically require the removal of this structure.

 

The master plan required the lodgement of an acoustic report, traffic study and details of civil works, detailed stormwater study and a public utilities services survey. All of these matters have been provided as part of the development application. The master plan did not require the lodgement of a plan of management however it has been deemed necessary to have one prepared as part of the Development Application.

 

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 3A General Business Zone under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The development application is consistent with the approved Master plan pursuant to Clause 40A for this site that is over 4000sqm. The development standards of the LEP in relation to floor space and height are not relevant to this proposal, as the works do not introduce any additional floor area of building height beyond the existing envelope of the Hotel.

 

The proposed development has been assessed against the objectives of the 3A general Business zone, and it is considered that the intensification of the existing use of the site provides employment opportunities contributing to the ongoing commercial viability of the town centre, whilst not adversely impacting on residential amenity.

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

Commercial

Clause No.

Requirement

Provided

Compliance

40

Master plan

Yes

Yes, DA is consistent with the provisions of the Master plan.

43

Heritage Item of Conservation Area

Yes

Heritage Impact Assessment undertaken by applicant and reviewed by Council’s Heritage Planner.

 

 

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     Noise and Amenity Impacts

 

Concerns have been raised by objectors in relation to noise that is likely to be generated by the hotel. Any hotel which is open late in the evening has the potential to interfere with the amenity of neighbouring residential areas, not only from noise emanating from the hotel, but also from patrons leaving the hotel. As such, there is the need for appropriate management of patrons, on and off the premises and the activities carried out within the hotel.

 

It is considered that the hotel currently has an effective plan of management in force which manages noise from the hotel and regulates the behaviour of patrons. The primary consideration with this application has been the additional noise likely to be generated by the additional capacity from the opening of the upper ground and first floors of the Hotel as public bar and restaurant. A comprehensive plan of management has been requested of the applicant to further detail the operation and management practices of the new public access areas. This plan of management is to be lodged with Council as a deferred commencement condition, and the consent only becomes operable subject to the adequacy of this plan.

 

Conditions of consent will also be imposed to limit the increased intensity of use by restricting the number of patrons on each level, requiring the closure of specific outdoor areas at certain hours, reduced hours of operation for the new upper level restaurant and bar areas and closure of windows and doors later in the evening. The balcony areas to the restaurant at first floor level will be required to crease activities at 12 midnight whilst the bar areas at first and second floor levels will be limited to 1am. It is considered that these measures will significantly reduce the potential for noise, and the incidence of large numbers of patrons exiting the premises in the early hours of the morning.

 

Notwithstanding the above, it should be noted that the site is located within the 3A General Business zone and, as such, the continued commercial use of this establishment is consistent with the objectives of the zone. The Coogee Bay Hotel contributes significantly to the economic viability of the Coogee beach area as a tourist destination.

 

The Coogee Bay Hotel is a landmark within the eastern suburbs and Sydney region in terms of its built form and use which is recognised under LEP for its heritage significance. It is therefore important that the use of the site as a hotel continues, given its historical and social significance as a beachside hotel, and its aesthetic importance as a focal point in the townscape. It is considered that the current proposal provides for an appropriate intensification of the Hotel, which will assist its on going viability whilst not adversely impacting on residential amenity.

 

9.2     Pedestrian and Vehicular access and circulation

 

Disabled access is to be improved within the site with an upgrade of the disabled access entry. The upgrade of entry points and access within the site as detailed as part of the master plan has been included in floor plans submitted for the development application.

 

The Master Plan indicated that no additional parking was sought as part of the redevelopment of the site, as the site is adequately serviced by public transport to serve the needs of patrons. Accordingly this development application does not propose any additional vehicular access or parking.

 

9.3     Car parking

 

No additional car parking facilities are proposed as part of this development application. A total of 123 car spaces are required under the numerical requirements of the DCP- Parking. The applicant has suggested three alternatives for overcoming the deficiency:

 

·        Valet parking service and stacked parking on site

·        Remote off-site parking with a shuttle transport services for patrons between the car park and hotel

·        Section 94 contributions

 

It is considered that the first two points are impractical, as there are no car parking stations within the locality that could adequately meet the demand of the hotel, and valet parking within the site is not feasible and there is insufficient area to provide sufficient stackers. There are also constraints with providing car stackers as there would be a requirement for valet service to park these vehicles, and there is limited scope within the site to provide a valet service with no area possible for drop off and pick up zones.

 

The parking requirements for a hotel should be assessed on the merits of the proposal as is suggested by the RTA Guide for Traffic Generating Development. The Parking and Traffic study supplied by the applicant calculates the peak occupancy rate for the additional floor areas and based on surveys to determine the modal split, concludes that the proposal will generate a demand for 34.5 spaces. It is considered that the Traffic and Parking Study is based on sound methodology and provides an accurate assessment of the additional demand likely to be generated for car parking. As such it is appropriate that a Section 94 construction be levied for the deficiency in parking.

 

9.4     Public Domain Impact and Improvements

 

The primary impact to the public domain as detailed in the master plan was for increase in noise levels from the additional buildings on the site which are not proposed as part of this development application. What is proposed is the refurbished entry to the hotel from Coogee Bay Rd and an intention in the future to use this entrance for queuing for the Entertainment/Convention Centre. It is considered that whilst the use of the entertainment centre is not covered by this current application, given the upgrade of the entry is proposed a condition of consent will be imposed requiring orderly and adequately managed queues along Coogee Bay Road to be detailed as part of the plan of management. An objection was received from a neighbouring property in regard to the management of patrons at this entry. It should be noted that as typically adjoining properties along Coogee Bay Rd are commercial it is preferred to have this used as the primary entrance rather than the Arden St entrance which adjoins a higher number of residences.

 

9.5     Hours of Operation

 

The proposal seeks the following hours of operation:

 

First floor restaurant

 

Mon-Wed: 7.00am-12.00am, Thurs to Sat: 7.00am-3.00am and Sun: 7.00am-12.00 am

 

Second floor bar        

 

Mon- Wed: 12.00pm-12.00am, Thurs-Sat 12.00pm-3.00am and Sun: 12.00pm-12.00am

 

It is considered that the hours of operation provided for the restaurant Sunday to Wednesday when the use ceases at 12midnight are reasonable in the context of the commercial centre. On weekends after 12midnight it is proposed that the restaurant area becomes a bar trading until 3am. It is considered that with all the approved and proposed bar areas within the Hotel with several areas providing an opportunity for patronage the use of the balcony areas as part of this bar use is unnecessary and unreasonable as it is likely that noise from these outdoor spaces will impact on neighbouring residential properties and the public domain. The above is true also for balcony areas to the upper floor (second floor) bar area. It is considered reasonable that patrons be required to move indoors after 12midnight and that all doors and windows be closed to prevent undue transfer of noise to neighbouring properties. It should be noted that similar conditions exist for other licensed premises within the area, including the Cushion Bar in the Crowne Plaza and the Coogee Beach Palace Hotel

 

The Manager of Environmental Health and Building Services has recommended that the hours of operation of the first and second floor bar areas be restricted to 1am, excluding new years eve, to limit the nuisance incidence of noise and anti social behaviour in the early hours of the morning. A suitable condition restricting the hours of operation to 1am is included in the recommendation.

 

10      FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11      CONCLUSION

 

The proposed refurbishment of the Coogee Bay Hotel has been approved as a general framework under the adopted master plan. This development application, as one of the key components of the staging of these proposed works has been assessed in accordance with the Master plan. The proposal is consistent with the adopted master plan and subject to deferred commencement conditions of consent relating to the management and operation of the premises will ensure that the ongoing operation of the hotel, will have minimal amenity impacts to neighbouring residential properties.

 

The application is recommended for approval subject to deferred commencement conditions.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent as a deferred Commencement under of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), to Development Application No. 36/04 for alterations and refurbishment of the ground floor bars and restaurant of the existing Coogee Bay Hotel and conversion of the existing accommodation at first and second floors to bar and restaurant including new balconies and pergola,  at 212 Arden St Coogee, subject to the following conditions.

 

DEFERRED COMMENCEMENT CONDITIONS

 

          The consent is not operate until the following amendment/details have been submitted and approved by the Director of Planning and Community Development:-

 

1.       The existing levels of fire safety within the premises are to be upgraded to achieve an adequate level of fire safety in accordance with the provisions of Clause 94 of the Environmental Planning & Assessment Regulation 2000 and a report, prepared by a suitably qualified BCA and Fire Safety Consultant or an Accredited Certifier, is to be submitted to and approved by Council’s Manager of Health and Building Services.

 

          The fire safety report is to take into consideration the effect of the proposed building works on the existing building including the existing Place of Public Entertainment, in particular the egress from the building and the ground floor levels adjacent to and from the beer garden.

 

          The fire safety report must detail the measures considered appropriate to satisfy the relevant performance requirements of the Building Code of Australia and be prepared generally in accordance with and the Fire Engineering Guidelines 2001 in order to protect persons using the building, facilitate their egress in the event of fire and to restrict the spread of fire. The report must also take into consideration Council’s previous fire safety notice dated 30 May 2003.

 

          The fire upgrading works must also be included in the Construction Certificate and must be implemented and certified prior to the occupation of the alterations of the building.

 

2.       A plan of management is to be submitted to and approved by Council’s Director of Planning and Community Development. The plan of management must include (but not be limited to), measures / procedures to be implemented and or adopted to:

 

§  ensure compliance with the relevant conditions of approval.

        Such detail is to outline how the practices to be adopted will ensure that nuisances will not be generated and guarantee that the LAB criteria will be complied with at all times. Also, a noise compliance management strategy (recommended by an acoustic consultant) is to be adopted.

§  minimise the potential impact of the operation of the premises upon nearby residents;

§  minimise the potential impact of the operation of the premises upon surrounding environment and public areas. Such detail is to include procedures to be adopted to ensure the public safety of persons passing the premises and public road/footpath, including measures to prevent public safety being impaired and noise minimisation.

§  effectively minimise and manage anti-social behaviour including behaviour arising from patrons using the balconies.

§  minimise noise emissions and associated nuisances. This is to include details of the sound monitoring devices and details in relation to the noise limits to be set, times, areas of monitoring etc and what follow up procedures are to be adopted when the noise levels are exceeded;

§  effectively manage and respond to resident complaints;

§  ensure responsible service of alcohol and harm minimization;

§  minimise the discharge of a large number of patrons at any one time. This is to include the implementation of a ‘progressive exit policy’. 

§  Ensure the orderly and appropriate queuing of patrons for the use of the Entertainment/Conference centre.

§  Restriction on the use of glass at upper level bars and on balcony areas.

 

3.       The proposed balconies to the Coogee Bay Road façade of the building to the second floor level will detract from the integrity of the northern façade of the building.  Amended drawings showing an alternative treatment to the balustrade to allow for a transparent design are to be submitted to and approved by Council’s Director of Planning and Community Development. The design shall be consistent with the balustrade to the lower level.

 

4.       The colours, materials and finishes of the external surfaces to the building, including window and door frames and balcony railings, are to be compatible with the existing building.  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.

 

5.       Details of the proposed paint scheme are to be submitted to and approved by Council’s Director of Planning and Community Development.

 

6.       The number of supporting columns under the proposed first floor balcony shall be in accordance with the submitted variation to the master plan and plans submitted to Council on the 7 June 2004.

 

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

 

Subject to compliance with the deferred commencement conditions, 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 36/04 for Alterations and refurbishment of the ground floor bars and restaurant of the existing Coogee Bay Hotel and conversion of the existing accommodation at first and second floors to bar and restaurant including new balconies and pergola.  at 212 Arden St Coogee subject to the following conditions:-

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA-40 through to 45 and 48 through to 51 project number 03067 Issue 1 undated submitted 29 January 2004, HSK-01 job number 04893 sheet 1 of 3 through to 3 of 3 Issue A, dated Jan 2004 and submitted 29 January 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 and the details/amendments provide pursuant to the deferred commencement conditions:

 

2.       The balconies to the first floor level (upper ground floor on plans) shall only be used in conjunction with the proposed restaurant and the service of alcohol in these areas must take place with the provision of a meal as defined by the NSW Liquor Act 1982.

 

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.

 

5.       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.

 

6.       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.

 

7.       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.

 

8.       The proposed first floor layout is to incorporate where possible beams or nib walls as evidence of the original layout of the building and to facilitate retention of existing ceilings. Amended drawings 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.

 

9.       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.

 

10.     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 car parking in lieu of 34 car parking spaces being

        provided on site                                                                                $268,668.00

b)     Administration fee                                                                                    $425.00

 

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

 

Fire Safety Conditions

 

11.     Buildings in which there is a change of building use must comply with the category 1 fire safety provisions applicable to the proposed new use, in accordance with clause 93 of the Environmental Planning and Assessment Regulation 2000, unless an exemption is in force under clause 187 or 188 of the Regulation.  Details of compliance are to be provided to the principal certifying authority and the Council, prior to issuing an occupation certificate.

 

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

 

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

 

13.     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.

 

14.     The east and north facing first floor and second floor balconies are to be designed by a qualified, consulting, structural engineer to accommodate all loads, including live loads, in accordance with the BCA in full and the relevant Australian Standards and all details must be provided with 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:

 

15.     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.

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     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”.

 

25.     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.

 

26.     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.

 

27.     If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

          If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

          The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

          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.

 

28.     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.

          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.

 

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

 

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

 

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

 

30.     No public entertainment is to be provided on the first and second floor levels of the premises unless a further development application (under the Environmental Planning & Assessment Act 1979) and local approval application (under the Local Government Act 1993) is submitted to and approved by Council.

 

31.     The restaurant located on the first floor level shall contain a maximum of 200 patrons (including balcony areas), with a maximum of 110 patrons on the balconies, at any one time.

 

32.     The bar located on the second floor level shall contain a maximum of 200 patrons (including balcony areas), with a maximum of 115 patrons on the balconies, at any one time.

 

33.     Suitably worded signage is to be provided to the balcony areas on the first floor and second floor levels stating the allowable number of persons to be positioned at any one time.

 

34.     Windows and doors located on the ground floor level are to be closed at 12:00 midnight, seven (7) days per week and whenever public entertainment is provided at ground floor level.

 

35.     The windows and doors to the first and second floor levels (including all balcony areas) are to be closed and locked at 12:00 midnight, seven (7) days per week (other than for required egress purposes). Patrons are to be relocated inside the building from the balconies by 12:00 midnight (excluding the enclosed Winter Garden area).

 

36.     The proposed bar areas on the first and second floor levels must cease the sale of alcohol at 1:00am (except on new years eve in which trading may continue up to 3:00am)

 

37.     The handrails and balustrades located on all balconies shall be designed so as not to facilitate the placing and/or storing of articles, glasses and the like.

 

38.     Adequate barriers shall be provided on all balconies at floor level so as to ensure that articles, glasses and the like are unable to be knocked or kicked off the balcony areas onto surrounding footway and road areas.

 

39.     The LA10 noise level emitted from the licensed premises shall not exceed the background noise level LA90 in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

          The LA10 noise level emitted from the licensed premises shall not exceed the background noise level LA90 in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12.00 midnight and 7.00am at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

          Notwithstanding compliance with the above, noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

 

          Details and measures proposed to ensure compliance with the above criteria is to be itemised within the management plan.

 

40.     The proposed use and 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).

 

41.     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.

 

42.     The maximum internal level of noise in the form of background music within the restaurant and bar areas located on the first and second floor levels must not exceed L10 of 75dB(A) at all times or as otherwise stated within section 5.2 of the acoustic report prepared by Renzo Tonin & Associates Pty Ltd, dated 4 May 2004 (Ref No.TB441-02F02 (Rev3)).

 

43.     A compliance report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council within 3 weeks of an occupation certificate being issued and annually thereafter, 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 Industrial Noise Policy Noise Control Manual (sleep disturbance) and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

44.     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.

 

45.     Security guards or a specially appointed members of staff must be provided at all times, identified as such by uniform (or the like), to take all reasonable steps to prevent noisy and unruly behaviour of patrons attending or departing the premises.  The security guards are to patrol the locality until half an hour after close or until the last patron leaves the vicinity of the hotel, which ever is the later.  The number of security guards and patrol locations must be in accordance with the current Liquor License.

 

46.     The number of persons permitted in the premises is not to exceed the authorised capacity at any times and the capacity is to be monitored using a hand held counting device carried out by a specifically appointed manager or duty officer, issue of numbered tickets, supplemented by a periodical head count by a specially appointed manager or duty officer or other suitable process.

 

47.     The licensee must establish and maintain a formal and documented system for the recording and resolution of complaints made to the licensed premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty Manager is to contact the complainant within 48 hours to confirm details of action taken.

 

48.     Upon reasonable prior notice, the licensee must make available the incident book to the police and Council officers.

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

 

49.     The premises is 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 the documentation for the construction certificate to the satisfaction of the certifying authority.

 

50.     Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

·      Food handling – skills, knowledge and controls.

·      Health and hygiene requirements.

·      Requirements for food handlers and businesses.

·      Cleaning, sanitising and maintenance.

·      Design and construction of food premises, fixtures, fitting and equipment.

 

51.     The design and construction of food premises must comply with the following requirements, as applicable:-

 

·      The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non  slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

 

·      The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

·      Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

 

·      The glazed tiling or other approved material should extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops or other facilities and equipment.

 

·      Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

·      The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

 

·      All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc…. to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

·      Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

·      Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings.  An electronic insect control device must also be provided within the food premises.

 

·      Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

 

·      A mechanical ventilation exhaust system hood is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, in accordance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

·      Wash hand basins must be provided in convenient positions, with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

 

·      Ceramic tiles being provided to a height of 450mm above bench tops, wash hand basins and similar fittings.

 

·      A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

 

·      All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

52.     Storage rooms and the like associated with food preparation, cooking, etc are to be upgraded so as to comply with the provisions of the Food Act 2003, Food Regulation 2004 and Food Standards Code and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

53.     Details of proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of relevant documentation is to be provided to Council.

 

54.     A certificate or statement must be provided to the certifying authority and the Council, from a suitably qualified person, prior to occupation, which confirms that the mechanical ventilation system satisfies the relevant requirements of the Building Code of Australia and Australian Standards AS 1668 Parts 1 & 2.

 

55.     Liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to the commencement of related works.

 

56.     The disposal of waste materials in the domestic garbage service is not permitted.  All waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed service to serve the development are to be submitted to Council prior to occupation of the building.

 

57.     Council must be notified in writing, upon completion of the work and prior to the issuing of an occupation certificate, to enable the premises to be inspected by Council’s Environmental Health Officer and the premises must be registered with the Council as a food premises prior to occupation of the premises.

 

          Registration and inspection fees must be paid to Council on an annual basis/upon inspection, in accordance with Council’s current adopted Pricing Policy.

 

The following conditions have been applied to ensure compliance with Local Government Legislation and Policies of Council:

 

58.     Legionella control – cooling towers, evaporative cooling systems, humidifying systems, warm water systems, water cooling systems must be registered with the Council prior to occupation and on an annual basis and the systems are to be maintained and certified in accordance with the provisions of the Public Health Act, 1991.

 

          The premises is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.

 

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

 

59.     Access and facilities for people with disabilities must be provided in accordance with the relevant provisions of the Building Code of Australia

 

Security Deposit Conditions

 

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

 

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

 

          $4000.00           -           Damage / Civil Works Security Deposit

 

61.     The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon a satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge and upon the completion of the civil works as conditioned in this development consent by Council. The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

Traffic conditions/Civil Works Conditions

 

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

 

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

 

          i.      Re-construct the footpath along the Coogee Bay Road frontage (of the redeveloped portion of the site) in accordance with Council’s Urban Design guidelines for Coogee. This shall include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

          It is noted that whilst the applicant is only required to reconstruct the section of footpath that fronts the north-eastern corner of the site (i.e. the section of the site being redeveloped), the applicant shall purchase sufficient pavers to complete footpath reconstruction works along the full site frontage. This requirement is included to ensure that when the remainder of the site is redeveloped/modified (in accordance with the master plan), there will be sufficient pavers of the same colour and style available to complete the footpath works along the full site frontage.

 

          The pavers that are not used to complete the section of footpath in front of north-east corner of the site shall be stored at the Council Depot until they are required.  The applicant is advised to contact Council Landscape technician on 9399 0613 regarding this matter.

 

64.     The applicant shall note that all external work carried out on Council property (with the exception of the proposed balcony structure), 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 checking 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.

65.     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, 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.

 

Conditions relating to construction of balconies over Council’s road reserve:

The following conditions are applied to provide adequate consideration to works constructed over Council’s road reserve:

 

66.     Consent under section 138 of the Roads Act 1993 shall be obtained from Council for the construction of the proposed balcony along the Arden Street and Coogee Bay Road site frontages. The Section 138 consent shall be obtained prior to the commencement of any works in the road reserve.

 

          A copy of the Section 138 consent shall be forwarded to the certifying authority prior to works commencing in the road reserve.

 

67.     All works on the proposed balcony structure along the Arden street site frontage shall be undertaken by a Council approved contractor. The contractor engaged to undertake the works must hold full public liability in relation to any claims sustained as a result of construction of the balcony and supporting structures.

 

          The contractor must keep a policy of public risk insurance with respect to the works on Council property. The limit of public risk shall be not less than $10,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount, which may be paid arising out of any one single accident or event.

 

          NOTES:

a.     The policy shall extend to cover death or injury to any person and damage to property of any person sustained when such person is using or entering the proposed balcony area or the public footway directly beneath the balcony.

 

b.     The policy must name the Council as the owner and the contractors undertaking the work as the insured and must contain a clause that the insurer will not change the insurance without first giving the Council ten (10) days prior written notice.

 

c.     The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be submitted to Council prior to the commencement of work on Council property.

 

68.     A minimum 2 metre wide unimpeded pedestrian footway shall be maintained along Arden Street and Coogee Bay Road at all times during construction of the balconies.

 

69.     Prior to erecting any scaffolding/formwork to facilitate construction of the balcony structures, the applicant shall obtain an A-class hoarding permit. The applicant is advised to Contact Council Building Certification Unit (9399 0878) regarding this matter.

70.     Any metal parts of the proposed balcony shall be at least 4 metres from any power lines transmission lines or transmission apparatus.

 

71.     The balcony and supporting elements shall be designed by a suitably qualified structural engineer. The structure shall be designed to withstand vehicle impact and removal of any one column.

 

72.     The new balcony (and supporting columns) shall be set back at least 1 metre from the face of kerb in Arden Street and Coogee Bay Road. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

73.     The supporting elements/footings for the balcony over council’s footpath shall be founded on rock or extended below a 30 degree line taken from the level of any services in the road reserve.  This condition has been included to ensure that excavation works required to access services will not undermine the column foundations.

 

74.     The buildings within the site must be structurally independent of the balcony so that if the balcony needs to be removed, the structures on site will not be affected.

 

75.     The balcony structure over Council’s footpath shall be designed to ensure that any stormwater runoff from the balcony area is directed back into the site stormwater system. Stormwater runoff must not fall onto the footpath beneath the balcony area.

 

76.     Prior to an occupation certificate being issued for the development, a positive covenant and restriction under section 88E of the Conveyancing Act 1919 shall be registered on the title of the subject property, which provides for:-

 

77.     The registered proprietors of the Lot(s) burdened to clean, maintain, renew and repair the balcony (including all supporting structures) located over the public footway along the Arden Street and Coogee Bay Road site frontages, with all works being undertaken to the satisfaction of Council;

 

78.     The registered proprietors of the Lot(s) burdened to hold full public liability in relation to any claims sustained as a result of the balcony and supporting structures;

 

79.     The registered proprietors of the Lot(s) burdened to keep a policy of public risk insurance with respect to the balcony along the Arden Street and Coogee Bay Road site frontages. The limit of public risk shall be not less than $10,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount, which may be paid arising out of any one single accident or event.

 

          NOTES:

 

a.     The policy shall extend to cover death or injury to any person and damage to property of any person sustained when such person is using or entering the balcony area or the public footway beneath the balcony.

b.     The policy must name the Council as the owner and the registered proprietors of the Lot(s) burdened as the insured and must contain a clause that the insurer will not change the insurance without first giving the Council ten (10) days prior written notice.

 

c.     The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be delivered by the registered proprietors of the Lot(s) burdened to the Council.

 

80.     The registered proprietors of the Lot(s) burdened to enter into a formal lease agreement to use the balcony. All costs associated with the rental evaluation, lease preparation and legal costs incurred by the lessor shall be covered by the lessee.

 

81.     No structures to be erected, nor goods to be stored, nor any work carried out in, on or over the public footway other than those approved by Council.

 

82.     The registered proprietors of the Lot(s) burdened to meet the full cost for the balcony structure located over Council’s footpath to be removed (and the area reinstated to the satisfaction of Council), if either:-

 

83.     The duration of the lease agreement expires and a new lease is not entered into; or

          The lessee fails to comply with the terms of the lease agreement and/or Council determines that the balcony is posing as a safety hazard.

 

84.     The positive covenant and restriction to not be released, varied or modified without the consent of the Council.

 

          The proposed wording for the positive covenant shall be prepared by suitably qualified legal advisors and shall be to the satisfaction of Council. All costs associated with creating, reviewing and registering the 88E instrument shall be met by the applicant.

 

85.     The balcony areas located over Council’s footpath (in public airspace) must not be used until a formal lease agreement with Council has been entered into.

 

Alignment Level Conditions

 

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

 

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

 

·      Coogee Bay Road Frontage: 90mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

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

 

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

 

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

 

88.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1353 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

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

 

89.     The applicant will be required to meet the full cost for all overhead cables located along the Coogee Bay Road and Arden Street site frontages to be relocated underground. The applicant shall liaise directly with the relevant service authorities regarding this matter.

 

90.     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.

 

91.     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.

 

92.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.  In particular, the applicant shall ensure that the service authorities do not object to the location of the proposed columns supporting the balcony along the Arden Street and Coogee Bay Road site frontages.

 

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

 

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

 

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

 

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

 

Drainage Conditions

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

 

External Drainage

 

94.     All stormwater runoff from the new/redeveloped roof areas shall be discharged to Council’s underground drainage system in either Arden Street or Coogee Bay Road, via a new and/or existing kerb inlet pit. It is noted that all kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD6.

 

95.     With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

96.     All areas of Council’s footpath and roadway affected by the proposed drainage works shall be reinstated to the satisfaction of Council’s Manager of Assets.

 

97.     All drainage details for works on Council property shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans and relevant standards. The plans and specifications for all works on Council property shall be submitted to and approval by the Director of Asset and Infrastructure Services prior to the issuing of a construction certificate.

 

98.     A work-as-executed plan prepared and signed by the hydraulic engineer or a registered surveyor, must be submitted to Council's Director of Asset and Infrastructure Services prior to the issuing of an occupation certificate. The plan shall detail the as-constructed details for all works within Council’s road reserve (including detailed levels).

 

Internal Drainage

 

99.     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 (i.e. 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.

 

g)     The details of any special features that will affect the drainage design

 

100.   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.

 

101.   A reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council’s drainage system does not surcharge back into the site stormwater system.

 

102.   A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging to Council’s 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 located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar).

·      A child proof and corrosion resistant fastening system for the access grate (spring loaded j-bolts or similar).

 

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

 

·      A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

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

 

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

 

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

 

105.   Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include details of the levels, location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes.

 

106.   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.

 

Waste Management Conditions

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

 

107.   Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for the development site, post construction.

 

Landscape Conditions

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

 

108.   The applicant shall submit a landscape design for the Coogee Bay Road frontage of the development in accordance with Council’s Urban Design Guidelines for Coogee. The landscape design shall include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

109.   The Landscape Design plans shall be submitted to and approved by Council’s Director of Asset and Infrastructure Services in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the certifying authority issuing a construction certificate for the development.

 

All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

 

Advisory Conditions

 

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

 

A2.    For the purposes of the consent conditions;

 

§  the ground floor level is identified as the lower ground floor level as detailed in the plans submitted with the application;

§  the first floor level is identified as the upper ground floor level as detailed in the plans submitted with the application;

§  the second floor level is identified as the first floor level as detailed in the plans submitted with the application.

 

A3.    The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA). In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part B1        -         Structural provisions

b)     Part C1        -         Fire resistance

c)     Part C2        -         Compartmentation and separation

d)     Part D1        -         Egress

e)     Part D2        -         Construction of exits

f)      Part D3        -         Access for people with disabilities

g)     Part E1         -         Fire fighting equipment

h)     Part E2         -         Smoke Hazard Management

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

j)      Part F4         -         Light and ventilation

 

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

 

A4.    A lease agreement must be entered into between the owner of the premises and Council in relation to the use of Council’s airspace for the footway dining and balconies.

 

 

ATTACHMENT/S:

 

Architectural plans

 

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR OF PLANNING &

ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 


 

Director Planning & Community

Development's Report 109/2004

 

 

SUBJECT:

161-167 Dolphin Street, COOGEE

 

 

DATE:

3 December, 2004

FILE NO:

D/0819/2002

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

INTRODUCTION:

 

Attached is Development Application Report No 819/2002 for alterations and additions and conversion of an existing serviced apartment building containing 81 apartments to a multi-unit housing building containing 45 dwellings and re-subdivision of the existing strata plan.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

Development Application Report dated 19 November 2004 2004.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID PIRIE

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

19 November, 2004

FILE NO:

D/0819/2002

 

PROPOSAL:

 Alterations and additions and conversion of an existing serviced apartment building containing 81 apartments to a multi-unit housing building containing 45 dwellings and re-subdivision of the existing strata plan.

PROPERTY:

 161-167 Dolphin Street, Coogee

WARD:

 East Ward

APPLICANT:

 Feteni Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

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

 

The application proposes alterations and additions to and the conversion of the ‘Coogee Sands Apartments’, an existing serviced apartment building at 161-167 Dolphin Street, Coogee, to a multi-unit housing building.  The conversion of the motel use on the site to the Coogee Sands Apartments with increased floor space and additional storeys was the subject of a Land and Environment Court decision in March 1995.  The approval included bonus floor space (approved FSR of 2.8:1) as a ‘tourist’ development.

 

It is proposed to convert the 81 existing service apartments to 45 dwellings, consisting of 6 x studio apartments, 36 x one (1) bedroom apartments and 3 x two (2) bedroom apartments.

 

The application has been amended five (5) times since its lodgement, three (3) times in response to issues raised by the Design Review Panel, particularly in regard to the amenity of the proposal for future residents, in terms of the lack of cross ventilation, privacy of balconies and courtyards, inconvenient access arrangements; and minimal level of landscaping to the rooftop terraces. 

 

The latest amended plans were lodged with Council on 15 November, 2004, to address the Panel’s concerns and while overall the scheme has been improved with respect to ventilation, the design of the western corridor, the amalgamation of some apartments, and roof top landscaping, as a result of the lengthy process of consultation with the Design Review Panel, the fundamental issue, initially arising from the proposal, however, has failed to be adequately addressed.  This relates to the level of acoustic amenity that future residents will enjoy, located adjacent to the Coogee Beach Palace Hotel recognised as a potential noise source to the future occupiers.

 

The Coogee Palace Hotel adjoins the site to the east along its Dolphin Street frontage, with an access way along the eastern boundary of the site from Bream Street and has been the primary objector during the course of the application, principally on the grounds of the fundamental incompatibility of use between the Beach Palace Hotel and the proposed residential development. 

 

In order to address the potential noise issues that may arise to future occupiers of the residential units, the applicant was requested by Council to provide an acoustic report with recommendations for adequate mitigation measures to ameliorate the noise impacts to the proposed residential units.  Despite the applicant’s three attempts at preparing an adequate acoustic report, undertaken over approximately a period of one year, there remain fundamental flaws still existing within the acoustic report. 

 

Primarily, the applicant is reliant on the Hotel complying with its own Hotelier’s License requirements in regard to intrusive noise in order for noise levels affecting the proposed apartments to be acceptable and has put no significant design effort into ensuring that the Hotel’s music intrusion levels are reduced to levels which would protect the acoustic amenity of future occupants of the proposed residential apartments. 

 

It has been established in the Land and Environment Court that a consent authority cannot require an existing lawful development to modify its operations to mitigate any incompatibility between it and a proposed development.  Council is accordingly bound to take into consideration the lawful operation of the Beach Palace Hotel when determining this development application.  However, Council is not obliged to impose the Liquor Administration Board noise criteria on the proposed development.  The conditions of a Hotelier’s licence for another property are not reasons of themselves upon which Council should determine the subject application on its merits.

 

At the present time it is understood that the Coogee Palace complies with the harm minimisation conditions of the Liquor Administration Board, nevertheless, the approval of the proposed development may result in significant potential for conflict between the Beach Palace Hotel and the Coogee Sands residential development.

 

As such, development consent should only be granted if conditions can be imposed on the consent that ensure acoustic amelioration can be carried out to the proposed development itself to provide reasonable levels of acoustic amenity within the proposed residential units and to the proposed balconies.

 

Council has had advice from an independent acoustic consultant that in order for the proposal to comply with the acoustic criteria it would require the double glazing of all existing and proposed windows and doors on the eastern and southern sides of the proposed development and may require the enclosure of the southern terraces and at least some of the balconies on the eastern façade or the introduction of some form of acoustic barriers.  These are significant changes to the design, which would give no certainty as to the external appearance of the building and therefore cannot be subject to a conditional approval.  As such, the recommendation is for refusal. 

 

2.       THE PROPOSAL

 

The application proposes alterations and additions to and the conversion of the ‘Coogee Sands Apartments’, an existing serviced apartment building at 161-167 Dolphin Street, Coogee, containing 81 existing service apartments to a multi-unit housing building containing 45 dwellings and as a consequence, the change of use thereby entailed.  As well, the application proposes the amendment of the existing strata plan (Strata Plan 63625) by way of re-subdivision of Lots 1-130 and common property and the allocation of car spaces to individual units to reflect the new configuration and building use.

 

The proposed works involve the following:-

 

·        Internal re-configuration of existing studio apartments on Levels 1-6, to form 6 x studio apartments, 36 x one (1) bedroom apartments and 3 x two (2) bedroom apartments;

·        Converting the existing office and staff rooms to storage areas (Ground and Level 1);

·        Demolishing the existing common laundry and converting it to storage areas (Level 1);

·        Demolishing existing guest transit room and converting it to two (2) additional car spaces (Level 1);

·        Provision of additional east facing balconies, with privacy screens at a height of 2.2m between balconies and louvred shutters to their eastern facades (Levels 3-6)

·        Provision of fixed adjustable louvres along the western elevation of the internal corridor on Levels 2-5.

·        The introduction of highlight windows to the internal corridor from bathrooms and kitchens of apartments in order to provide cross-ventilation.

·        Introduction of fixed diffuse glass to Bedroom 1 of Unit 208 to address issue of overlooking to northern units adjacent and below.

·        Privacy screens added to bedroom windows of units affected by internal overlooking (Units 307, 408, 507).

·        Introduction of vergolas to common roof areas and also to southern terrace areas on Level 4 to minimise overlooking from common roof area.

·        Landscaping to the common roof top area.

·        Increased width to the courtyard planter box.

·        Repositioning of fire doors from the western corridor to the lift lobby.

·        Inclusion of glass blocks within the western wall of the lift lobby.

·        Introduction of alcoves along western corridor.

 

Figure 1: Apartment mix and attributes

 

 

*       Note: the plans do not show a unit numbered 309

**     Subject to BCA performance based solution.  Note other apartments located along the internal western corridor have been modified to allow ventilation into the corridor

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

Figure 2 Locality map

 

The subject site is located at the northern end of Coogee Beach at the eastern end of Dolphin Street and is bounded by Bream Street to the north and Dolphin Street to the south (refer Figure 2 above).  The site is identified as Lot 2 in DP 1009525 and is generally known as 161-167 Dolphin Street, Coogee.  The site is regular in shape, having a total site area of approximately 1154.6m2.

 

Figure 3 – subject site from Dolphin Street

 

Existing on the site is a seven (7) storey building to Dolphin Street with recessed upper levels, having a predominantly five storey appearance to Dolphin and Bream Streets (refer Figures 3 and 4).  The existing building addressing Dolphin Street is of rendered brick and glass construction.  Pedestrian access to the building is via an entry foyer and reception area located at street level, with an internal lift providing access from the ground floor to Level 5 of the building.  Vehicular access to the two (2) car parking levels (part Ground Level and part Level 1) is via a two lane driveway to the east of the entry foyer.

 

 

Figure 4: subject site from Bream Street

 

The surrounding area is characterised by a mix of commercial, retail, residential and recreational uses. The site is located immediately adjacent to the west of the Coogee Palace Hotel, a listed heritage item, on the corner of Dolphin and Beach Streets (169-181 Dolphin Street- refer Figure 5).  The site is also in close proximity to another heritage item being ‘Juvina’ an inter-war Art Deco residential flat building at 182 Arden Street (also known as 82 Bream Street).

 

Figure 5: Coogee Palace Hotel

adjoining the site to the east

 

The Coogee Palace Hotel adjoins the site to the east along its Dolphin Street frontage, with an access way along the eastern boundary of the site from Bream Street.  Immediately adjoining the access way to the east, at the corner of Bream and Beach Streets is a four storey residential flat building at 88 Bream Street (also known as 124 Beach Street), having a ground floor shop located on its Beach Street frontage.  Also adjacent the property to the east of the access way and having frontages to Beach Street are 126 Beach Street, a three storey building (shop at ground level and flats above) and 130 Beach Street, a four storey strata titled mixed use residential and commercial building (refer Figures 6 and 7).

 

Figure 6: 88 Bream and 126 and 130 Beach Street

and right of way to east of site

 

Figure 7: 88 Bream Street

looking south along Beach Street to the Beach Palace Hotel

 

Located immediately adjoining the site to the west on its Dolphin Street frontage is a five storey mixed use development known as 155-159 Dolphin Street (its relationship with the subject site can be seen in Figure 8), while along its Bream Street frontage the site is adjoined by two residential flat buildings (84-86 Bream Street – refer Figure 9).  Immediately to the north of the site, separated by Bream Street is a mix of residential development characterised by residential flat buildings and semi- detached dwellings.  To the south of the site separated by Dolphin Street is a public carpark.  Adjoining Dolphin Street and the public car park is a foreshore recreation area (Goldstein Reserve) and Coogee Beach (refer Figure 10).

 

Figure 8: 155-159 Dolphin Street

adjoining the subject site to the west

 

Figure 9: Development immediately to the north

 of the site on the opposite side of Bream Street

 

 

Figure 10: View to south-east from the subject site.

 

 

4.       RELEVANT SITE HISTORY

 

Development Application No. 187/1994 sought consent for alterations and additions, including additional levels, to the existing motel building to create an additional 30 rooms and the change of use from the existing motel (Coogee Sands Motel) to serviced apartments.  The application also proposed the strata subdivision of the building into a total of 84 (later amended to 81) serviced apartments.  The application was refused by Council at its meeting on the 20th Se ptember, 1994 and was subsequently the subject of an appeal in the Land and Environment Court.

 

The appeal in the Land and Environment Court was upheld and in the decision handed down on 3 March, 1995, it was determined that the proposal was not an overdevelopment of the site, rather the existing, unattractive building would be improved by the proposed architectural treatment.  As such, the development application for the conversion of the Coogee Sands Motel into 81 serviced apartments and subdivision pursuant to the Strata Titles Act was determined by the Court on 3rd March, 1995, by the granting of consent subject to conditions.  The approved floor space ratio (2.8:1) included a bonus for ‘tourist’ development for the serviced apartment use of the building then applicable under Local Environmental Plan No. 71.  The current standard under Randwick Local Environmental Plan 1998 is 1.5:1.

 

4.1     APPLICATION HISTORY

 

The present application was the subject of a pre-lodgement application (PL/30/2002).  The pre-lodgement application proposed the conversion of the serviced apartments involving internal alterations and minor external alterations and the necessary amendments to the existing strata plan. 

 

A meeting was held on 12th August, 2002, with Council Officers and written advice issued in regard to the re-development concepts for the site.    This advice identified issues in regard to privacy and overlooking from balconies to properties to the east of the site; necessity to improve the amenity of the existing private and common roof top terrace areas with appropriate landscape treatments; parking; storage requirements; requirement for an amended strata plan; requirement for colour and materials sample board for any external changes to materials, colours and finishes for the building; and a waste management plan. 

 

The application was lodged on 28th August, 2002 and was advertised and notified until the 24th September, 2002.  As a result of the notification and advertising of the application, a number of on-going various submissions were received on behalf of Jomaring Pty Ltd, the owner of the Beach Palace hotel, restaurant and entertainment complex adjoining the site at 169-189 Dolphin Street, Coogee, including D R Kingston, Director of Jomaring Pty Ltd; Andrew Joliffe, Group General Manager, Palace Group of Hotels; Dr Lindsay Taylor, Partner of Phillips Fox; Design Collaborative Pty Ltd, Planning and Development Consultants; Steven Cooper, Acoustics Pty Ltd, Consulting Acoustical and Vibration Engineers (the issues identified in their submissions are outlined in Section 5.1 of the report).

 

In regard to amelioration of noise impacts from the Beach Palace Hotel and to ensure an adequate level of amenity for future residents, the applicant was requested to lodge an acoustic report identifying noise levels affecting the subject site and detailing appropriate mitigation measures. 

 

Following the applicant’s submission of two unsatisfactory acoustic reports prepared by Halferin Pty Ltd, one dated 28 February, 2003 and the other 15 April, 2003, and a number of meetings with the applicant, Council engaged an independent acoustic consultant (Renzo Tonin and Associates) to conduct a peer review of the reports.

 

A critical review of the Halferin Reports prepared by Renzo Tonin Pty Ltd, dated 15 October, 2003, identified the following in regard to the applicant’s acoustic reports:-

 

·        the reports failed to address impacts from intrusive music in terms of octave band details as required by the EPA and consequently do not provide adequate acoustic design advice to ameliorate noise impacts;

·        the reports failed to provide an assessment of traffic noise intrusion;

·        the reports do not address sleep disturbance impacts from patrons entering and exiting the carpark and Palace Hotel in accordance with EPA guidelines;

·        the reports failed to address the correct noise criteria for music impacts, i.e. the standard Liquor Administration Board (LAB) criteria;

·        the reports do not adequately present background and ambient noise levels and place doubt over the project specific noise levels;

·        the reports incorrectly calculate noise intrusion levels especially important when calculating the required acoustic performance of the building’s glazing;

·        the reports do not justify why noise monitoring was conducted at the front of the site rather than at more sensitive locations;

·        the reports use incorrect criteria when assessing air conditioning plant noise; and

·        the reports have not correctly set noise specific criteria for music and activity noise intrusions from the Palace Hotel. 

 

The results of the Renzo Tonin review were notified to the applicant on 27 October, 2003 and were the subject of a meeting held with the applicant on 11 November, 2003.

 

A further acoustic report prepared by PKA Consulting in association with Halferin Pty Ltd, was received by Council on 19 February, 2004 and was reviewed by Renzo Tonin and Associates Pty Ltd on behalf of Council, who identified that fundamental flaws still existed within the PKA report.

 

Due to the applicants failure to satisfactorily address the fundamental noise issues pertaining to the application, Renzo and Tonin and Associates were asked to advise Council whether it was possible to condition a consent to address the noise issues.   This issue is discussed in the main body of the report (refer Section 9 of this report).

The application has been amended five (5) times since its lodgement, three (3) times in response to issues raised by the Design Review Panel, particularly in rega