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

 

 

30th November, 2004

 

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

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

 

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

 

Quorum:                                      Eight (8) members.

 

NOTE: AT THE EXTRAORDINARY MEETING HELD ON 28TH SEPTEMBER, 2004, THE COUNCIL RESOLVED THAT THE HEALTH, BUILDING AND PLANNING COMMITTEE BE CONSTITUTED AS A COMMITTEE WHOSE MEMBERSHIP CONSISTS OF ALL MEMBERS OF THE COUNCIL AND WITH FULL DELEGATION TO DETERMINE MATTERS ON THE AGENDA.

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 9TH NOVEMBER, 2004.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Mayoral Minutes

 

6           Development Applications

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 98/2004 - 38 CLIFFBROOK PARADE, CLOVELLY.

2

 

6.2                        

DEVELOPMENT APPLICATION REPORT - 159-171 ANZAC PARADE & 1 LORNE AVENUE, KENSINGTON.

79

 

6.3                      

DEVELOPMENT APPLICATION REPORT - 219 STOREY STREET, MAROUBRA.

100

DE.

6.4                      

DEVELOPMENT APPLICATION REPORT - 28 ARCADIA STREET, COOGEE

137

 

6.5                      

DEVELOPMENT APPLICATION REPORT - 330 ANZAC PARADE, KENSINGTON.

208

 

6.6                      

DEVELOPMENT APPLICATION REPORT - 24 BROOME STREET, MAROUBRA.

267

 

6.7                      

DEVELOPMENT APPLICATION REPORT - 4 WILSON STREET, MAROUBRA.

279

 

6.8                      

DEVELOPMENT APPLICATION REPORT - 9-15 WILLIAM STREET, RANDWICK.

290

 

6.9                      

DEVELOPMENT APPLICATION REPORT - 98-104 BEACH STREET, COOGEE.

368

 

 

7           Miscellaneous

 

7.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 99/2004 - RANDWICK CITY PLAN - HERITAGE REVIEW AND DRAFT HERITAGE LEP AND HERITAGE DCP.

375

 

 

8           General Business

 

9           Notice of Rescission Motions

 

 

 

 

…..……………………..

GENERAL MANAGER


 

Director Planning & Community Development's Report 98/2004

 

 

SUBJECT:

38 Cliffbrook Pde Clovelly

 

 

DATE:

17 November, 2004

FILE NO:

D0447/2004

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

Development Application No. 447/04 was deferred at the Health Building and Planning Committee meeting of the 9 November 2004 to invite both parties to a mediation session to address the issues of the height of the building and roof top access to the terrace.

 

The applicant did not agree to the process of mediation opting for an alternative design solution in relation to the roof top access. The application is therefore referred to the Health Building and Planning Committee for consideration based on the amended set of plans.

 

AMENDED PLANS:

 

The following response to the request for mediation was submitted by the applicant:

 

Given that the focus of Council's concerns is the topmost part of the building, the stair enclosure leading to the roof terrace, the applicant's position is that mediation is neither necessary nor is it likely to be very productive in this case.

 

Following the Council meeting, we have carefully reviewed the design of the building in this area with the aim of reducing the width and height of the stair enclosure to a functional minimum so as to further improve shared ocean views from the building to the north.

 

We attach a PDF file of our composite drawing illustrating significant (40%) reduction in the width of the enclosure.  The length of the flanking walls and of the roof overhang on the south side have also been reduced by about a metre, resulting in further reduction in overall ridge height.

 

In our opinion, the combined effect of these amendments fulfils the key objective of the Council's invitation to applicant to review, i.e. the exploration of potential for reduction of mass at the highest point of the proposal to the absolute practical minimum.

 

The following is the photo montage provided by the applicant indicating the extent of stair enclosure that is to be reduced by the proposed amendment:

 

 

The above montage shows the new location of the stair access as viewed from the living room window of 3/3 Lowe Street, with an increased setback of 1500mm from the western boundary. This additional setback provides for improved sightlines of the blue horizon where previously some 7.5sqm of roof area was visible.

 

It is considered that no further modifications to the roof and stair access can be undertaken without compromising the design of the proposal and affecting access to the roof terrace. As discussed in the Director of Planning and Community Development’s  Report dated 14 October 2004 (attached) the extent of view loss is not considered to be unreasonable and does not warrant refusal of the application. It should also be noted that with this current modification the external wall height is reduced to 8.8m as opposed to the original 8.9m.

 

As part of the amended plans the previously recommended condition of consent No. 3 which lowered the garage roof to a maximum height of 3.5m has been incorporated in the design.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Whilst the applicant has not agreed to participate in a mediation session, the amended plans submitted to Council on 16 November 2004 have reduced the view loss to adjoining properties.  The proposed attached dual occupancy has been reviewed against all the assessment criteria contained within DCP for Dwelling Houses and attached Dual Occupancies and Local Environmental Plan 1998. Where the proposal seeks to vary development standards, the proposal satisfies the objectives and performance requirements of the control and does not unreasonably affect the amenity of either the streetscape, foreshore area or neighbouring properties.  The SEPP1 objections submitted with the application are well founded. 

 

The application is therefore recommended for approval.

 

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 Pde 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:

 

4.       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.

 

5.       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.

 

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

 

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

 

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

 

8.          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.

 

9.          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.

 

10.        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:

 

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

 

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

 

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

 

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

 

14.     Prior to the commencement of any building 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.

 

15.     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.

 

16.     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.

 

17.     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:

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

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

 

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

 

24.     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.

25.     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.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

 

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

 

32.     The use of any rock excavation machinery or any mechanical pile drivers is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

33.     Noise and vibration 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.

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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”.

 

41.     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.

 

42.     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.

 

43.     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.

 

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

 

          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.

 

45.     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

 

46.     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.

 

47.     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:

 

48.     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:

 

49.     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:

 

50.     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.

 

51.     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.

 

52.     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:

 

53.     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.

 

54.     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:

 

55.     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.

 

56.     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.

 

57.     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:

 

58.     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.

 

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

 

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

 

61.     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:

 

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

Landscape Conditions

 

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

 

63.     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.

 

64.     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.

 

65.     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.

 

66.     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.

67.     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.

 

68.     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.

 

69.     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.

 

70.     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:

 

Photomontage

A4 architectural plans

Development Application Report dated 14/10/04

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

14 October, 2004

FILE NO:

D0447/2004/GA

 

PROPOSAL:

 Demolition of the existing dwelling and erection of a  new attached dual occupancy and associated garages

PROPERTY:

 38 Cliffbrook Parade, Clovelly

WARD:

 North Ward

APPLICANT:

 Vanovac Associates P/L

 

 

 

 

 

 

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, John Procopiadis, Paul Tracey.

 

The estimated cost of the development is $500, 000.

                   

The application has been the subject of several letters of objection with the primary concern being view loss. Height poles were erected for the proposal and affected properties were inspected in relation to view loss. It is considered that the proposal is consistent with the principles of view sharing and the extent of view loss is not significant enough as to warrant refusal of this application.

 

The proposal seeks to vary two development standards with State Environmental Planning Policy No. 1 (SEPP1) objections lodged in regard to compliance with Clause 32 Floor Space Ratios and Clause 33 Building Heights of Randwick Local Environmental Plan 1998 (RLEP). The variations to the standards can be attributed to site conditions and do not unreasonably affect the amenity of neighbouring properties or the contribution of the development within the Foreshore Scenic Protection Area.

 

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

 

2.    THE PROPOSAL

 

The proposal is for demolition of an existing two storey residential dwelling and associated garage and erection of a new attached dual occupancy. The new attached dual occupancy is to be two storeys at the rear (to Lowe St) and part three part four storeys to Cliffbrook Pde overlooking Gordon’s Bay. The new dwelling is to be positioned over the footprint of the existing house and will be generally within the envelope of the existing dwelling when viewed from Lowe St. When viewed from Cliffbrook Pde and Gordon’s Bay the development will appear as three storeys with a recessed fourth storey that will read as a pop up roof projection. The development is contemporary in architectural style and provides a skillion roof form and bold horizontal and vertical wall elements

 

In the interest of simplicity the names of the levels as noted on the plans will be used as part of this discussion. To level 0 (basement) two bedrooms, ensuite and plunge pool are provided for dwelling no. 1.

 

To level 1 (ground) the new detached double garage is proposed with access from Lowe St and living/kitchen/family and study for Dwelling 1 (western side) and entry/study/family room for Dwelling 2 (eastern side).

 

To level 2 (first) living and bedroom with associated terraces and balcony areas are provided for Dwelling 2.

 

Level 3 is a roof top terrace for dwelling 2.

 

A detached double stacked garage is proposed to the northern (rear) boundary.

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the north-western corner of Cliffbrook Pde and Lowe St overlooking Gordon’s Bay. The site has a moderate slope of some 10.46m from northwest to southwest.  The site has a total site area of 592sqm and is irregularly shaped with dimensions of 13.64m, 47.06m, 13.1m and 43m. The site is currently occupied by a two storey brick dwelling and detached garage to the rear.

 

Detached garage to rear at northern boundary                        Front of dwelling from Cliffbrook Pde/Gordon’s Bay

 

The surrounding streetscape is comprised of a mixture of densities and architectural styles though typically within Lowe St there are two and three storey multi unit developments.

 

Looking north to Lowe St from Cliffbrook Pde                     Eastern side of Lowe St

 

Western side of Lowe St                                                         Gordon’s Bay looking south-west of subject site

The site is located within the Scenic Foreshore Protection Area being positioned on Cliffbrook Pde which wraps around the foreshore of Gordon’s Bay. Typically dwellings within this section of Clovelly around the Bay are three to four storeys due to the steepness of sites as they descend towards the water.

 

4.    COMMUNITY CONSULTATION:

 

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

 

M Chase

5/1 Lowe St

 

M Sacco

36 Cliffbrook Pde

 

R Katz

3/3 Lowe St

 

R & S Miranda

6/1 Lowe St

 

K Jegaraj

6/3 Lowe St

 

M Bernardo

2/3 Lowe St

 

E Vrisakis

1/3 Lowe St

 

·    Concern for view loss

 

Comment

 

View loss is discussed in detail under Environmental Assessment section of this report. It is considered that there is some view loss associated with the proposal for adjoining properties however on balance it is not significant enough as to warrant refusal of the application.

 

·    Loss of value of property due to proposal

 

Comment

 

Property values are influenced by many factors, of which planning matters constitute only a small number.  Given that the proposal will contribute to the urban fabric, with minimal impacts and achieves the objective of Council’s planning instruments, it is likely that the proposal will have a positive impact on the value of properties in the area.

 

·    The proposal contravenes floor space ratio controls

 

Comment

 

A SEPP 1 objection to floor space ratio standard has been submitted with the application, the merits of the objection have been discussed in further detail under the Environmental Assessment section of this report.

 

·    The proposed contravenes external wall height controls

 

Comment

 

A SEPP 1 objection to the maximum building height standard has been submitted with the application, the merits of the objection have been discussed in further detail under the Environmental Assessment section of this report.

 

·    Development will result in additional parking congestion

 

Comment

 

The proposal has a requirement for 4 parking spaces, the proposal provides for two parking spaces per unit which complies with the requirements. Parking is discussed in further detail under the Environmental Assessment section of this report.

 

·    The proposal will overshadow 36 Cliffbrook Pde

 

Comment

 

Solar access is discussed in further detail under Environmental Assessment section of this report however the extent of shadow cast by the proposal over 36 Cliffbrook Pde is not considered unreasonable.

 

·    Side setbacks are only 900mm

 

Comment

 

Setbacks are discussed in greater detail under the Environmental Assessment section of this report.

 

·    The development does not follow the contours of the site

 

Comment

 

The proposed building does to some degree terrace along the length and slope of the site however it is noted that external wall height is varied where a skillion roof form is proposed which does not relate to the gradient of the land. Overall the built form of the development can be considered to relate to the topography of the site and locality.

 

 

5.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)          Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

40%

50%

Yes

32 - FSR

0.5:1

0.59:1

No, SEPP 1 objection provided

 

33 - Building Height

7m external wall

8.9m

No, SEPP 1 objection provided

 

9.5m maximum

9.2m

Yes

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes

Proposal consistent with the objective of the Clause

 

(b)          Development Control Plan No. Dwelling Houses and Attached Dual Occupancies

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements or preferred solutions).

SOLAR ACCESS

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

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

·      Hot water tanks and heaters close to rooms where hot water used.

·      Cooking tops located away from windows, fridges and freezers.

·      Task lights.

·      Maximised natural lighting.

·      Ceiling and wall insulation to AS2627.1-1993.

 

P2  Orientation and design maximises solar access to living areas and open space.

 

 

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

 

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

P10  Construction materials are energy efficient and recyclable.

S1  New dwellings provide certificate complying with a minimum (Nathers) rating of 3.5 stars or equivalent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S2.8  North-facing windows to living areas received at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June.

 

S2  Private open space

receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling

S1  Stormwater is graded and drained via a gravity system to Council’s street gutter; or to a suitable absorption system.

 

S1  Rainwater tanks or other storage systems collect roof run-off.

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

S3  Landscaped area: contain low water demand plant species and design.

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes per condition of consent

 

 

Yes per condition of consent

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

S1  40% of the total site area is landscaped.

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

S6  20% of the site area is permeable.

 

 

Yes, 50%.

 

 

Yes in excess of 40sqm.

 

Yes, 7mx6.4m.

 

 

No however as site is corner site this is unavoidable.

Yes,  in excess of 30%.

FLOOR AREA

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

FSR  0.5:1

No, 0.59:1 SEPP 1 objection provided

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

P3  Design relates to the topography with minimal cut and fill.

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

P6  Design allows view sharing.

S1  Maximum 7m external wall height for house or attached dual occupancy.

 

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

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

S4  Length of second storey portion is not greater than 12m at less than 1.5m from a southern boundary.

 

 

 

No, 8.9m SEPP 1 objection provided.

 

No, garage is 4.1m will be conditioned to be reduced to 3.5m.

 

 

 

 

Yes

 

 

Yes

 

 

Yes

 

 

Yes

 

 

 

 

Yes, view loss discussed under Environmental Assessment.

BUILDING SETBACKS

Front Setback

 

P1  Generally conforms with adjoining development or dominant setback along street.

 

Rear Setback

 

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

 

Side Setback

 

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

 

Side setbacks on corner allotments must integrate with established setbacks of both streets and maintain the streetscape.

Front Setback

 

S1  The average of adjoining dwelling or 6m setback where no adjoining dwelling.

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

1.5m for any part of a building, two levels at that point.

 

 

 

3.0m for any part of a building more than two levels at that point.

 

 

 

Yes matches 36 Cliffbrook Pde.

 

 

 

 

 

 

No, garage on rear boundary as per existing detached garage.

 

 

 

 

Yes, 900mm.

 

 

 

No, partially reduced to 900mm from 1500mm for first floor terrace

 

No, 1500mm at the third level.

 

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

P1  Overlooking neighbouring internal living areas and private open spaces is minimised.

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

 

 

P2  Entries are readily identifiable.

 

P3  Front fences, landscape areas and driveways promote safety and security.

S1  Habitable room windows with direct outlook to others windows within 9m are offset by more than 45 degrees or have fixed obscure glazing or sill height to 1.5m.

 

 

S1  Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

 

 

 

 

 

 

 

S1,2,3  Front doors visible from street.

 

S1,.3  At least one habitable room window overlooks the street.

 

Yes, windows that overlook neighbouring property of 36 Cliffbrook Pde have privacy treatment.

 

 

 

 

 

 

 

Yes, balconies are oriented towards the south towards views not to neighbouring properties.

 

Yes

 

Yes

 

 

 

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·      enable the efficient use of car spaces.

·      safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

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

 

 

 

 

 

 

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

 

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

·      Driveway gradients have a maximum of 1 in 6. The gradient for the first 5m from street not more than 1 in 8.

 

·      Garages and carport to a rear lane are 1m setback.

 

 

S2  Carports and garages located behind the building where rear access available, or behind building line where front access available.

 

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

 

 

 

Yes 2 spaces provided per dwelling.

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

FENCES

P1  Front fences are integrated with streetscape.

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

 

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

No, 1500mm but performance requirements satisfied

 

6.    ENVIRONMENTAL ASSESSMENT

 

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

 

7.1       Floor Space Ratios [FSR]

 

The proposal seeks to vary the floor space ratio development standard (Clause 32 of RLEP 1998) contained in Randwick Local Environmental Plan 1998. The maximum permissible FSR for the site is 0.5:1 and the proposal would have a FSR of 0.59:1, a variation of some 58sqm. The application was accompanied by a SEPP 1 objection, which provides for the following reasons why it is unreasonable and unnecessary to comply with the standard:

 

·           Due to the steep slope of the site the lowest storey of the proposal is essentially a basement. It does not contribute to the bulk and scale of the development and does not impact on the amenity of neighbouring properties.

·           The height and bulk of the development is not affected by the addition of the basement

·           Solar access to the principle living areas and outdoor spaces of neighbouring properties will not be affected

·           Visual and acoustic privacy between the proposal and neighbouring properties has been maintained by careful design of window locations and use of privacy screens and setbacks

·           The bulk and scale of the proposal is consistent with that of the desired future character of the locality and is substantially less than adjoining existing properties

·           The proposal will not have any adverse impact on surrounding residential development or  the scenic quality of the foreshore

·           0.5:1 FSR control applies to buildings other than dwelling houses only  which is considered to be discriminatory where a house of identical or greater bulk could be provided

 

Clause 8 of SEPP No. 1 sets out the matters, which shall be considered in deciding whether concurrence should be granted, stating that:

 

“The matters that shall be taken into consideration in deciding whether concurrence should be granted are –

 

a.     Whether non-compliance with the development application raises any matter of significance for State or regional environmental planning; and

 

  b.    the public benefit of maintaining the planning controls adopted by the environmental planning instrument.”

 

The variation is relatively minor and is unlikely to impact on any matters of significance in either state or regional planning. Allowing the variation will not affect the public benefit sought as part of the objectives for this development standard within Clause 32 Floor Space Ratio of RLEP 1998.

 

Justice Lloyd in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 in assessing a SEPP 1 objection asked the following questions:

 

First, is the planning control in question a development standard?

 

Yes Clause 32 is contained within an LEP and is expressed as a development standard not a prohibition.

 

Second, what is the underlying object or purpose of the standard?

 

The purpose of the standard is to achieve reasonable upper limits of floor area for redevelopments without compromising the amenity of adjoining developments. The additional floor area of some 58sqm will not affect the amenity of neighbouring properties as the additional floor area is contained primarily within a basement area below street level whereby it will not readily read as additional bulk or result in any overshadowing, unreasonable view loss or reduced building separation.

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the EP&A Act?

 

Varying the development standard will not hinder the attainment of the objectives of the LEP, sections 5(a) (i) and (ii) of the SEPP and the EP&A Act.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

It is considered that within the context of the streetscape and immediate locality and the minor extent of variation the objection can be supported. The development achieves the performance requirements of the objective and strict compliance with the standard is considered to be unreasonable and unnecessary.

 

It should also be noted that a similar or greater level of excavation and therefore basement habitable floor area is provided to properties fronting Cliffbrook Pde including No. 36 Cliffbrook Pde immediately to the west of the subject site.

 

The proposed development is considered to be consistent with the scale of surrounding developments within this foreshore area where typically developments are of a greater envelope. Typically the streetscape is made up of two and three storeys buildings without a terraced built form that ideally would want to relate to the typography of this foreshore area. The footprint of the development in regard to setback and landscaped area is generally lesser than the surrounding development of the locality. Further, the new development matches the footprint and general envelope of the existing dwelling other than where floor area is provided below ground level.

 

Fifth, is the objection well founded? In relation to the fourth question, it seems to me that one must also look to see whether a development which complies with the development standard is unreasonable or unnecessary, as noted by Cripps J in the Hooker Corporation case.

 

It is considered that a development that complied with the maximum permissible floor area would be unreasonable and unnecessary given that the lower level which does not add to the visual bulk and scale of the building above existing ground level could be converted to a void space, thereby resulting in numerical compliance, but not providing any material benefit by reducing the overall envelope of the building.

 

Pursuant to Clause 7 of SEPP No. 1, it is considered that the objection is well founded and the granting of consent is consistent with the aims of the Policy. It is recommended that the SEPP 1 objection be supported.

 

7.2       External Wall Height

 

The proposal seeks to vary Clause 33 - Building Heights of Randwick Local Environmental Plan 1998. The permissible external wall height of the site is 7m, the proposed external wall height is 8.9m which represents a variation of 1.9m. The application was accompanied by a SEPP 1 objection, which provides for the following reasons in support of the objection:

·           The proposal makes a relatively small infringement on the 7m external wall height, these walls are substantially setback from the boundaries.

·           The proposed external wall height will have no adverse impact on surrounding properties

·           The substantive objectives of the control have been satisfied due to the minor extent of variation

·           The control is not intended to be strictly applied on sloping sites and on corner sites, where a merit assessment will produce a better outcome, the site is located on a steep slope adjoining a foreshore cliff

·           Adjoining development is substantially higher than the proposed development

·           The bulk and scale of the proposal is consistent with that of the desired future character of the locality and is substantially less than adjoining existing properties

·           7m external wall height control applies to buildings other than dwelling houses only which is considered to be discriminatory where a house of identical or greater bulk could be provided on the site

·           Overshadowing of outdoor recreational spaces of neighbouring dwellings will not be increased

·           Privacy and overlooking will not be increased by the proposed increase beyond permissible external wall height

·           The additional height will not affect views from habitable rooms of adjacent development or from the street

·           The overall height is substantially lower that existing adjoining development in the immediate locality, the height and scale of the proposal are compatible with the established streetscape

 

Clause 8 of SEPP No. 1 sets out the matters, which shall be considered in deciding whether concurrence should be granted, stating that:

 

“The matters that shall be taken into consideration in deciding whether concurrence should be granted are –

 

a.     Whether non-compliance with the development application raises any matter of significance for State or regional environmental planning; and

 

  b.    the public benefit of maintaining the planning controls adopted by the environmental planning instrument.”

 

The variation is relatively minor and is unlikely to impact on any matters of significance in either state or regional planning. Allowing the variation will not affect the public benefit sought as part of the objectives for this development standard within Clause 33 Building Heights of RLEP 1998.

 

Justice Lloyd in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 in assessing a SEPP 1 objection asked the following questions:

 

First, is the planning control in question a development standard?

 

Yes Clause 33 is contained within an LEP and is expressed as a development standard not a prohibition.

 

Second, what is the underlying object or purpose of the standard?

 

The purpose of the standard is to achieve reasonable upper limits of height for redevelopments without compromising the amenity of adjoining developments. The additional height above 7m can be attributed primarily to the skillion roof form which, in accommodating a roof over the stairs to access the roof top terrace has breached the height requirements. The extent of variation is relatively minor at 6.3m of the overall building length. It is considered that this breach will not have an unreasonable impact on views to neighbouring properties where any two storey structure at street level would affect direct sightlines. Further discussion on view loss is provided under sub-section 7.4 View Loss of Environmental Assessment section of this report. The additional height will not affect solar access of result in visual bulk for neighbouring properties.

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the EP&A Act?

 

Varying the development standard will not hinder the attainment of the objectives of the LEP, sections 5(a) (i) and (ii) of the SEPP and the EP&A Act.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

It is considered that within the context of the streetscape and immediate locality and the minor extent of variation the objection can be supported. The development achieves the performance requirements of the objective and strict compliance with the standard is considered to be unreasonable and unnecessary.

 

It should be noted that multi unit developments within the immediate locality exceed the permissible height controls for the 2A zone. For instance the adjoining multi unit developments of 36 Cliffbrook Pde, 1 and 3 Lowe Sts have external wall heights in the order of 10m, 11m and 13m respectively, substantially above the height sought under this current proposal.

 

The proposed development is considered to be consistent with the scale of surrounding developments within this foreshore area where typically developments are of a greater building envelope. Typically the streetscape is made up of two and three storey buildings without reference to the topography of the area. The footprint of the development in regard to setbacks and landscaped area is generally less than the surrounding development of the locality. Further, the new development matches the footprint and general envelope of the existing dwelling other than where a skillion roof form extends beyond the height of the ridge of the existing dwelling.

 

The proposal does not have an unreasonable impact in terms of visual bulk and overshadowing to neighbouring properties. The proposed development is considered to be consistent with the desired future character of the foreshore area where the original architectural character of the area has undergone significant transition and a more contemporary architectural style is emerging in keeping with this proposal.

 

Fifth, is the objection well founded? In relation to the fourth question, it seems to me that one must also look to see whether a development which complies with the development standard is unreasonable or unnecessary, as noted by Cripps J in the Hooker Corporation case.

The variation of 1.9m from the permissible external wall height is due to the topography of the land as the external wall height is breached as the site begins to slope away whilst maintaining the same finished floor level of the house where the existing ground level is elevated. To require compliance with the 7m external wall height for this section of the site is unreasonable and unnecessary given the unusual site characteristics. Further, it is noted that the proposal complies with the overall height requirement and has minimal environmental impacts which would not significantly be improved by requiring strict compliance with the standard.

 

Pursuant to Clause 7 of SEPP No. 1, it is considered that the objection is well founded and the granting of consent is consistent with the aims of the Policy. It is recommended that the SEPP 1 objection be supported.

 

7.3       Setbacks

 

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

 

Preferred solutions include that side setbacks be 0.9m for any part of the building at ground level, 1.5m at first floor level and 3m for second level, and that no part of the building is closer than 4.5m from the rear boundary.

 

The basement level (level 0) is setback 1.5m from both side setbacks which exceeds the preferred solution of 0.9m.

 

The first floor (level 1) is setback a minimum of 0.9m and a maximum of 3.3m from the eastern boundary and a minimum of 0.9m and a maximum of 4m to the western boundary which on average exceeds the preferred solution of 1.5m however for a length of 7m to each side the setbacks do not comply where they reduce to 0.9m.

 

The second floor (level 2) setbacks to both side boundaries are 1.5m however for a rear terrace these reduce to 1m. These setbacks do not comply with the preferred solution of 3m for a development over three storeys however it is considered that the performance requirements are satisfied where the separation between the property and adjoining buildings allows adequate access to natural light, daylight and fresh air.

 

The third level (level 3) provides for a roof top terrace which being unroofed does not have a specific setback control. This roof top terrace is setback 3.2m from the eastern boundary and 5.4m from the western boundary.

 

The variations to the side setback preferred solutions are not significant and given that the footprint of the development provides for extensive articulation and sufficient separation between the proposed and the adjoining properties are achieved. The footprint of this development is consistent with the existing footprint of the two storey dwelling which is to be demolished and will not interfere with amenity levels currently enjoyed by the only immediately adjoining neighbour no. 36 Cliffbrook Pde. 

 

It is noted that buildings to Lowe St enjoy reduced setbacks and the result is a strong reduced building alignment of less than 1m from the street, this setback is maintained with the current proposal.

 

The front setback to Cliffbrook Pde, which has limited visibility other than from the Foreshore walkway is consistent with the adjoining property at No. 36 Cliffbrook Pde.

 

The proposed double garage is positioned on the northern -western boundary consistent with the existing double garage currently occupying this portion of the site. Whilst this preferred solution is that parking structure should be setback 900mm from the western boundary and 4.5m from the northern boundary given the garage is replacing an existing structure in an identical location and increasing setbacks would compromise the amount of available landscaped area within the site the variation is supported.

 

 

The proposed setbacks of the development satisfy the objectives and performance requirements of the control where the new development will integrate with the established setbacks of the street whilst maintaining the environmental amenity of the streetscape and adjoining neighbours.

 

7.4       View Sharing

 

The objectives and performance requirements of View Sharing Part 4.3 of DCP- Multi Unit Housing are:

·      The design and location of buildings takes existing topography, vegetation and surrounding development into account.

·      Development minimises effects on views and demonstrates steps that have been taken to mitigate view loss, in particular view loss of significant features.

·      Buildings and dwellings are to be aligned to maximise view corridors between buildings.

 

The new development represents an overall increase in height of 1.58m which is an increase in RL from 20.42 to 22.00. Adjoining development has a maximum RL of approximately 26.77 (36 Cliffbrook Pde).

 

The proposed height obscures sightlines primarily for ground and first floor units to No 3 Lowe St. These views are attained via looking over the current roof of 38 Cliffbrook Pde and along Lowe street.

 

Height poles were erected and affected properties who had lodged an objection were inspected. The following photographs show the existing view and the height poles marking the new development with the highest pole marking the maximum RL of the roof over the stairs.

 


36 Cliffbrook Pde

(above) View lost from upper unit.

 
Text Box: (above) Looking from upper unit No. 36 Cliffbrook extent of view as viewed from balcony to be blocked to east is breaking water over rocks.

 

 

 

 


View retained to south (below) and height pole showing extent of view loss from middle unit to No. 36 Cliffbrook Pde, as viewed from balcony.

 

 

Extent of view lost from living room window (left) and view retained (right) to middle unit No. 36 Cliffbrook Pde.

 

 

 

 

 

 

 

Height pole and extent of view lost from ground floor unit of No. 36 Cliffbrook Pde from terrace area (left) View retained to south (right).

 

 

Height poles of proposed building as viewed from eastern side passage of No. 36 Cliffbrook Pde.

 

 

It is considered that the extent of view lost for each of the three units of No. 36 Cliffbrook Pde are minimal and on balance with the extensive views to the south that are retained view loss is not unreasonable for this property.

 

3/3 Lowe St

 

3/3 Lowe St extent of view loss is visible from the erection of height poles.

 

 

Photo montage as submitted by architect for proposal showing extent of view loss.

 

It is considered that the extent of view loss for Unit 3/3 Lowe St is negligible and not an unreasonable loss.

 

1/3 Lowe St

 

View from 1/3 Lowe St, the objection was received after the height poles were removed therefore an estimation of the loss needs to be projected.

 
 

 


It is considered that the extent of loss for unit 1 of Lowe St is more extensive that for unit 3 directly above, due to the comparative height difference. It is also noted that the existing view is not of as good a quality as that for the unit above. The proposed development is of a similar footprint to the existing dwelling however the building is some 1.58m higher, as such some headland currently visible will be lost and blue of the ocean that can be currently viewed where the roof pitches away from the ridge will also be lost. The proposed detached garage will be of a lesser height than the top most ridge currently visible in this photo therefore this roof will not impact on views to the east. To reduce the prominence of the garage structure the overall height will be lowered to 3.5m by condition of consent.

 

It is considered that any additional storey to a building in this location from its current single storey height will result in view loss for unit 1/3 Lowe St. On balance the extent of views retained are considered to be sufficient where any redevelopment will result in view loss.

 

2/3 Lowe St

 

 

Views currently enjoyed by the occupants of unit 2/3 Lowe St. It is apparent that like unit 1/3 Lowe St there will be some view loss. It is considered that by lowering the garage height there will be an improvement of view retention for this unit from that forecast by the proposal. As such sightlines will be possible to the east of the building beyond the headland and some glimpses towards the breaking water to the bottom left of the living room window. Given this unit is to the ground floor and currently enjoys views over the roof of No. 38 Cliffbrook Pde more extensive view retention would be difficult to achieve where the roof being looked over is only single storey. The provision of the additional storey, which is not an unreasonable development request, is the reason for the loss of views. However it should be noted that should the external wall height of the development comply with the 7m preferred solution, view loss would still be experienced for this unit.

 

6/3 Lowe St

 

An objection on the grounds of view loss was received by this owner well after the height poles were erected and removed. Given the unit is located on the top floor significantly higher than the subject site view loss is not considered to be an issue and any marginal loss is negligible based on extensive views that would otherwise be achieved and retained.

 

5/1 Lowe St

 

Height poles are just visible from the balcony of 5/1 Lowe St.

 

Photo montage provided by the architect shown the marginal loss to this unit.

 

The above photos clearly indicate that this property is not unreasonably affected by the proposal in terms of view loss. The indicative loss is not considered to be unreasonable.

 


6/1 Lowe St

 

This unit is even further removed from the subject site than No. 5/1 Lowe St therefore the anticipated view loss as a result of the development is of even lesser impact than the previously discussed unit.

 
 

 

 

 


The performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies seeks to achieve a fair and reasonable degree of view sharing (section 4.3.1 Height, Form and Materials objectives). It is considered that all units will retain a view corridor and subsequent enjoyment and as such view sharing is achieved.

 

In order to be able to sufficiently assess what is a reasonable degree of view sharing reference is made to the planning principle of Senior Commissioner Roseth in Tenacity v Warringah Council (2004). The Commissioner defined the concept of view sharing as:

 

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

 

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

 

            1.         An assessment of the view affected

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

            3.         An assessment of the extent of the impact.

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

 

Applying the above principles to views obtained from the key affected properties of 1/3 Lowe St, 2/3 Lowe St and 3/3 Lowe St from main living/kitchen and balcony areas indicates that the view currently enjoyed is a fair view of the east and south-eastern ocean and distant headland of Coogee. The view is achieved by looking over the roof top of the subject site and through a corridor provided along Lowe St.  

 

The view loss to be assessed under this application is that associated with the addition of the stair for roof access and associated covering at level 3 of the proposed attached dual occupancy. This additional height is above the preferred solution for external wall height at a maximum of 8.9m from natural ground to the underside of the skillion roof form. It is however noted that this section of the roof relates to the two storey portion of the development as viewed from Lowe St. Further this roof is within the 9.5m maximum height requirements. Should the proposal have been for alterations and additions to the existing dwelling then an identical or greater bulk could be provided with an additional storey and a pitched roof above which would affect views equally or to a greater extent than currently envisaged.

 

The primary view that will be lost for the Lowe St units, to varying degrees (as depicted in the photo analysis above) is of headland, expanse of ocean below this headland and a reduction in the visibility of water breaking on rocks below Cliffbrook Pde. It is acknowledged that the extent and quality of view enjoyment for these units is being eroded by redevelopments to the south along Cliffbrook Pde however it has to be reasoned that any view obtained by overlooking rooftops where these properties have the capacity for intensification has no guarantee of continued existence. Irrespective of the above, view sharing as a principle requires a balance of view gain and view retention and such a merit assessment has been undertaken for the affected properties of this development. Given that for the most affected units located to the ground floor of 3 Lowe St will retain 50% of the existing expanse of ocean, some headland and a good portion of breaking water a balance has been achieved. The least affected units will lose less than 5% of existing views which without detailed comparison is negligible. It is therefore concluded as a balanced attainment of views for all affected properties based on the circumstances of how a view is currently achieved.

 

The proposal is considered reasonable and numerical non-compliance has minimal impact on the extent of views lost as a compliant development would achieve the same level of view loss. As such the proposal is considered reasonable and it can be demonstrated that the development achieves adequate levels of view sharing between the subject site and neighbouring properties.

 

7.5       Parking

 

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

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment. Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 there after.

 

The proposed garage has a footprint in keeping with the existing detached garage footprint that can be clearly seen in the photos provided under Subject Site section of this report. The architect in preparing his site analysis noted the benefits of maintaining the garage in this position so as to create an internal courtyard with improved privacy and protection from weather. No specific concerns are raised with the proposed location of landscaped area between the new attached dual occupancy and the detached garage.

It is noted that by reducing the overall height of the detached garage to 3.5m, a compliant height with the DCP for rear structures, the prominence of the structure and its apparent bulk and associated impacts is minimised. This reduced height will be achieved through a recommended condition of consent.

 

The design and internal dimensions of the parking space ensure appropriate manoeuvrability into and out of the garage. Given the site is a corner allotment less than 35% (approximately 14%) of this frontage to Lowe St is dedicated to a parking structure. The proposed garage provides for two double stacked spaces for the development, that is two spaces per dwelling. This achieves the number of parking spaces required for a dual occupancy development.

 

Objection was raised in regard to traffic congestion as a result of the development. Given the development provides for sufficient parking for the number of occupants and there is no decrease in available on street parking as the crossovers are existing an impact in regard to traffic congestion/parking availability is not anticipated.

 

7.5 Privacy

 

No objections were received in relation to loss of privacy and it is noted that all windows oriented towards neighbouring properties have a privacy treatment to obscure direct sightlines between properties.

 

No specific treatment has been proposed for the roof top terrace however it is considered that in the foreshore area cross viewing through balcony areas of neighbouring properties is standard practice and maintaining views from balcony areas is of greater value than visual privacy. There are balconies provided to the southern boundary of the neighbouring property of 36 Cliffbrook Pd at a similar level to those proposed at No. 38 Cliffbrook Pde, sightlines between these balcony areas will be possible however it is noted that any privacy measures would impact on views which is not desired by the owners, as such privacy is not considered to be a concern for this proposal where it would compromise view enjoyment.

 

7.6 Fences

 

The proposed fencing along Lowe St is 1500mm solid masonry along the front section of the property increasing to 1800mm where the courtyard and private open space is provided to the centre of the site. It is considered that whilst this is inconsistent with the preferred fencing type of the DCP such a level of fencing is desirable to maintain privacy for this corner allotment where otherwise private open space would be open to the street. There is a streetscape character of reduced setbacks with garages and high retaining walls positioned on the street alignment as such a 1500mm and 1800mm fence is not considered to be uncharacteristic of the streetscape.

 

7.7 Solar access

 

Shadow diagrams submitted with the application indicate that at 9am on the winter solstice the shadow cast by this proposal will fall over the front of the subject site towards the coastal walkway and over the front of No. 36 Cliffbrook Pde, it should be noted that existing taller buildings to the north of the subject site such as 3 Lowe St already cast extensive shadows over this location.

 

At 12 noon the shadow will fall over the front of the subject site and extend due south towards the coastal walkway.

 

At 3 pm the shadow will fall over the end of Lowe St over onto the cliff face towards the coastal walkway and the most western boundary of No. 40 Cliffbrook Pde.

 

It is considered that the degree of overshadowing to neighbouring properties is not unreasonable and no one property is unreasonably affected by the proposal.

 

7.8     Scenic Foreshore Protection Area

 

Clause 29 Foreshore Scenic Protection Area of LEP 1998 and Part 4.9 Foreshore Development of DCP Dwelling Houses and Attached Dual Occupancies requires consideration of the aesthetic impact of the development in regards to the landscape qualities of the foreshore area and any impact on the natural form of the land and its original character.

 

In accordance with the objectives of Clause 29 the proposal has been considered in regard to protecting the visual qualities of this area. The aesthetic appearance of the development has been considered and the elevation plans and provided montage of the proposal indicate that the development will not detract from the character and aesthetic quality of the foreshore area.

 

In regard to the performance requirements and standard of Part 4.9 Foreshore Development of the DCP the building form, colours and materials are sympathetic to surrounding natural forms, the building incorporates sufficient setbacks to allow for planting and sharing of views and the built form is stepped to reflect a human scale.

 

7.    CONCLUSION

 

The proposed attached dual occupancy has been reviewed against all the assessment criteria contained within DCP for Dwelling Houses and Attached Dual Occupancies and Local Environmental Plan 1998. Where the proposal seeks to vary development standards the proposal satisfies the objectives and performance requirements of the control and does not unreasonably affect the amenity of either the streetscape, foreshore area or neighbouring properties. The SEPP 1 objections submitted with the application are well founded.

 

The application is therefore recommended for approval.

 

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 Pde 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.

 

3.       The proposed detached garage shall have a maximum height of 3.5m in keeping with Part 4.3  S1 DCP Dwelling Houses and Attached Dual Occupancies to reduce the bulk of the structure on the streetscape and to neighbouring properties. Amended plans, demonstrating compliance with this condition, shall be submitted as part of an application for a construction certificate.

 

SECTION 94:

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

 

4.       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.

 

5.       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.

 

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

 

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

 

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

 

8.          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.

 

9.          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.

 

10.        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:

 

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

 

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

 

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

 

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

 

14.     Prior to the commencement of any building 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.

 

15.     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.

 

16.     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.

 

17.     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:

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

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

 

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

 

24.     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.

 

25.     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.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

 

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

 

32.     The use of any rock excavation machinery or any mechanical pile drivers is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

33.     Noise and vibration 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.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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”.

 

41.     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.

 

42.     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.

 

43.     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.

 

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

 

          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.

 

45.     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

 

46.     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.

 

47.     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:

 

48.     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:

 

49.     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:

 

50.     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.

 

51.     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.

 

52.     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:

 

53.     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.

 

54.     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:

 

55.     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.

 

56.     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.

 

57.     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:

 

58.     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.

 

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

 

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

 

61.     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:

 

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

Landscape Conditions

 

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

 

63.     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.

 

64.     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.

 

65.     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.

 

66.     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.

 

67.     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.

68.     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.

 

69.     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.

70.     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:

 

Architectural plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

15 November, 2004

FILE NO:

DA 1026/2002

 

PROPOSAL:

 Section 96(2) modification to include an additional three bedroom unit within an attic roof void at level 5 of Building B

PROPERTY:

 159-171 Anzac Parade & 1 Lorne Avenue, Kensington

WARD:

 West Ward

APPLICANT:

 Tony Alexandrou

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

 

1.       EXECUTIVE SUMMARY

 

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

 

          The application proposes modification of the approved development to incorporate an additional 3 bedroom unit on Level 5 of the building which fronts Lorne Avenue (Building B) in place of the previously approved plant room to this level. The plant room has been moved under a subsequent section 96 application to the basement of the building.

 

          The main issues for consideration are the changes to overall density and parking requirements. The use of the existing roof space previously occupied by plant and equipment for habitable rooms will not increase the height of the building nor result in any increase to the approved building envelope.

 

          The recommendation is for approval, subject to additional conditions of consent.

 

2.       DETAILS OF CURRENT APPROVAL

 

          Approval has been granted for construction of a mixed-use development containing 55 x student housing units, 5 x ground floor retail suites, 4 x ground floor commercial suites and basement car parking for 48 x vehicles. The development comprises two buildings, a 6-storey building fronting Anzac Parade and a 4-storey building fronting Lorne Avenue.

 

          The proposed student accommodation units comprise (after amendment via section 96 modifications):

 

·      8 x studio units;

·      10 x three-bedroom units;

·      10 x four-bedroom units;

·      15 x five-bedroom units, and

·      12 x six-bedroom units.

 

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

 

A:

Section 96 application to alter the layout of basement and Level 1 including the relocation of the hot water plant from the roof to the basement.

Approved 10/05/04

B:

Section 96 application to change 4 x 5 bedroom units into 4 x 6 bedroom units on levels 3, 4 and 5 of approved building A (addition of 12 bedrooms)

Approved 1/07/04

 

3.       DETAILS OF PROPOSED MODIFICATION

 

             The applicant seeks to modify the development by providing an additional three bedroom unit on Level 5 of the building. The unit will comprise 3 bedrooms, a bathroom, ensuite and living area. The applicant proposes the additional unit within a plant room previously approved on the roof, however this plant room was deleted as a result of the section 96 application 1026/2002 ‘A’ (see above).

 

          The unit proposed has an area of approximately 77m2 and will be accessed via an extension to the existing fire stair at Level 4.

 

          The area previously shown as “roof” to the north of the roof top is shown on the section 96 plans as being “existing terrace”, with access from a sliding door from the living areas of the new unit. The roof terrace faces Lorne Avenue and has an area of 84m2.

 

4.       THE SUBJECT SITE AND SURROUNDING AREA

 

          The subject site is located within the Kensington Town Centre as defined by the Randwick LEP 1998 (Amendment No. 27).  The site is located on the south-western corner of Anzac Parade and Lorne Avenue and comprises Defined Parcel A in Block 07 as defined by the Kensington Town Centre Development Control Plan (KTCDCP) 2002.

 

          The site has an area of 2,406m² and frontages of 65.9m to Anzac Parade and 82.4m to Lorne Avenue.  The site comprises 6 x allotments.  Existing improvements on the site include 2 x two-storey semi-detached dwellings (No. 169 and No. 171 Anzac Parade), 2 x single-storey semi-detached dwellings (No. 165 and No. 167 Anzac Parade) and a two-storey retail building and two-storey dwelling house (No. 1 Lorne Avenue).  Existing vehicular access to the site is from Lorne Avenue.

 

          The northern end of Lorne Avenue is a cul-de-sac and direct vehicular access is not available between Lorne Avenue and Anzac Parade.  Vehicles entering and leaving the site are required to travel along either Grosvenor Street or Roma Avenue in order to access the main thoroughfares of Anzac Parade to the east or Todman Avenue to the north.  The site does not contain any items of heritage significance and is not located within a Heritage Conservation Area.

 

5.       SITE HISTORY

 

a.     APPLICATION HISTORY

 

          Approval was granted for development of the site on 26 August, 2003. This is the approval the applicant wishes to modify with this application. Two section 96 applications have previously been approved (see Section 2, above).

 

6.       COMMUNITY CONSULTATION

 

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

 

6.1     Objections

 

1.     D.Malanos, 4 Grosvenor Street, Kensington

 

§ Bulk

 

Comment: As the approved building envelope will not change as a result of the proposed modification, the proposal will not result in increased building bulk.

 

§ Overdevelopment

 

Comment: The addition of three bedrooms will not result in significant impacts in this location.

 

§ Noise

 

Comment: The large rooftop terrace is likely to result in acoustic impacts to surrounding properties as a result of large gatherings and has been reduced in size via conditions of consent.

 

§ Where is the plant room going? Appears that developer has planned to convert this area to additional accommodation prior to the original consent leading to further overdevelopment.

 

Comment: The plant room was moved under application 1026/02’A’ to the basement. This application did not delete the built form which contained the plant room under the original approval.

 

§ Accommodation style – concern with the projected 100% transient (over 200 students) residents. We do not want problems with 100% transient population who have no regard for the suburb or its permanent residents.

 

Comment: Social impacts of the proposed modification have been considered under section 11 of this report.

 

§ Traffic flow and parking impacts

§ Additional Traffic

 

Comment: Traffic and parking impacts have been discussed in Section 9.1

 

§ Significant truck movements have already been occurring in Grosvenor Street despite complaints to Council as a result of construction works. Suggest opening Lorne Avenue to one-way out onto Anzac Parade to alleviate this problem

§ Damage to properties as a result of heavy vehicle convoys, including vibrations from trucks on Wombat crossings in Grosvenor Street.

 

Comment: Construction issues including damage to nearby buildings were dealt with via conditions of consent of the original approval.

 

2.     S & V Gillen, 6 Grosvenor Street, Kensington

 

§ No formal notification sent to Council, resident had to contact Council to be sent a letter. Public notice of development application is not in a prominent spot, as no sign has been sighted, this is underhanded.

 

Comment: Notification and advertising has occurred in accordance with Council’s Public Notification of Development Proposals and Council Plans DCP.

 

§ Already the development has totally inadequate parking for the current number of units and this is an overdevelopment of the site.

§ This development as approved doesn’t comply with the applicable planning controls, has insufficient parking, has increased traffic pressure in Grosvenor Street and Lorne Avenue, is excessive in height, is causing damage to roadways due to the vibration of trucks going down Grosvenor Street.

 

Comment: Traffic and parking have been discussed under section 9.1 of this report.

 

§ The development has already caused massive amenity loss with the loss of all fig trees on the eastern side of Lorne Avenue. All trees on the western side should be retained due to their amenity value.

 

Comment: The retention of trees was considered under the original development application. Street trees will not be affected by the proposed modification.

 

§ All modifications to further increase density on this site should be rejected outright; it is not in the public interest.

 

Comment: The proposed density is considered satisfactory as discussed throughout this report.

 

3.   G. Caredes, GPO Box 5352, Sydney

 

§ Increased density without increased parking will cause further pressure on surrounding streets with limited parking

§ Additional parking spaces should be provided in the basement for any increase in density

 

Comment: Traffic and parking impacts have been discussed under section 9.1 of this report.

 

4.     G. Reinhard, 11 Roma Avenue, Kensington

 

§ Non-compliance with applicable planning controls

 

Comment: The proposal breaches some of the planning controls within the Kensington Town Centre DCP due to the change in use of the roof top area from non-habitable to habitable uses. The non-compliances will not result in an increased building envelope and will have negligible impact on the appearance of the development. Non-compliances and impacts are discussed in detail in section 9.1 and 11 of this report.

 

§ Insufficient parking provided, existing parking shortfalls will be compounded by further development of the site.

§ Increased traffic and pressure on traffic circulation, particularly as local streets provide access to surrounding institutions.

 

Comment: This issue has been discussed above and in section 9.1 of this report.

 

§ No section 94 contribution has been paid by the applicant

 

Comment: Section 94 contributions were levied under the previous approval.

 

§ Extra storeys to number of storeys allowed in the DCP. Lorne Ave Building (Building B) is 5 storeys not 4 storeys, roof is an additional level.

 

Comment: The building envelope as previously approved will not change as a result of the proposed modification. The additional unit should not be considered an additional storey.

 

§ Noisy units unsuitable for residential accommodation, requires air conditioning and double glazing which has not been provided (see acoustic report for development at 214-238 Anzac Parade)

 

Comment: Acoustic issues were considered in the assessment of the original DA.

 

§ Bulk and scale impacts

 

Comment: As noted above the approved bulk will not change as a result of the modification.

 

5.     D. Thian, 5 Cottenham Avenue, Kensington

 

§ Proposal is a pseudo storey and does not meet the requirements of the KTC DCP

§ DA does not comply with roof space controls under 4.6.9(a) such as not exceeding 40% of the floor below and having the appearance of a roof and not a storey.

 

Comment: Non-compliances and impacts are discussed in detail in section 9.1 and 11 of this report.

 

§ Applicant’s arguments that the master plan for UNSW requires 1500 new student beds long-term is not a reason to allow an additional 3 bedrooms on this site.

 

Comment: This argument has been discussed under Social Impacts in section 11 of this report.

§ Removing the plant room should not result in additional residential accommodation.

§ 12 additional bedrooms were already approved earlier this year.

 

Comment: The impacts of increased density have been discussed throughout this report. The proposed increase in the density of the development will not generate significant additional impacts.

 

§ Insufficient off street parking in the proposed building creates negative impacts for the area. 12 additional bedrooms have been approved without any additional parking.

§ Parking arguments from original traffic report are flawed as students are likely to be more asset rich than the average used in the report and therefore have greater access to parking

 

Comment: Traffic and Parking impacts are discussed in detail in sections 9.1 and 11 of this report.

 

§ Building will not be able to be converted to family accommodation in the future due to the low quantity of parking provided

 

Comment: This is an issue related to the existing DA approval and not the proposed modification.

 

§ New windows to the Lorne Avenue elevation will result in privacy impacts and is contrary to the controls of the DCP in that they will reduce the appearance of the roof area as a roof.

§ Excessive number of storeys is contrary to the DCP.

 

Comment: The additional unit is not considered to constitute an additional storey. Compliance with the controls and objectives of the DCP has been discussed in sections 9.1 and 11 of this report.

 

7.    TECHNICAL OFFICER’S COMMENTS

 

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

 

7.1     Environmental Health and Building

 

The Manager, Environmental Health and Building has reviewed the application and makes the following comments:

 

The Proposal

Section 96 amendment only to provide an additional unit to replace a plant room at level 5. The residential portion of the building should be clearly classified as a Class 3 building.

All previous conditions apply.

 

RECOMMENDATION:

 

Should the approval be granted to the application, all previous conditions of consent apply and a new or amended construction certificate must be obtained prior to the implementation of the proposed variations.

 

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

 

8.       MASTER PLANNING REQUIREMENTS

 

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

 

9.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Section 96 application has been assessed in accordance with the provisions of the following relevant planning documents:

 

·      Randwick Local Environmental Plan 1998

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

·      Kensington Town Centre Development Control Plan, 2002

·      DCP - Parking

·      Section 94 Contributions Plan

 

(a)          Randwick Local Environmental Plan 1998

 

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

 

Clause

Requirement

Proposed Modification

Complies

42B – Number of Storeys

Building B (Lorne Ave) – Maximum 4 storeys. Potential for habitable roof space connected to an apartment below

No Change

Yes

42B - Height

Building 2 (Lorne Ave) - Maximum 13.8m to underside of ceiling on topmost floor

No Change

Yes

 

 

The site is located within the Kensington Town Centre as defined by Randwick Local Environmental Plan 1998 (Amendment No. 27). The site is not subject to the RLEP’s development standards for landscaped area, and floor space ratio.  Detailed controls for the site are contained in the Kensington Town Centre DCP 2002. The proposal’s compliance with the detailed planning requirements for the Town Centre is assessed in Section 9.1 – Policy Controls.

The proposed modification will not reduce the consistency of the existing approval on the site with the objectives for the Kensington Town Centre contained within clause 42 2(B) of the Randwick LEP 98.

 

9.1     Policy Controls

 

a.       Kensington Town Centre Development Control Plan 2002

 

CONTROLS

PERFORMANCE REQUIREMENTS

EXISTING COMPLIANCE

 

MODIFICATION COMPLIANCE

 

New built form

i.    Demonstrate that the achieved Gross Floor Area occupies no more than 80-85% of the Building Envelope.

 

Complies

Calculations indicate that the proposal has a GFA of 7,133.9m², which represents 84% of the Building Envelope (8,482.2m²).

 

Complies

Calculations indicate that the proposal has a GFA of 7,211.14m², which represents 85% of the Building Envelope (8,482.2m²).

 

building heights

i.    Comply with the maximum envelope heights specified in the Block by Block controls.

 

 

ii.   Achieve the minimum heights in respect of each storey.

 

iii.  Achieve a built form which reflects the proportions of the Building Envelopes specified in the Block by Block controls.

 

 

 

 

iv.  Comply with the maximum height of any building as a relationship between storeys and height to the underside of the ceiling of the topmost floor.

 

Complies

Refer to Section 9.2.

 

 

 

Complies

Refer to Section 9.2.

 

Complies

 

 

 

 

 

 

 

Complies

Refer to Section 9.2.

 

No Change

 

 

 

 

No Change

 

 

No Change

 

 

 

 

 

 

 

No Change

block by block controls (block 07)

Building Height

 

iii.  Building 2 must not exceed 4 storeys (13.8m to the underside of the ceiling of the topmost floor).

 

 

 

Complies

Proposed height is 4 storeys/13.0m.

 

 

 

No Change

 

 

Building Envelope

i.    The built form and building articulation should comply with the Block by Block plan.

 

 

 

Complies

 

 

 

 

No Change

 

roof forms

i.    Wholly contain lift over-runs and service plants within roof structures or roof lines.

 

ii.   Minimise the bulk and mass of roofs and their potential for overshadowing.

 

iii.  Design roofs to generate an interesting skyline and enhance views from adjoining developments.

 

iv.  Relate roofs to the size and scale of the building, the building elevation and the three-dimensional building form.

 

v.   Consider providing landscaping and appropriately shaded areas on flat roofs.

 

vi.  Avoid attic windows and dormer windows in the roof.

 

Complies

 

 

 

Complies

 

 

 

Complies

 

 

 

Complies

 

 

 

 

Not applicable

 

 

 

Complies

 

Complies

 

 

 

Complies

 

 

 

No Change

 

 

 

No Change

 

 

 

 

Not Considered Conditioned to provide planter boxes to roof

 

Complies

 

habitable roof space

ii.   Connect habitable roof space to an apartment below.

 

 

 

 

 

iii.  Demonstrate that proposed habitable roof spaces optimise apartment mix and layout and assist to achieve dual aspect apartments with natural ventilation.

 

 

 

 

 

iv.  Demonstrate that the total floor area devoted to habitable roof space does not exceed 40% of the floor below.

 

 

v.   Wholly contain habitable areas within the roof space.

 

 

 

vi.  Ensure that, when viewed from an adjoining public road or private property, the roof form (including habitable roof, associated private open space or plant and service areas) has the appearance of a roof and not an additional storey or an extension of the external vertical façade.

 

vii. Design windows of habitable roof spaces as an integral element of the roof i.e. Avoid attic and dormer windows.

 

Complies

All proposed habitable roof spaces are linked to apartments below.

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

Complies

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Complies

 

Does not Comply

New unit is not linked to floor space on lower level.

 

 

 

Complies – proposed apartment is dual aspect with natural ventilation

 

 

 

 

 

 

Does not comply. Habitable roof space comprises 49 % of floor below

 

Complies – apartment contained within existing roof space

 

 

Complies

As per existing approved envelope

 

 

 

 

 

 

 

Complies

 

apartment layout

i.    Achieve apartments with dual aspect to allow direct flow of air from one side of the apartment to the other.

 

ii.   Use a variety of apartment styles to maximise natural ventilation and access to natural daylight.

 

iii.  Design apartments to contain minimal circulation areas, ensure comfortable and flexible furniture layouts, promote sunlight access and control, promote daylight penetration, allow for natural cross-ventilation, allow for visual and acoustic privacy and be flexible to suit the requirement of residents.

 

Complies

 

 

 

Complies

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

Complies

 

apartment size

i.    Comply with the following minimum apartment sizes:

Studio   40m²

One-bedroom cross-through   50m²

One-bedroom cross-over  55m²

Two-bedroom corner   80m²

Two-bedroom cross-through   90m²

Two-bedroom cross-over 90m²

Two-bedroom corner with study   120m²

Three-bedroom   125m²

For each additional bedroom   20m²

 

iii.  Comply with the following minimum apartment widths:

·    Studios - 3.5m clear internal width

·    One, two and three-bedroom apartments – 4.5m clear internal width

·    Crossover/cross-through apartments more than 18m deep – 4m clear internal width

 

iv.  Comply with the following minimum room dimensions:

·    Main bedrooms – 12m² , shortest wall 3.0m

·    Other bedrooms – 9m² , shortest wall 2.5m

·    Living rooms – 15m² , shortest wall 3.5m

·    Dining rooms – 9m² , shortest wall 2.5m

 

Not applicable

Proposed unit sizes are considered to be adequate for the proposed student housing use.

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Not applicable

Proposed room sizes are considered to be adequate for the proposed student housing use.

 

Not applicable

Proposed unit size is considered to be adequate for the proposed student housing use.

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Not applicable

Proposed room sizes are considered to be adequate for the proposed student housing use.

 

storage

i.    Provide accessible and adequate storage at the following rates per apartment:

Studio   6m²

One-bedroom   8m²

Two-bedroom   10m²

Three or more bedrooms  12m²

 

 

ii.   Provide at least 50% of this storage within the apartment accessible from either a hall or a living space.

 

Complies

Proposed storage provision is considered to be adequate for the proposed student housing use.

 

 

 

Complies

 

Complies

Proposed storage provision is considered to be adequate for the proposed student housing use. Bedrooms sufficient for providing desk and wardrobe to each tenant.

Not provided

Not considered necessary for student housing where occupants are generally unrelated and do not require household storage apart from kitchen areas.

lighting efficiency

i.    Design buildings to maximise available natural light without creating major heat gain pathways.

 

ii.   Optimise the number of north-facing windows.

 

 

 

vi.  Design landscaping elements to maximise daylighting.

 

Complies

 

 

 

Complies

The proposed buildings are aligned in accordance with the Block Controls.

 

Complies

A detailed landscape plan is to be required as a condition of consent.

 

Complies

 

 

 

Complies

The proposed buildings are aligned in accordance with the Block Controls.

 

Complies

A detailed landscape plan is to be required as a condition of consent.

 

private open space

i.    Provide at least one balcony or terrace for each apartment directly accessible from the main living area.

 

 

 

 

 

ii.   Ensure that the main balcony extends the living space by being sufficiently well proportioned to accommodate a dining table and chairs, with additional space for flower boxes or potted plants.

 

iii.  Ensure that the main balcony has a minimum depth of 2.5 metres and a minimum area of:

·    6m² for studio/one-bedroom apartment

·    10m² for two/three-bedroom apartment

·    15m² for four/more-bedroom apartment

 

iv.  Assist visual privacy by recessing and/or partially enclosing the main balcony.

 

v.   Ensure that additional balconies have a minimum depth of 1.5 metres and a minimum width of 2.1 metres.

 

vii. Orientate balconies to maximise solar access.

 

viii.          Ensure that the undersides of balconies are well designed and provide a pleasing appearance from the street.

 

 

 

ix.   Take advantage of views and allow surveillance over the public areas but minimise overlooking of adjoining apartments.

 

 

x.    Include sunscreens, pergolas, shutters and operable walls to enhance design and liveability.

 

Does not comply

Proposal includes shared balconies that are considered to be adequate for the proposed student housing use.

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

Complies

 

 

Complies

Details of the proposed materials and finishes are to be required as a condition of deferred commencement.

 

Complies

 

 

 

 

 

Complies

 

 

Complies

Proposal includes large roof terrace.

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Does not comply

Conditioned to limit privacy impacts.

 

Not Applicable

 

 

 

Complies

 

 

Not Applicable

Roof terrace

 

 

 

 

 

Complies

 

 

 

 

 

No details provided

 

b.       DCP - Parking

 

Council’s DCP – Parking contains no standards for the provision of on-site parking for the proposed student housing. In accordance with the DCP’s requirement, the applicant submitted a Traffic and Parking Assessment in support of the original development application. The data included in the Traffic and Parking Assessment indicated that:

 

·      Based on strict application of the DCP – Parking, existing development on the subject site exhibits a deficiency of 30 x on-site parking spaces, and

·      Comparable Unilodge facilities in Broadway (Sydney), Melbourne, Brisbane and Auckland exhibit rates of parking demand of between 0-12% of students accommodated;

 

Condition 95 of the development consent required provision of parking spaces at the following rate:

 

The car park in the development must incorporate the provision of:

 

a)       Not less than 48 x car parking spaces allocated at the following rates:- i) student housing - 25, ii) visitors - 5, iii) commercial/retail - 18, and

 

b)       1 x car wash bay that may be used in conjunction with a visitor space.

 

The parking required for 221 students, calculated at the maximum Unilodge rate of 12%, was 27 spaces. The approved development includes 25 spaces to serve the proposed student housing component (under Condition 95).  This is 2 spaces short of the 27 spaces calculated as required, but still represents a parking provision of approximately 11%. The modification approved under 1026/02’A’ increased the number of students to 233, requiring 28 spaces. The additional apartment increases the population on the site to 236. If the rate of parking demand is assumed to be 12% (the maximum rate demonstrated in other Unilodge facilities), the proposal would still  require the provision of 28 spaces for the 236 students. The provision of 25 spaces as per Condition 95 represents a parking rate of approximately 10.5%, which is below the maximum rate demonstrated in other Unilodge facilities but is within the upper part of the range of 0-12% noted above. The additional unit does not generate any additional parking demand when compared to the existing density approved on the site. The site is in close proximity (walking distance) to the University of NSW and other educational facilities such as the Randwick Campus of Sydney Institute (TAFE) and is on a major public transport route (Anzac Parade). The proposed modification will not result in additional parking impacts.

 

c.     Section 94 Contributions Plan

 

An additional monetary contribution of $9,802.00 is be required for the development as a result of the modification. The additional contribution is calculated as follows:

 

S94 Component

Additional Payable

Open space

$2,732.00

Community facilities

$1,208.00

Townscape (residential)*

$5,862.00

Townscape (commercial)

Nil

Parking

Nil

Administration

Nil

Total

$9,802.00

*Charged at rate of $1954.00 per bedroom as per amendments to the section 94 contributions plan

 

As section 94 contributions have already been paid by the applicant, a new section 94 condition has been imposed to clarify amounts payable with respect to this application.

 

10.     SECTION 96 AMENDMENT

 

10.1   Substantially the same

 

The proposed modification will result in a building that is substantially the same as the approved development. The modifications proposed are generally internal and will not affect the approved building envelope. The increase in density is minor compared with the approved development.

 

10.2   Consideration of submissions

 

All submissions have been addressed under section 6, above.

 

11.     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.

 

11.1   Building Form

 

No changes are proposed to the external built form of the development as a result of the modification. Although the modification results in an increase in habitable floor area, resulting in non-compliance with controls under section 4.6.9(a) of the KTCDCP, the objectives of the controls are considered to be met by the proposal.

 

The modification does not meet the controls that habitable roof areas occupy no more than 40% of the footprint of the floor below and that habitable roof space should be connected to an apartment below. The objectives of these controls are to encourage a mix of apartment types, reduce the visibility of plant and habitable roof space from the public domain and ensure that habitable roof spaces are a result of roof forms rather than ‘pseudo’ storeys.

 

The proposed modification will result in an additional three bedroom apartment with excellent access to natural light and ventilation. The roof space already exists in the current approval and therefore will not form a ‘pseudo’ storey. The roof of the development will not be modified in height nor form and therefore will not be more visible from the public domain than the already approved building on the site.

 

The proposed modification is satisfactory with regard to the Built Form provisions of the KTCDCP.

 

11.2   Apartment Layout

 

The assessment of the existing development application waived the requirements of the KTCDCP in relation to apartment layout due to the proposed use of the building for student housing. Although the proposal has not been assessed using the KTCDCP criteria the unit and all bedrooms are considered to have adequate access to natural light and ventilation and have acceptably sized bedrooms and living areas for this type of development. Despite the awkward triangular shape of the apartment, furniture layouts have demonstrated that room sizes are satisfactory.

 

The apartment layout is satisfactory and meets reasonable standards for housing.

 

11.3   Access & Parking

 

The proposed provision of on-site car parking and the potential traffic impacts of the increased density on the site have been assessed using the same criteria and arrangements used to assess parking for the original application. Under these provisions, the additional dwelling does not generate any additional parking demand when compared with the existing approval on the site.

 

11.4   Privacy

 

A new roof terrace of over 80m2 in area is proposed to the western (Lorne Ave) edge of the building. Roof terraces, especially large roof terraces are generally discouraged by Council as they can result in significant visual and acoustic privacy impacts. The terrace shown on the section 96 plans is open to the sky and has the potential to accommodate large gatherings. Due to the transient nature of the population proposed in the building (students) and the likely age group of this population (16-18 year olds as noted by the applicant) the likelihood of antisocial behaviour and negative impacts on the adjacent residential area is considered high.

 

In order to address these concerns an additional condition has been applied, reducing the trafficable roof area (see additional Condition 180).

 

11.5   Social Impacts

 

1,500 new student beds are required over the next ten years under the UNSW master plan in support of the proposed increased density. The master plan stipulates that approximately half of these (750 beds) will be provided by the private sector. The proposed modification will assist in providing support for local educational institutions. The increase of three beds can be accommodated in this location without significant additional impacts on the provision of infrastructure and services to the local area.

 

12.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

13.     CONCLUSION

 

The proposed modification to the original consent satisfies Section 96 of the Environmental Planning and Assessment Act, 1979, in that it will constitute substantially the same development, and will not result in any significant additional adverse impacts upon either the amenity of the adjoining premises or the streetscape. The modifications will maintain existing compliance with the objectives for the Kensington Town Centre contained within the RLEP98 and the Kensington Town Centre DCP (KTCDCP). Non-compliances with the controls of the KTCDCP will not impact on the approved building envelope or approved appearance of the development.

 

The proposed modification is therefore recommended for approval.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to vary Development Consent No. 1026/02 for permission to erect student accommodation with retails and commercial areas and basement car parking, at 159-171 Anzac Parade & 1 Lorne Avenue, Kensington as follows: -

 

That Condition No. 1 is amended to read:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01, DA04, DA06-10, DA14 and DA22 Revisions A dated 18 June 2003 and DA05 Revision A dated 13 June 2003 and received by Council on 19 June 2003, DA12 and DA13 Revision B dated 8 July 2003 and received by Council on 8 July 2003, and DA11 Revision C, dated 22 July 2003 and DA02 and DA03, dated 23 July 2003 and received by Council on 24 July 2003, the application form and on any supporting information received with the application, the Section 96 plans dated September 2003, numbered DD-A-02 Revision A and DD-A-03 Revision C and received by Council on the 10 March 2004, the Section 96 application form and on any supporting information received with the application, except as may be amended by the plans submitted with the Section 96 Application numbered S96-A-05 to S96-A-07, Revision A, dated December 2003 and received by Council on 7 June 2004, only in so far as they relate to the modifications highlighted on the Section 96 plans, detailed in the Section 96 application form and on any supporting information received with the application, except as may be amended by the plans submitted with the Section 96 Application numbered Project No. P128.2 and drawing numbers S96-A-01 to S96-A-03, Revision A, dated September 2004 and received by Council on 17 September 2004, only in so far as they relate to the modifications highlighted on the Section 96 plans, detailed in the Section 96 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:

 

That the following conditions are added:

 

179.     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)       for townscape improvements (residential component)               $5,862.00

d)       Administration fee $425.00                                                      $   425.00

 

The contribution must be paid in cash or by bank cheque prior to an occupation 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.

 

180.     The roof terrace is to be reduced in size to have a maximum width of 3 metres measured from the face of the western external wall of the Unit B5.01 to align to the existing western edge of the southern end of the terrace. The remaining roof area is to be non-trafficable and may be landscaped with self maintaining planter boxes or removed from the area approved for use as a terrace by placement of barriers such as balustrading. The area of terrace outside the stairwell is also to be made non trafficable and may be landscaped with self maintaining planter boxes so that the trafficable area of roof is a rectangle with dimensions of 11 metres by 3 metres.

 

This condition is imposed to protect the acoustic and visual privacy of surrounding residential areas. Details required by this condition are to be included on drawings submitted with an amended Construction Certificate.

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

23rd November 2004

FILE NO:

DA 1159/03Plans

 

PROPOSAL:

 S82A Review of Determination refusing consent for alterations and additions to the existing dwelling.

PROPERTY:

 219 Storey Street Maroubra

WARD:

 Central Ward

APPLICANT:

 J & K Kennedy

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is a Section 82A review seeking the reconsideration of the development application which was refused at the Health Building & Planning Committee of the 11th May 2004. The application detailed the erection of a three storey addition to the rear of the dwelling and new carspace to the front of the dwelling.

 

The application is referred to the Health Building & Planning Committee for consideration as the application was originally considered and determined by that Committee.

 

The amended plans have reduced the proposed floor space ratio of the building to 0.51:1, sited the upper level addition 1815mm from the western and 1780mm from the eastern side boundaries and provide for a recessed balcony to the rear of the upper level addition with opaque glass panels at each end.

 

The proposal does not comply with the Objectives, Performance Requirements and Preferred Solutions of Council’s DCP for Dwellings and Attached Dual Occupancies with respect to height, side setbacks, privacy and car parking. The areas of non compliance with these sections of the DCP will result in a number of significant adverse impacts on the amenity of the adjoining properties and the character of the locality.

 

It is recommended that the original decision to refuse development consent be confirmed.

 

2.    THE PROPOSAL

 

The application originally proposed to construct a new three storey addition to the rear of the existing dwelling house.  The addition would contain a new lower ground floor level to accommodate a rumpus room with adjoining bathroom.  The existing ground floor level was to be extended to provide for additional living area and a deck.  A new third level was proposed that would accommodate a bedroom, with ensuite and walk-in-robe.  A balcony was to be attached to that third floor bedroom.  The application also proposed a new car space in the front yard of the site.

The applicant after consultation with Council Officers has lodged an amended proposal to be reconsidered with this application to review the original refusal.

The amended plans have reduced the proposed floor space ratio of the building to 0.51:1, sited the upper level addition 1815mm from the western and 1780mm from the eastern side boundaries and provide for a recessed balcony to the rear of the upper level addition with opaque glass panels at each end.

 

3.     THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Storey Street between Cooper Street and Flower Street, Maroubra.  It has a 10.24 metre frontage to Storey Street, a depth of 47.8 metres and a site area of 470.6sqm . The premises also has rear access to Melcalfe Street.

At present on site there is a part one and two storey dwelling with an inground swimming pool in the rear yard and a garage with vehicular access to Metcalfe Street. 

The locality is residential in nature and contains primarily free standing single and two storey dwellings, although directly opposite the subject premises is the Randwick Council Depot and State Emergency Services local headquarters. The adjoining premises to the east contains a three level dwelling and to the west is a two level dwelling.

 

4.         SITE HISTORY

 

DA 00267/96: On 30 September 1996, the Council refused consent to construct an attached dual occupancy on the site and strata subdivide.

 

DA 00211/97: On 25 July 1997, the Council refused a further application for a dual occupancy on the site.

 

DA 00585/01:  On 23 August 2001, the Council approved a new two-storey building at the rear of the site containing a garage and rumpus room.

 

DA 1159/03: On 11 May 2004, the Council refused an application for alterations and a new three storey addition to the rear of the dwelling and carspace to the front of the dwelling.

 

5.         COMMUNITY CONSULTATION:

 

The application for review of determination has been notified in accordance with the DCP – Public Notification. The following submissions were received:

 

5.1  Objections

Mr and Mrs Kassaras – 217 Storey Street

Issue

Comment

The proposed rear deck will still overlook the rear yard of the adjoining premises and any additional windows should have frosted glass

The recessed balcony with obscured glazing panels at each end is adequate to maintain a reasonable level of privacy to the adjoining premises. The new window within the eastern elevation is very small and serves a bathroom ensuite and the window in the western elevation is of highlight style with a sill height of 1600mm, and therefore it is not considered that there will be any privacy loss to the adjoining premises from these windows.

The proposed development height of 9.5m indicated on the roof top and middle stairs is not at actual ground level

The maximum height of 9.5m control does not apply to dwellings. Notwithstanding, the external wall height of the addition is excessive and does not comply with provision of DCP-Dwelling Houses.

The building setbacks of 1.3m at ground and 1.8m at first floor do not comply.

The ground floor setback is existing and the proposed upper level setback of up to 1.78m complies with the DCP preferred solution of 1.5m.

The floor space ratio does not comply.

The proposed floor space ratio of 0.51:1 complies with the preferred solution maximum of 0.58:1.

The subject land may not receive the required sunlight of 3 hours.

The proposal complies with the objectives and performance requirements of the DCP.

No survey report has been provided.

A formal survey report from a registered surveyor has been provided by the applicant.

 

 

Benjamin Ho – 221 Storey Street

 

Issues

Comment

The building setbacks of 1.3m at ground and 1.8m to the first floor do not comply.

The ground floor setback is existing and does comply, the upper level setback of up to 1.78m does comply with the DCP preferred solution minimum of 1.5m.

The floor space ratio does not comply with the floor space ratio maximum

The floor space ratio of 0.51:1 complies with the maximum floor space ratio of 0.58:1.

The height of the development is 9.5m.

The maximum height control of 9.5 m does not apply to dwellings.

The subject land may not receive the required sunlight of 3 hours.

The proposal complies with the objectives and performance requirements of the DCP.

The proposed rear deck will still overlook the rear yard of the adjoining premises.

 

The recessed balcony with obscured glazing panels at each end is adequate to maintain a reasonable level of privacy to the adjoining premises and will comply with the objectives and performance requirements of the DCP.

No survey report has been provided and therefore the accuracy of the levels cannot be confirmed.

A site survey with spot levels was included with the DA documentation.  A formal survey report has also been submitted and the levels of the site and floor levels are accurate.

 

6          RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

§ Randwick Local Environmental Plan 1998.

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

§ Environmental Planning and Assessment Act 1979 as amended.

§ Building Code of Australia.

 

Randwick Local Environmental Plan 1998

 

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

 

It is considered that the proposed development is not consistent with objective (c) of the Residential 2A zone, in that it will have adverse impacts on the amenity of the surrounding residential area. The specific amenity impacts are discussed in the Environmental Assessment section of this report.

 

7.1  Policy Controls

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

 

PERFORMANCE REQUIREMENT

PREFERRED        SOLUTION

COMPLIANCE

(Whether proposal meets Performance Requirements or Preferred Solutions.)

SOLAR ACCESS

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

Design to minimise  energy  for heating, cooling by using:

§ High thermal mass materials;

§ Solar hot water systems;

§ Insulated hot water pipes;

§ Hot water tanks and heaters close to rooms where hot water used;

§ Cooking tops located away from windows, fridges and freezers;

§ Task lights;

§ Maximised natural lighting;

§ Ceiling and wall insulation to AS2627.1-1993.

S1  New dwellings provide certificate complying with a minimum (Nathers) rating of 3.5 stars or equivalent.

 

Not applicable.

P2  Orientation and design maximises solar access to living areas and open space.

 

S2  Private open space receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June.

The open space within the rear of the subject and adjoining premises will receive the required minimum 3 hours. Complies.

 

S2,8  North-facing windows to living areas receive at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June.

The proposal includes north-facing windows that will receive at least 3 hours of sunlight. Complies.

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

S9  Solar access to solar collectors on adjacent buildings maintained between 9.00am and 3.00pm throughout the year.

The proposal will not overshadow solar collectors on adjoining properties. Complies.

 

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

The proposal will not affect north-facing windows. Complies.

 

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

The proposal does not appear to reduce solar access to private open space to less than 3 hours over part of adjoining rear yards.

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

S1  40% of the total site area is landscaped.

Approximately 46% of the site is landscaped area. Complies.

 

S1  252m of useable private open space per dwelling.

The rear yard contains an area of 144sqm. Complies.

 

S1  Minimum dimensions are 3m x 4m.

The dimensions of the above area are 10 x 14.4 sq. with relatively minimal grade. Complies.

 

S1  Private open space is located behind the building line.

The abovementioned area is located in the rear yard. Complies.

P6  Unpaved or unsealed landscaped areas are maximised.

S6  20% of the site area is permeable.

Approximately 20% of the site is permeable.

FLOOR AREA

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

S1 Floor Space Ratio

<300m2              0.65:1

>300 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2              0.5:1

The proposed FSR is 0.51:1. Complies.

HEIGHT, FORM AND MATERIALS

P1  Height relates to surrounding streetscape.

S1  Maximum 7m external wall height.

 

The proposed development has a maximum external wall height of 8.5 metres. Does not comply – see assessment at Section 8.

BUILDING SETBACKS

P2  Rear Setback

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

S2  Rear Setback

No closer than 4.5m to rear boundary.

The proposed development is over 21 metres from the rear boundary. Complies.

P3  Side Setback

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

Side setbacks on corner allotments must integrate with established setbacks of both streets and maintain the streetscape.

S3  Side Setbacks

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

The proposed development is 1280mm and 1315mm from the side boundaries at ground level. Complies.

 

S3  1.5m for any part of a building, two levels at that point.

The proposed development is sited 1280mm and 1315mm from the side boundaries at the second level, does not comply, see assessment in Section 8.

 

S3  3.0m for any part of a building more than two levels at that point.

The proposed development is sited 1780mm and 1815mm from the side boundaries at the third level, does not comply, see assessment in Section8.

VISUAL & ACOUSTIC PRIVACY

P1  Overlooking neighbouring internal living areas and private open spaces is minimised.

S1  Habitable room windows with direct outlook to others windows within 9m are offset by more than 45 degrees or have fixed obscure glazing or sill height to 1.5m.

The proposed living room window in the living/dining area will overlook habitable windows in the adjoining dwelling. Does not comply, see assessment in Section 8.

 

S1  Direct view into the private open space of adjoining dwelling is obscured or screened within 9m.

The proposed deck at the rear of the premises is recessed with opaque glazing to each end. Complies.

 

S1  Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

The proposed development incorporates windows with minimum sill heights of 1.5 metres from the floor. Complies.

GARAGES, CARPORTS AND DRIVEWAYS

Note:  Council’s car parking DCP requirements - 1-2 bedroom: 1 space; 3 bedroom:  2 spaces

 

The site contains parking for three cars. Complies.

P1  Carports, garages and parking areas designed to:

§ Ensure convenience and safety;

§ Enable the efficient use of car spaces;

§ Safe, efficient, adequate manoeuvrability.

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

 

The proposed parking space has dimensions of 5.0 x 2.5 metres. Does not comply, see assessment in Section 8.

 

S1  Driveways have a minimum width of three metres and are set back at least one metre from the side boundary (max width 3m at boundary).

The proposed carspace entry is located on the side boundary and its entry is 2.5 metres wide. Does not comply – see assessment below.

 

S1  Driveway gradients have a maximum of 1 in 6. The gradient for the first 5m from street not more than 1 in 8.

The driveway is essentially flat. Complies.

P2  Carports, garages and parking areas designed to:

§ Not detract from the streetscape;

§ Be compatible in scale, form and materials.

S2  Carports and garages located behind the building where rear access available, or behind building line where front access available.

The site has rear access to two on-site parking spaces and the proposed third hardstand space is at the front of the site. Does not comply – see assessment below.

 

S2  Driveways, car parking facilities <35% of site frontage.

The proposed driveway occupies about 24% of the width of the site frontage. Complies.

 

8.   ENVIRONMENTAL ASSESSMENT

 

8.1  Height

 

The Objectives and Performance Requirements of the DCP seek to ensure that the height and scale of development relates to the topography of the site, are not excessive in height and scale, are compatible with the existing character of the locality and that the predominant neighbourhood and street character are enhanced.

 

The Preferred Solution of the DCP includes that the external wall height of dwellings or attached dual occupancy not exceed 7m.

 

It is not considered that the proposed development satisfies the Objectives and Performance Requirements of the DCP in that the bulk and scale of the addition to the rear of the dwelling being of three levels is incompatible with the nature of the adjoining and surrounding development which is primarily of a mixture of single and two storey dwellings.

The overall wall height of the proposed development is very much greater than the adjoining premises to each side and does not have any regard for the topography of the site, and it is considered will result in adverse impacts such as inappropriate building bulk within the local streetscape.

 

In addition, the proposed development does not comply with the Preferred Solution of the DCP with respect to external wall height with the overall wall height at the rear of the premises being up to 8.5m.

 

Given that the proposal fails to satisfy either the Objectives and Performance Requirements and Preferred Solution of the DCP the proposal with respect to overall external wall height cannot be supported.

 

8.2  Setbacks

 

The Objectives and Performance Requirements of the DCP seek to integrate the development within the established setbacks of the street and allow for adequate access for natural light, daylight and fresh air to adjoining premises.

 

The Preferred Solutions of the DCP prescribe that side boundary setbacks to dwellings be 900mm for any part of the building over 1m in height and up to one level in height, 1500mm for any part at two levels and 3000mm for any part more than two levels.

 

The proposed development does not comply with the Preferred Solutions of the DCP with regards to the side boundary setbacks to the second and third level of the building, at each side.

 

Indeed these side boundary setbacks are less than those to the adjoining premises on each side and to the third level represents a significant departure from the Preferred Solution of 3m.

 

It is considered on balance, that the proposed setbacks will result in adverse impacts upon the amenity of the adjoining premises with respect to visual bulk and daylight access between the subject and adjoining dwellings which fails to satisfy the Objectives and Performance requirements of the DCP and accordingly the application cannot be supported in this regard.

 

8.3  Parking

 

The Objectives and Performance Requirements of the DCP seek to ensure that on site car parking is not visually obtrusive and not detract from the appearance of the dwelling and the local streetscape and that car parking be provided in a safe and convenient manner. The Preferred Solution of the DCP is that car parking spaces have a minimum of 2.5m x 5.5m.

 

With respect to the dimensions of the proposed carspace the proposed length of 5m is less than the required Preferred Solution of 5.5m and therefore there is a very real potential that vehicles parking in this location may overhang the footpath which may impede safe pedestrian access along this section of the footpath.

Also the proposed parking space does not comply with other Preferred Solutions in that it is located on the side boundary, is located forward of the building line and there is already other parking spaces at the rear of the site.

 

Therefore, it is considered that the proposed parking space will have an unnecessary adverse visual impact on both the appearance of the dwelling and the streetscape of Storey Street and, in addition there is a potential for vehicles to overhang the footpath   which contravenes the relevant Performance Requirements and Objectives with respect to Driveways and on-site parking.

 

For these reasons it is considered that the proposed carspace which does not comply with either the Objectives and Performance Requirements or the Preferred Solutions of the DCP cannot be supported.

 

9.    CONCLUSION

 

The proposed development does not comply with the Objectives and Performance Requirement and Preferred Solutions of the DCP for Dwellings and Attached Dual Occupancies with regards to external wall height, side boundary setbacks and car parking.     

 

It is considered that these areas of non compliance with the controls of the DCP will result in an adverse impact upon the amenity of the adjoining premises and overall the development will result in an overdevelopment of the site and will have an adverse impact upon the existing character of the locality.

 

Therefore, it is recommended that Council’s original determination to refuse development consent be confirmed.

 

RECOMMENDATION:

 

A.        That Council's original determination to refuse development consent to Development Application No.1159/03 dated 11 May 2004 be confirmed and the reasons for refusal be amended as follows:-.

 

1.           The proposed development is not consistent with objective (c) of Clause 10(1) of the Randwick Local Environmental Plan 1998, in that it will compromise the amenity of the existing surrounding residential environment. 

2.           The proposed development does not satisfy the Objective and Performance Requirement in section 4.2 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed building will appear excessively bulky and will have adverse amenity impacts on adjoining properties.

3.                The proposed development does not comply with Preferred Solution S1 in section 4.3 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that it exceeds the maximum external wall height.

4.                The proposed development does not satisfy the relevant Objectives and performance requirements in section 4.3 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling will appear excessive in scale and will have adverse amenity impacts on adjoining properties.

5.                The proposed development does not comply with Preferred Solution S3 in section 4.4 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that it does not meet the minimum side setbacks for the second and third levels.

6.                The proposed development does not satisfy the relevant Objectives and Performance Requirement P3 in section 4.4 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling will have adverse amenity impacts on adjoining properties in terms of reduced daylight and ventilation between the subject dwelling and those on adjoining sites to the east and west.

7.                The proposed development does not comply with Objectives and Performance Requirement and Preferred Solutions in section 4.5 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling does not satisfy the minimum requirements in respect of visual privacy.

8.                The proposed development does not comply with Preferred Solutions S1 in section 4.7 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that it does not satisfy the minimum requirements in respect of parking space dimensions and driveway width and setback.

9.                The proposed development does not satisfy the relevant Objectives and Performance Requirement P1 in section 4.7 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposal will not provide convenient and safe car parking and access.

 

ATTACHMENT/S:

 

1.         A4 plans

2.         Director of Planning & Community Developments Report dated 30th April 2004.

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT OFFICER


 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

30 April, 2004

FILE NO:

03/01159/GA

 

PROPOSAL:

 Alterations and a new three storey addition to the rear of the existing dwelling house and a new car space at the front.

PROPERTY:

 219 Storey Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 James and Kylie Kennedy

 

 

 

 

 

 

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 and Dominic Sullivan.

The proposal does not comply with the Preferred Solutions and Performance Requirements of Council’s DCP for Dwelling Houses and Attached Dual Occupancies with respect to floor area, height, side setbacks, visual privacy, car parking and solar access.  The areas of non-compliance result in a number of significant adverse impacts on the amenity of adjoining properties. 

The proposal is recommended is for refusal.

2.    THE PROPOSAL

It is proposed to construct a new three storey addition to the rear of the existing dwelling house.  The addition would contain a new lower ground floor level to accommodate a rumpus room with adjoining bathroom.  The existing ground floor level is to be extended to provide for additional living area and a deck.  A new third level is proposed that would accommodate a bedroom, with ensuite and walk-in-robe.  A balcony is to be attached to that third floor bedroom.  A new car space is proposed in the front yard of the site.

3.    THE SUBJECT SITE AND SURROUNDING AREA:

The subject site is located on the southern side of Storey Street between Cooper Street and Flower Street, Maroubra.  It has a 10.24 metre frontage to Storey Street, a maximum depth of 47.8 metres and a total site area of 470.6 sqm.  It also has a rear alignment with Melcalfe Street. 

The site is improved with a part one and part two storey detached dwelling house, an inground swimming pool in the rear yard as well as a garage that has direct access from Metcalfe Street.

The surrounding area is residential in character other than on the northern side of Storey Street where the Randwick Council Depot is located.  The surrounding residential environment comprises detached dwelling houses.  The adjoining site to the east is occupied by a three level dwelling and the site to the west is occupied by a two level dwelling house.  Figure 1 shows the subject site and surrounding area.

4.    SITE HISTORY

DA 00267/96: On 30 September 1996, the Council refused consent to construct an attached dual occupancy on the site and strata subdivide.

DA 00211/97: On 25 July 1997, the Council refused a further application for a dual occupancy on the site.

DA 00585/01:  On 23 August 2001, the Council approved a new two-storey building at the rear of the site containing a garage and rumpus room.

 

Figure 1: Subject site shown shaded

 

5.    COMMUNITY CONSULTATION:

 

The owners of adjoining properties were notified of the proposed development on the 15 January 2004.  As a result of this notification, the following submissions were received:

Mr and Mrs Kassaras – 217 Storey Street

Issue

Comment

Overdevelopment of the site due to the existence of the building at the rear and the extent of proposed additions.

The proposed development is considered to be an overdevelopment due to non-compliance with Preferred Solutions and Performance Requirements as discussed elsewhere in this report.

The proposed 9.5 metres height line as shown on the plans is questionable, as there is inadequate survey data to support it.

The indicated 9.5 metre height line does not apply to dwelling houses.

The structural integrity of the building is questionable.

In the event of any approval, conditions would be required to ensure structural adequacy.


Benjamin Ho – 221 Storey Street

Issue

Comment

The building will appear bulky and is over the height limit.

The proposed development is considered to be bulky, which will result largely from the combined non-compliances.

The proposal exceeds the floor space ratio.

This is correct and is discussed elsewhere.

The structural integrity of the building is questionable.

In the event of any approval, conditions would be required to ensure structural adequacy.

Overshadowing will be excessive.

As stated later in this report, the information shown on the shadow diagrams is inadequate.  Therefore, the exact impact of overshadowing cannot be fully assessed.

The balconies should have privacy screens fitted to their ends.

This may addressed by condition in the event of approval.

The proposed development should be set back from the side boundaries to reduce overshadowing.

The proposed development does not comply with the Preferred Solutions and Performance Requirements in relation to side setbacks, which will result in associated adverse impacts.

No site survey information was submitted with the DA.

A site survey with spot levels was included with the DA documentation.  However, as discussed later in this report, there is no evidence that the site survey has been prepared by a registered surveyor.  Therefore, its accuracy cannot be confirmed.

Windows on the side elevation overlook windows on the objector’s property.

The windows on the eastern elevation have minimum sill heights of 1.5 metres, which is adequate to prevent overlooking/loss of privacy.

 

6.    TECHNICAL OFFICERS COMMENTS

 

Director of Assets and Infrastructure

 

The application was referred to the Director of Assets and Infrastructure for comment.  No objections were raised subject to conditions.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

§ Randwick Local Environmental Plan 1998.

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

§ Environmental Planning and Assessment Act 1979 as amended.

§ Building Code of Australia.

 

Randwick Local Environmental Plan 1998

 

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

 

It is considered that the proposed development is not consistent with objective (c) of the Residential 2A zone, in that it will have adverse impacts on the amenity of the surrounding residential area.  The specific amenity impacts are discussed in the Environmental Assessment section of this report.

 

7.1  Policy Controls

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

 

PERFORMANCE REQUIREMENT

PREFERRED        SOLUTION

COMPLIANCE

(Whether proposal meets Performance Requirements or Preferred Solutions.)

SOLAR ACCESS

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

Design to minimise  energy  for heating, cooling by using:

§ High thermal mass materials;

§ Solar hot water systems;

§ Insulated hot water pipes;

§ Hot water tanks and heaters close to rooms where hot water used;

§ Cooking tops located away from windows, fridges and freezers;

§ Task lights;

§ Maximised natural lighting;

§ Ceiling and wall insulation to AS2627.1-1993.

S1  New dwellings provide certificate complying with a minimum (Nathers) rating of 3.5 stars or equivalent.

 

Not applicable.

P2  Orientation and design maximises solar access to living areas and open space.

 

S2  Private open space receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June.

As discussed later in this report, the information contained on the shadow diagrams is inadequate.  However, according to an assessment using the information made available, it would appear that the rear yard will not receive 3 hours of sunlight over its yard at mid-winter. Further assessment is at section 9.

 

S2,8  North-facing windows to living areas receive at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June.

The proposal includes north-facing windows that will receive at least 3 hours of sunlight. Complies.

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

S9  Solar access to solar collectors on adjacent buildings maintained between 9.00am and 3.00pm throughout the year.

The proposal will not overshadow solar collectors on adjoining properties. Complies.

 

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

The proposal will not affect north-facing windows. Complies.

 

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

The proposal does not appear to reduce solar access to private open space to less than 3 hours over part of adjoining rear yards. However, the shadow diagrams provided are inadequate and an accurate assessment cannot be made.

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

S1  40% of the total site area is landscaped.

Approximately 46% of the site is landscaped area. Complies.

 

S1  252m of useable private open space per dwelling.

The rear yard contains an area of 144sqm. Complies.

 

S1  Minimum dimensions are 3m x 4m.

The dimensions of the above area are 10 x 14.4 sq. with relatively minimal grade. Complies.

 

S1  Private open space is located behind the building line.

The abovementioned area is located in the rear yard. Complies.

P6  Unpaved or unsealed landscaped areas are maximised.

S6  20% of the site area is permeable.

Approximately 20% of the site is permeable.

FLOOR AREA

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

S1 Floor Space Ratio

<300m2              0.65:1

>300 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2              0.5:1

The proposed FSR is 0.74:1.  Does not comply – assessment at section 9.

HEIGHT, FORM AND MATERIALS

P1  Height relates to surrounding streetscape.

S1  Maximum 7m external wall height.

 

The proposed development has a maximum external wall height of 8.5 metres. Does not comply – assessment at section 9.

 

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

Not applicable.

P3  Design relates to the topography with minimal cut and fill.

S3  Cut or fill does not exceed 1m.

Not applicable.

 

S3  No excavation within 900mm of side boundary.

Not applicable.

 

S3  No excavation within 3m of rear boundary.

Not applicable.

P4  Design preserves privacy and natural light access to neighbours.

S4  Length of second storey portion is not greater than 12m at less than 1.5m from a southern boundary.

Not applicable.

P5  Second storey of a semi detached dwelling integrates with streetscape and adjoining dwelling.

S5  Second storey potion of a semi is confined within an existing roof space or setback from the front elevation and respects the symmetry of the adjoining semi.

Not applicable.

BUILDING SETBACKS

P1  Front Setback

Generally conforms to adjoining development or dominant setback along street.

S1  Front Setback

The average of adjoining dwelling or 6m setback where no adjoining dwellings exist.

Not applicable.

P2  Rear Setback

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

S2  Rear Setback

No closer than 4.5m to rear boundary.

The proposed development is over 21 metres from the rear boundary. Complies.

P3  Side Setback

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

Side setbacks on corner allotments must integrate with established setbacks of both streets and maintain the streetscape.

S3  Side Setbacks

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

The proposed development is 1.3 metres from the side boundaries. Complies.

 

S3  1.5m for any part of a building, two levels at that point.

The proposed development is 1.3 metres from the side boundaries. Does not comply – assessment below.

 

S3  3.0m for any part of a building more than two levels at that point.

The proposed development is 1.3 metres from the side boundaries. Does not comply – assessment below.

VISUAL & ACOUSTIC PRIVACY

P1  Overlooking neighbouring internal living areas and private open spaces is minimised.

S1  Habitable room windows with direct outlook to others windows within 9m are offset by more than 45 degrees or have fixed obscure glazing or sill height to 1.5m.

The proposed west-facing lounge room windows will overlook habitable room windows in the adjoining dwelling. Does not comply – assessment below.

 

S1  Direct view into the private open space of adjoining dwelling is obscured or screened within 9m.

The proposed rear decks will overlook the rear yards of the adjoining properties within 9 metres. Does not comply – assessment below.

 

S1  Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

The proposed development incorporates windows with minimum sill heights of 1.5 metres from the floor. Complies.

P3  Dwellings close to noise sources such as busy roads or industry designed to provide comfortable living and sleeping environment.

S3  Buildings comply with AS-2107: Acoustics – recommended design sound levels and reverberation times for building interiors.

Not applicable.

SAFETY AND SECURITY

P1  Buildings face the street and provide casual surveillance.

S1,2,3  Front doors visible from street.

Not applicable.

 

S1,3  At least one habitable room window overlooks the street.

Not applicable.

P2  Entries are readily identifiable.

S2  Street number displayed.

Not applicable.

P3  Front fences, landscape areas and driveways promote safety and security.

S3  Fences comply with fencing requirements.

Not applicable.

GARAGES, CARPORTS AND DRIVEWAYS

Note:  Council’s car parking DCP requirements - 1-2 bedroom: 1 space; 3 bedroom:  2 spaces

 

The site contains parking for three cars. Complies.

P1  Carports, garages and parking areas designed to:

§ Ensure convenience and safety;

§ Enable the efficient use of car spaces;

§ Safe, efficient, adequate manoeuvrability.

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

 

The proposed parking space has minimum dimensions of 5.0 x 2.5 metres. Does not comply – assessment below.

 

S1  Driveways have a minimum width of three metres and are set back at least one metre from the side boundary (max width 3m at boundary).

The proposed carspace entry is located on the side boundary and its entry is 2.5 metres wide. Does not comply – assessment below.

 

S1  Driveway gradients have a maximum of 1 in 6. The gradient for the first 5m from street not more than 1 in 8.

The driveway is essentially flat. Complies.

 

S1  Garages and carport to a rear lane are 1m setback.

Not applicable.

P2  Carports, garages and parking areas designed to:

§ Not detract from the streetscape;

§ Be compatible in scale, form and materials.

S2  Carports and garages located behind the building where rear access available, or behind building line where front access available.

The site has rear access to two on-site parking spaces and the proposed third hardstand space is at the front of the site. Does not comply – assessment below.

 

S2  Driveways, car parking facilities <35% of site frontage.

The proposed driveway occupies about 24% of the width of the site frontage. Complies.

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

Not applicable

 

S1  Solid front fences in front of the building line no higher than 1.2m.

Not applicable

 

S1  Fences in front of the building line no higher than 1.8m with upper two thirds at least 50% open. (Not applicable in Heritage Conservation Areas).

Not applicable

 

1.   


 

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

 

The proposal does not comply with the Preferred Solution of the DCP relating to Floor Area.  The proposal has 349 sqm of floor area.  The breakdown is as follows:

 

Floor Area

Balconies

Garage

Voids

Lower ground

134.3 (inc 64sqm in studio @ rear)

0

64

0

Ground

137.0

21.5

0

0

First

50.3

21.5

0

0

Total

+321.6

+3 (minus 40)

+24 (minus 40)

0

 

This non-compliance equates to 71 sqm of excess floor area.  As indicated above, 27sqm of that is either excess balconies or garage floor area, with the remaining 44sqm of that being habitable floor area. 

The applicant has stated that as the balance of excess floor area is located in the upper level of the detached building at the rear of the site, the building bulk is distributed over the site.  However, the fact remains that it is an excessive departure from the Preferred Solution, and its departure is related to other issues of non-compliance, which will in turn have adverse impacts on the amenity of the site and adjoining properties.  In this respect, and as discussed later in this report, the proposed development also does not comply with Preferred Solutions in relation to height and overshadowing. 

Further, the proposal is not consistent with the Objective and Performance Requirement in relation to Floor Area, as it is considered to be an overdevelopment of the site and will appear excessively bulky and out of scale with other properties in the locality.  For these reasons, it is considered that non-compliance with respect to the provisions relating to Floor Area is not, in this instance, acceptable.

It is also noted that in respect of the density of adjoining properties, the FSR of the dwelling on the adjoining site to the east is 0.6:1, which complied with the relevant controls when it was approved in 2001. 

 

8.2  Height

 

The proposed development does not comply with the Preferred Solution of the DCP relating to external wall height.  The proposed development has a greater wall height than that of the dwellings on the adjoining sites to the east and west.  Also, the design of the proposal does not relate to the topography of the site and will result in adverse impacts such as overshadowing as discussed elsewhere in this report.  Therefore, not only does the proposal not comply with the Preferred Solution but it is not consistent with the relevant Preferred Solution and Objectives in relation to Height. 

It is further noted that given the extent of its departure, as well as the fact that it is greater than other examples of non-compliance, and that its height is related to other issues of non-compliance and resultant adverse impacts, non- compliance with respect to the provisions relating to Height, in this instance, is not supported.

 

It is also noted that the site survey plan submitted with the development application does not appear to have been prepared by a registered surveyor and, therefore, its accuracy cannot be confirmed.  Although the documentation submitted shows that the height does not comply with the Preferred Solution as discussed above, the degree of non-compliance may, indeed, be greater.  In any case, submission of a plan prepared by a registered surveyor – being a submission requirement as stipulated in Council’s DA Guide – would be the only manner in which information could be obtained to assess the precise height of the proposed development.

 

8.3  Setbacks

 

The proposed development does not comply with the Preferred Solutions of the DCP with respect to Side Setbacks.  The proposed development has lesser side setbacks than those of the dwellings on the adjoining sites to the east and west.  Given the extent of the proposed departure from the Preferred Solutions, as well as the fact that the proposed side setbacks are lesser than those of adjoining dwellings, and that it is related to other issues of non-compliance and resultant adverse impacts, non-compliance, in this instance, is not supported.  Particular adverse impacts resulting from non-compliance would be reduced daylight and ventilation between the subject dwelling and those on the adjoining sites.  Therefore, not only does the proposal not comply with the Preferred Solutions but it is also not consistent with the relevant Preferred Solution and Objectives relating to Side Setbacks.

 

For these reasons, it is considered that non-compliance with respect to the provisions relating to Side Setbacks is not, in this instance, acceptable.

8.4  Privacy

 

The proposed development does not comply with the Preferred Solutions of the DCP relating to Visual Privacy.  The proposed windows on the western elevation look onto habitable room windows on the adjoining dwelling to the west.  Also, the proposed rear decks look directly into the private open space of the adjoining dwellings to the east and west.  The resultant visual privacy impacts are considered to be unacceptable and will adversely affect the amenity of the occupants of the adjoining properties.  It is considered that the loss of privacy will result from design that is inappropriate and one that has lack of separation of inadequate consideration to placement of windows and balconies.  Therefore, not only does the proposal not comply with the Preferred Solutions but it is also not consistent with the relevant Preferred Solution and Objectives relating to Visual Privacy.

For these reasons, it is considered that non-compliance with respect to the provisions relating to Visual Privacy is not, in this instance, acceptable.

 

8.5  Parking

 

The proposed development does not comply with the Preferred Solutions of the DCP relating to Driveways and on-site parking.  With respect to the inadequate dimensions of the proposed parking space, non-compliance is not considered to be acceptable, particularly given that the site has two existing on-site parking spaces.  The potential also exists for injury to pedestrians resulting from a vehicle that may extend beyond the front boundary of the site, onto Council’s land.  Further, the proposed parking space does not comply with other Preferred Solutions outlined in the table earlier, in that it is located on the side boundary and is located forward of the building line in a situation where other parking exists at the rear of the site.  Therefore, the proposed parking space is considered to have an unnecessary adverse visual impact on the streetscape of Storey Street and will not provide parking in a safe manner, which is inconsistent with the relevant Performance Requirements and Objectives in respect of Driveways and on-site parking. 

For these reasons, it is considered that non-compliance with respect to the provisions relating to Driveways and on-site parking is not, in this instance, acceptable.

8.6  Overshadowing

 

It is noted that the shadow diagrams submitted by the applicant do not contain the information required by Council’s DA Guide.  It would appear that the position of the north point is not accurate and the shadows cast by the existing and proposed development (including development on the adjoining sites) is not adequately illustrated.  A calculation of the potential overshadowing impacts reveals that the rear yard of the subject site may not receive the required 3 hours of sunlight at midwinter.  It is noted that this is due to the fact that the development does not comply with the Preferred Solutions for height, FSR and side setbacks.  The proposed building is not designed and sited to maximise solar access to private open space on the site and, therefore, the proposal is not consistent with the relevant Performance Requirement and Objectives relating to Solar Access. 

 

It is also important to note that that although the proposed development appears to comply with the Preferred Solution in relation to overshadowing of private open space of adjoining properties, if the building were to comply with provisions of the DCP in respect of height, FSR and side setbacks, the extent of overshadowing of those adjoining properties would be substantially reduced.

For these reasons, it is considered that the proposed development is not acceptable with respect to the provisions of the DCP relating to Solar Access.

9.    CONCLUSION

 

The proposed development does not comply with a number of the Objectives, Performance Requirements and Preferred Solutions of the DCP for Dwellings and Attached Dual Occupancies. Those areas of non-compliance result in adverse impacts on the amenity of the subject site and that of adjoining properties.  The arguments provided by the applicant in respect of non-compliance with the relevant assessment criteria do not have merit.  Having regard to all relevant matters for consideration, the proposal is considered to be an overdevelopment of the site and will result in adverse impacts upon the amenity of the subject site, the adjoining premises and the character of the locality.

The application is, therefore, recommended for refusal.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA 1159/03 for Alterations and a new three storey addition to the rear of the existing dwelling house and a new car space at the front at 219 Storey Street, Maroubra for the following reasons:-

 

1.       The proposed development is not consistent with objective (c) of Clause 10(1) of the Randwick Local Environmental Plan 1998, in that it will compromise the amenity of the existing surrounding residential environment. 

2.       The proposed development does not comply with Preferred Solution S1 in section 4.2 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that it exceeds the maximum FSR for the site.

3.       The proposed development does not satisfy the Objective and Performance Requirement in section 4.2 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling will appear excessively bulky and will have adverse amenity impacts on adjoining properties.

4.       The proposed development does not comply with Preferred Solution S1 in section 4.3 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that it exceeds the maximum external wall height.

5.       The proposed development does not satisfy the relevant Objectives in section 4.3 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling will appear excessive in scale and will have adverse amenity impacts on adjoining properties.

6.       The proposed development does not comply with Preferred Solution S3 in section 4.4 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that it does not meet the minimum side setbacks at the height of the building at two levels and at three levels.

7.       The proposed development does not satisfy the relevant Objectives and Performance Requirement P3 in section 4.4 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling will have adverse amenity impacts on adjoining properties in terms of reduced daylight and ventilation between the subject dwelling and those on adjoining sites to the east and west.

8.       The proposed development does not comply with Preferred Solutions S1 in section 4.5 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling does not satisfy the minimum requirements in respect of visual privacy.

9.       The proposed development does not satisfy the Objective and Performance Requirement P1 in section 4.5 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling will have adverse amenity impacts on adjoining properties in terms of reduced privacy to the internal spaces, of the dwelling on the adjoining site to the west, and to the private outdoor open spaces, of the adjoining sites to the east and west.

10.     The proposed development does not comply with Preferred Solutions S1 in section 4.7 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that it does not satisfy the minimum requirements in respect of parking space dimensions and driveway width and setback.

11.     The proposed development does not satisfy the relevant Objectives and Performance Requirement P1 in section 4.7 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposal will not provide convenient and safe car parking and access.

12.     The proposed parking space is considered to be beyond the satisfactory parking requirements of the site and will have resultant unnecessary adverse impacts and has non-compliance issues.

13.     The proposed development does not appear to comply with Preferred Solution S2 in section 3.1 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the private open space on the subject site will not achieve minimum solar access requirements.

14.     The proposed development does not satisfy the relevant Objectives and Performance Requirement P2 in section 3.1 of the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in that the proposed dwelling has not been designed to maximise solar access to private open space on the subject site and will, as a result, minimise opportunities for the enjoyment of solar access.

15.     Non-compliance with Preferred Solutions and relevant Objectives and Performance Requirements in relation to FSR, height and side setbacks, will result in the proposed dwelling having a greater degree of overshadowing of adjoining properties than would result if the proposal, otherwise, satisfied those requirements.

16.     Inadequate information has been provided with the application in relation to overshadowing and survey levels.

 

ATTACHMENT/S:

 

Plans

 

………………………………

………………………………

 

TOM HUTCHISON

DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 

 








 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

15 November, 2004

FILE NO:

D0713/2004

 

PROPOSAL:

 Demolish the existing dwelling and construct a four storey multi unit development comprising of 4x3 bedroom apartments, basement car parking for 9 vehicles including storage areas and associated strata subdivision

PROPERTY:

 28 Arcadia St Coogee

WARD:

 East Ward

APPLICANT:

 Allen Jack and Cottier Architects

 

 

 

 

 

 

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 Bradley Hughes, Murray Matson, Margaret Woodsmith.

 

The proposed development was the subject of a pre-lodgement meeting and a referral to the Design Review Panel. Based on the Design Review Panel’s comments, amendments were required which were formulated into plans lodged with the current development application. The amendments included deleting the upper floor and the 4x 3 bedroom split level apartment form to provide a roof form more compatible with the slope of the land and requiring less excavation by raising the external wall height above that permissible under the RLEP 1998. The application was referred to the panel and generally the proposal was supported and considered to be consistent with SEPP 65.

 

The application has been the subject of submissions objecting in relation to primarily traffic impacts, view loss and height of the building. These objections are discussed in greater detail within the report. Based on a primary objection of view loss, the upper level has been redesigned to improve sightlines along the eastern setback area of the building and through the imposition of a deferred commencement condition, the overall height of the development must be lowered further by 1200mm. Based on the amended plans and the further lowering of height as per the deferred commencement condition, the objections to the development are considered to have been adequately addressed and the proposal satisfies view sharing principles.

 

The development is considered to be consistent with the character of the locality, the objectives of floor space ratio (FSR) and height standards have been satisfied and the development will have minimal amenity impacts to neighbouring properties.

 

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

 

2.    THE PROPOSAL

 

The proposal is for demolition of the existing dwelling house and erection of a new four storey building with associated basement parking for 9 vehicles. The apartments provide for 4 x 3 bedroom units. One apartment is provided to each floor level with balcony and terrace areas provided to the rear of each apartment. Vehicular and pedestrian access to the development is provided from Arcadia Street.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Arcadia St between Beach Street and Arden Street. The site is located between a three storey multi unit development to the east and a two storey dwelling to the west. To the north of the subject site (No. 143 Arden Street) is a two storey dwelling house that is listed as an item of environmental heritage. Arcadia Street is comprised of a mixture of architectural styles and densities with generally a scale of three and four storey developments with typically four units provided to each development.

 

The subject site has a total area of 697.5sqm with a frontage of 13.51m and a depth of some 51.6m. The site has a cross fall of 10m with the site elevated some 5m above street level. The site is currently occupied by a single storey inter-war period bungalow with no associated structures or vehicular access.

 

Subject site from Arcadia street level                               Existing dwelling house

 

Subject site retaining wall visible at intersection.           Recently completed 90 Beach St

 

Immediate locality Arden St western side of street                        Southern side of Arcadia St

 

Elevated nature of the subject site evident from this photo which was taken at ground level at the front of the subject site.

 

 

4.    SITE HISTORY

 

a.           APPLICATION HISTORY

 

The application was the subject of a prelodgement meeting where a scheme was presented to Council incorporating 3x3 bedroom single level apartments and 1x3bedroom 2 storey penthouse apartment which complied with the height requirements. The proposal was referred to the design review panel in accordance with SEPP 65 and it was recommended by the Panel that the external wall height be breached to allow for improved internal amenity for these apartments and conversion of the penthouse apartment into a single level apartment in keeping with the other three apartments. This would ensure a roof form more in keeping with the slope of the land and require less excavation. The proposed side setbacks and FSR remained substantially the same between the two schemes.  The development application that was originally lodged with Council incorporated the amendment recommended by the Design Review Panel.

 

Based on objections received for the proposal, primarily for view loss from neighbouring property to the north, the applicant was asked to explore the opportunities for view retention for this property No. 143 Arden Street. The applicant provided amended plans which increased fourth level setbacks to the eastern boundary to improve sightlines to the east whilst also lowering the overall height of the building by 400mm. These plans are recommended for approval as part of this application.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the DCP – Public Notification. Five submissions objecting to the proposal were received in which the following issues were raised:

 

5.1  Objections

 

S Bashir

143 Arden St

 

P Everingham

3/21 Arcadia St

 

 

Petition of some 69 signatories  (there was no identified Head Petitioner)

 

MC Knibbs

349a Alison Rd

 

K Ransome & L Osborn

4/21 Arcadia St

 

·          Concern for damage for retaining walls to Arcadia St

 

Comment

 

A dilapidation report for the retaining wall has been submitted to Council for consideration by Council’s Department of Assets and Infrastructure. The structural report has been prepared commenting on the integrity of the existing wall to accommodate the works without adversely affecting its condition.

 

·          The height of the proposal exceeds the permissible height controls

 

Comment

 

A full discussion on the height of the proposal and its variation from external wall height has been provided under the Environmental Assessment section of this report.

 

·          Loss of district views for properties to the north of the subject site

 

Comment

 

A detailed assessment on view loss has been provided as part of the Environmental Assessment section of this report.

 

·          Floor space ratio is double what is permissible and is not compatible with surrounding built forms and does not have a positive impact on its immediate neighbours

 

Comment

 

The proposed FSR exceeds the maximum permissible, and a SEPP 1 objection has been submitted with the application seeking a variation from the standard. A detailed assessment of the proposed FSR has been provided under the Environmental Assessment section of this report.

 

·          Side setbacks are double what is permissible with the average not achieved

 

Comment

 

The average side setback provided is between 2.5m and 2.7m, which does not achieve the preferred setback of 4m. A detailed assessment on setbacks is provided under the Environmental Assessment section of this report.

 

·          The extent of views lost of the beach for No. 143 Arden St is considered to be unreasonable

 

Comment

 

View loss is addressed under the Environmental Assessment section of this report.

 

·          The proposal will result in noise levels and privacy impacts to the northern and southern elevations

 

Comment

 

There are no windows provided to side elevations that would generate overlooking opportunities. Terraces to the northern elevation will have adequate privacy treatment to reduce sightlines and terraces to the south are a sufficient distance to prevent over viewing to properties on the opposite side of Arcadia Street. A detailed assessment of privacy is provided under Environmental Assessment section of this report.

 

·          The mature phoenix palm to the rear of the site should be removed as it houses vermin

 

Comment

 

This removal of this palm will be included as a condition of consent.

 

·          Concern for appropriateness of the fence materials and location of the clothes lines

 

Comment

 

There are no fence details provided as part of this application as the level difference as a result of the level of excavation proposed will negate the need for dividing fences where retaining walls will achieve the same purpose.

 

·          Concerns for structural management of the site given the steepness and site conditions

 

Comment

 

Appropriate construction management conditions will be included as part of any recommendation for approval.

 

·          Concern that the development will remove 3 on-street car spaces

 

 

 

Comment

 

A detailed assessment on parking demand and traffic impacts as a result of this proposal is provided under technical officer’s comments and Environmental Assessment section of this report. However, it is noted that as sufficient parking spaces for the development have been provided, it will not have an unreasonable impact on available on street parking.

 

·          Access issues for Arcadia street when construction is commenced.

 

Comment

 

Pedestrian access along Arcadia St is required to be provided by the applicant throughout the period of construction, Appropriate conditions of consent will be included as part of any recommendation for approval.

 

·          The character of the building is considered to be inconsistent with the dominant character of the area

 

Comment

 

A detailed assessment on the built form of the development and its appropriateness within the streetscape has been provided under State Environmental Planning Policy No. 65 section of this report.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Heritage Planner

 

The subject site is considerably elevated above the street and is occupied by a single storey early twentieth century dwelling with some Arts and Crafts features.  To the east of the site is a residential flat building probably constructed in the post war period which steps up the site to maintain a three storey scale.  To the west of the site is an elevated two storey building.  To the north of the site is a Spanish Mission style house listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet for the building notes its “individualistic design.  Large porch area with triple arches on barley twist columns.  Square tower feature beside.”  Externally, the dwelling retains much of it original detail including cement render, ironwork and terracotta tile decoration, and timber window and door joinery.  Internally, original detail includes an arched hallway screen supported by ornate columns and timber parquetry flooring.

 

Clause 43(3) of Randwick LEP 1998 requires Council to take into consideration the likely affect of the proposal on the heritage significance of any heritage item in the vicinity.

 

The layout of the dwelling, including location of living areas and loggias indicates that it was designed to take advantage of views to the west, east and south.  An arched loggia to the front of the house, adjacent to the lounge room, provides district views to the west.  A colonnaded loggia, now glazed, adjacent to the dining room, provides views to the south over Coogee Beach.  It is likely that when the dwelling was originally constructed, it was surrounded by single dwellings.  These have been gradually replaced by multi-unit housing, both higher in scale and having reduced boundary setbacks.  These buildings have included the three storey residential flat building at no.30 Arcadia Street, the recent development on the corner of Beach and Arcadia Streets, and the buildings immediately to the north, east, and west of the subject site.

 

There are concerns that the scale of the proposed development in Arcadia Street in combination with its rear boundary setback will further detract from the setting of the heritage item and interrupt the views to the south which the dwelling was designed to enjoy.  It is suggested that the applicant explore further design options which could improve the setting of, and views from the heritage item, including reducing height, and increasing side and rear setbacks.

 

The external wall height of the development has been lowered as part of the amended plans that redesigned the upper level, and will be required to be lowered further pursuant to deferred commencement conditions.

 

6.2       Building Services comments

 

The Proposal

 

The proposal provides for the demolition of the existing dwelling and the erection of a 4 storey residential multi unit housing building, with basement level car park.

 

BCA Building Classification

 

§ Class 2        -   Residential units

§ Class 7a      -   Car park

 

Background

 

The existing building on site is a post war brick cottage bounded by residential flat buildings. A search of Council’s records could not disclose any previous use of a potentially contaminating nature.

 

Key Issues

 

Site Management:

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

 

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

 

Building Code of Australia (BCA):

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

 

Conclusion:

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

 

RECOMMENDATION:

 

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

 

6.3       Director of Assets and Infrastructure

 

A development application has been received for the construction of a residential flat building at the above site containing 4 x 3 bedroom units, with basement car parking for nine vehicles.

 

Landscape Comments

 

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

 

1.   One Melaleuca armillaris (Honey myrtle) located along the eastern boundary of the front of the front of the site. This tree is in the order of approximately 6 metres in height and appears to be in average condition. Permission is granted for the removal of this tree, subject to one replacement (not palm) within the site.

 

2.   One Melaleuca species (Paperbark) located along the eastern boundary of the front of the site. This tree is in the order of approximately 6 metres in height and appears to be in average condition. Permission is granted for the removal of this tree, subject to one replacement (not palm) within the site.

 

3.   One Schefflera actinophylla (Umbrella Tree) located along the eastern boundary of the rear of the site. This tree is in the order of approximately 6 metres in height and appears to be in average condition. Permission is granted for the removal of this tree, subject to one replacement (not palm) within the site.

 

4.   One Olea europaea (Common Olive) located along the eastern boundary of the rear of the site. This tree is in the order of approximately 6 metres in height and appears in average condition. Permission is granted for the removal of this tree, subject to one replacement (not palm) located within the site.

 

5.   One Olea europaea (Common Olive) located along the western boundary of the rear of the site. This tree is in the order of approximately 6 metres in height and appears in average condition. Permission is granted for the removal of this tree, subject to one replacement (not palm) located within the site.

 

6.   Three Phoenix canariensis (Canary Island Palms) located along the northern boundary of the site. These trees are in excess of 8 metres in height and appear to be in average condition.  The plans indicate the retention of these trees and as such should be retained as part of this application. However as these trees are in average condition it is recommended that the applicant be advised to provide an Arborist report prior to issue of the Construction Certificate, to determine weather the trees are worthy of retention. Should the Arborist report indicate that the trees are not worthy of retention permission is granted for their removal.

 

            Should the Arborist recommend the trees are suitable for their retention, the Arborist        is to provide a report outlining tree protection measures. The applicant shall comply     with all tree protection measures outlined in the Arborists report.

 

Civil works comments

 

The applicant shall meet the full cost for a Council approved contractor to construct the vehicular crossing with associated retaining walls, pedestrian bridge and guard rails.

 

Comments on Council’s Retaining Wall

 

Further to our previous memo dated 20 September 2004, and in accordance with discussions held with the applicant on the 29/9/2004, the applicant has submitted an amended plan detailing the proposed piling and excavation arrangements within Council’s road reserve along the Arcadia Street site frontage. The proposed amendments (as detailed on the attached unnumbered plan received 2/11/2004) have been reviewed by Council’s Manager - Design and are considered to be satisfactory.

 

The applicant has submitted a letter from Rickard Hails Moretti (dated 8 October 2004) that notes that design of front retaining wall will be undertaken in such a manner as to ensure that the retaining walls are stable at all times.

 

The contiguous piling constructed along the front property boundary shall be designed to be structurally independent of the earth support in front of the wall so that if the ground is excavated back to the property boundary at any time in the future, the stability of the retaining wall will not be undermined. The retaining wall shall be designed by a suitably qualified structural and/or geotechnical engineer who shall carry out inspections during construction of the wall and certify on completion that the wall has been constructed in accordance with their design requirements.

 

The applicant shall meet the full cost to repair/reconstruct any damaged sections of the retaining wall (extending 15 metres either side of the site boundaries) located along the Arcadia Street frontage.

 

Comments on Pedestrian Access

 

Pedestrian access to 30 Arcadia Street shall be maintained at all times during construction. It is noted that the arrangements shall include temporary access stairs being provided from the adjoining property (30 Arcadia Street) down to Street level with provision being made for the temporary storage of bins beneath the stairs on Council’s property. It is the responsibility of the applicant to ensure that the stairs suitably constructed and maintained to ensure that they do not pose as a safety hazard to pedestrian and/or vehicular traffic at any time.

 

The temporary stairs shall be provided until such time as the basement access driveway and top slab have been poured and safe pedestrian access is available along the site frontage.

 

Drainage Comments

 

On-site stormwater detention is not required for this development.

 

All stormwater runoff being discharged from the site shall be directed to Council’s underground drainage system in Arcadia Street.

 

To facilitate this connection, the applicant will be required to meet all costs associated with:

 

a)           Extending the existing council stormwater pipeline from the kerb inlet pit located on the southern side of Arcadia Street (immediately to the east of the driveway accessing 90-96 Beach Street) in a westerly direction up to be in line with the eastern boundary of the subject site frontage;

 

b)           Constructing a new kerb inlet pit on the southern side of Arcadia Street (in front of eastern boundary of the subject development site) at the end of the stormwater extension referred to in part a) above;

 

c)           Constructing an additional kerb inlet pit on the northern side of Arcadia Street immediately to the east of the proposed vehicular access and connecting this pit to the new kerb inlet pit on the southern side of Arcadia Street via a new 375 mm diameter pipeline; and

 

d)           Connecting the site discharge pipeline into the new kerb inlet pit located on the northern side of Arcadia Street.

 

Due to the presence of a street tree and power pole immediately to the west of the existing kerb inlet pit in Arcadia Street, it may be necessary to extend the pipeline under the kerb and gutter (rather then behind the kerb). The applicant will be required to meet all costs associated with reconstructing the roadway and kerb and gutter on the southern side of Arcadia Street, if required.

 

Traffic Comments

 

The average traffic generation for the proposed residential development consisting of 4 residential units will be in the range of 16 to 20 vehicle movements per day.

 

The expected peak flow volume of approximately 2 vehicles per hour is considered low and no delays should be experienced in Arcadia Street as a result of this development.

 

The driveway opening at the Arcadia Street frontage shall be constructed in general accordance with the unnumbered and undated A4 Level 0 plan received by Council on the 2/11/2004.

 

Waste Comments

 

The proposed bin storage area shall be sized to contain a total of 4 x 240 litre garbage bins (2 x 240 litre garbage bins and 2 x 240 litre recycling bins).

 

The bins shall be presented for collection on the footpath area immediately behind the splay corner located on the western side of the vehicular access to the site.

 

A condition of consent should be imposed requiring the removal of the phoenix palms in the north-western corner of the site as these trees are particularly prone to attack by fusorium oxysporum, a fungal disease for which there is no known cure.  Further, it is likely that the trees are infested with vermin and, as such, are an inappropriate species.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

7.1       State Environmental Planning Policy No. 65

 

The application was referred to the Council’s Design Review Panel. The following comments were provided by the Panel:

 

INTRODUCTION

 

It was noted that this was a Development Application and the second Panel meeting with the applicant.

 

PANEL COMMENTS

 

The Panel first saw this application in June 2004. A number of revisions put forward by the Panel have been incorporated into the amended plans.

 

1.         Relationship to the Context of the Proposal

           

As noted previously, the Panel recognizes the difficulties in developing this site.

 

The car park entry and reconstruction of the sandstone retaining walls need to be well constructed to Council requirements.

 

2.         The Scale of the Proposal

 

The stepped building form is an appropriate response to the site, subject to the amendments put forward below.

 

The articulation of the roof forms and slots help articulate the building volumes.

 

The Panel remains concerned about the height of the retaining walls on both eastern and western sides of the proposed building. Elevations of the retaining walls, showing the neighbouring buildings, should be submitted as part of the DA documentation. Additional cross sections should also be supplied.

 

3.         The Built Form of the Proposal

 

The Panel considers that the building should be brought forward (south) by approximately 2 metres, to match the street alignment of the neighbouring buildings. Bringing the building forward would also allow the "slot" to be made slightly wider. The building could also be slightly raised.

 

In combination these measures would slightly reduce the subterranean nature of Unit 1, and consequently improve its solar access and natural ventilation.

 

The lift and common stair are located far back from the street alignment, necessitating a very long external entry passage. Particular attention must be given to the qualities of the entry sequence, such as the amount of light, legibility and the like.

 

4.         The Proposed Density

 

The Panel notes that the proposed density is well above the permissible floor space. The applicant put forward the argument that the additional floor space is provided below existing natural ground, therefore not overly increasing bulk. The Panel is not convinced by the merits of this argument, given the excessive excavation proposed (see below).

 

Any argument for increased density needs to be supported by high quality design, incorporation of progressive environmental design principles, good amenity to all dwellings and reasonable impacts on neighbours.

 

5.         Resource and Energy Use and Water Efficiency

 

The Panel previously noted its concerns about the extent of excavation (in the discussion under design Principles 2, 3, 5, 6 and 7). Excessive excavation can have a number of negative impacts, including affecting the water table, extended construction times using heavy machinery, excessive truck movements and generation of excess fill. Changes to the ground levels and water table have the potential to imperil adjoining trees, buildings and Council infrastructure.

 

Therefore the Panel would prefer a scheme with less excavation.

 

Due to the smallness of the site, all units have excellent cross ventilation and daylight to all service rooms

 

6.         The Proposed Landscape

 

The Panel is concerned that the site is wholly excavated, and virtually all existing landscape removed.  The existing trees shown retained in the photo montage do not seem achievable.

 

 

7.         The Amenity of the Proposal for its Users

           

The Panel remains concerned about the subterranean nature of Unit 1. Its outlook on either side will be to high retaining walls. This unit should preferably be reduced in area.

 

Storage areas should be relocated to an upper level. The over-provision of car parking should also be reduced. Both measures would decrease excavation.

 

Consideration should be given to allowing the terraces on the northern end to be open and not enclosed.

 

8.         The Safety and Security Characteristics of the Proposal

 

Bringing the building forward would improve the surveillance of the street.

 

9.         Social issues

 

The Panel supports the small number of apartments in this development, which would provide a desirable housing choice in this part of Coogee.

 

10.       The Aesthetics of the Proposal

 

The aesthetics seem generally acceptable however the Panel was supplied with particularly small scaled and unreadable drawings.  A materials board would be of assistance.

The Panel queries the shape of the curving balcony, which should be corrected on the photomontages.

 

The slot should be widened, to increase the separation of the parts of the building

 

SUMMARY AND RECOMMENDATIONS

 

 

The Panel considers that this application has improved.  The Panel considers that if the applicant addresses all the issues outlined above, in association with the assessing planner, there is no need to see it again.

 

The substantive recommendations of the panel in regards to increasing the height of the building and pushing the building bulk closer to the front of the site would have greater  amenity and view loss implications to neighbouring properties and as such have not been pursued with the applicant.

 

7.2       Randwick Local Environmental Plan 1998

 

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

 

 

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

50% landscaped area with no more than 50% over podium

57% provided as landscaped area 49% of this is provided above podium

Yes

32 - FSR

0.6:1

0.96:1

No- SEPP 1 objection provided

33 - Building Height

7m  external wall height

9.5m overall maximum height

8.5m external wall height and 8.8m overall.

No, however the external wall and overall height will be reduced by 1200mm. SEPP1 objection submitted with proposal.

Other Clauses

Effect

Applies

Comment

46

Vicinity of Heritage Item

Yes

Subject to the lowering of the proposed building there will not be an adverse impact on the heritage significance of 143 Alison Rd

 

7.3       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 Preferred Solutions, 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.)

Site Planning

P1  Development applications accompanied by Site Analysis Plan.

 

Yes

P2  Development sites have appropriate areas/dimensions to allow for satisfactory siting of buildings.

S2  Sites are of regular shape with frontages of at least 20m.

Yes, 13.51m frontage however performance requirements achieved.

Height

P1  Heights of walls, their location and orientation do not cause substantial adverse impacts on streetscape or adjoining properties.

 

No, See assessment section

P2  Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.

 

Yes built form is well articulated with extensive wall modulation

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Yes, at 9.2m setback 3m from adjoining properties alignment.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

S2  Zone 2B

Minimum average setback 4 metres.

 

 

No part closer than 2.5 metres.

 

Maximum length of wall without articulation is 10 metres.

 

 

Minimum length of any step is 3 metres.

No, average of 2.5-2.7m however minimal amenity impacts and high level of articulation achieved.

 

 

Yes.

 

Yes extensive modulation provided maximum length of 10m.

 

 

Each step exceeds 3m.  

P3  Rear Boundary Setbacks

Ensure that:

§ solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

 

 

 

Yes 14m setback average and minimum.

Maximum rear wall length is less than 10m.

P4  General

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

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

Yes

Density

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

 

Yes detailed assessment under the Environmental Assessment section of this report.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

No front fence proposed.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1  Minimum for landscaped area 2 metres.

Yes sufficient private open space provided with minimum dimensions exceeded.

P2  Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

Yes communal open pace provided around units above and outside of podium levels.

P3  Private Open Space

Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

Adequate levels of privacy achieved to open space.

P4  Is located in front of the building only where setback and fence design sympathetic.

 

Private opens space provided forward of building line but not readily visible from streetscape due to elevated level of the site.

P6  Flats and apartments

Each dwelling has direct access to an area of private open space.

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

Yes each unit provided with over 8sqm with a minimum of approximately 15sqm all with a minimum dimension of 2m.

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.

Yes, adequate privacy measures proposed with the use of louvres where separation is less than 10m.

P2  Private open space design and location ensure privacy.

 

Yes use of privacy screens proposed.

P3  Acoustic Privacy

Building layout and design minimises noise transmission. of noise. Quiet areas separate noise-generating activities.

 

Yes per condition of consent compliance with BCA acoustic measures.

P4  Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with Building Code of Aust.

Yes per BCA compliance.

View Sharing

P1  Design and location of buildings considers surroundings for assessing impact on views.

 

Yes, subject to deferred commencement condition lowering height. Detailed assessment provided under the Environmental Assessment section of this report.

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

 

Yes, as above.

P3  Buildings are aligned to maximise view corridors between buildings.

 

Yes, as above.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Yes, minimal solar access loss for neighbouring properties as shadow diagrams indicate primary shadow to fall over Arcadia St and front setback of developments opposite at 9am only.

P1.2  Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

Yes adequate solar access to living rooms retained.

P1.3  Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

Yes solar access to private open space retained.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

S4  75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars. The NatHERS rating for each dwelling (on a typical unit basis) is provided with the application.

Yes 3.4 or 4 star rating achieved.

P5  Buildings have roofs with pitch suitable for solar collectors.

S5  Adequate area of roof between 45 degrees east and 45 degrees west or north, and a slope between 15 and 55 degrees to the horizontal for installation of solar collectors.

Yes

Safety and Security

P1  Design allows surveillance.

 

Yes

P2  Approaches and entries are visible.

 

Yes

P3  High walls and structures avoided.

 

Yes

P4  Resident car parking has security grilles or doors.

 

Yes card reader system with security grille proposed

P5  Visitor parking spaces clearly identifiable.

 

Yes through condition of consent

P6  Adequate lighting for personal safety and security provided.

 

Yes

P7  Adequate lighting is provided in common areas.

 

Yes through condition of consent

P8  External lighting does create a nuisance.

 

Yes through condition of consent

Parking

Required On-site Parking

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Yes, 7 spaces in total required 9 provided.

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

 

Yes integrated within the retaining wall consistent with streetscape.

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

 

No barrier free units required therefore no adaptable parking space necessary.

P3  Secure storage for bicycles is provided.

 

Yes through condition of consent.

Driveways and Manoeuvring Areas

P1  Areas of driveways and manoeuvring are minimised.

 

Yes

P2  Vehicles enter/ leave in a forward direction.

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

Yes

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

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

Yes

P5  Materials and finishes are consistent.

S5  Large expanses of uncoloured concrete avoided.

Yes

P6  Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

Yes

 

 

Storage

P1  Accessible and separate storage for each dwelling.

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

Yes storage areas provided to each unit in the basement.

Barrier-Free Access

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

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

Yes through condition of consent.

P2  Dwelling requirements:

  0 – 14 dwellings    0

The requirements of AS1428.1 and AS 4299 are to be considered.

 

 

N/A.

Waste Minimisation and Management

P1  Waste collection and separation facilities for each dwelling.

S1  Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste.

Yes through condition of consent

P2  Waste storage to be provided in a centralised position that has easy access for moving bins to the street for collection.

 

Yes

P3  The location and design of waste facilities does not visually detract from the development or the streetscape.

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

Yes

 

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       Height

 

The proposal seeks to vary Clause 33 - Building Heights of Randwick Local Environmental Plan 1998. The maximum permissible external wall height of the site is 7m, the proposed height is 8.5m which represents a variation of 1500mm from that permissible. It is noted that in calculating external wall height the applicant has included the gable ends as roof area which is not consistent with the definition of external wall height pursuant to LEP 1998, it is therefore estimated that the external wall height in some places increases to a maximum of 8.5m

 

The application was accompanied by a SEPP 1 objection, which provides for the following reasons in support of the objection:

 

·          The variation is minor at only 900mm and is due to the sloping site.

·          The overall maximum hight is achieved with this development

·          The variation to external wall height was a matter arising from the Design Review Panel’s consideration of the proposal.

·          The proposed height is consistent with the purpose of Clause 33 Height where there is no visual impact from the street or surrounding areas from the breach of the height control.

·          The proposed height is consistent with the bulk and height of the locality and adjoining buildings.

 

Justice Lloyd in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 in assessing a SEPP 1 objection asked the following questions:

 

First, is the planning control in question a development standard?

 

Yes, Clause 33 is contained within a statutory instrument and is expressed as a development standard not a prohibition.

 

Second, what is the underlying object or purpose of the standard?

 

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

 

The additional height above 7m can be attributed to the extensive slope of the site with a cross fall of some 10m, the rate of terracing floor levels down the site cannot match the gradient uniformly. The additional height is also due to skillion roof form to allow northern light into the top unit. The additional height will not affect solar access or result in visual bulk for neighbouring properties, however, as there is significant view loss, and given that the floor space is well in excess of the maximum permissible for the site, the SEPP 1 objection can only be supported, subject to the lowering of the building by 1.2m.

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the EP&A Act?

 

Varying the development standard will not hinder the attainment of the objectives of the LEP, sections 5(a) (i) and (ii) of the SEPP and the EP&A Act.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

The proposal does not have an unreasonable impact in terms of visual bulk, privacy and overshadowing to neighbouring properties. The proposed development is considered to be consistent with the desired future character of the locality where a strong modern development will ensure an appropriate contemporary relationship with the adjoining heritage item to Arden St whilst providing a strong built form to a visually prominent site.

 

It is considered that within the context of the streetscape and immediate locality and the small extent of variation the objection can be supported. The development achieves the performance requirements of the objective. However, on balance with the concerns raised in relation to view loss, the SEPP 1 objection cannot be supported without the lowering of the building pursuant to the deferred commencement condition.

 

Fifth, is the objection well founded? In relation to the fourth question, it seems to me that one must also look to see whether a development which complies with the development standard is unreasonable or unnecessary, as noted by Cripps J in the Hooker Corporation case.

 

The variation of 1500mm from the maximum permissible wall height is due to the initial recommendations of the Design Review Panel where improved internal amenity was the objective. Whilst the motivation of the Panel and applicant is encouraged, given the view loss as a result of this height of the proposal, lowering of the building is considered appropriate.

 

Pursuant to Clause 7 of SEPP No. 1, it is considered that the objection would be well founded and the SEPP 1 objection supported if the external wall height and overall height was reduced by 1200mm to improve views for the neighbouring properties to the north.

 

The reduction in height could be readily achieved through a combination of increased excavation and deletion of the roof top sky lights.

 

8.2       Floor Space Ratio

 

The proposal seeks to vary the floor space ratio development standard (Clause 32 of RLEP 1998) contained in Randwick Local Environmental Plan 1998. The maximum permissible FSR for the site is 0.65:1 and the proposal would have a FSR of 0.96:1, a variation of some 212.7sqm. The application was accompanied by a SEPP 1 objection, which provides for the following reasons it is unreasonable and unnecessary to comply with the standard:

 

·    The additional floor space makes for a more economic use of the land and meets the objectives of the Act.

·    The proposal is consistent with aims/objectives of Clause 33 of RLEP 1998 and MUH DCP

·    The building bulk is compatible with the surrounding built forms and minimises impacts to neighbouring buildings, open space and the streetscape

·    The additional floor space does not result in any excessive bulk to the proposed development rather utilises what would otherwise be void space

·    The subject site is relatively steep ad the proposed development is consistent with the environmental capacity of the land

·    The proposal provides a substantial amount of landscaped area

·    The proposal provides good and useable private open space for each dwelling unit

·    The bulk and scale of the proposal does not result in unreasonable impacts to adjoining properties.

·    The non-compliance does not result in any significant  traffic implications

·    The extent of non-compliance will not be apparent to any person living in the locality as the additional floor space is located in what would otherwise be void areas

·    The proposal is considered appropriate when assessed in terms of SEPP 65

 

Justice Lloyd in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 in assessing a SEPP 1 objection asked the following questions:

 

First, is the planning control in question a development standard?

 

Yes, Clause 32 is contained within a statutory instrument and is expressed as a development standard not a prohibition.

 

Second, what is the underlying object or purpose of the standard?

 

The purpose of the standard is to achieve reasonable upper limits of floor area for redevelopments without compromising the amenity of adjoining developments. The additional floor area of some 212.7sqm will not affect the amenity of the streetscape as the additional floor area is contained entirely below natural ground and, as such, does not impact on neighbouring properties in terms of privacy and overshadowing. However, the additional floor space is only considered appropriate if the height of the building is lowered as per the deferred commencement condition, and does not adversely impact in views.

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the EP&A Act?

 

Varying the development standard will not hinder the attainment of the objectives of the LEP, sections 5(a) (i) and (ii) of the SEPP and the EP&A Act.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

It is considered that within the context of the streetscape and immediate locality, and the minimal impact on the amenity of neighbouring residents (subject to the lowering of the height of the building), the variation can be supported. The development achieves the performance requirements of the objective and strict compliance with the standard is considered to be unreasonable and unnecessary.

 

It should be noted that should this area not be provided as floor area then it would be void area to allow for level vehicular access and above ground dwellings which would have the same envelope and footprint as proposed achieving only numerical compliance.

 

The proposed development is considered to be consistent with the scale of surrounding developments within this foreshore area where typically developments are of a greater envelope. Adjoining redevelopments have FSR of similar or greater than that proposed with this development, No. 30 Arcadia St has a FSR of 1:1 and No. 96 Beach St 1.05:1.

 

Fifth, is the objection well founded? In relation to the fourth question, it seems to me that one must also look to see whether a development which complies with the development standard is unreasonable or unnecessary, as noted by Cripps J in the Hooker Corporation case.

 

It is considered that a development that complied with the maximum permissible floor area would be unreasonable and unnecessary given that the 212.7sqm of floor area contained entirely below natural ground could be converted into void area, achieving numerical compliance with the floor space ratio without any improvements to the amenity of the streetscape or neighbouring properties.

 

Given the comparable scale of the development and adjoining properties, strict compliance with the development standard is considered to be unreasonable and unnecessary.

 

Pursuant to Clause 7 of SEPP No. 1, it is considered that the objection is well founded and the granting of consent is consistent with the aims of the Policy. It is recommended that the SEPP 1 objection be supported.

 

8.3       Draft SEPP (ADS)

 

The application is also subject to the provisions of the draft SEPP (Application of Development Standards) 2004.  However, recent legal advice provided to Council considers that the draft SEPP should not be given any significant weight, as it contains a savings provision expressly requiring any application made but not determined prior to commencement of the draft to be determined in accordance with the current SEPP1. Further, the final form of the draft SEPP is neither imminent or certain.

 

Notwithstanding, it is considered that the proposal (subject to its reduced height) is consistent with the draft SEPP, as it achieves a better environmental planning outcome of exceptional design quality, and the non compliances are a result of unusual site characteristics given the topography of the site.

 

8.4       Setbacks

 

Part 3.3 Building Setbacks of DCP Multi Unit Housing requires an average side setback of 4m with a minimum of 2.5m. The proposed development provides for a minimum and average of 2.5m with a small incursion into this minimum of some 300mm for the blade wall treatment necessary for solar access and privacy.

 

This side setback to both the eastern and western boundaries represents a variation from the 4m average however it is considered that the performance requirements and objectives of the standard have been achieved.

 

The DCP specifies that the building setbacks should provide adequate separation between buildings for landscaping, visual privacy, solar access penetration and private open space. The proposal provides for a well articulated design that maximises privacy to neighbouring properties whilst providing usable internal configuration. Existing buildings adjacent to the subject site have reduced setbacks being setback approximately 3m from side boundaries also below the permissible. It is considered that the pattern of reduced separation is due to the narrowness of these blocks and as such the proposal is not inconsistent with the character of the streetscape and existing setbacks. Given the orientation of the site there is no solar access impact to the adjoining properties to the east and west of the site and 2.5m allows for adequate landscaping to soften the impact of the development to neighbouring properties as shown on the submitted landscape plan. The proposed side setbacks satisfy the objectives of the control.

Pattern of existing setbacks along the northern side of Arcadia St clear from this photo. Note the pedestrian path is located at ground level above the sandstone retaining wall.

 

 

8.5       Parking

 

The proposal achieves adequate parking for the subject site however neighbouring properties primarily along Arcadia St have raised issue with the amount of on-street parking that is to be lost as a result of this development.

 

Existing on street parking along Arcadia St the existing demand is evident and due to the older style multi unit developments not have parking provisions including many of the objector’s properties.

 

The proposed garage and associated splay will account for a length of some 9m which accounts for typically just over 1 car parking space. Given the need for a splay corner into the driveway for pedestrian and driver safety this length cannot be reduced.

 

In arguing the merits of the proposal where on street parking is to be reduced it should be noted that the existing dwelling house, which had no off street parking provided would have generated a demand of a minimum of 2 spaces. Therefore, in this new development providing in excess of the number of parking spaces generated for this number of occupants there should be no appreciable difference in the amount of available off street parking from spaces previously taken by the occupants of the existing dwelling. Despite this argument, loss of one to two parking spaces to the street is not sufficient reason to warrant refusal of the application.

 

8.6       View loss

 

An objection was received from two properties in relation to view loss No. 143 Arden St and 349a Alison Rd. No 143 Arden St would lose foreshore and ocean views of Coogee Beach whilst No. 349a Alison Rd would lose district views. View loss is discussed below for each individual property:

 

143 Arden St

This property currently enjoys views to the south over Coogee Beach and foreshore including locality views of the southern end of Arden St. These views are enjoyed from a living/dining room and an enclosed verandah that has been designed to take advantage of this southerly aspect. Views are also enjoyed from the rear yard to the south and east.

 

View through alignment of 28 and 30 Arcadia from rear yard looking south.

 

View from sunroom/living area over subject site.

             

View looking east from living room view retained.         View looking south over subject site from living room

 

View analysis showing the submitted scheme and the revised scheme where the upper level is modified. Some views to the headland are retained though no glimpses of the ocean or foreshore are retained; this photo was taken from a seated position within the living room by the architect.

 

The above photos indicate that currently views are enjoyed from this living/dining room however they are achieved from looking over the subject site, which is a single storey residence and through the setback corridor between Nos 28 and 30 Arcadia St.

 

The performance requirements of the DCP for Multi Unit Housing seek to achieve a fair and reasonable degree of view sharing (section 4.3 View Sharing objectives and performance requirements). It is encouraged that effects on views be mitigated through appropriate design measures. It is considered that appropriate steps have been undertaken by the applicant including several attempts at redesign however view loss will still be experienced. It is considered that any additional storey of development on the existing single storey cottage will result in view loss irrespective of compliance with height controls, setbacks and roof forms adopted.

 

In order to be able to sufficiently assess what is a reasonable degree of view sharing reference is made to the planning principle of Senior Commissioner Roseth in Tenacity v Warringah Council (2004). The Commissioner defined the concept of view sharing as:

 

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

 

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

 

            1.         An assessment of the view affected

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

            3.         An assessment of the extent of the impact.

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

Applying the above principles to views obtained from the key affected property of No.143 Arden St from secondary dining/sunroom area indicates that the view currently enjoyed is a fair view of the east and south-eastern ocean and distant headland of Coogee. The view is achieved by looking over the roof top of the subject site and through a corridor provided between the side setbacks of Nos 28 and 30 Arcadia St.

 

The view loss to be assessed under this application is that associated with the addition of level four. This additional height above the existing dwelling on the subject site would be significantly reduced, subject to the imposition of the recommended deferred commencement condition.

 

The primary view that will be lost for No. 143 Arden St is of headland, partial beach and glimpses of water. It is acknowledged that the extent and quality of view enjoyment for this dwelling is being eroded by redevelopments to the south along Arcadia St and to the east on Beach St however it has to be reasoned that any view obtained by overlooking rooftops where these properties have the capacity for intensification has no guarantee of continued existence.

 

Irrespective of the above, view sharing as a principle requires a balance of view gain and view retention and such a merit assessment has been undertaken for the affected properties of this development. Complete loss of beach and foreshore view is anticipated with the proposal as submitted however ocean horizon to the east is retained over the recent development of 90 Beach St which is not likely to built out in the future, and extensive district views from the main living room over Arden St and to the west. Based on the lowering of the height of the building there will be an improvement of views, more of the headland will be visible and glimpses of the water when standing will be retained.

 

The proposal, subject to its lowering of height, is considered reasonable and would be well below the overall height requirements of Cause 33 RLEP 1998. It is considered that some impact on views will necessarily result as a consequence of the height controls for the site, and that further design modification is not likely to significantly improve views.

 

349a Alison Rd

 

This site enjoys district views over a number of properties including Nos 143, 145 and 147 Arden St, and extensive water views over 30 Arcadia St and properties to Beach St including No. 90 Beach St which provides for uninterrupted views to the east and over the beach.

 

The subject site of 349a Alison Rd

 

Views to the east from below the level of the balcony where

extensive views are enjoyed.

Views out to the east that will be retained.

 

 

Applying the above principles to views obtained from the affected property of 349a Alison Rd from living room/balcony area indicates that the view currently enjoyed is an extensive view of the east and south-eastern ocean of Coogee. The view is achieved by looking over the roof top of 30 Arcadia St, 90 Beach St and beyond in a south-easterly aspect.

 

The view loss to be assessed under this application is that associated with the addition of level four. This additional height above the existing dwelling would comply with both external wall height and maximum overall height, subject to the recommended deferred commencement condition.

 

The primary view that will be lost for No. 349a Arden St is of district views and headland leading to the foreshore area. On balance this view loss is considered to be minimal and the view is of lesser quality than that of the uninterrupted views retained to the east. With the recommended lowering of the height to comply with external wall height it is considered that additional headland and district view will be retained to the south-west of No. 349a Arden St.

 

View sharing as a principle requires a balance of view gain and view retention and such a merit assessment has been undertaken for the affected properties of this development. Extensive views are being retained balanced with a small section of district views to the south which are to be lost. View loss for this property is not considered to be unreasonable.

 

The proposal is considered reasonable and would comply with the overall height requirements of Clause 33 RLEP 1998, subject to the proposed deferred condition. The lowering of the maximum height of the building will result in a finish RL of 52.80 below the height of the first floor balcony for No. 349A Arden St which will ensure an extensive proportion of views will be retained for this property to the south-west of the site.

 

8.7       Privacy

 

An objection was received in relation to overlooking from properties to Arcadia St opposite the subject site and to No. 143 Arden St. In relation to overlooking to the properties across from the subject site known as Nos 17 through to 21 Arcadia St the distance between terrace areas on the proposed development and the front yard of these objecting properties is some 30m which provides for adequate separation. As such overlooking to the south is not considered to be a valid objection.

 

The proposed building has been designed to provide limited window openings to the eastern and western elevations. Where there are windows provided as to kitchen areas these have a raised sill height of approximately 1200mm which will be conditioned to have a sill height of 1600mm. Other windows such as to bathroom and living rooms will have a fixed privacy louvered treatment. It is considered that privacy will be preserved to neighbouring properties to the east and to the west of the subject site.

 

Elevated nature of subject site looking to southern side of Arcadia St the limited opportunity for overlooking and direct sightlines is evident.

 

 

 

 

To the north of the subject site sightlines from rear terrace areas are obscured by proposed and existing landscaping, proposed boundary dividing fence and adjustable privacy louvres to habitable room windows. Concern for aural privacy is considered to be unreasonable where the impact of four additional dwellings is not an excessive increase from the existing density of this immediate locality and there will be little appreciable difference in noise transfer between properties.

 

9.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10.  CONCLUSION

 

The proposed multi unit housing development has been reviewed against all the assessment criteria contained within Randwick Local Environmental Plan 1998, DCP-Parking and DCP-Multi Unit Housing. Where the proposal seeks to vary the development standard for FSR the proposal satisfies the objectives and performance requirements of the control and does not unreasonably affect the amenity of the residential streetscape, heritage listed properties or adjoining neighbours. The SEPP 1 objection for external wall height is only supported subject to the lowering of the building. The proposed reduction in overall height will allow for an improvement in view retention for neighbouring properties to the north. The SEPP 1 objection for floor area as submitted with the application is well founded

 

The application is therefore recommended for approval subject to the deferred commencement condition.

 

RECOMMENDATION:

 

A.  THAT Council support the objection under SEPP1 to vary the provisions of Clause 32 & 33 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 responsible authority grant its development consent as a “Deferred Commencement” under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), to Demolish the existing dwelling and construct a four storey multi unit development comprising of 4x3 bedroom apartments, basement car parking for 9 vehicles including storage areas and associated strata subdivision at 28 Arcadia St Coogee subject to the following conditions:-

 

DEFERRED COMMENCEMENT CONDITION

 

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

 

1.         The overall height of the proposed building shall be lowered so that it does not exceed RL52.80 (excluding lift overrun). This may be achieved through a combination of further excavation and deletion of the roof sky lights.

 

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

 

DEVELOPMENT CONSENT CONDITIONS

 

Subject to compliance with the deferred commencement condition, to the satisfaction of the Director of Planning & Community Development, development consent is granted under Section 80 & 80A of the Environmental Planning & Assessment Act, 1977, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA 3 101 Issue G, DA 3 202 Issue G, DA 2 300 Issue G, dated Job number 04 009 undated 27 August and 11 November 2004, strata subdivision plans surveyors reference 76199.03. L01 through to L05 submitted 13 September 2004, dilapidation report prepared by Rickard Hails Moretti P/L Ref 04-0019-180804 28 Arcadia St submitted 27 August 2004, unnumbered, undated plans submitted 2/11/04 detailing basement layout and faxed details of the structural integrity of the retaining wall dated 5/11/04 by Henry Young, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and the amendments approved pursuant to the deferred commencement condition, and as may be shown in red on the attached plans

 

2.       The colours, materials and finishes of the external surfaces to the building shall be in accordance with the sample board undated and unnumbered received by Council on 27 August 2004.

 

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

 

4.       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.

5.       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.

 

6.       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.

 

7.       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.

 

8.       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.

 

9.       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.

 

10.     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:

 

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

a)         for the provision or improvement of open space                              $8196.00

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

c)         Administration fee                                                                            $425.00

 

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

 

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

 

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

 

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

 

15.       Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

16.       Lighting shall be provided throughout the common area for pedestrian safety however shall not be fitted so as to cause nuisance to neighbouring properties.

 

17.       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.

 

18.       The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an occupation certificate or release of the subdivision linen plan, as applicable.

 

19.       Kitchen windows shall have a minimum sill height of 1600mm to provide restricted sightlines to neighbouring properties. Details shall be submitted as part of an application for a construction certificate.

 

20.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & 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.

 

21.       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.

 

22.       A formal subdivision application is required to be submitted to and approved by the Council and all conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

23.       Mailboxes shall be provided to the site in accordance with Australia Post guidelines.

 

PARKING:

 

The following conditions are applied to provide adequate provisions for parking to the development:

 

24.       A sign legible from the street must be permanently displayed to indicate that visitor parking is available on the site and these parking spaces must be clearly marked and accessible at all times.

 

25.       Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

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

 

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

 

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

 

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

 

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

 

29.      Prior to the commencement of any building 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.

 

30.      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.

 

31.      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.

 

32.      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:

33.      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.

 

34.      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.

 

35.      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.

 

36.      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.

 

37.      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:

 

38.      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.

 

39.      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.

 

40.      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.

 

41.      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.

 

42.      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.

 

43.      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.

 

44.      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.

 

45.      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.

 

46.      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.

 

47.      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.

 

48.      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.

 

49.      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.

 

50.      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.

 

51.      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.

 

52.      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”.

 

53.      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.

 

54.      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.

 

55.      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.

 

56.      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.

 

57.      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

 

58.      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.

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

 

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

 

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

 

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

 

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

 

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

 

Security Deposit Conditions

 

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

 

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

 

a)         $5000.00         -           Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon a satisfactory inspection by Council (and receipt of the consulting engineers post-construction dilapidation report for the retaining wall) to demonstrate that no damage has occurred to the Council assets and that all civil works (as conditioned in this development consent) have been completed. The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, retaining wall 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 a Council approved contractor to:

 

64.   Construct a full width concrete heavy duty vehicular crossing and layback opposite the vehicular entrance to the site together with associated contiguous pile retaining walls and guard rails as required. It is noted that the vehicular crossing shall include integral kerb and gutter on either side of the crossing together with a pedestrian walkway along the western side of the driveway access (as detailed on the unnumbered Level 0 plan submitted to Council on the 2/11/2004).

 

65.   Construct a concrete pedestrian bridge (with appropriate safety fencing) adjacent to the property boundary over the new vehicular access.

 

66.   Remove the existing asphalt footpath from along the full site frontage and construct a new concrete footpath either side of the pedestrian bridge. Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

67.   Repair/reconstruct any damaged sections of Council’s roadway along the full site frontage.

 

68.   Repair/reconstruct any damaged sections of the retaining wall (extending 15 metres either side of the site boundaries) located along the Arcadia Street frontage.

 

69.   Extend the existing council stormwater pipeline from the kerb inlet pit located on the southern side of Arcadia Street (immediately to the east of the driveway accessing 90-96 Beach Street) in a westerly direction up to be in line with the eastern boundary of the subject site frontage. It is noted that this may include reinstating the roadway and kerb and gutter over the new pipeline.

 

70.   Construct a new kerb inlet pit on the southern side of Arcadia Street (in front of eastern boundary of the subject development site) at the end of the stormwater extension referred to above.

 

71.   Construct a new kerb inlet pit on the northern side of Arcadia Street immediately to the east of the proposed vehicular access and connect this pit to the new kerb inlet pit on the southern side of Arcadia Street via a new 375 mm diameter rubber ringed reinforced concrete pipeline.

 

72.   The contiguous pile retaining walls and pedestrian bridge shall be designed by a suitably qualified structural engineer who shall carry out inspections during construction of the wall and footbridge and certify on completion that the wall and footbridge have been constructed in accordance with their design requirements. A copy of the structural engineer’s certification shall be forwarded to Council prior to the issuing of an occupation certificate for the development.

 

It is noted that the contiguous pile wall constructed along the front property boundary shall be designed to be structurally independent of the earth support in front of the wall so that if the ground is excavated back to the property boundary at any time in the future, the stability of the retailing wall will not be undermined. The structural engineer shall certify that the wall is built and constructed in accordance with this requirement.

 

73. The applicant shall contact Council’s Asset and Infrastructure Service department on 9399 0923 to obtain guide lines for construction of the vehicular access and footpath on Council property.

 

A copy of the driveway, retaining wall and footbridge design and structural details are to be submitted to Council’s Asset & Infrastructure Services prior to the issuing of a construction certificate for the development. 

 

74.   The applicants consulting structural (and/or geotechnical) engineer shall inspect and monitor the condition of the retaining wall throughout all excavation and construction works to ensure that the wall does not suffer any damage. The consulting engineer shall amend construction and/or excavation techniques if required.

 

75.   The applicants consulting structural (and/or geotechnical) engineer shall undertake a dilapidation survey of the retaining wall (extending 15 metres either side of the site boundaries) on completion of the works and certify that the retaining wall has not deteriorated/experienced any damage over the excavation and construction phase of the development. A copy of the dilapidation report and engineering certification shall be forwarded to Council prior to the issuing of an occupation certificate.

 

76.   Prior to the issuing of a construction certificate, the applicant shall submit to Council a bond or unconditional bank guarantee to the value of $10,000 as a security deposit to ensure the stability and structural integrity of the retaining wall in the vicinity of the subject development site for a period of 12 months from the date of issue of an occupation certificate.

 

Such bond/ bank guarantee may be refunded/released (after the 12 months defects liability period) upon the applicant providing Council with a dilapidation report of the retaining wall (extending 15 metres either side of the site boundaries) and an accompanying statement from the structural engineering confirming that the condition of the retaining wall has not deteriorated/experienced any damage from the commencement of work on the site through to the end of the defects liability period.

 

77.   The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's retaining wall, 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.

 

78.   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 to undertake the works on Council property shall be submitted to Council (together with the required civil works application fee) at completion of the internal building works.

 

Note:        A design checking and supervision fee in relation to the works on Council’s property will be charged to the applicant.

 

79.   The driveway opening at the Arcadia Street frontage shall be constructed in general accordance with the unnumbered and undated A4 Level 0 plan received by Council on the 2/11/2004.

 

80.   A work zone is to be provided in Arcadia Street for the duration of the construction works. The ‘work zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the work zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

It is noted that the requirement for a workzone may be waived if it can be demonstrated (to the satisfaction of Council’s traffic engineer) that all construction related activities (including all loading and unloading operations) may be undertaken wholly within the site.

 

81.   There shall be no construction equipment driven in any areas where the equipment would place additional loads on Council’s retaining wall. At a minimum, no construction equipment shall be driven over, or placed on, council’s verge between the property boundary and the top of the retaining wall.

 

82.   Pedestrian access to 30 Arcadia Street shall be maintained at all times during construction. It is noted that the pedestrian access arrangements shall include temporary access stairs (with appropriate guard rails) being provided from in front of the adjoining property (30 Arcadia Street) down to street level with provision being made for the temporary storage of bins beneath the stairs on Council’s property. It is the responsibility of the applicant to ensure that the stairs are suitably constructed (in accordance with the relevant Australian Standards) and maintained to ensure that they do not pose as a safety hazard to pedestrian and/or vehicular traffic at any time.

 

The temporary stairs shall be provided until such time as the basement access driveway and top slab have been poured and safe pedestrian access is available to the public along the site frontage.

 

Details of the proposed temporary pedestrian access arrangement shall be submitted to the certifying authority (and Council if Council is not the certifying authority) for approval prior to the issuing of a construction certificate.

 

Alignment Level Conditions

 

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

 

83.   The Council’s Department of Asset & Infrastructure Services have inspected the above site and have determined that the design alignment levels (concrete/paved/tiled level) at the property boundary in Arcadia Street shall be as follows:

 

§  For the proposed vehicular access – shall be at RL 35.60 (AHD) as shown on the submitted plans.

 

§  For the proposed level 1 pedestrian access ramp – shall match the back of the existing footpath along the Arcadia Street site frontage.

 

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

 

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

 

85.   The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $445.80 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:

 

86.   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.

 

87.   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.

 

88.   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.

 

89.   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.

 

90.   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 works

 

91.   All stormwater runoff being discharged from the site shall be directed to Council’s underground drainage system in Arcadia Street.

 

To facilitate this connection, the applicant shall meet the full cost for the following external drainage works:

 

92.   Extend the existing council stormwater pipeline from the kerb inlet pit located on the southern side of Arcadia Street (immediately to the east of the driveway accessing 90-96 Beach Street) in a westerly direction up to be in line with the eastern boundary of the subject site frontage;

 

93.   Construct a new kerb inlet pit on the southern side of Arcadia Street (in front of eastern boundary of the subject development site) at the end of the stormwater extension referred to in part a) above; and

 

94.   Construct an additional kerb inlet pit on the northern side of Arcadia Street immediately to the east of the proposed vehicular access and connect this pit to the new kerb inlet pit on the southern side of Arcadia Street via a new 375 mm diameter pipeline.

 

The site discharge pipeline shall be connected into the new kerb inlet pit located on the northern side of Arcadia Street.

 

95.   The new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD6.

 

96.   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.

 

97.   Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line.

 

98.   All drainage details (for the external drainage works) 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.

 

99.   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, detailing the as constructed details for all works within Council’s road reserve (including detailed levels).

 

Internal Drainage

 

100. 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. 

 

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 Arcadia Street.

 

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.

101.     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.

 

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

 

103.     Pump out systems will only be considered if the applicant can demonstrate to the Principal Certifying Authority that it is not possible to manage stormwater runoff in any other manner.

 

Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

·      within the site at or near the street boundary prior to the site stormwater discharging by gravity to the street drainage system; and

·      prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

 

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

 

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

 

·    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/s (Mascot GMS multipurpose filter screen or equivalent).

 

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

 

·    A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

 

·    A sign adjacent to the pit stating:

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

 

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

 

105.     Any absorption trenches/infiltration pits must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

106.     One covered car washing bay shall be provided for this development.

 

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

 

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

 

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

 

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

 

d)         A water tap shall be located adjacent to the car washing bay.

 

107.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

108.     Finished surface levels on the site (including contours at 0.2 metre intervals);

 

a.   The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes; and

b.   Details of any pumping systems/infiltration systems installed.

 

109.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

110.     Should seepage water and/or groundwater be encountered within the depth of the basement excavation, the basement carpark (level 0) shall be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

111.     Seepage water must not be drained from the site.

 

Waste Management Conditions

 

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

 

112.     The garbage room shall be sized to contain a total of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins.

 

113.     The garbage room shall be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

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

 

115.     The garbage bins shall be presented for collection on the footpath area immediately behind the splay corner located on the western side of the vehicular access to the site.

 

Landscape Conditions

 

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

 

116.     The landscaped areas shown on the plan (Landscape Planting Plan) shall be the subject of detailed landscape drawings and specifications, which are to be submitted to and approved by the certifying authority prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.         The landscape plan shall show a minimum number of 10 x 45 litre broad canopied trees (not palms) suitably located along the western boundary of the site. The trees selected shall be of a species that attain a minimum height of 3 metres at maturity.

 

The landscape plan shall show a minimum number of 10 x 45 litre broad canopied trees (not palms) suitably located along the eastern boundary of the site. The trees selected shall be of a species that attain a minimum height of 3 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.

 

117.     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.

 

118.     The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

119.     The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

120.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

Tree Management

 

121.     Approval is granted for the removal of the following trees subject to the planting of 5 x 75 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

One Melaleuca armillaris (Honey myrtle) located along the eastern boundary of the front of the front of the site.

 

One Melaleuca species (Paperbark) located along the eastern boundary of the front of the front of the site.

 

One Schefflera actinophylla (Umbrella Tree) located along the eastern boundary of the rear of the site.

 

One Olea europaea (Common Olive) located along the eastern boundary of the rear of the site.

 

One Olea europaea (Common Olive) Olive located along the western boundary of the rear of the site.

 

Three Phoenix canariensis (Canary Island Palms) located along the northern boundary of the site appear to be in average condition.

 

122.     Permission is granted for the removal of only those trees falling within the area occupied by the approved works. Removal of the remaining trees on the site is subject to separate application under the Tree Preservation Order.

 

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

 

124.     A refundable deposit in the form of cash or bank cheque for the amount of $4000 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

ADVISORY MATTERS:

 

A1       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.

 

A2       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

e)     Part E1         -         Fire fighting equipment

f)      Part E2         -         Smoke Hazard Management

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

h)     Part F2         -         Sanitary and other facilities

 

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:

 

Architectural plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

18 November, 2004

FILE NO:

D/0667/2004

 

PROPOSAL:

 Demolition of an existing dangerous goods store, sandstock brick wall and Block House annex in the University of NSW campus, removal of trees, and construction of a new four-level purpose built facility for the Law Faculty.

PROPERTY:

 330 Anzac Parade, Kensington

WARD:

 West Ward

APPLICANT:

 University of NSW

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Council as it is valued at $38,000,000.

 

The proposal is for the demolition of an existing dangerous goods store, northern sandstock brick wall and Block House annex in the University of NSW (UNSW) campus, removal of trees, construction of a new four-level purpose built facility for the Faculty of Law including basement plant and storeroom and narrowing of Union Road.

 

The proposal has been the subject of a prelodgement application which was considered at a prelodgement meeting held with the applicant on 30 April 2004. A majority of the issues raised at the prelodgement meeting have been addressed with the exception of the design of the proposed building which is discussed in section 10.3.2 of this report.

 

On 13 August 2002, a Master Plan was adopted for the UNSW campus site subject to revision of the Master Plan to address a range of issues including specifically the following:

 

·        An urban design study covering building envelopes, ESD, public domain and movement issues.

 

·        A parking and transport analysis addressing the future parking and traffic demand generated by the university

 

·        A drainage and stormwater strategy incorporating Council’s engineering requirements

 

On 28 October 2003, Council in considering a development application for additions and alterations to New College resolved that revisions to the approved Master Plan should be submitted to Council before any development application is lodged with Council. To address this issue, the University has submitted an Urban Design Framework for the North Mall Development Zone for assessing the subject development application in its immediate context and surrounding built environment in-lieu-of the required revised Master Plan. The Urban Design Framework is consistent with the adopted Master Plan and, as such, the use of the Urban Design Framework in assessing the subject application is considered acceptable.

 

The subject proposal has been referred to the Urban Design Review Panel for comment in relation to its design quality as the proposal has a bearing on the urban design considerations of the adopted Master Plan for the UNSW. The Panel has raised a number of concerns generally in relation to the design of the proposal. The applicant has considered the Panel’s concerns and provided written advice addressing these concerns. Whilst this response addresses to some extent the concerns raised by the Panel, the concerns in relation to bulk and scale, the form of the building and its interaction with the University Mall in terms of pedestrian movement, and loss of trees remain valid.

 

Notwithstanding the concerns relating to the design of the building, it is considered unreasonable and unwarranted to refuse the application on the grounds of design given the location of the proposed building within the University precinct. Accordingly, the recommendation is for approval subject to conditions. As the proposal is a Crown application pursuant to Section 116 of the Environmental Planning and Assessment Act 1979 (as amended), the University has concurred with the conditions included in the recommendation.

 

2.       THE PROPOSAL

 

The proposal comprises the following:

 

1.       Demolition of the existing dangerous goods store, the whole of the northern sandstock brick wall and Blockhouse Annexe on site

 

2.       Removal of existing trees within the development site and three of the existing ficus trees on the Mall frontage

 

3.       Construction of a new four level purpose built facility for the Faculty of Law with the following characteristics:

 

Basement

 

·        a combined central plant room space in a part basement under the eastern zone of the building to service the Law building and proposed future Analytical Centre.

 

·        storage area for both the Law faculty and the overall University, bicycle storage and toilet/shower.

 

Ground Floor

 

·        A main foyer space oriented north-south linking the main entry forecourt off the Mall with a secondary entry on the northern side of the building off University Walk. Another secondary entry point is located on the western side of the proposed building.

 

·        A 350 seat auditorium located to the left of the main entry foyer with access off the foyer space. The southern wall of the auditorium incorporates a large window to provide views out onto the Mall.

 

·        Two 90 seat lecture theatres to the right of the main entry foyer, one next to the main entry off the Mall and the other adjacent to the secondary entry off University Walk.

 

·        The Law Library, accommodated over two levels - ground and first floor.

 

·        The Kingsford Legal Centre (a teaching arm of the Faculty that provides free law services to the community), which will be relocated from its current location in suburban Kingsford to a space in the north-west corner of the ground floor.

 

 

 

First Floor

 

·        A central ‘agora’ space which functions as a main circulation/foyer space linked to an open central and internal staircase connecting the upper two levels of the proposed building.

 

·        The main entry into the Law Library off the agora space leading into the main circulation/reference desk, informal seating areas, group rooms and group study desks,  and ‘back of house’ library areas including the office.

 

·        The upper entrances to the 350 seat auditorium which open out onto the main central agora space at the southern (University Mall) side of the building linked to the student lounge area and balconies which overlook University Mall.

 

·        Three 44-seat teaching rooms which are positioned on the east side of the building. (There are a total of 11 of these teaching rooms in the building).

 

·        The Moot Court located on the north side of the building directly off the agora space.

 

·        The Combined Research Centres comprising research centres which are attached to or with affiliations to the Law School are located in the north-west corner of the first floor.

 

Second Floor

 

·        A central ‘agora’ space which functions as a main circulation/foyer space linked to an open central and internal staircase connecting the levels below and above. 

 

·        Two landscaped courtyards located within two-storey high atrium spaces, one in the northern half, and the other in the southern half, of the proposed building.

 

·        Four 44-seat teaching rooms.

 

·        A 56-seat teaching room at the south-western end of the agora space.

 

·        A combined administration center for the School and Australian Taxation Studies Program (ATAX) on the north side of the building off the agora with the student services functions and reception counters located directly off the main foyer space with associated waiting areas.

 

·        The Dean’s Suite located on the south side of the building off the second floor agora space incorporating accommodation for the Dean and the Faculty executive, the Faculty boardroom and storage and support spaces.

 

·      Office accommodation for academic staff in the form of cellular offices, all of which have views and openable windows for natural ventilation.

 

·      The common room for academic and general staff located in the north-west corner of the building.

 

Third Floor

 

·        Four 44-seat teaching rooms.

 

·        A 56-seat teaching rooms.

 

·        A Postgraduate research students’ office area consisting of seven enclosed office areas and a postgraduate computer laboratory located adjacent to the research area.

 

·        The balance of the academic office accommodation with views to the outside or into the internal courtyard spaces.

 

4.       Narrowing of Union Road to a 6m clear carriageway, to the extent of eth development site.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located within the UNSW Kensington Campus which is bounded by High Street to the north, Botany and Willis Streets to the east, Barker Street and Oval Lane to the south and Anzac Parade to the west. There is a western campus located on the western side of Anzac Parade which accommodates NIDA and a small number of other facilities including the Unisearch House.

 

The main campus is divided into upper, middle and lower campus zones which broadly correspond to the eastern, central and western sections of the University.

 

The site of the proposed development is located within the lower campus approximately 150 m from Anzac Parade. Internally, the development site fronts the University Mall which is a significant linear accessway and vista acting as the primary pedestrian route of the campus. The University Mall separates the site from the Village Green, the University’s sports oval. There is a brick wall lining both sides of the Mall in the vicinity of the site. This wall acts as a landscape element designed to provide an edge to and enhance the lineal character of the Mall. This wall, which defines the southern edge of the development site, is to be demolished as part of the proposal.

 

The development site is also located immediately west of the Applied Science building which is a dominant eleven storey building within the lower campus. To the north of the site, located on the other side of Union Road/University Walk, is the Material Sciences building and car park. To the north west is the Roundhouse, which accommodates the Student Union and a venue licensed as a place of public entertainment. Immediately adjoining the subject site to the west is the three-storey Blockhouse which houses various student services and includes a single storey annexe at its eastern end that is to be demolished to make accommodate the proposal.

The development site is rectangular in shape having dimensions of approximately 55m wide (north-south) by 96m long (east-west) metres with a total area 5,300 sqm, representing 1.4% of the UNSW Kensington campus area. Currently occupying the development site is the Union Car Park accommodating 105 car spaces and a lawn area separating it from the Dangerous Goods Store adjacent to Applied Science. Both the car parking area and the Dangerous Goods Store are to be relocated within the campus to make way for this proposal. The car parking is to be accommodated in a proposed temporary carpark in the western campus which is the subject of Development Application No 668/2004 lodged concurrently with the subject application.

 

Access to the site is from a signalised intersection near the western end of High Street at Gate 2. This intersection also provides access to the land to the north.

 

The western part of Union Road which forms the northern boundary of the development site provides service access to the Roundhouse, Blockhouse and Material Science buildings. This section of Union Road is to be converted to a shared way as part of this development.

 

4.       SITE/APPLICATION HISTORY

 

A Master Plan was approved for the UNSW campus site on 13 August 2002 subject to revision to incorporate a range of issues required by Council. To date, the University has not submitted a revised Master Plan for Council’s approval. Notwithstanding this, a number of development applications have been approved in the university since the adoption of the Master Plan, in particular the following:

 

On 28 October 2003, Council in considering a development application for additions and alterations to New College at its meeting, resolved that revisions to the approved Master Plan should be submitted to Council before any development application is lodged with Council.

 

The University is currently conducting a Strategic Review of the Master Plan, which will lead to a revised Master Plan which has been targeted for completion in mid-2005. In addition, on 6 August 2004, the applicant submitted to Council documentation comprising an Urban Design Framework for the North Mall Development Zone (UDF for the North Mall Development Zone). In a covering letter accompanying the UDF, the applicant advises that the UDF:

 

“sets the design parameters for any development within its boundaries…is to be a model for other urban design plans to be prepared for key areas of the campus…fits within the context of the Approved Master Plan 2002, and is in progressive fulfilment of the requirements set by the Council in that approval.”

 

In line with this advice, the applicant advises that the UDF will provide a strategic framework for assessing the subject development application in its immediate context and surrounding built environment in-lieu-of the required revised Master Plan. The applicant further advises that the following proposals will also be lodged as development applications within the North Mall Development Zone and, as such, be subject to assessment under the UDF:

 

·      Refurbishment of the Heffron and Dalton Building

·      Construction of a new Analytical Centre Building

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to Precinct Committee in accordance with Council’s DCP – Public Notification. No submissions were received in response to the notification/advertising of the proposal.

 

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     Environmental Health Comments

 

The Environmental Health Services raises no objection to the proposal subject to conditions should approval be granted. 

 

6.2     Building Comments

 

Key Issues

 

Noise:                          

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment, such as any mechanical exhaust system serving the basement car park and from other plant and equipment. Conditions should be imposed on the consent to address potential noise emissions from the development.

 

Site Management:

No construction site management details have been provided with the DA to address issues such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing. Standard conditions can be included in the consent to address construction site management issues.

 

Building Code of Australia (BCA):   

Full details of compliance with BCA and fire safety provisions are not included in the DA d