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

 

1st March, 2005

 

 

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, 8TH MARCH, 2005 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, BULDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 8TH FEBRUARY, 2005.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Mayoral Minutes

 

6           Development Applications

 

6.1                      

DIRECTOR, CITY PLANNING REPORT 9/2005 - 62 FRENCHMANS ROAD. RANDWICK(DEFERRED.)

2

 

6.2                      

DEVELOPMENT APPLICATION REPORT - 109 VICTORIA STREET, MALABAR.

99

 

6.3                        

DEVELOPMENT APPLICATION REPORT - 171 ARDEN STREET, COOGEE.

132

 


 

6.4                      

DEVELOPMENT APPLICATION REPORT - 51-53 ENDEAVOUR AVENUE, LA PEROUSE.

165

 

6.5                      

DEVELOPMENT APPLICATION REPORT - 7-37 COOGEE BAY ROAD, RANDWICK.

178

 

6.6                      

DEVELOPMENT APPLICATION REPORT - 7-9 PERRY STREET, MATRAVILLE.

235

 

6.7                      

DEVELOPMENT APPLICATION REPORT - 7 WHITE AVENUE, MAROUBRA.

275

 

 

7           Miscellaneous

 

7.1                        

DIRECTOR, CITY PLANNING REPORT 10/2005 -   RETROSPECTIVE CONSTRUCTION CERTIFICATES.

286

 

7.2                        

DIRECTOR, CITY PLANNING REPORT 11/2005 - DRAFT MEDIATION POLICY.

291

 

 

8           General Business

 

9          Notice of Rescission Motion

 

 

 

 

 

…………………………

GENERAL MANAGER


 

Director, City Planning Report 9/2005

 

 

SUBJECT:

62 Frenchmans Road Randwick

 

 

DATE:

21 February, 2005

FILE NO:

D0657/2004

 

 

REPORT BY:            DIRECTOR, CITY PLANNING

 

 

INTRODUCTION:

 

Development application 657/04 was deferred at the Health, Building and Planning Committee meeting of the 8 February 2005, subject to the following resolution:

 

That this application be deferred to allow for discussions between Council Officers and the applicant in regards to the upper floor level and the appropriate setbacks that would be required to reduce its apparent scale, whilst not compromising the ‘green’ initiatives in the development. 

 

A meeting was held with the applicant on 16 February, 2004 to discuss the upper level setback of the proposed development.  It was suggested to the applicant that sight lines of the proposal from Kemmis Street should be prepared to determine the visibility of the proposed upper level and its prominence in the streetscape and to consider increasing the setback of this level to Kemmis Street.

 

Amendments have subsequently been made to the proposal by the applicant, based on the preparation of a site analysis/sight line diagram.

 

AMENDMENTS:

 

Council officers and the applicant met on the 16th February 2005 to discuss the apparent scale of the development and available opportunities for reducing the bulk when viewed from the street and neighbouring properties in Kemmis St.

 

It was agreed that the architect would prepare a sight line diagram which would show the distance between the subject site and existing terraces to the opposite side of Kemmis Street and the extent of the fourth level that would be visible from these terraces. Below is the sight line analysis prepared by the architect:

 

 

The above diagram indicates that from both street level and the terrace level of Kemmis St properties, the prominence of the fourth level will be minimal given the generous separation between buildings in Kemmis Street and the proposed building.  Further, views of the upper level will be partially obscured by street trees and the lower levels of the proposed building.  Notwithstanding, the applicant has undertaken three amendments to further reduce the apparent bulk and scale of the addition. These amendments are:

 

1.         Increasing the setback of the upper level on Kemmis St by a further 2.2 metres for a section of the southern most unit.

 

2.         Reducing the height of the building on Kemmis Street by 600mm, this is achieved by stepping the leading edge down (increased stepping of the building to provide additional terracing).

 

3.         Reducing the eastern facing balcony/terrace of the upper corner unit to a total width of 700mm, from the original proposed 2.2m.

 

It is considered that the amendments provide for a more articulated fourth level which reduces the prominence of this addition when viewed from the public domain and Kemmis Street properties.  The reduced terrace area to a maximum depth of 700mm to unit 11 to the eastern elevation also minimises privacy impacts to adjacent properties in Kemmis St. The lower height of the fourth level at the street elevation by increasing the setback of the parapet edge by 600mm also reduces the apparent scale of the upper level and results in only a small section of the building exceeding the 12 m height requirement along the Kemmis Street elevation.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

It is considered that the amendments to the building, as it addresses Kemmis Street, will effectively reduce the apparent scale of the proposal.  It is apparent from the submitted sight line analysis that the visibility of the fourth level will not be significant and will be recessive in the streetscape.

 

It should be noted that without the additional floor area achieved by the fourth level the sustainability initiatives adopted by the applicant may not be economically viable and as a result may not be incorporated into this design. Given the “green” initiatives of this building have already won prestigious architectural awards in plan form, it is likely that this development, will be a benchmark ‘green’ development in the City of Randwick.

 

RECOMMENDATION:

 

A.      THAT Council assume the concurrence of the Director of Infrastructure Planning and Natural Resources to vary the provisions of Clause 32 and 33 of the Randwick Local Environmental Plan 1998 (as amended) relating to floor space ratio and height for a New Part 3 part 4 storey mixed use development including 3 retail shops, 17 dwellings and basement car parking for 23 vehicles under State Environmental Planning Policy No. 1 and,

 

B.      THAT Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to Development Application No 657/2004 for New part 3 part 4 storey mixed use development including 3 retail shops, 17 dwellings and basement car parking for 23 vehicles at 62 Frenchmans Road Randwick subject to the following conditions:-

 

The consent shall not operate until the applicant satisfies Council as to the following matters within 12 months from the date of this consent. The following requirements are to be adequately addressed to the satisfaction of the Director of Planning and Community Development:-

 

1.       Turning manoeuvre diagrams shall be submitted showing the largest size service vehicle accessing the site being able to enter and exit the site in a forward direction.

2.       Each resident car parking space shall be allocated specifically to a dwelling.  Plans and details are to be provided.

3.       Amended plans demonstrating satisfactory ramp grades shall be submitted by the applicant. 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.

4.       Proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted.

 

5.       Amended plans incorporating the three design amendments proposed in concept form in email dated 18 February 2005 and detailed as-

 

5.1          Increasing the setback of the upper level on Kemmis St by a further 2.2 metres for a section of the southern unit.

5.2          Reducing the height of the building on Kemmis Street by 600mm, this is achieved by stepping the leading edge down.

5.3          Reducing the eastern facing balcony/terrace of the upper corner unit to a total width of 700mm, from the original proposed 2.2m.

 

Subject to compliance with the deferred commencement requirement, approval be granted subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered 040514 01 through to 10 dated November 2004 and submitted 31 January 2005, the application form and on any supporting information received with the application, except as may be amended by the plans/details approved pursuant to the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans.

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the sample board submitted and approved by Council as part of deferred commencement conditions.

 

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 the 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 in 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                                   $26893.18

b)      for the provision or improvement of community facilities                       $11890.92

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.     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.

 

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.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of Planning & Community Development, prior to the commencement of works.

 

16.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

17.     A separate Development Application is required to be submitted to and approved by Council with regard to each separate proposed usage of the building prior to occupancy.

 

18.     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.

 

19.     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.

 

20.     The installation of roller shutters or security grilles to the shopfront is not permitted, unless a specific development consent has been obtained from Council.

 

21.     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.

 

22.     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.

 

23.     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.

 

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

 

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

 

          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.

 

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

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

36.     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.

 

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

 

38.     The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person 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.

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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”.

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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

 

55.     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.

 

56.     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:

 

57.     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:

 

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

 

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

 

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

 

59.     An application, in accordance with Section 68 of the Local Government Act 1993 and the Local Government (Approvals) Regulation 1999 is to be submitted to and approved by Council prior to a Construction Certificate being issued for the development for the installation and operation of a greywater system. Details of compliance with relevant NSW Health Department Guidelines are to be provided with the application.

 

60.     The greywater system is to be designed, installed and operated in accordance with the requirements of relevant NSW Health Guidelines for Greywater and Sewage Recycling in Multi-Unit Dwellings and Commercial Premises.

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

 

61.     A Validation Report shall be submitted to Council upon completion of the remedial works, and prior to commencing any building works. Consent for remediation works has been given by Council under D/369/2004. The Validation report shall be prepared with reference to the NSW Environment Protection Authority guidelines, Consultants Reporting on Contaminated Sites, and shall include:

 

·        Description and documentation of all works performed.

·        Results of validation testing and monitoring.

·        Validation results of any imported fill onto the site.

·        Demonstrate how all agreed clean-up criteria and relevant regulations have been satisfied.

·        Clear justification as to the suitability of the site for the proposed use and the potential for off-site migration of any residual contaminants.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

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

 

          In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

63.     Plant and equipment associated with the rainwater tanks and greywater treatment systems is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

64.     The operation of plant and equipment associated with the rainwater tanks is restricted, if the noise emitted can be heard within a habitable room in any other residential premises:

 

·        before 8.00am or after 8.00pm on weekends or public holiday; or

·        before 7.00am or after 8.00pm on weekdays.

 

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

 

66.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services. The report is to include, but not be limited to, the potential for noise and vibration nuisance associated with the rainwater tank and greywater system plant and equipment and the geothermal heating and cooling system

 

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:

 

67.     The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

68.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

69.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

Security Deposit Conditions

 

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

 

70.     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)       $2000.00  -           Damage / Civil Works Security Deposit

 

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

 

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

 

Traffic conditions/Civil Works Conditions

 

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

 

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

 

a.       Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the basement carpark.

b.       Remove all redundant concrete vehicular crossings and laybacks (along both the Kemmis Street and Frenchmans Road site frontages) and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

c.       Reconstruct the kerb and gutter for the full site frontage in both Kemmis Street and Frenchmans Road except opposite the vehicular entrance and exit points.

d.       Carry out a full depth, minimum two (2) metre wide, road reconstruction in front of the kerb and gutter along the full site frontage in both Kemmis Street and Frenchmans Road.

e.       Reconstruct the concrete footpath along the full site frontage in Kemmis Street.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

f.        Reconstruct the full width footpath along the full site frontage in Frenchmans Road, in accordance with the Council’s Urban Design Guidelines for Frenchmans Road Commercial Centre.  This may include pavements, seat installations, bins, trees, tree squares and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

72.     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.

 

73.     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.

 

74.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines.

 

75.     The driveway opening at the Kemmis Street frontage to the basement carpark shall be minimum 5.50 metres wide.

 

76.     The internal driveway must be a minimum 5.50m wide (clear width) for the first 5 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

77.     The gradients of the driveway accessing the basement carpark shall be in accordance with AS2890.1:2004. It is noted that this includes suitable transitions being provided at the property boundary. Plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

78.     All vehicles shall enter and exit the site in forward direction.

 

          Appropriate signage shall also be installed at the entrance to the ground floor loading bay to advise drivers of this requirement.

 

79.     A work zone is to be provided in Kemmis 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.

 

80.     There shall be no portion of the development (excluding approved street level awnings) encroaching over the property boundaries.

 

          The submitted plans show the provision of an outdoor seating area (in conjunction with Shop 3), encroaching onto Council’s footpath. Should the applicant wish to use Council’s footpath adjacent to the property alignment for outdoor footpath seating, then the applicant shall submit a separate Development Application, for consideration of this proposal. The plans submitted for the construction certificate shall be amended to show all dining areas being located wholly within the property.

 

81.     The minimum clear distance from the existing footpath in Frenchmans Road to the underside of the proposed awning (or any attached signage) shall be 2.6 metres.

 

82.     All new awnings shall be set back a minimum of 0.6 metres from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

83.     All awnings shall be of uniform width across the site frontage in Frenchmans Road. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

84.     A minimum 3 metre x 3 metre splay is to be dedicated to Council on the corner of Frenchmans Road and Kemmis Street.

 

          There are to be no encroachments (such as the proposed landscaping) onto this dedicated land. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

Alignment Level Conditions

 

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

 

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

 

·        Frenchmans Road frontage:            2.5% above the top of the existing kerb level, at all points opposite the kerb along the full site frontage.

 

·        Kemmis Street frontage:     Match the back of the existing concrete footpath at all points opposite the footpath along the full site frontage.

 

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

 

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

 

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

 

87.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $3142 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:

 

88.     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.

 

89.     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.

 

90.     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.

 

91.     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.

 

DRAINAGE CONDITIONS

 

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

 

92.     The floor level of all habitable and storage areas along the Frenchmans Road site frontage shall be at a minimum RL of 69.465 (AHD) or suitably waterproofed up to this same level.

 

93.     All doors, walls, fences, windows etc on the ground floor level along the Frenchmans Road site frontages shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

          It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in a manner that could endanger lives during the PMF event.

 

94.     All stormwater runoff being discharged from the site shall be directed to Council’s underground drainage system in Frenchmans Road via a new and/or existing kerb inlet pit. New kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD6.

 

95.     With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

96.     Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line.

 

97.     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).

 

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.     Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issue, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)      A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)      The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

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

 

101.   On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

          For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

          Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum have to be a minimum of 2.0 metres below the base of the tank to facilitate infiltration.

 

102.   A reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

103.   The applicant must provide for a detention volume of up to the 1 in 100 year storm event should no formal overland escape route be provided for storms greater than the design storm.

 

104.   Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

          Notes:

a.       The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Asset and Infrastructure Services Department.

b.       If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

 

105.   The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

106.   The stormwater detention area must be suitably signposted where required, warning people of the maximum flood level.

 

107.   The maximum depth of ponding in above ground detention areas shall be as follows:

 

i.        300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

ii.       600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

iii.      1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

          Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

 

108    The floor level of all habitable and storage areas adjacent to the detention area must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

110.   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.

 

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

 

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

ii.       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.

 

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

 

113.   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.

 

114.   A minimum of 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.

 

115.   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:

 

i.        The location of the detention basin with finished surface levels;

ii.       Finished site contours at 0.2 metre intervals;

iii.      Volume of storage available in the detention areas;

iv.      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

v.       The orifice size(s) (if applicable);

vi.      Details of any infiltration/absorption systems; and

vii.     Details of any pumping systems installed (including wet well volumes).

 

116.   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.

 

117.   As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement carpark is to be suitably tanked and waterproofed. A Structural Engineer/Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

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

 

WASTE MANAGEMENT CONDITIONS

 

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

 

119.   The residential garbage room area shall be sized to contain a total of 18 x 240 litre bins (9 garbage bins & 9 recycle bins) whilst providing satisfactory access to these bins.

 

120.   A separate garbage area must be constructed for the retail components of the development. The retail garbage area/s shall be sized to contain a total of 6 x 240 litre bins (with satisfactory access to each of the bins by the retail tenancies). Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

121.   The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

122.   Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and retail components of the development site, post construction.

 

LANDSCAPE CONDITIONS

 

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

 

123.   The landscaped areas shown on the plan prepared by DBB/LN of 360 Degrees Landscape Architects, number 1 of 1, dated 4th August 2004 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the principal certifying authority prior to the issue of a construction certificate. If Council is not the certifying authority, the applicant shall forward a copy of the approved plans to Council for record purposes. 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 street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

g.       The landscape plan shall show a minimum number of 4 x 75 litre broad canopied trees (not palms) specifically located within the deep soil zones of the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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

 

i.        In order to reduce the amount of stormwater generated by the site, as well to recharge groundwater supplies, porous paving shall be used in all paved areas not over slab. Details are to be provided with the construction certificate application.

 

124.   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.

 

125.   In order to provide a clear line of sight of approaching vehicles and pedestrians when vehicles are exiting the site, the landscape plan submitted for the construction certificate application will be required to show the relocation of the three (3) Livistona australis (Cabbage Palms) proposed for along the eastern boundary of the site, moved further to the west, closer to the proposed building line.

 

126.   Landscaping adjacent (within 2 metres) of driveway/hardstand areas, should be restricted to low growing shrubs (maximum height of 600mm) and groundcovers for the same reasons outlines above. The applicant shall demonstrate compliance with this condition to the satisfaction of the certifying authority prior to the issue of a construction certificate.

 

127.   The proposed planting of a stand of Sapium sebiferum (Chinese Tallowoods) at the northern point of the site, shown as a total of 24 on the planting schedule, and 15 on the plan, is considered excessive. This area shall be reviewed, with the plan submitted for the construction certificate application required to show the canopy of proposed trees in this area at their full size at maturity (not 3 metres as shown), together with a revised total.

 

128.   The applicant will be required to detail the method of maintenance (in accordance with OH&S requirements) for the proposed gardens outside the balustrade on Level 3. Such details shall be provided, to the satisfaction of the certifying authority, prior to the issue of a construction certificate.

 

129.   The applicant shall submit a landscape design for the Kemmis Street and Frenchmans Road frontages of the development in accordance with Council’s Urban Design Guidelines for Frenchmans Road Commercial Centre. The landscape design may include pavements, seat installations, bins, trees, tree squares and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

          The Landscape Design plans shall be submitted to and approved by Council’s Director of A & I Services in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the certifying authority issuing a construction certificate for the development.

 

          The applicant shall note that the approved landscape works carried out on Council property shall be in accordance with Council’s requirements for Civil Works on Council property. An application for the cost of the landscape works on Council property is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design checking and supervision fee based on the lowest quotation from Council’s nominated contractor will be required to be paid prior to the commencement of any works.

 

          A refundable deposit in the form of cash or cheque of $4,000 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the construction of the approved landscape works along the Frenchmans Road and Kemmis Street site frontage.

 

130.   To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

          Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

131.   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.

 

132.   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.

 

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

 

134.   All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

          All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

135.   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

 

136.   The applicant shall submit a total payment of $12,768.00 to Council,

 

a.       Being the cost for Council to remove the existing street tree specimens of eight (8) Callistemon viminalis (Weeping Bottlebrush) along the Kemmis Street frontage ($1,600.00 + GST), and

 

b.       Being the cost for Council to supply and install 5 x 100 litre street trees (Syzygium leuhmannii, Lilly Pilly) on the Kemmis Street nature strip at the completion of all works ($1780.00 + GST), comprising one to the north of the main driveway and four (4), evenly spaced to the north of the access to the loading area.

 

c.       To compensate Council for the loss of amenity caused by the removal of the street trees ($9050.00).

 

The contribution shall be paid into Tree Amenity Income Code R39 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

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

 

ADVISORY CONDITIONS

 

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

 

A2.    The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)       Part E1      -           Fire fighting equipment

b)      Part E2      -           Smoke Hazard Management

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

d)      Part F4      -           Light and ventilation, in particular, carpark ventilation

e)       Part D3     -           Access for people with disabilities

 

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

 

ATTACHMENT/S:

 

Additional detail and amended concept plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Development Application Report.

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

21 February, 2005

FILE NO:

D0657/2004

 

PROPOSAL:

 New part 3 part 4 storey mixed use development including 3 retail shops, 17 dwellings and basement car parking for 23 vehicles.

PROPERTY:

 62 Frenchmans Road Randwick

WARD:

 North Ward

APPLICANT:

 Brenchley Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $3.838 million.

         

The proposed development was the subject of a pre-lodgement meeting which resulted in a referral of the plans to the Design Review Panel. Based on this referral amendments were required which were formulated into plans lodged as a Development Application. The application was referred to the panel on two further occasions, resulting in further amendments.  The final set of plans, which are the subject of this assessment, are considered to satisfy the requirements of State Environmental Planning Policy No. 65.

 

The application has resulted in objection in relation to FSR and Height, concerns for traffic and parking impacts, and the development being inconsistent in character with the adjoining heritage items. These objections are discussed in greater detail within the report but are not considered sufficient to warrant refusal of the application.

 

The development is considered to be consistent with the character of the locality, the objectives of FSR have been satisfied and the development will have minimal amenity impact to neighbouring properties.

 

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

 

2.       THE PROPOSAL

 

The proposal is for erection of a new part three part four storey mixed use development. The development provides for basement car parking for 24 vehicles including two disabled spaces, ground floor retail space for 3 occupancies and associated loading dock and one residential unit. The first, second and third floors contain residential units, with roof top terraces proposed above.

 

The development provides for three commercial units and 17 residential units. The residential units are a combination of one and two bedrooms, 11x2 bedroom and 6x1 bedroom. The total area of commercial floor space is 323sqm, shop 1- 122sqm, shop 2- 89.2sqm and shop 3 -112sqm.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is located on the corner of Frenchmans Road and Kemmis Street with a north eastern orientation. The site is irregularly shaped with a frontage to Frenchmans Road of 34.585m and to Kemmis Street of 60.62m. The southern rear boundary adjoining the Mitre 10 development is 30.285m and a western boundary of 25.28m. The site has a total area of 1192sqm.

 

The site is currently occupied by a partially demolished single storey building associated with the previous use as a service station. The site has been vacant for greater than 12 months however remediation works including removal of petrol tanks and contaminated soil has been undertaken.

 

The site is adjacent to residential properties in Kemmis Street and a commercial shopping precinct along Frenchmans Road.

 

The subject site looking south-west along Frenchmans Road

 

The southern boundary of the site adjacent to Mitre 10               subject site looking south

 

Southern boundary with Mitre 10                     Existing building to be demolished per previous DA

 

This section of Frenchmans Road is primarily bounded by two storey shop-top housing developments and recently constructed mixed use developments comprising of three and four storeys.

 

To Kemmis Street the buildings are generally one and two storey residential dwellings many of which are heritage items of high architectural merit.  It is noted that these dwellings are elevated off street level by some 1 to 2 metres. The eastern side of Kemmis Street is more residential in character, with extensive street plantings and a softer streetscape character than the commercial strip of Frenchmans Road and western side of Kemmis Street incorporating the Mitre 10 site.

 

Kemmis Street looking south from Frenchmans Road   Looking south along eastern side of Kemmis Street

 

Heritage listed properties along the eastern side of Kemmis Street

 

Western side of Kemmis Street, the alignment to Mitre 10 visible.

 

 

4.       SITE HISTORY

 

a.       HISTORY OF SITE USEAGE

 

The subject site has operated since 1954 as a service station until some 4 to 5 years ago.  In December of 2003 consent was issued for demolition of the existing building and site remediation works as part of DA 561/03. DA 562/03 consent was also issued for a change of use from the service station to a car wash/café in December 2003.

 

A subsequent development application for demolition works and associated remediation was submitted to Council as DA 369/04 and consent was granted on the 13 August 2004.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to the Precinct Committee in accordance with the Council’s Policy Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

P Beirne

27 Kemmis Street

 

A & C Lennox

17 Kemmis Street

 

S Slim

19 Kemmis Street

 

L Stanway

15 Kemmis Street

 

A Davey

23 Kemmis Street

 

R Macarthur Onslow

25 Kemmis Street

 

D Crane

Level 1, 93 Norton Street

Leichardt

 

·        The height exceeds the guidelines set for Kemmis Street

 

Comment

 

There are no guidelines set specifically for Kemmis Street where each side of the street has a different zoning, the eastern side being Residential 2B and the western side 3B Local Business. The height limit for the 3B zoning inclusive of 62 Frenchmans Road is 12m, the proposal does seek to exceed this height limit via way of a SEPP 1 objection, the merits of this variation and a discussion on the objection is provided in greater detail under the Environmental Assessment section of this report.

·        4 storey building will impact on the aesthetic of Kemmis Street and the heritage properties

 

Comment

 

A full assessment of the aesthetics of the proposal has been undertaken as part of the referral to the Design Review Panel, a discussion on the impact of the heritage significance of the listed properties in Kemmis Street as a result of this proposal is provided under Heritage Planner comments.

 

·        The development will negatively impact on our privacy

 

Comment

 

Privacy has been discussed in greater detail under the Environmental Assessment section of this report. It is noted that the final 15 metres of the development along Kemmis Street are adjacent to Nos 17 to 21 Kemmis Street. There is a separation of some 20 metres between these balconies off bedrooms and the neighbouring properties of Kemmis Street, as such direct sightlines are unlikely and will not adversely compromise existing levels of privacy.

 

·        Do not want to establish a precedent for the Mitre 10 site’s redevelopment for apartments of a similar scale

 

Comment

 

Each development application is assessed on its individual merits and within the parameters of the relevant development standards. Where there is a variation to a development control compliance with the objectives of the control must be satisfied. Varying a development standard for one site does not inherently allow for a variation for an adjoining site.

 

·        The bulk of the proposal is unacceptable for the area

 

Comment

 

A detailed assessment on the bulk and scale of the development in regards to the surrounding locality is provided under the Environmental Assessment section of this report however, the development is considered to be acceptable in terms of bulk and scale having regard to the site being a gateway location requiring a strong architectural statement for the entry into the Council locality.

 

·        The development is out of character with the heritage listed properties to Kemmis Street

 

Comment

 

The proposal was referred to Council’s Heritage Planner for comment and these are included as part of this report. The development is not considered to have a detrimental impact on the heritage significance of these properties.

·        The proposed 23 parking spaces are insufficient and there are existing parking problems

 

Comment

 

There is a deficiency of some 7.28 spaces. These spaces are generated by retail commercial floor space and it is considered that typically people visiting this retail space would live within walking distance of the shopping precinct or arrive by the well serviced public transport along Frenchmans Road. As such it is considered that the amount of parking provided is sufficient for the intended use of the site. Further discussion on parking demand is provided under the Environmental Assessment section of this report.

 

·        Overshadowing to the front of the properties in Kemmis Street

 

Comment

 

A complete discussion on overshadowing is provided under the Environmental Assessment section of this report. However it is noted that shadow diagrams submitted show the shadow falls over Kemmis Street and extends to the front setback of properties 17 through to 23 Kemmis Street in the afternoon of the winter solstice. This is not a significant degree of overshadowing.

 

·        The internal design of the car park does not comply with Council’s DCP Parking

 

Comment

 

Council’s Director of Assets and Infrastructure has reviewed the proposal and does not raise any specific concerns with the internal planning of the basement car park in regards to gradients and vehicle manoeuvring.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Engineering comments

 

The comments contained in this report are based on the amended ground floor and basement floor plans (by Brenchley Architects):

 

§ Ground floor plan (incorrectly titled site and basement plan) - Drawings 02, Rev E, dated Nov 2004; and

 

§ The site and basement floor plan – Drawing 01, Rev C dated Nov 2004.

 

Landscape Comments

 

There is a row of Callistemon viminalis (Weeping Bottlebrush) all of approximately 4-5 metres in height on Council’s Kemmis Street footpath, comprising a group of five (5) towards the Frenchmans Road end of the site, and three (3) towards the southern boundary.

 

They all appear in reasonable condition, are covered by Council’s Tree Preservation Order and provide a positive contribution to the streetscape.

 

Council does not object to the removal of these eight (8) trees as is shown on the plans; however, the applicant will be required to cover Council’s costs associated with removal, loss of amenity and the provision of advanced replacements.

 

This site falls within Council’s Frenchmans Road Commercial Centre, and as such, the applicant will be required to provide a design (to Council’s specifications and requirements) for both street frontages.

 

The landscape plan requires several minor amendments prior to the issue of a construction certificate, details of which have been included in this report.

 

Waste Management Comments

 

Residential waste

The residential garbage room area shall be sized to contain a total of 18 x 240 litre bins (9 garbage bins & 9 recycle bins) whilst providing satisfactory access to these bins. The submitted basement plan demonstrates compliance with this requirement.

 

Retail waste

The submitted plans do not show the provision of any waste facilities for the three retail tenancies. It is noted that a separate garbage area is required to be provided for the retail components of the development. The waste requirements for the retail tenancies shall be 1 garbage bin and 1 recycling bin per tenancy.

 

Consequently, the retail garbage area/s shall be designed so as to be able to contain a total of 6 x 240 litre bins (with satisfactory access to each of the bins by the retail tenancies). A condition has been included in the AIS report noting that details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate. The AIS Department considers there is adequate space available within the vicinity of the ground floor loading bay area for the provision of such bin storage area/s. The DPCD should determine whether they require amended plans showing the retail waste area prior to the issuing of development approval.

 

Flooding Comments

 

The DPCD is advised that the subject development site is located adjacent to a localised low point and may be subject to stormwater inundation during major storm events.

 

The applicant has submitted a flood assessment report that determines the maximum flood level in the vicinity of the development site, through calculation of the depth of weir flow down Roscrea Avenue.

 

The maximum water level for the 1 in 100 year flood event was found to be RL 69.165 m (AHD). To minimise the possibility of localised floodwater entering the proposed buildings, the floor level for all new habitable, retail and storage areas located adjacent to the ponding area in Frenchmans Road shall be raised to a minimum RL of 69.465 m (AHD) (i.e. a minimum of 300 mm above the calculated 1 in 100 year flood level) or suitably waterproofed up to this same level.

 

The amended plans dated 29 November 2004 appear to demonstrate compliance with the above requirement.

 

Traffic Comments

 

The average traffic generation for the proposed residential development consisting of 17 residential units will be in the range of 68 to 85 vehicle movements per day.

 

The expected peak flow volume of approximately 8.5 vehicles per hour is considered low and no delays should be experienced in Kemmis Street as a result of this development.

 

All new walls adjacent to both vehicular crossings must be lowered to a height of 600mm above the internal driveway level or splayed 1.5 metres by 1.5 metres so that a driver of a stopped vehicle 2 metres behind the street boundary line can observe pedestrians up to 2 metres from the crossings.

 

It is noted that the submitted plans do not show a 1.5 metre setback from the southern property boundary as previously requested by the AIS Department. Whilst the setback is still preferable, the AIS Department does not object to the driveway being located as shown on the amended ground floor plan 02, as the proposed driveway width of 5.6 metres allows the basement carpark exit lane to be at least 2.5 metres from the southern property boundary - facilitating pedestrian site lines in excess of the required 2 metres.

 

A minimum 3 metre x 3 metre splay on the corner of Frenchmans Road and Kemmis Street is to be dedicated to Council for road (footpath) widening purposes. It is noted that there are to be no encroachments on this dedicated land.

 

Ramp Grades

The submitted plans show the proposed ramp gradient for the first five metres inside the property at 1 in 5, that is 20%. Council’s DCP – Parking states that the maximum grade adjacent to the property boundary must be less than 1 in 20 or 5% for the first 5 metres from the property boundary. In addition, the maximum change in grade for any five metre length of ramp is 1 in 8 or 12.5%. The proposed ramp grade is too steep and may result in scraping at the property boundary.

 

It is noted that the submitted plans show the provision of a high point on the driveway within the site. Investigations carried out by the applicant’s hydraulic consultant have indicated that flows through Kemmis Street will be insignificant and thus there is no need for a high point along the driveway into the basement carpark.

 

It is recommended that the plans be amended to show deletion of the proposed high point and the use of appropriate ramp gradients in accordance with Council’s DCP Parking; or at a minimum the grades specified in AS2890.1:2004.

 

The AIS Department recommends that amended plans demonstrating satisfactory ramp grades be submitted by the applicant prior to the issuing of development approval. However, as there appears to be sufficient scope for alterations to the ramp grades to allow compliance with the standards, the AIS Department does not object to a condition being included in the report stating that plans submitted for the construction certificate shall be amended to show the ramp grades complying with AS 2890.1 (2004). The conditions contained in this memo require amended plans to be submitted prior to the issuing of a construction certificate.

 

Loading facilities

The AIS Department again raises concerns with the location of the ground floor loading bay, given that it would appear vehicles will be reversing back onto the street; and in particular noting the proximity of the state road. It is recommended that the applicant be requested to submit turning manoeuvre diagrams showing the largest size service vehicle accessing the site being able to enter and exit the site in a forward direction, prior to the issuing of development approval.

 

Council’s DCP – Parking notes that all service and delivery vehicles are to enter and leave the site in a forward direction; hence a condition has been included in this report that appropriate signage will be installed at the loading bay to direct drivers accordingly.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

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

 

Awning Comments

 

The minimum clear distance from the existing footpath in Frenchmans Road to the underside of the proposed awning (or any attached signage) shall be 2.60 metres.

 

It is noted that all new awnings shall be set back a minimum of 0.6 metres from the face of kerb. In addition, all awnings shall be of uniform width across the site frontage in Frenchmans Road. The plans submitted for the construction certificate shall be amended to demonstrate compliance with these requirements.

 

Outdoor footpath seating Comments

 

The submitted plans show the provision of an outdoor seating area (in conjunction with Shop 3), encroaching onto Council’s footpath. It is noted that there must be no encroachment of any part of the development onto Council’s road reserve, footway or public place.

 

Should the applicant wish to use Council’s footpath adjacent to the property alignment for outdoor footpath seating, then the applicant should submit a separate Development Application, for consideration of this proposal. The plans submitted for the construction certificate shall be amended to show all dining areas being located wholly within the site.

 

Splay Corner Comments

 

The submitted plans show the provision of a 3 metre x 3 metre splay on the corner of Frenchmans Road and Kemmis Street, for dedication to Council. However, it is again noted that there are to be no encroachments (such as the proposed landscaping) onto this dedicated land. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

6.2     Heritage comments

 

The subject site is prominently located on the corner of Frenchmans Road and Kemmis Street.  The site was formerly occupied by a service station which was recently replaced by a car wash facility with associated café.  There are a number of heritage items in the vicinity of the site including nos.1-13 Kemmis Street, a Victorian terrace row, nos.15 and 17, a Victorian semi-detached pair, and nos.23, 256 and 27, a group of Victorian villas.

 

The application proposes a mixed commercial/residential development comprising ground level retail fronting Frenchmans Road and residential development at the upper levels, and fronting Kemmis Street.  The development is to comprise a basement carpark with three and partly four levels above ground.

Clause 46 of Randwick LEP 1998 requires, for development in the vicinity of heritage item, that Council consider the likely effect of the proposal on heritage significance.

 

It is noted that the site is within the view corridor towards the Kemmis Street terrace from the Frenchmans Road, Clovelly Road, St Marks Road corner, and the development will block views from this direction.  It is considered however, that the development will considerably improve the setting of the heritage buildings by separating them from the traffic and commercial activity of Frenchmans Road, forming a more contained residential heritage precinct.  The proposed design of the new building is of simple modern design and will not compete with or detract from the heritage qualities of the adjacent Victorian buildings.  The proposed balcony elements to the Kemmis Street elevation provide modulation and depth to the façade which relates to traditional verandahs and balconies.  The element at the corner of Frenchmans Road and Kemmis Street has been redesigned to reduce its dominance, providing a balance between articulation and over-complexity.  Given the adjacent hardware outlet, there are no objections to the proposed high solid walls to the courtyards facing Kemmis Street.  The proposed colours and finishes appear to be generally satisfactory.

 

6.3     Environmental Health comments

 

Environmental Health comments

 

Key Issues

 

Site Contamination

 

The previous use of this site has been identified as a service station, and as such there is the need to consider the potential for contamination. In 2002 remediation work was undertaken, however the impacted fill located under the structures on site could not be accessed to finalise remediation.

 

A document titled Decommissioning and Validation Assessment former Caltex service station corner Kemmis Street and Frenchmans Road Randwick ( project ref: SJ111.R01 prepared November 2003) was submitted in support of this development application. Assessment of this document has revealed that:

 

·        The site has been remediated and validated for on going commercial usage with the exception of the fill remaining under the main building on site.

 

·        A small area of impacted fill above land use criteria remains under the main building on site. Should demolition of the building be required, removal of this material should be undertaken as part of any future redevelopment of the site.

 

This document did not comment on the suitability of the site for redevelopment as residential use.

 

On 8 November 2004 further information was received by Council from Urban Environmental Consultants stating that demolition, remediation, sampling and validation still need to occur on site. In August 2004 Council gave approval under D/369/2004 for demolition of the existing building and remediation of contaminated soil left on site. This application was made by the same applicant and discussions with the applicant have revealed that consent D/369/2004 would be taken up and works would be conducted prior to the development of the site.

 

On 11 November additional information was received from Urban Environmental Consultants, stating that the site would be remediated to NEHFD, meaning that it would be suitable for residential developments with minimal access to soils. This additional information also outlined the planned remediation and clearly stated that the site can and will be made suitable for the intended use.

 

The Environmental Health Unit is satisfied that the site can be and will be made suitable for the proposed mixed use commercial/residential. A condition requiring that a validation report be submitted to Council prior to above ground works commencing is to be included.

 

Greywater Reuse System

 

It is stated in this development application that it is intended to develop a system for treating and reusing greywater from showers, wash hand basins and washing machines. The reuse of greywater on a site presents public health and environmental issues because this water is often contaminated with human faeces, dirt and other materials.

 

It is important to note that the installation and operation of a greywater system is subject to a Local Approval in accordance with Section 68 of the Local Government Act 1993 and the Local Government (Approvals) Regulation 1999. A condition requiring the submission of an application for a Local Approval is to be included on the consent. Furthermore this application is to be submitted to and approved by Council prior to a Construction Certificate being issued for the development.

 

The Environmental Health Unit has been working with the applicant and NSW Health Department in an effort to ensure that the system installed and processes put in place manage greywater effectively and safely.

 

Further information has been sought in relation to the proposed greywater reuse system. As at the date of this memo not all information asked for has been submitted, and Council understands that the design of the greywater system for the site has not been finalised. The Environmental Health Unit has endeavoured to finalise the matter of the proposed greywater system prior to approval, however adequate information has not been provided.

 

The information outstanding is as follows:

 

·        Details of the system to be installed.

·        The maintenance schedule designed for the upkeep of the system.

·        Details of how the maintenance schedule will be documented and implemented.

·        Any NSW Health Department approvals or comments made in relation to the proposed system.

·        Confirmation of the activities from which the greywater will be collected.

·        The volume of grey water stored and re-used on site.

·        The method and time frame for storage of greywater.

·        The method of treatment of greywater.

·        The method of disinfection of greywater.

·        The performance standards which the greywater is to achieve.

·        The re-use activities for the greywater and the method of delivery.

·        Techniques employed to prevent cross connection and cross contamination between greywater and potable water supplies.

·        Any other information that may indicate to Council or satisfy the Council that the system will not cause or potentially create a public health or environmental issue, including contamination of the groundwater.

 

This additional information is required to be submitted to Council, and it is expected that these matters will be addressed in the Local Approval application submitted to Council and approved prior to a Construction Certificate being issued for the development.

 

Rainwater Tanks

 

It is stated in the development application that a conventional rainwater harvesting system will be used to collect water from the roof for irrigation purposes only. The applicant should be referred to Councils Rainwater Tank Policy and standard conditions for the installation and operation of rainwater tanks are to be included.

 

Geothermal Heating and Cooling System

 

It is stated in the development application that a geothermal heating and cooling system will be designed for inclusion within this development.

 

Further information was requested in relation to the proposed geothermal heating and cooling system. The applicant was asked to address the issues of potential noise and vibration nuisance associated with the system. This information has not been supplied to Council.

 

Should the application be approved, standard noise conditions are to be included, including the requirement for an acoustic report to be submitted to Council.

 

6.4     Building comments

 

BCA Building Classification

 

§ Class 2            -           Residential units

§ Class 7a          -           Car park

§ Class 5            -           Offices

§ Class 6            -           Shops

Background

 

The existing building on site is an unused service station bounded by two (2) storey commercial buildings. A search of Council’s records has revealed that there are concerns about contamination at the site.

 

Key Issues

 

Site Management:

 

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

 

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

 

Building Code of Australia (BCA):

 

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

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

7.1     Randwick Local Environmental Plan 1998

 

The site is zoned 3B Local Business under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent. The following Clauses of Randwick LEP 1998 apply to the proposal:-

 

Commercial

Clause No.

Requirement

Provided

Compliance

32 - FSR

1.5:1

1.59:1

No SEPP 1 objection provided

33 - Building Height

12m

13.8m

No SEPP 1 objection provided

Other Clauses

Effect

Applies

Comment

46

Vicinity of Heritage Item

Yes

Comments provided by Heritage Planner no issue raised

42B

Contaminated land

Yes

Site will be remediated to suit the intended use

 

7.2     POLICY CONTROLS

 

7.2.1  Development Control Plan No. 6 Frenchmans Road, Kemmis Street Shopping Centre

 

Height of the building shall not exceed 7m, 5m from the alignment with Kemmis or Frenchmans Road

This height control is replaced by LEP 1998. It is noted that the bulk of this height above 7m is recessed from the front street alignment.

Height of the building shall not exceed 9.5m

LEP 1998 replaces this control 12m is the permissible maximum height

Maximum FSR of 0.75:1

LEP 1998 replaces this control with an FSR of 1.5:1.

No vehicular access from Frenchmans Road

No vehicular access is provided to Frenchmans Road

Parapet height should match existing height

The parapet height is increase by 1500mm from adjoining buildings which is considered an acceptable increase for this ‘bookend’ development to the commercial precinct

Awning shall be maintained along Frenchmans Road

An awning is proposed along Frenchmans Road consistent with the existing awnings in the shopping strip

Cnr of Kemmis Street and Frenchmans Road acute angle should be eliminated

This guideline is in conflict with current urban design principles and as such emphasis of the corner is encouraged by the Design Review Panel.

Existing building line should be maintained to Frenchmans Road

The existing building line and setback to Frenchmans Road has been maintained with this development

The existing geometric shape of the parapet fenestration rhythm, texture and materials shall be re-interpreted

A strong interpretation of the fenestration and building detail of the existing shops within this precinct has been used with this development.

 

DCP No. 6 was adopted by Council in 1986 prior to the gazettal of the current Local Environmental Plan. It is considered that in the 18 years since adoption, the character of the locality to which the DCP applies has substantially changed and planning practices have developed beyond that which the DCP sought to achieve. As such, the aims and objectives of DCP No. 6 are no longer consistent with the opportunities and desired outcomes that are provided by RLEP 1998. Any inconsistencies with the DCP that are not repealed by LEP 1998 (where a statutory development standard overrides a DCP control), are not considered to be significant enough as to warrant refusal of the application.

 

7.2.2  Development Control Plan Parking

 

The DCP provides the following car parking provisions for multi-unit housing.

           

Requirements

Rate

Complies

1 Bedroom1 per 1 bed or bedsit over 40m2

6x1= 6 spaces

Yes

2 Bedroom 1.2 per dwelling

11 x 1.2 =13.2 spaces

Yes

Visitor  1 per 4 dwellings

4.25 spaces

No 2 spaces provided it is considered that the deficiency is not unreasonable given high level of public transport serving the locality.

Bicycle 1 per 3 dwellings and 1 visitor per 10 dwellings

5.6       and 1 visitor

Yes

Carwash bay 1 per 12 dwellings

1 car wash required

Yes will be conditioned to provide visitor space shared use with car wash

Restaurant 1 space for 40sqm GFA for first 80sqm then 1 space per 20sqm thereafter

112sqm /40 = 2.8spaces

No, no retail car spaces designated

Retail 1 space for every 40sqm

211sqm/40 = 5.27spaces

No, 1 retail space to be designated only

 

The proposal does not comply with parking requirements for the demand generated by this development. Section 94 contributions cannot be levied for the deficiency as Frenchmans Road commercial precinct is not included in Randwick commercial centre as defined in the Section 94 contributions plan.

 

Driveway gradients can comply with maximum ramp grade of 1 in 6 and less than 1 in 20 for the first 5m from the property boundary and the Australian Standard as conditioned.

 

Parking structures are clear of all obstructions, including columns, ducts, pipes etc.

The minimum dimensions for a car space are 5.5mx2.5m. The minimum width for a designated disabled parking space is 3.2m for the three disabled spaces provided.

 

Despite the deficiency in the number of spaces provided a variation in the amount of parking provided can be considered given the extensive public transport that is provided along Frenchmans Road that readily accommodates the subject site.

 

Of the 26 spaces provided within the basement and the additional loading bay and disabled parking space to the ground floor the following allocation is to be provided:

 

·      19 residential spaces

·      4 visitor spaces

·      1 retail tenancy space

·      2 loading dock

 

A total of 24 parking spaces are to be provided and will be allocated as such per condition of consent

 

7.3     State Environmental Planning Policies

 

7.3.1  State Environmental Planning Policy No. 55

 

The site has been identified as being contaminated and as such adequate land remediation measures are required to ensure there is no site contamination once the proposed development commences. As a separate development consent has been issued for demolition and remediation of the site which will be undertaken prior to works commencing on the mixed use development. The requirements of the SEPP will be satisfied once a validation report stating the site has been remediated to the standard necessary for the intended use has been submitted as required by deferred commencement condition of this consent.

 

7.3.2  State Environmental Planning Policy No. 65

 

The application was referred to the Design Review Panel for comment and the following final comments were provided:

 

INTRODUCTION

 

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

 

PANEL COMMENTS

 

1.       Relationship to the Context of the Proposal

 

The applicant provided a somewhat dismissive description of the context of this proposal.  Context is a required head of consideration under SEPP 65 and as such plans and any drawings of the building are required to be shown within the context of the proposed development.

In particular,

 

-       the geometry of the building in the curving Frenchmans Road alignment

-       the relationship to the offset intersection geometries

-       the location of varied adjoining building stock

 

all need to be described in order to be better understood.

 

Therefore, as stated in previous Panel comments, a context plan is required.

           

2.       The Scale of the Proposal

 

The proposed building is of satisfactory scale.

 

3.       The Built Form of the Proposal

 

As discussed with the applicant, the Panel is of the view that the planning of the building could be simplified and that this would result in a more satisfactory external expression, particularly to Kemmis Street, and better amenity for residents.

 

The idea of a complex form on the corner of Frenchmans Road and Kemmis Street is supported in principle.  However it is our view that the present design would benefit from some simplification of the architectural expression and integration of the stairs into the form of the building.  Columns and changes of level on the ground floor at this corner need to be better understood and more accurately shown.  This undercroft area cannot be claimed as a deep soil planting area.

 

The Panel discussed strategies for making the main stair more open at all levels.  Alternate design options should be confirmed with a BCA Consultant especially in relation to fire stairs.  It would be desirable if the fire escape to Frenchmans Road could be changed and the central stairwell and the associated light well be enlarged and opened at least visually to the rear courtyard.

 

Columns to the café courtyard need to be indicated on the ground floor plan

 

The position of the AC plant on Kemmis street should be reviewed.

 

The bedroom balcony to units 3 and 7 compromise the privacy of the other units facing the internal courtyard.

 

4.       The Proposed Density

 

This would appear to be satisfactory.

 

5.       Resource and Energy Use and Water Efficiency

 

Most units can achieve cross ventilation, although at present the fenestration shown does not maximize the opportunities to do so.

 

Glazed areas need to be protected from direct sun.

 

6.       The Proposed Landscape

 

A revised landscape plan was not sighted and needs to be prepared.

 

7.       The Amenity of the Proposal for its Users

 

          The opportunity to ventilate the bedrooms to the quieter environment of Kemmis Street should be taken however Unit 6 may be improved by facing the living areas to Kemmis Street rather than into the enclosed courtyard.

 

          The laundry to unit 11 is too small, a wall cabinet rather than a room should be considered.

 

          There are a number of places where windows should be provided to service rooms, particularly in association to changes to the central stair.

 

          The kitchens in some apartments need to be re-planned so that they don’t feel that they are located within circulation spaces.

 

8.       The Safety and Security Characteristics of the Proposal

 

          The layout of the ramp and parking basement needs to be checked to ensure that it will function adequately.

 

9.       Social issues

         

10.     The Aesthetics of the Proposal

 

It is the Panel’s view that the design needs further resolution and simplification.

 

Recommendation

 

This application has improved since previously viewed. 

 

The Panel believes that subject to the above amendments being made, in discussion with the assessing planner, this proposal should progress to its subsequent stages.  The panel would however like to discuss the amendments made with the assessing planner.

 

It is considered that the final set of amended plans resolve many of the final issues raised by the panel and will result in a development that satisfies the principles of SEPP 65.

 

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     Landscaped area

 

There is no specific requirement for landscaped areas or deep soil planting for a mixed use development in the 3B Local Business zone however, a merit assessment would encourage a deep soil planting zone within the site as well as private and communal open space. The proposal provides for one area of deep soil planting to the south western boundary at the rear of the site with the dimensions of 6000mmx6000mm. The landscape plan submitted with the proposal indicates that these areas will be provided with extensive low to medium scale plantings in these areas. The site as a whole proposes extensive landscaping with the use of “living” roof top areas and extensive planter beds, as such the site will have a high level of landscaping to visually soften the development and integrate it into the treed streetscape of Kemmis Street and the commercial shopping strip of Frenchmans Road.

 

Each individual unit is provided with a private open space area of 7sqm with typically two balconies provided to lower units and deck areas with an area up to 25sqm provided to upper level units. The extensive balcony, terraces and roof top deck areas provide for a good level of outdoor recreation for each unit.

 

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 1.5:1 and the proposal will have a FSR of 1.59:1, a variation of some 107sqm. The application was accompanied by a SEPP 1 objection, which provides the following reasons it is unreasonable and unnecessary to comply with the standard:

 

·       The departure from the maximum floor space ratio standard will not give rise to any significant impacts to adjoining properties in terms of loss of sunlight, loss of privacy or loss of views.

·       The height, bulk and scale of the finished development results in a building that is consistent with the LEP objectives for redevelopment along Frenchmans Road and Kemmis Street and is consistent with the surrounding variety of buildings and their land uses.

·       The mixed use development will exceed Councils design criteria for ecologically sustainable development

·       The site will have improved drainage, which is supplemented by deep soil planting and garden areas. This is a vast improvement from the approximate 98% site coverage of impervious paved area that existed when the service station was in operation

·       The proposed development will positively contribute to the streetscape of both Frenchmans Road and Kemmis Street  as intended by DCP No. 6 and DCP for Multi Unit Housing together with State Government residential Flat design Code.

 

The proposed development provides for diversity in building form, height, bulk and scale to that of surrounding buildings. The important location of the site being a corner, requires cautious and sympathetic approach to a building that will be visually responsive to Council’s desired character but also acknowledges the heritage listed dwellings opposite the site in Kemmis Street. The proposed increase in floor space ratio is supported by exemplary design, higher than required energy efficiency and sustainability, zero impact on neighbouring buildings and the creation of a sense of place along the neglected eastern end of Frenchmans Road commercial island precinct.

 

The departure from the maximum floor space ratio in the circumstances of the case does not generate any adverse environmental impacts on the residential precinct opposite in Kemmis Street or the established commercial/retail sector of Randwick adjoining the subject site. Therefore it is requested that Council favourably consider the floor space ratio departure.

 

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 on balance is relatively small 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 107sqm will not affect the amenity of the streetscape as the additional floor area is contained within a partial fourth level that is setback between 3.2m and 5.4m from street level (Frenchmans Road). To Kemmis Street the fourth level is recessed some 2m from the alignment of the lower levels and 5.5m from the street alignment. As such the additional bulk will not be readily visible from street level. The setback from adjoining properties is some 26m to the fourth storey which provides adequate separation to ensure there are no adverse impacts in regards to overshadowing, loss of privacy 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 be noted that developments within the Frenchmans Road commercial precinct have a density and scale comparable if not greater than that proposed with this development. As such, the proposal is consistent with the overall scale and proposed future character of this commercial precinct. In regards to the residential properties opposite the site in Kemmis Street many of these dwellings are of a two storey scale which, given the raised ground level from street level and the subject site, the finished RL of the proposed development and dwellings within Kemmis Street will be comparable. As such it is considered that the proposed scale of the development is not out of character with the locality even considering the two differently zoned areas that this site adjoins.

 

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 to require the proposed development to comply with the maximum permissible floor area would be unreasonable and unnecessary given that the upper level (fourth storey) could be deleted and the basement level raised to provide ground level parking and the development would comply with floor space whilst resulting in an even greater impact on the streetscape and neighbouring properties in terms of adverse visual impact and excessive bulk.

 

Given the comparable scale of the development and adjoining properties and the lack of impact to the amenity of these properties and the streetscape, 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     Setbacks

 

The LEP does not stipulate any setbacks for this development. DCP No. 6 encourages a matching of the alignment of neighbouring properties to Frenchmans Road. The proposed alignment to both Frenchmans Road and Kemmis Street is consistent and matching with the dominant alignment of neighbouring buildings. The strong creation of an urban wall by use of a continued street alignment is encouraged within this proposal.

 

DCP No. 6 encourages a blunt treatment to the corner of Kemmis Street and Frenchmans Road rather than an emphasis of the corner. Current urban design principles encourage an emphasis of this corner and a dramatised treatment of this aspect of the proposal was a recommendation of the Design Review Panel, as such, the treatment of the corner is a strong aspect of the positive built form of the development.

 

8.4     Privacy

 

The distance between windows of the proposed development and that of neighbouring properties to Kemmis Street is some 26m, as such direct sightlines will be difficult to achieve. Despite the lack of potential sightlines the windows that overlook the neighbouring dwellings to Kemmis Street are all off bedrooms which are considered to be low usage habitable rooms, and because of the in-frequency of use have less of an opportunity for overlooking.

 

Balcony areas that are located on the alignment to Kemmis Street are also off bedrooms which have less frequency of use and therefore reduced opportunity for overlooking. Roof top terrace areas are not oriented to overlook Kemmis Street and where there is some aspect towards Kemmis Street properties, over-viewing will be of the roofs of neighbouring properties not into habitable rooms. 

 

There is no identified privacy impact from units and terrace areas oriented over Frenchmans Road as there are no affected residences to this street.

 

8.5     Solar access

 

Shadow diagrams submitted with the proposal indicate that at the winter solstice the shadow cast will fall at 9am over the commercial property Mitre 10 and partially over Clovelly Road. At 12 noon the shadow cast will fall over the rear portion of the subject site and onto Kemmis Street. At 3pm the shadow will fall over Kemmis Street and partially over the front building setbacks of the properties of Nos 15-21 Kemmis Street. These properties will not be unreasonably affected where the shadow falling over their properties will be from 3pm to late in the afternoon on the winter solstice with no other affectation throughout the day. As such, this small degree of overshadowing is not considered to be unreasonable.

 

8.6       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 12m, the proposed overall height is 13.8m which represents a variation of 1.8m from the permissible. A lift over-run brings the overall maximum height to 14.09m, however, as this height can be excluded from overall height at the discretion of Council if it does not have an amenity impact (pursuant to Clause 33 (6) of RLEP 1998), the assessment on height is based only on the 13.8m height breach. The application was accompanied by a SEPP 1 objection, which provides for the following reasons in support of the objection:

 

·       The proposed development will not seriously affect adjoining properties or properties opposite to the east in Kemmis Street that are heritage items in terms of loss of privacy or overshadowing

·       The building has been carefully designed to accommodate the irregularly shaped lot by having shops fronting Frenchmans Road and the residential component along Kemmis Street setback to provide separation from the street alignment which will soften the development and reduce opportunity of loss of privacy

·       The increase in building height towards the corner (the area of breach) is typical of contemporary urban design and offers appropriate transition to the existing retail/commercial building adjoining tot eh south along Frenchmans Road.

·       The submitted shadow diagrams clearly indicate that no overshadowing will occur over habitable floor space of the Kemmis Street dwellings and will only reach front yards of a number of properties, if filtered through the existing street trees.

·       The proposed building height is consistent with the redevelopment potential of land in the 3B zoning given other development restriction such as floor space ratio and landscaping and have regard for amenity of surrounding areas.

·       The development proposal is seen as introducing a modern theme to the commercial zone having compared with the previous service station activity and associated buildings

·       The redevelopment of the Mitre 10 building is a distinct possibility and may take many forms of building design and or subdivision therefore considering future development potentials the design and height of this corner appropriate by contributing to the strong definition of the intersection of Frenchmans Road and Kemmis Street

·       The amenity of the area will not be compromised due to road widths that act as a buffer from the majority of surrounding residential and retail development, with the exception of the adjoining Mitre 10 building, which a retail/storage with no habitable floor area

·       The exceedence in overall height provides for good urban design and addresses the corner location with appropriate massing and modulation

·       The increase in building height at the fourth floor level is setback from the three storey building height below with the exception of the corner.

·       The variation does not give rise to any matters of significance for state or regional environmental planning not does it conflict with any SEPPs or ministerial directives.

 

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 12m can be attributed primarily to the partial fourth storey in particular the strong corner treatment at the corner of Kemmis Street and Frenchmans Road. The additional height will not affect solar access or 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 small 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.

 

The establishment of a well articulated and sensitively designed multi unit development, if refused would discourage the proper development of Frenchmans Road and Kemmis Street and would not promote the social and economic welfare of the community as is the underlying objective of the development standard.

Further, the development of an appropriate building form and scale when compared with the existing Mitre 10 building will ensure a positive precedent for the adjoining site’s future redevelopment potential.

 

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 items whilst providing a strong built form to a visually prominent site which acts as the gateway to the Frenchmans Road commercial precinct as well as the northern boundary of Randwick City Council. 

 

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 1.8m from the permissible height is due to the provision of a strong architectural development with an emphasis on good urban design. 

 

To require compliance with the 12m height requirement for the site is unreasonable and unnecessary given that compliance could be achieved by the deletion of the fourth storey however, given this fourth storey is setback from the alignment and results in no amenity impacts to neighbouring properties this measure would achieve little other than numerical compliance. Further, deleting this upper level would impact on the strong built form of the development and how it relates to this important prominent gateway site.

 

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.

 

9.       FINANCIAL IMPACT STATEMENT

 

Nil

 

10      CONCLUSION

 

The proposed mixed use development has been reviewed against all the assessment criteria contained within Randwick Local Environmental Plan 1998, Parking DCP and DCP No. 6. 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 the residential streetscape, heritage listed properties or commercial precinct. The SEPP 1 objections submitted with the application are well founded.

 

The application is recommended for deferred commencement consent.

 

RECOMMENDATION:

 

C.      THAT Council assume the concurrence of the Director of Infrastructure Planning and Natural Resources to vary the provisions of Clause Error! No document variable supplied. and 33 of the Randwick Local Environmental Plan 1998 (as amended) relating to floor space ratio and height for a Error! No document variable supplied. under State Environmental Planning Policy No. 1 and,

 

D.      THAT Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to Development Application No Error! No document variable supplied. for Error! No document variable supplied. at Error! No document variable supplied. subject to the following conditions:-

 

The consent shall not operate until the applicant satisfies Council as to the following matters within 12 months from the date of this consent. The following requirements are to be adequately addressed to the satisfaction of the Director of Planning and Community Development:-

 

1.       Turning manoeuvre diagrams shall be submitted showing the largest size service vehicle accessing the site being able to enter and exit the site in a forward direction.

2.       Each resident car parking space shall be allocated specifically to a dwelling.  Plans and details are to be provided.

3.       Amended plans demonstrating satisfactory ramp grades shall be submitted by the applicant. 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.

4.       Proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted

 

Subject to compliance with the deferred commencement requirement, approval be granted subject to the following conditions:

 

3.       The development must be implemented substantially in accordance with the plans numbered 040514 01 through to 10 dated November 2004 and submitted 31 January 2005, the application form and on any supporting information received with the application, except as may be amended by the plans submitted to satisfy deferred commencement conditions and the following conditions and as may be shown in red on the attached plans.

 

4.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the sample board submitted and approved by Council as part of deferred commencement conditions.

 

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

 

12.     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.

 

13.     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.

 

14.     Hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of the Building Code of Australia and AS 3500.

 

15.     The hot water system installed in the development must achieve a minimum greenhouse score of 3.5 as detailed in 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.

 

16.     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.

 

17.     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.

 

18.     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:

 

12.     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                                   $26893.18

b)      for the provision or improvement of community facilities                       $11890.92

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.

 

23.     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.

 

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

 

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

 

26.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of Planning & Community Development, prior to the commencement of works.

 

27.     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.

 

28.     A separate Development Application is required to be submitted to and approved by Council with regard to each separate proposed usage of the building prior to occupancy.

 

29.     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.

 

30.     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.

 

31.     The installation of roller shutters or security grilles to the shopfront is not permitted, unless a specific development consent has been obtained from Council.

 

32.     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.

 

33.     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.

 

24.     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.

 

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

 

59.     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.

 

60.     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.

 

61.     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.

 

62.     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.

 

63.     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.

 

64.     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.

 

65.     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:

 

66.     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.

 

67.     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.

 

68.     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.

 

69.     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.

 

70.     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:

 

71.     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.

 

72.     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.

 

73.     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.

 

74.     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.

 

75.     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.

 

76.     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.

 

77.     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.

 

78.     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.

 

79.     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.

 

80.     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.

 

81.     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.

 

82.     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.

 

83.     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.

 

84.     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”.

 

85.     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.

 

86.     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.

 

87.     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.

 

88.     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.

 

89.     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

 

90.     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.

 

91.     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:

 

92.     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:

 

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

 

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

 

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

 

70.     An application, in accordance with Section 68 of the Local Government Act 1993 and the Local Government (Approvals) Regulation 1999 is to be submitted to and approved by Council prior to a Construction Certificate being issued for the development for the installation and operation of a greywater system. Details of compliance with relevant NSW Health Department Guidelines are to be provided with the application.

 

71.     The greywater system is to be designed, installed and operated in accordance with the requirements of relevant NSW Health Guidelines for Greywater and Sewage Recycling in Multi-Unit Dwellings and Commercial Premises.

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

 

72.     A Validation Report shall be submitted to Council upon completion of the remedial works, and prior to commencing any building works. Consent for remediation works has been given by Council under D/369/2004. The Validation report shall be prepared with reference to the NSW Environment Protection Authority guidelines, Consultants Reporting on Contaminated Sites, and shall include:

 

·        Description and documentation of all works performed.

·        Results of validation testing and monitoring.

·        Validation results of any imported fill onto the site.

·        Demonstrate how all agreed clean-up criteria and relevant regulations have been satisfied.

·        Clear justification as to the suitability of the site for the proposed use and the potential for off-site migration of any residual contaminants.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

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

 

          In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

74.     Plant and equipment associated with the rainwater tanks and greywater treatment systems is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

75.     The operation of plant and equipment associated with the rainwater tanks is restricted, if the noise emitted can be heard within a habitable room in any other residential premises:

 

·        before 8.00am or after 8.00pm on weekends or public holiday; or

·        before 7.00am or after 8.00pm on weekdays.

 

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

 

77.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services. The report is to include, but not be limited to, the potential for noise and vibration nuisance associated with the rainwater tank and greywater system plant and equipment and the geothermal heating and cooling system

 

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:

 

78.     The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

79.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

80.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

Security Deposit Conditions

 

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

 

72.     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)       $2000.00  -           Damage / Civil Works Security Deposit

 

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

 

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

 

Traffic conditions/Civil Works Conditions

 

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

 

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

 

a.       Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the basement carpark.

b.       Remove all redundant concrete vehicular crossings and laybacks (along both the Kemmis Street and Frenchmans Road site frontages) and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

c.       Reconstruct the kerb and gutter for the full site frontage in both Kemmis Street and Frenchmans Road except opposite the vehicular entrance and exit points.

d.       Carry out a full depth, minimum two (2) metre wide, road reconstruction in front of the kerb and gutter along the full site frontage in both Kemmis Street and Frenchmans Road.

e.       Reconstruct the concrete footpath along the full site frontage in Kemmis Street.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

f.        Reconstruct the full width footpath along the full site frontage in Frenchmans Road, in accordance with the Council’s Urban Design Guidelines for Frenchmans Road Commercial Centre.  This may include pavements, seat installations, bins, trees, tree squares and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

108.   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.

 

109.   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.

 

110.   All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines.

 

111.   The driveway opening at the Kemmis Street frontage to the basement carpark shall be minimum 5.50 metres wide.

 

112.   The internal driveway must be a minimum 5.50m wide (clear width) for the first 5 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

113.   The gradients of the driveway accessing the basement carpark shall be in accordance with AS2890.1:2004. It is noted that this includes suitable transitions being provided at the property boundary. Plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

114.   All vehicles shall enter and exit the site in forward direction.

 

          Appropriate signage shall also be installed at the entrance to the ground floor loading bay to advise drivers of this requirement.

 

115.   A work zone is to be provided in Kemmis 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.

 

116.   There shall be no portion of the development (excluding approved street level awnings) encroaching over the property boundaries.

 

          The submitted plans show the provision of an outdoor seating area (in conjunction with Shop 3), encroaching onto Council’s footpath. Should the applicant wish to use Council’s footpath adjacent to the property alignment for outdoor footpath seating, then the applicant shall submit a separate Development Application, for consideration of this proposal. The plans submitted for the construction certificate shall be amended to show all dining areas being located wholly within the property.

 

117.   The minimum clear distance from the existing footpath in Frenchmans Road to the underside of the proposed awning (or any attached signage) shall be 2.6 metres.

 

118.   All new awnings shall be set back a minimum of 0.6 metres from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

119.   All awnings shall be of uniform width across the site frontage in Frenchmans Road. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

120.   A minimum 3 metre x 3 metre splay is to be dedicated to Council on the corner of Frenchmans Road and Kemmis Street.

 

          There are to be no encroachments (such as the proposed landscaping) onto this dedicated land. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

Alignment Level Conditions

 

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

 

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

 

·        Frenchmans Road frontage:            2.5% above the top of the existing kerb level, at all points opposite the kerb along the full site frontage.

 

·        Kemmis Street frontage:     Match the back of the existing concrete footpath at all points opposite the footpath along the full site frontage.

 

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

 

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

 

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

 

123.   The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $3142 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:

 

124.   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.

 

125.   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.

 

126.   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.

 

127.   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.

 

Drainage Conditions

 

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

 

128.   The floor level of all habitable and storage areas along the Frenchmans Road site frontage shall be at a minimum RL of 69.465 (AHD) or suitably waterproofed up to this same level.

 

129.   All doors, walls, fences, windows etc on the ground floor level along the Frenchmans Road site frontages shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

          It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in a manner that could endanger lives during the PMF event.

 

130.   All stormwater runoff being discharged from the site shall be directed to Council’s underground drainage system in Frenchmans Road via a new and/or existing kerb inlet pit. New kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD6.

 

131.   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.

 

132.   Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line.

 

133.   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).

 

134.   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.

 

135.   Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issue, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)      A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)      The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

136.   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.

 

137.   On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

          For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

          Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum have to be a minimum of 2.0 metres below the base of the tank to facilitate infiltration.

 

138.   A reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

139.   The applicant must provide for a detention volume of up to the 1 in 100 year storm event should no formal overland escape route be provided for storms greater than the design storm.

 

140.   Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

          Notes:

c.       The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Asset and Infrastructure Services Department.

d.       If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

 

141.   The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

142.   The stormwater detention area must be suitably signposted where required, warning people of the maximum flood level.

 

143.   The maximum depth of ponding in above ground detention areas shall be as follows:

 

i.        300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

ii.       600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

iii.      1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

          Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

 

109    The floor level of all habitable and storage areas adjacent to the detention area must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

138.   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.

 

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

 

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

ii.       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.

 

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

 

141.   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.

 

142.   A minimum of 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’

 

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

 

f)       A water tap shall be located adjacent to the car washing bay.

 

143.   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:

 

i.        The location of the detention basin with finished surface levels;

ii.       Finished site contours at 0.2 metre intervals;

iii.      Volume of storage available in the detention areas;

iv.      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

v.       The orifice size(s) (if applicable);

vi.      Details of any infiltration/absorption systems; and

vii.     Details of any pumping systems installed (including wet well volumes).

 

144.   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.

 

145.   As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement carpark is to be suitably tanked and waterproofed. A Structural Engineer/Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

c)       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.

 

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

 

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

 

Waste Management Conditions

 

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

 

147.   The residential garbage room area shall be sized to contain a total of 18 x 240 litre bins (9 garbage bins & 9 recycle bins) whilst providing satisfactory access to these bins.

148.   A separate garbage area must be constructed for the retail components of the development. The retail garbage area/s shall be sized to contain a total of 6 x 240 litre bins (with satisfactory access to each of the bins by the retail tenancies). Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

149.   The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

150.   Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and retail components of the development site, post construction.

 

Landscape Conditions

 

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

 

151.   The landscaped areas shown on the plan prepared by DBB/LN of 360 Degrees Landscape Architects, number 1 of 1, dated 4th August 2004 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the principal certifying authority prior to the issue of a construction certificate. If Council is not the certifying authority, the applicant shall forward a copy of the approved plans to Council for record purposes. 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 street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

c.       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.

 

j.        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.

 

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

 

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

 

m.      The landscape plan shall show a minimum number of 4 x 75 litre broad canopied trees (not palms) specifically located within the deep soil zones of the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

n.       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.

 

o.       In order to reduce the amount of stormwater generated by the site, as well to recharge groundwater supplies, porous paving shall be used in all paved areas not over slab. Details are to be provided with the construction certificate application.

 

152.   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.

 

153.   In order to provide a clear line of sight of approaching vehicles and pedestrians when vehicles are exiting the site, the landscape plan submitted for the construction certificate application will be required to show the relocation of the three (3) Livistona australis (Cabbage Palms) proposed for along the eastern boundary of the site, moved further to the west, closer to the proposed building line.

 

154.   Landscaping adjacent (within 2 metres) of driveway/hardstand areas, should be restricted to low growing shrubs (maximum height of 600mm) and groundcovers for the same reasons outlines above. The applicant shall demonstrate compliance with this condition to the satisfaction of the certifying authority prior to the issue of a construction certificate.

 

155.   The proposed planting of a stand of Sapium sebiferum (Chinese Tallowoods) at the northern point of the site, shown as a total of 24 on the planting schedule, and 15 on the plan, is considered excessive. This area shall be reviewed, with the plan submitted for the construction certificate application required to show the canopy of proposed trees in this area at their full size at maturity (not 3 metres as shown), together with a revised total.

 

156.   The applicant will be required to detail the method of maintenance (in accordance with OH&S requirements) for the proposed gardens outside the balustrade on Level 3. Such details shall be provided, to the satisfaction of the certifying authority, prior to the issue of a construction certificate.

 

157.   The applicant shall submit a landscape design for the Kemmis Street and Frenchmans Road frontages of the development in accordance with Council’s Urban Design Guidelines for Frenchmans Road Commercial Centre. The landscape design may include pavements, seat installations, bins, trees, tree squares and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

          The Landscape Design plans shall be submitted to and approved by Council’s Director of A & I Services in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the certifying authority issuing a construction certificate for the development.

 

          The applicant shall note that the approved landscape works carried out on Council property shall be in accordance with Council’s requirements for Civil Works on Council property. An application for the cost of the landscape works on Council property is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design checking and supervision fee based on the lowest quotation from Council’s nominated contractor will be required to be paid prior to the commencement of any works.

 

          A refundable deposit in the form of cash or cheque of $4,000 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the construction of the approved landscape works along the Frenchmans Road and Kemmis Street site frontage.

 

158.   To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

          Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

159.   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.

 

160.   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.

 

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

 

162.   All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

          All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

163.   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

 

164.   The applicant shall submit a total payment of $12,768.00 to Council,

 

a.       Being the cost for Council to remove the existing street tree specimens of eight (8) Callistemon viminalis (Weeping Bottlebrush) along the Kemmis Street frontage ($1,600.00 + GST), and

 

b.       Being the cost for Council to supply and install 5 x 100 litre street trees (Syzygium leuhmannii, Lilly Pilly) on the Kemmis Street nature strip at the completion of all works ($1780.00 + GST), comprising one to the north of the main driveway and four (4), evenly spaced to the north of the access to the loading area.

 

c.       To compensate Council for the loss of amenity caused by the removal of the street trees ($9050.00).

 

The contribution shall be paid into Tree Amenity Income Code R39 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

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

 

Advisory Conditions

 

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

 

A2.    The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)       Part E1      -           Fire fighting equipment

b)      Part E2      -           Smoke Hazard Management

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

d)      Part F4      -           Light and ventilation, in particular, carpark ventilation

e)       Part D3     -           Access for people with disabilities

 

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

 

ATTACHMENT/S:

 

Architectural plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

1 February, 2005

FILE NO:

D/831/2004A4 Plans

 

PROPOSAL:

 Demolition of the existing dwelling and construction of a new two storey attached dual occupancy.

PROPERTY:

 109 Victoria Street Malabar

WARD:

 South Ward

APPLICANT:

 Residential Logistics

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Robert Belleli, Scott Nash and Bruce Notley-Smith.

 

The applicant proposes to demolish the existing dwelling house and construct a two storey attached dual occupancy containing 2 x 2 bedroom dwellings each with single car garages.

 

The applicant was requested to amend the proposed development after concerns were raised regarding the impact of the proposal on the foreshore protection area and on views from the properties across the street.  Amended plans were subsequently submitted reducing the roof pitch from 25 degrees to 12 degrees. 

 

The application is subject to a Class 1 appeal in the Land and Environment Court on the basis of a deemed refusal.

 

The recommendation is for refusal of the proposed development as the height and side setback of the proposed building will not allow for a reasonable sharing of views from the properties to the west and south west and the design of the dual occupancy will have a detrimental impact on the visual qualities of the foreshore.  

 

2.       THE PROPOSAL

 

The applicant proposes to demolish the existing dwelling house and construct a two storey attached dual occupancy containing 2 x 2 bedroom dwellings with single car garages. 

 

The applicant has proposed living areas to the upper floor of each dwelling with rear balconies.  At the ground floor the applicant has proposed a single car garage, pedestrian entrance, laundry and family room to the ground floor of each dwelling.  The proposed garages are accessed by one common driveway and are separated by a common wall.  Pedestrian entrances have been proposed to the front of each dwelling. 

 

The applicant has amended the proposal reducing the roof pitch from 25 degrees to 12 degrees and the overall height from 8.584 metres to 7.260 metres.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Victoria Street between Napier Street and Howe Street in Malabar and is presently occupied by an existing single storey dwelling.  The site has a frontage width of 20.115m, a side boundary depth of 24.385m and has an overall site area of 490.5m². 

 

The area consists of a mix of residential dwelling types from one and two storey detached dwellings and dual occupancy developments.  A single storey dwelling house which faces Bay Parade is located to the north of the site and to the south is single storey dwelling house with carport to the front.  To the rear is a single storey dwelling house which faces Bay Parade.

 

Across the street are two single storey dwellings elevated from the street.  Randwick Golf Course is located 100m to the south.

 

Figure 1 is an aerial view of the subject site and surrounding area.

 

 

Figure 1: The subject site and surrounding area

 

 

 

Figure 2: 109 and 111 Victoria Street

 

Figure 3: Rear of 9 Bay Parade and 109 Victoria Street

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The subject application was lodged with the Council on 8 October 2004 and was notified to adjoining property owners for a period 14 Days from 13 October 2004. At the end of the notification period, 3 letters of objection were received.  These objections mainly detailed concerns with regard to view loss.

 

After an inspection of properties at 114 and 116 Victoria Street on 19 November 2004 the applicant was requested to erect height poles.  Further site inspections were carried out at 106, 108, 110, 114 and 116 Victoria Streets on 9 December 2004, whilst height poles were erected to determine the scale, height and degree of view loss.  After these site inspections a further 2 letters of objection were received.

 

A meeting was held between Councils Officers and Mr Alex Dounis of Residential Logistics (The Applicant) and Mr John Boulding of Forte Design on 15 December 2004.  At the meeting several possible design changes were discussed including the provision of a flat or skillion roof to the proposed building to reduce the degree of view loss.

 

Amended plans were received by Council on 23 December 2004 reducing the pitch of the roof to 12 degrees and reducing the height of the proposal.   The amended plans were notified to adjoining property owners for a period 14 days from 14 January 2005.  At the same time that amended plans were received the Applicant commenced a Class 1 appeal in the Land and Environment Court.

 

Amended plans were notified to adjoining property owners for a period of 14 Days from 14 January 2005.  At the end of this notification an additional 3 objection letters were received.

 

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with Councils Public Notification Development Control Plan. The following submissions were received:

 

5.1     Objections

 

In response to the notification period of 13 October 2004.

 

Ernesto and Zelma Lucus, 106 Victoria Street Malbar, Mr and Mrs Theo Theodorou, 114 Victoria Street Malabar and Ms Ulrike Kalthaus, 116 Victoria Street Malabar. (3 Separate Submissions. Letters from 106 and 116 Victoria Street are joint submissions with 114 Victoria Street.)

 

·        The proposal will impact upon views from all properties.

·        Queried if the owners have permission to remove trees previously located on the property.

·        Has raised questions on where stormwater will be discharged to.

·        Have asked why the applicant has proposed a pitched roof rather than a flat roof.

·        There is no particular streetscape in this section of Victoria Street. 

·        There are two single storey buildings in this section Victoria Street.

·        106, 114 and 116 are single dwellings on larger lots.

·        Concerned that the location of the driveway will impact upon the safety of vehicle existing the driveway of 114 Victoria Street.

·        Raised concern that the rear windows will have privacy impacts upon the properties to the rear.

·        Claims that a recent proposal refused at 114 Victoria Street would have less impact and it is ‘inequitable’ to grant consent to this application.

·        106,108,110 and 112 have already maximised the view potential and will not be able to renovate to regain any lost views.

·        No consideration has been given to the foreshore protection measures of the LEP.

·        The objectors did not approve of the extension at 113 Victoria Street, nor were they notified of it.  This extension has already blocked considerable amount of views and affected the resale value of homes.

·        The objector would like to bring these issues to a Council meeting.

·        No colour scheme has been submitted.

·        Asked for the garages to be located to the western side of the property.

·        Has asked that the owners of the property on Bay Parade and Howe Street be contacted to discuss parking and traffic problems in the area.

·        No consideration has been given to the demolition of the existing building and any possible asbestos removal.

A.S. King, 110 Victoria Street Malabar.

·        Dual Occupancies are contradictory to the ‘existing streetscape and suburban style of Victoria Street.

·        The proposal will set a precedent.

·        The proposal could be reduced in height by a split level design and flat roof to help retain views.

 

Frank Inga, 108 Victoria Street Malabar.

·        The proposal has been designed to maximise views.

·        The proposal will effect views from 108 Victoria Street.

·        Question the proposed pitched roof from and that the roof space may be used as attic rooms.

·        A flat roof would be a better option to reduce impact upon views.

·        Further consideration should be given to moving the building back from the front boundary and reducing the floor to ceiling heights

 

In response to the notification period of 14 January 2004.

 

Ulrike Kalthus, 116 Victoria Street Malabar

 

·        Objects to the amended plans will still impact upon views of Malabar Headland.

·        View loss will affect the value of the objectors’ property.

 

Mr and Mrs Theo Theodorou, 114 Victoria Street Malabar

 

·        The applicant has made no attempt to solve view loss issues.

·        The width of the proposal impacts upon view corridors.

·        The proposal is an overdevelopment.

·        Concerned that the location of the driveway will impact upon the safety of vehicle existing the driveway of 114 Victoria Street.

 

Greg Tomaszuk and Kylie Heussner 112 Victoria Street Malabar

 

·        The proposed building is too’ large and unsightly and does not fit in with the existing streetscape’.

·        Objects to any type of dual occupancy within the street.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

 

6.1     Building and Construction Issues

 

 

Under the building code of Australia, the classification of the building is: -

Dwelling House – Class 1a

 

6.2     Engineering Issues

 

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

 

Alignment Level Comments & Traffic Comments

The issued alignment levels for the subject site are to be 450mm below the top of the Council kerb level.

 

Prior to issuing development consent the DPCD Dept should request amended plans showing compliance with Council’s issued alignment levels as well as internal driveway gradients. The AIS Dept recommends internal grades of 1:8 for driveways of residences which grade down from the front boundary (this may require the proposed garage floor level to be raised by a minimum of 200mm)

 

Landscape Comments

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

 

Drainage Comments

Onsite detention of stormwater is not required for this application.’

 

6.3     External Consultant, View Analysis.

 

Council has contracted Dr Richard Lamb of Lamb and Associates Consulting to provide an assessment of the view impact of both the originally submitted plans and the amended plans.  A Visual Impact Analysis and Assessment Report from Lamb and Associates Consulting was received by Council on 17 February 2005.  

 

The report concluded that:

 

‘…………………………the amended design, is too tall adjacent to the boundaries, is excessively bulky in the streetscape elevation, is unrelieved in terms of bulk with height on both the streetscape and northern elevations and does not provide for adequate view sharing to properties on the south side of the street, either as they are at present, or in the event that they are re-developed as two-storey structures in the future.’

 

And

 

…………………………..‘the building will appropriate views that are presently enjoyed by dwellings north of the street, in particular those of Nos. 114 and 116 and that as a result there is not an adequate level of view sharing among the three. An amended design, that decreases in bulk with height relative to the streetscape elevation and which was in part single storey adjacent to the side setbacks, would provide for a reasonable sharing of views, accepting that view losses will occur for all affected properties as a result of construction of the proposal. The reduction in the overall level of view loss that is provided by the lower roof line is to be commended. However, an amended design is required that provides a better level of amenity for the street and the Foreshore Scenic Protection Area generally and also the retention of at least a significant proportion of the view available down the corridors either side of the existing dwelling.’

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)     Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

30 - Min. Lot Size

450 m2

490.5 m2

Yes

30 - Min. Street Frontage

12m

20.115

Yes

31 - Landscape Area

40% of site area

(196.2m2)

51.13%

(250.57m2)

Yes

32 - FSR

0.5:1

(245.25m2)

0.499:1

(244.76m2)

Yes

33 (2)- Building Height

 

9.5m

 

7.26m

Yes

33 (4)- External Wall Height

 

7m

 

6.48m

Yes

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes

See Below

 

Clause 29 - Foreshore Scenic Protection Area

 

The subject site is in a foreshore scenic protection area. Clause 29 states that Council may only grant consent to a building in a foreshore scenic protection area (which exceeds 5 metes in height) if it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

 

It is considered that the proposed building does not satisfy the intension of Clause 29 as the overall bulk and scale of the building is excessive in relation to its foreshore setting and its aesthetic appearance will not enhance the visual qualities of the area (See Section 8.2 below).

 

7.1     Policy Controls

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

 

The DCP for Dwelling Houses and Attached Dual Occupancies 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.

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

The proposed development has 51.13% landscaping. Complies.

S1

A minimum of 25m² of useable private open space is to be provided to each dwelling.

76.19 sqm of private open space is provided in the rear yard of each dwelling. Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The minimum dimension of the private open space area in the rear yards of each dwelling is more than 7.58 x 10 metres. Complies.

S1

Private open space in the front yard area is located behind the building line.

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

S6

20% of the total site area has a permeable treatment.

The above area is permeable and equates to of 51.13% the site area. Complies.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

Not applicable.

S3

Cut or fill does not exceed 1m.

Cut and fill does not exceed 1 metre.  Complies

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

Not applicable.  No portion of the building setback less than 1.5metres from the side boundary.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and further, the design respects the symmetry of the adjoining semi-detached dwelling.

Not applicable.

 

Performance Requirements

Assessment

P6

Buildings are designed to allow a sharing of views.

No, See Section 8.1 of this report below.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling front setback matches that of the adjoining dwellings.  Complies.

S2

No part of the building is closer than 4.5m from rear boundary.

The proposed development is 7.58 metres from the rear boundary. Complies.

S3

Side setbacks be 900mm for any part of the building at ground level.

The proposed dwelling is at least 1.542mm from the side boundaries at the ground floor. Complies with preferred solution requirements but does not comply with preferred solution requirements of Section 4.9 Foreshore Development below.

S3

Side setbacks be 1.5m at second floor level.

The proposed dwelling is at least 1.542mm from the side boundaries at the second floor. Complies with preferred solution requirements but does not comply with performance requirements of Section 4.9 Foreshore Development below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

 

 

 

 

 

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

Habitable room windows within 9m of another dwelling’s windows are offset by 45 degrees or have fixed obscure glazing below 1.5m above floor level.

The proposed dwelling does not have any habitable room windows that overlook those on adjoining dwellings. Complies.

S1

Direct view into open space of an adjoining dwelling is obscured or screened within 9m and is beyond a 45 degree angle.

The proposed development does not directly overlook the rear yard areas of the adjoining properties. Complies.

S1

Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.

No, however satisfies performance requirement as building has been designed not to overlook internal living areas and private opens spaces neighbouring residential dwellings.

S3

Buildings comply with AS 371 and AS 2107.

Conditions will be imposed with any development consent.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed dwelling has a front door that is visible from the street. Complies.

S1,3

Dwellings have at least one habitable room window overlooking the street.

The proposed dwelling has windows that overlook the street. Complies.

S2

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

May be addressed by condition. Complies.

S3

Front fences comply with section 4.8 of the DCP.

No fencing proposed.

 
Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms of more.

The proposed development will accommodate parking for two vehicles. Complies

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

The proposed car parking spaces have dimensions of at least those as required. Complies.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

The proposed driveway is 3.5 metres wide and is set back at least 1.0 metre from the side boundary. Complies.

S1

Driveways have a maximum width of 3m at the property boundary.

The proposed driveway is 3.5 metres at the front boundary. Complies.

S1

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 gradient is less than the requirement. Complies.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

S2

Garages and carports located behind the building line where parking only available from the front of the site.

The proposed garage is located behind the building line. Complies.

S2

Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment

The proposed garage occupies about 32.1% of the site width. Complies.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

No longer applicable.  BASIX certificate supplied

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The rear yard will receive at least 3 hours of sunlight. Complies.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

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

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

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

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The proposal will not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The proposal will not reduce solar access to private open space to less than 3 hours. Complies.

 

Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

The proposed additions do not fall with the Foreshore Building Line.

P2

Building form, colour, materials and finishes are sympathetic.

No see section 8.2 below.

P3

Stepped buildings on sloping sites are articulated.

The proposed site is relatively flat, does not apply.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

See Section 8.1 of this report.

 

8.       ENVIRONMENTAL ASSESSMENT

 

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

 

8.1     Views

 

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

 

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

 

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

 

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

 

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

 

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

 

Photos of the views enjoyed from properties at 106, 108, 110, 114 and 116 Victoria Street can be seen below.  These photos were taken on 9 December 2004 after height poles had been erected.

 

Above: 116 Victoria Street, Existing north east view from front bedroom window. (Standing in front of window)

Above: 116 Victoria Street, Existing north east view from front lounge window. (Standing in centre of room)

 

Above: 114 Victoria Street, Existing east view from front dinning room window. (Standing at the window)

 

Above: 114 Victoria Street, Existing east view from front living room window. (Standing at the window)

 

Above: 114 Victoria Street, Existing east view from front balcony. (Standing)

 

Above: 110 Victoria Street, Existing east view from front first floor lounge. (Standing at door)

 

Above: 110 Victoria Street, Existing east view from front first floor balcony. (Standing)

 

Above: 110 Victoria Street, Existing east view from front first floor dining area. (Standing in centre of room)

 

Above: 108 Victoria Street, Existing east view from front ground floor balcony.(Standing)

Above: 108 Victoria Street, Existing east view from front first floor lounge. (Standing at door)

 

Above: 108 Victoria Street, Existing east view from front first floor balcony. (Standing)

 

Above: 106 Victoria Street, Existing east view from front first floor balcony. (Standing)

 

 

The height poles erected on site indicate the building height and setbacks of the originally proposed plans.  Although they do not indicate the height of the amended proposal, they do give an indication of the effect of the reduced roof pitch and an accurate indication of the setbacks of the proposed dual occupancy.

 

The proposed dual occupancy will impact substantially upon the current views enjoyed from the front living areas of 116 Victoria Street and 114 Victoria Street with most views of the water and some view of the headland behind obscured by the building.  These views are enjoyed from across the side yard areas and over the existing roof line of the properties at 109 Victoria Street.

 

Further north west from the site the photos show that the amended proposal will affect views from the upper levels of 110 Victoria Street of Boora Point and of a portion of the Pacific Ocean from 108 and 106 Victoria Street.  Again these views are enjoyed from the upper level front living areas across the roofline of the 109 Victoria Street.

 

Whilst the view loss experienced from these properties will be minimal from the amended proposal, views from 114 and 116 Victoria Street will be substantially reduced, and do not satisfy the objectives and performance requirements of the DCP, which requires that:

 

Buildings are designed to allow a sharing of views’;   and that

 

‘Buildings incorporate sufficient setbacks to allow planting and a fair sharing of views’.

 

Council has contracted Dr Richard Lamb of Lamb and Associates Consulting to provide an assessment of the view impact of the both the originally submitted plans and the amended plans.  In section 3.0 of the Visual Impact Analysis and Assessment report by Dr Lamb, it is stated:

 

‘……………………that the building will appropriate views that are presently enjoyed by dwellings north of the street, in particular those of Nos. 114 and 116 and that as a result there is not an adequate level of view sharing among the three. An amended design, that decreases in bulk with height relative to the streetscape elevation and which was in part single storey adjacent to the side setbacks, would provide for a reasonable sharing of views, accepting that view losses will occur for all affected properties as a result of construction of the proposal. The reduction in the overall level of view loss that is provided by the lower roof line is to be commended. However, an amended design is required that provides a better level of amenity for the street and the Foreshore Scenic Protection Area generally and also the retention of at least a significant proportion of the view available down the corridors either side of the existing dwelling’

 

Senior Commissioner Roseth does state that ‘With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours.’

 

The reduced pitch of the roof will have a reduced impact upon the views from 106, 108, 110 and 112 Victoria Street but has little to no reduction in view impact from the properties immediately across the road at 114 and 116 Victoria Street.  The building is designed to the minimum side setback preferred solutions of the DCP and the two storey bland unarticulated façade occupies nearly the entire street frontage of the site.

Whilst it is unreasonable to expect that the property at 109 Victoria Street remain a single storey structure, the width of the site does allow for greater setbacks from the side boundaries to retain view corridors along the side of a building.  This could easily be achieved by separating the garages to the side with a two storey building to the centre. Whilst this would obscure views currently enjoyed at the side of the property, views of the water and headland would still be able to be viewed over the roof of any garage or carport structure.  This would reduce the bulk of the building when viewed from the street and allow for more articulation to the front façade. 

 

Given that the width of the site does allow for greater second storey setbacks for the proposed building to allow for view corridors, it is considered that the proposed building is not designed and does not incorporate sufficient setbacks to allow a fair sharing of views and will therefore not satisfy the objectives and performance requirements of the Dwellings and Attached Dual Occupancies Development Control Plan.

 

8.2     Building Appearance

 

The proposed building has been designed to be on or near the preferred solution requirements of the Dwelling Houses and Attached Dual Occupancies Development Control Plan.  This coupled with the unusually width of the property compared with its depth has created a rectangular shaped building with a long relatively unarticulated two storey façades to Victoria Street and the foreshore. 

 

This design also creates a building that is bulky when viewed from the streetscape.  This is magnified at the rear with a large rear balcony structure which has no elements with the exception of privacy screens to break up its bulky appearance from the foreshore.  The overall result is a building which is excessive in bulk when viewed from both the street and the foreshore.

 

It is therefore not considered that the proposed building satisfies the intension of Clause 29 Foreshore Scenic Protection Area of the Randwick Local Environmental Plan 1998 and will be out of character with the bulk and scale of existing buildings to the south eastern side of Victoria Street.

 

8.3     Issues raised in Submission not already addressed in the report.

 

The subject site satisfies the minimum permissibility requirements for an Attached Dual Occupancy in the 2A Residential Zone under the Randwick Local Environmental Plan.  With regard to this objectors objections that the proposal should be refused on the basis that it is a Dual Occupancy cannot be supported.  Issues relating to the refusal of previous Dwelling House and Dual Occupancy proposals within the area are not relevant to this application. 

 

With regard to objectors concerns of the proposed driveway entrance, Council’s Director of Asset and Infrastructure Services has raised no objections to the proposed driveway location.  If consent is to be granted issues relating to the levels of the garage could be dealt with by conditions.

 

With regard to the removal of asbestos, should consent be granted, conditions will be imposed requiring that it is done in a safe manner.

 

9.       FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10.     CONCLUSION

 

The proposed height and side setback of the proposed dwelling will not allow for a sharing of views from the properties to the west and south west.  The proposed design of the dual occupancy will have a detrimental impact on the visual qualities of the foreshore.  It is therefore considered that the proposal does not comply with the relevant assessment criteria of the Randwick Local Environmental Plan 1998 and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies as it will result in adverse impacts upon the amenity of the adjoining and neighbouring premises and the character of the locality.

 

11.     RECOMMENDATION:

 

THAT Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. D/831/2004 for permission to demolish the existing dwelling and erect a two storey attached dual occupancy at 109 Victoria Street Malabar for the following reasons:

 

1.       The proposed development is not consistent with the Aims and the Objectives of the Randwick Local Environmental Plan 1998 (“the LEP”) in particular the objectives of the Residential 2A zone, as the proposal compromises the amenity of surrounding residential development and is not compatible with the dominant character of existing development.

 

2.       The proposal is inconsistent with the purpose of Clause 29 Foreshore scenic protection area, of the Randwick Local Environmental Plan 1998 (“the LEP”) as the bulk and aesthetic appearance of the building will have a detrimental impact on the visual qualities of the foreshore area.

 

3.       The proposal does not satisfy the Objectives and Performance Requirements of Section 4.3 of the DCP for Dwelling Houses and Attached Dual Occupancies as the proposed height of the proposal does not allow a sharing of views from the properties to the west and south west.

 

4.       The proposal does not satisfy the objectives and performance requirements of Section 4.9 of the DCP for Dwelling Houses and Attached Dual Occupancies as the proposed side setbacks of the proposed dual occupancy do not allow sufficient view corridors to allow for a fair sharing of views from the properties to the west and south west.

 

5.       The proposal does not satisfy the objectives and performance requirements of Section 4.9 of the DCP for Dwelling Houses and Attached Dual Occupancies as the proposed building form is not sympathetic to the surrounding natural forms and will have and adverse impact on the aesthetic appearance of the Foreshore Protection Area.

 

ATTACHMENT/S:

 

A4 Plans.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

SHAUN HEHIR

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY  OF PLANNING

 

DATE:

10 February, 2005

FILE NO:

D0018/2004

 

PROPOSAL:

 Alterations and additions and authorise the change of use from a boarding house to backpackers accommodation

PROPERTY:

 171 Arden Street, Coogee

WARD:

 East Ward

APPLICANT:

 Barotran Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Murray Matson, Bruce Notley-Smith and Ted Seng.

 

The proposal is for a minor extension to the office at the front of the building and aesthetic improvements to the front façade, which also includes a space for a future sign.  As well, the application seeks to authorise the use of the premises as backpackers’ accommodation, which is currently operating on the site as the “The Beach House”.

 

The application required referral to the Department of Infrastructure Planning and Natural Resources (DIPNR) under the provisions of State Environmental Planning Policy No. 10 (SEPP 10) which relates to the loss of low income accommodation resulting from the change of use from a boarding house to backpacker accommodation.  DIPNR has granted concurrence to the application as it considers that if it were to be forced to continue as a boarding house it would “not have ongoing financial viability” under the provisions of SEPP 10.

 

A number of objections have been received to the operation of the premises as backpacker accommodation in response to the notification and advertising of the application, although it is noted that the premises has not had a prior history of objections with Council relating to its backpacker use prior to this time.

 

The objections predominantly relate to backpacker accommodation in general and specific complaints about the subject premises regarding noise, rubbish and anti-social behaviour in particular.

 

It appears from the Statement of Environmental Effects that the premises has been providing accommodation for up to 44 backpackers, although the application proposes to limit the number to 24 beds to comply with Councils Development Control Plan (DCP) for Backpacker Accommodation .  As such it represents a reduction in the intensity in the way the premises has been operating, albeit without consent.  As such, the application presents Council with an opportunity to seek compliance with the Backpacker DCP; ensure equitable access arrangements and facilities for people with a disability; impose conditions of consent limiting the number of temporary residents staying on the premises at any one time; put in place appropriate management strategies to minimise impacts to neighbouring residents; and improve the streetscape presentation of a presently unattractive building.

 

The recommendation is for deferred commencement approval subject to conditions.

 

2.       THE PROPOSAL

 

The proposed development involves alterations and additions to the existing boarding house to extend the office area to the west (street frontage) by 2 metres, provision of a shaded seating area along the Arden Street frontage adjacent to the main entry, as well as providing aesthetic improvements to the front façade of the building.  This would include a new parapet, additional detailing to the windows, illuminated sign at the first floor level, new front fence and entry gate and the rendering and painting of the building.

 

The proposal also involves changing the use of the premises from a boarding house to backpacker accommodation. There is no intended increase to the number of rooms within the building and the general internal layout and room configuration will remain the same.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

 

Figure 1: Site locality

 

The subject site is located on the eastern side of Arden Street between Dolphin Street and Bream Street. The site has an approximate frontage of 9.145m to Arden Street, depth of 28.955m and total site area of approximately 264.8m2.  The locality comprises of both residential developments and mixed uses being located within the northern part of the Coogee commercial precinct. The site is within walking distance from Coogee beach.

 

Existing on site is a two storey building which is currently operating as backpacker accommodation, known as “The Beach House” (refer Figure 2).  Along the southern side of the site is a right of way allowing access to the garage at the rear of the site and the multi-unit development located to the east of the site and buildings fronting Dolphin Street.  The ground floor of the building includes a reception area, 5 rooms, living area, kitchen and bathroom facilities.  The first floor consists of 9 rooms, two bathrooms and a deck at the rear.  Two sets of stairs connect the two floors.

 

 

Figure 2: Subject site from Arden Street

 

Along the northern side, the building is built to the boundary and the immediately adjoining building (No.169 Arden Street) is a three storey multi-unit development.

 

 

Figure 3: No. 169 Arden Street

adjoining the site to the north in Arden Street

 

To the south (separated by a right of way) is a three storey building (173 Arden Street, also known as No. 135 Dolphin Street) with a row of shops at the ground floor that continue and wrap around to Dolphin Street, with residential units above.  As well, there are a number of properties fronting Dolphin Street located to the south of the subject site which are also serviced by the right of way (139-155 Dolphin Street).

 

 

Figure 4: No. 173 Arden Street

adjoining the right of way to the south of the site

 

At the rear is a predominantly two to three storey multi-unit development (No. 84-86 Bream Street).

 

 

Figure 5: No. 84 Bream Street to the east

 

4.       SITE HISTORY

 

There have been numerous development and building applications for the subject site over time. The main applications are listed below:-

o   DA 1114/56 - To use the subject site as a ladies hairdressing salon. Approved on 7 August 1956.

 

o   BA 987/70 - Alterations and additions to the existing boarding house approved 3 December 1970.

 

o   DA 160/85 - Alterations and additions to the rear of the boarding house. Approval was granted on 5 August 1985.

 

o   DA 85/87 - Alterations and additions to include extra bedrooms within the existing boarding house. Approval was granted on 15 July 1987.

 

o   DA 186/88 - Alterations and additions to the boarding house. Approval was granted on 9 August 1988

 

o   DA 402/96 - Proposal for a new illuminated sign. Approval was granted on 24 October 1996.

 

o   DA 176/97 - Proposed alterations and new third storey addition to the property known as the Metro Private Hotel. The application was withdrawn on 13 July 1997.

 

o   DA 22/03 - Alterations to the façade of the existing Beach House Hotel. The application was withdrawn on 29/1/03.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the Council’s Development Control Plan for Public Notification of Development Proposals and Council Plans.

 

Submissions were received from the following:- S and H Georgallis of 8/76 Bream Street, Coogee; B Smith of 93A Bream Street, Coogee; L Christopher of 5/80 Bream Street, Coogee; Owners Corporation of Strata Plan No. 9618 (169 Arden Street, Coogee); P Olive (on behalf of Owners Corporation of 182 Arden Street, Coogee) of 17 Higgs Street, Coogee ; V Colpo and J Chandler of 184 Arden Street, Coogee; S Sing and L Sankey of 7/184 Arden Street, Coogee; K Pembroke of 9/184 Arden Street, Coogee; Owners Corporation of Strata Plan 70916 (84-86 Bream Street, Coogee) including a petition with 78 signatures; F Wong of 4/84-86 Bream Street, Coogee; M Faulkner of 9/84-86 Bream Street, Coogee; C Pachioli of 9/84-86 Bream Street, Coogee; K and L Vlasic of 11/84-86 Bream Street, Coogee;. M Gerace of 14/84-86 Bream Street, Coogee; P and M Maheshwari of 15/84-86 Bream Street, Coogee;  A and V Kelesis of 3/139 Dolphin Street, Coogee; K Venson and P Kambas of 23 Pitt Street, Randwick (owners of 143-145 Dolphin Street, Coogee); S Buck of 17 Higgs Street, Coogee; S Bournazos of 118 Beach Street, Coogee.

 

The issues raised are listed separately in Section 5.1 below and are addressed in the Environmental Assessment Section of the report (Section 9).

 

5.1     Objections

 

The following is a summary of the issues raised by the objectors.

 

·        Currently operating as a backpackers contrary to licence.

 

·        Lack of off-street car parking and trespass of vehicles onto 84-86 Bream Street property and 139 Dolphin Street.

 

·        Lack of on-site landscaping.

 

·        Amenity impacts: noise, alcohol and drug related anti-social behaviour.  Back courtyard area needs to be completely enclosed to shield residents from constant noise.

 

·        Proposal will result in escalation in anti-social behaviour, increased vandalism, damage and destruction to goods and property.

 

·        Negative economic benefit: strata fees will increase to deal with problems of vandalism, increase in insurance, extra cleaning, etc.

 

·        Visual pollution of washing hanging out windows due to lack of appropriate facilities on the site.

 

·        Garbage and waste disposal inappropriate and are not shown on the proposal.

 

·        Adversely affect the residential amenity of the area and general quality of life.

 

·        Inconsistent use in the zone which is predominantly residential in nature.

 

·        Increase in intensity of use from approval as a motel, therefore an increase in intensity of negative impacts i.e. noise, alcohol induced incidents, garbage in right of way

 

·        There is a vast difference in the way that many backpacker operators manage their properties and market them, in term of their social impact.

 

·        Adverse impact on property values

 

·        Backpackers in Coogee: group behaviour very destructive to the amenity of the suburb.

 

·        Overdevelopment: at least six backpackers in the area

 

·        Fire risk and inadequate fire safety mechanisms: misuse of fire safety equipment (e.g. fire doors are propped open by fire extinguishers, etc).

 

·        Increase in height will reduce light and air flow.

 

·        Rubbish and general untidiness, unpainted and poorly presented exterior.

 

·        Overcrowding in area creates a strain on services and facilities.

 

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 and Building

 

The application was referred to the Manager of Environmental Health and Building for comment in respect to compliance with the Building Code of Australia (BCA). The building is classified as Class 3 under the BCA. The Manager in his comments recognised that the premises has been used as a private hotel/boarding house for the past 20 years. No objection is raised in respect to the proposed development and if consent is granted a number of conditions are to be imposed.

 

6.2     Department of Infrastructure, Planning and Natural Resources (DIPNR)

 

The proposal falls within the statutory requirements of State Environmental Planning Policy No.10 (SEPP 10) – Retention of Low Cost Accommodation since the proposal involves changing the use of the premises from a boarding house to backpacker accommodation and as such removing what is considered to be low cost accommodation. The application was supported by a detailed and lengthy SEPP 10 report.

 

The application and accompanying report were referred to DIPNR for comment and concurrence. On the 2 July 2004 Council received a written response from DIPNR providing concurrence. The Department’s assessment of the application is summarised below;

 

·        It is considered that the 22 long term beds would be lost to the market place by formalising the existing (unapproved) use of the building as a backpackers hostel. The site specific loss is therefore 100% and is considered to be ‘major’.

 

·        The applicant’s survey of comparable accommodation has demonstrated that a sufficient supply of comparable accommodation exists in the locality.

 

·        The current rates charged for long term accommodation are not considered to be low cost accommodation. It is therefore considered that formalising the use of the building as a backpacker accommodation will not have a significant social and economic impact on the general community.

·        It is considered that the cumulative impact created by the loss of 22 beds in the subject building would not be significant, particularly having regard to both the long term rentals currently being charged and the use of the building for short term accommodation.

 

·        The applicant has submitted a financial viability assessment which estimated a net annual return from the property (if it was used as a boarding house) of 5%. It is considered that the income streams adopted in the estimation are the maximum that could realistically be achieved for the building. Likewise, the expenses are considered reasonable (and have been verified) and the investment value of the property used in the assessment is considered to be conservative.

 

·        Hence the financial viability analysis has shown a yield of less than 6% and under SEPP 10 the premises if it was used as a boarding house does not have ongoing financial viability.

 

          Based on these findings the Director General’s concurrence is granted without any conditions to DA 18/2004.

 

7.       MASTER PLANNING REQUIREMENTS

 

A masterplan is required to be prepared for any site exceeding 4000sqm in area in accordance with Clause 40 of Randwick Local Environmental Plan 1998.

 

The subject site area is well under this requirement, hence a masterplan is not required in this case.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

·        Environmental Planning and Assessment Act, 1979, as amended

·        Environmental Planning and Assessment Regulation 2000

·        State Environmental Planning Policy No. 10

·        Randwick Local Environmental Plan 1998

·        Building Code of Australia

·        Randwick Development Control Plan – Backpacker Accommodation

 

8.1     Randwick Local Environmental Plan 1998

 

The site is zoned 3A General Business under Randwick Local Environmental Plan 1998 (LEP) and the proposed activity is permissible with Council’s consent.  The objectives of the 3A zone are:

 

a)      To provide opportunities for local, retail and business development in the City of Randwick, and

b)      To provide opportunities for associated development such as car parking, service industries and the like, and

c)       To provide opportunities for residential accommodation in local business centres where it does not interfere with the primary business function of the zone, and

d)      To minimise the impact of development on adjoining and nearby residential zones.

 

The proposal generally complies with the purpose, intention and objectives of the zone.  The following Clauses of the LEP 1998 apply to the proposal:-

 

 

 

 

Commercial

Clause No.

Requirement

Provided

Compliance

32 - FSR

1.5:1

1.26:1

Yes

33 - Building Height

12m

9m

Yes

Other Clauses

Effect

Applies

Comment

34

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Boarding Houses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Consent of Council is required for a change of use from a boarding house.

 

 

Council is required to consider implications in regard to the loss of this particular type of housing, including the accumulated impacts, building and fire safety requirements, financial viability and alternative accommodation arrangements for displaced persons

 

 

 

 

 

 

DIPNR has assessed the continued operation as a boarding house as financially unviable and also assessed the impact of the loss of this type of accommodation (refer to Section 6.2).  The premises has been operating as backpacker accommodation for sometime in an unauthorised capacity and hence there is no need to find alternative accommodation for displaced persons.  The premises are the subject of an annual fire safety statement as a place of shared accommodation and this application does not change this status.

 

46

Vicinity of Heritage Item

Yes – opposite 82 Bream Street (also known as 182 Arden Street)  Coogee

No significant change is proposed to the external building envelope .  It is considered that the proposal represents an improvement in the external appearance of the building and therefore will enhance the streetscape in the vicinity of the heritage item.

 

 

 

8.2     State Environmental Planning Policy No. 10 (SEPP 10)

 

The aim of SEPP 10 is to provide a mechanism for the retention of low cost rental accommodation.  A ‘boarding house” is classified as a “low-rental residential building” under the provisions of SEPP 10 and as such in accordance with Clause 7(3), the concurrence of the Director General is required prior to Council giving development consent for alterations and additions or a change in use (including, in particular a change of use to backpackers accommodation).

 

Accordingly the proposal was referred to DIPNR (refer to Section 6.2 of this report) for concurrence.  In a letter from DIPNR received by Council on the 2 July, 2004, concurrence was granted without any conditions being imposed as the premises if it were to be forced to continue as a boarding house would “not have ongoing financial viability” under the provisions of SEPP 10.

 

While Council may still refuse a development application that has received concurrence, it is considered unreasonable to refuse the application based solely on the loss of low rental accommodation

 

8.3     Development Control Plan – Backpacker Accommodation

 

This Development Control Plan (DCP) for Backpacker Accommodation applies to all land zoned under the LEP as General Business 3A and Local Business 3B. 

 

The DCP is divided into four (4) parts.  Part 1 includes aims and objectives, while Parts 2 and 3 deal with specific building design, health, safety and amenity requirements pertinent for backpacker facilities.  Part 4 deals with the requirements for a management plan.  A Management Plan has not been submitted with the application and this should be the subject of a deferred commencement condition of any consent to ensure that appropriate strategies are in place to minimise impacts to neighbouring properties, to resolve complaints and to ensure responsibilities are delineated and house rules enforced.

 

The aims and objectives of the DCP for backpacker accommodation are listed as the following:-

 

a)      To provide specific guidelines for backpacker accommodation that will assist in the preparation of development proposals and in the assessment of development applications.

 

b)      To ensure that any building that has been developed or adapted as backpacker accommodation:

·        Protects or enhances the character and amenity of an area, and

·        Provides a high standard of amenity for the users of the facility.

 

c)       To provide for good relationships between backpacker accommodation and neighbouring properties.

 

d)      To ensure that the current amenity of an area is maintained and protected from detrimental impacts including privacy, overshadowing, noise, antisocial behaviour and personal safety.

 

e)       To ensure that backpacker accommodation is designed and operated in a manner which ensures the safety and well being of all potential users.

 

f)       To ensure that any building used for backpacker accommodation is designed and constructed so that reasonable access and circulation is possible for a person with a disability consistent with the Building Code of Australia and relevant standards.

 

g)      To encourage the energy efficient design and construction of backpacker accommodation.

 

h)      To ensure that Council’s waste reduction policy is enforced through the provision of cost effective waste services.

 

At issue in the subject application, as identified in the objections received (refer Section 5.1 of this report) is whether or not the amenity impacts to the surrounding area are acceptable or not and hence whether the proposal achieves the aims and objectives b), c) and d) listed above.  These matters are addressed in the Environmental Assessment section of this report (refer to Section 9), while the remaining objectives predominantly relate to functional and design requirements for backpacker accommodation such as sleeping rooms, toilets and showers, communal recreation areas, laundry and drying facilities, etc. 

 

The existing layout and design of the premises is deficient in relation to the requirements for backpacker accommodation as set out in Part 3 and  of the DCP in regards to the following:-

 

·        No storage facilities are shown as being provided within sleeping rooms.

·        There is inadequate provision in regards to the number of washbasins and toilets for staff.

·        No facilities are provided for people with a disability (including accessible toilets, bathrooms, kitchen, communal recreation area or parking).

·        No laundry facilities are provided for guests.

·        The setback of the outdoor common area from the boundaries with neighbouring properties.  This issue is addressed in the Environmental Assessment Section of this report (refer to Section 9).

·        The proposal is deficient by two parking spaces (including one accessible space for a person with a disability).

 

In relation to the above matters, the following comments are provided:-

 

·        The provision of storage facilities within sleeping rooms, such as wardrobes and cupboards, may be addressed by a condition of consent and an appropriate condition is contained within the Recommendation of this report.

 

·        Existing within the building are a total of five (5) showers/bath, three (3) toilets and three (3) wash basins.  Given the relatively small size of the establishment (proposed as 24 bed spaces) and the small number of staff required for its management, it is considered that separate toilet and washbasin for staff members is not required in the circumstances.

 

·        The proposal does not result in a change of building classification under the Building Code of Australia and no substantial internal alterations proposed.  Notwithstanding, to ensure compliance with the requirements of the DCP for Backpacker Accommodation, as well as provide equitable access to the use of the premises in line with the Federal Disability Discrimination Act (DDA), it is considered that the internal design of the premises should address the provision of access and useability of facilities for people with a disability (including kitchen, bathroom and toilet facilities but not parking facilities) in accordance with the provisions of the BCA and the relevant Australian Standards.  Accordingly a condition is contained within the Recommendation of this report.

 

·        There are a number of nearby laundromats that may be utilised by residents and as such the provision of a washing machine and dryer is not essential for a change in use of the premises.

 

·        The DCP for Backpacker Accommodation requires a minimum of 1 space per 10 beds plus 1 space per 2 staff.  The development is proposing a reduction in the number of beds from the existing 44 to 24 beds being catered for in the same amount of existing rooms (14) which would therefore require 2.3 car parking spaces and is proposing 4 staff members, hence 4 car parking spaces are required to be provided in accordance with the DCP.

 

Council’s Section 94 Contributions Plan enables Council to levy developments in the Coogee commercial centre that provide a shortfall in off street car parking (refer to Section 8.3 of this report) and an appropriate condition of consent is contained within the Recommendation of this report.

 

The proposal does not comply with Council’s DCP for parking and is deficient in the number of off street car parking spaces by 2 spaces. The applicant has argued that the proposal is reducing the number of people who will reside in the building (the number of beds being reduced from 44 to 24) which in turn will reduce the intensity of the use in the premises and it is less likely for backpackers to generate a need for off street car parking.

 

Secondly there is no ability to provide additional off street car parking at the site due to the site constraints (narrow width and area of the site). 

 

There is also a bus stop almost outside the site (a few metres to the south along Arden Street) and the site is within close proximity to Coogee Beach where there are numerous buses to and from major areas within Sydney (Airport, CBD, Bondi, Maroubra and the like).

 

The justifications provided by the applicant are considered to be reasonable and acceptable due to the proposed use of the site not being likely to generate a great demand for off street car parking and due to the central and convenient location of the site to public services. The existing site is also constrained in respect to its size and area.

 

A condition of consent as contained within the Recommendation to this report will require the garage spaces to be used solely by staff and will be appropriately sign posted to allow for this.  As such, there is no requirement to provide a dedicated car parking space for a person with a disability.

 

8.4     Section 94 Contributions Plan

 

The subject site is located within the Coogee Commercial Centre as identified in the Randwick Council’s Section 94 Contributions Plan.  As such, the proposed works attract a levy for townscape improvements of $89.90 and for parking of $15,804.00, as well as an administration charge of $425.00.  An appropriate condition of consent is contained within the Recommendation of this report that includes these amounts.

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

The application seeks approval for two matters, a change in use from a boarding house to backpackers’ accommodation and alterations and additions to the front of the building comprising a small increase in floor space (approximately 3.1m2) to enlarge the existing office area, as well as building façade changes. 

 

9.1     Streetscape

 

With regard to the latter, the existing unadorned, unpainted, cement rendered façade presents a quite ‘brutal’ building appearance, which is unsympathetic to the surrounding building forms.  It is considered that the alterations and additions proposed will provide an improved appearance of the building and thus will be beneficial to the streetscape and aesthetic character of the area, without having any detrimental impacts to adjacent buildings, due to the fact that the only alterations are being undertaken at the front of the building, with only a relatively minor decorative increase in the parapet height at its centre (approximately 1m).  A space is delineated for a future illuminated sign, wording and details are not provided.  This space which is proposed on the southern side of the building façade, counter balances the window element on the northern side of the façade and is considered acceptable, subject to the sign not being illuminated so as not to detract from the amenity of dwellings on the western side of Arden Street and not to dominate the streetscape appearance of the building.  An appropriate condition of consent is contained within the Recommendation of this report.

 

9.2     Amenity Impacts

 

The proposal for a change in use to backpacker accommodation has prompted objections both of a general nature opposed to any backpacker accommodation in the Coogee area and those specific to the subject site.

 

In regards to the former, the zoning is a business zoning, notwithstanding that there are residential buildings nearby.  The zoning does allow for the provision of backpacker accommodation as a permissible use, subject to compliance with the zone objectives (refer Section 8.1 of the report).  As such, an objection to backpacker accommodation per se on the grounds that by its nature it detracts from the character of the Coogee area would require an amendment to the LEP to prohibit the use and is therefore not a valid ground for an objection to the subject application.

 

Specific objections to the subject application predominantly relate to amenity impacts to adjoining properties and to others located in the immediately surrounding locality.  In particular, the main amenity impacts appear to be attributed to noise, anti-social behaviour such as arising from alcohol abuse and drug related matters.

 

The differences in the change of use from the approved use as a boarding house to that as backpacker accommodation are the length of stay that is provided on the premises and the nature of its use by tourists.  A boarding house defined in the LEP as providing “permanent accommodation facilities” while backpacker accommodation is for “temporary accommodation for tourists whose principal place of residence is elsewhere”.  

 

Both a boarding house and backpackers’ accommodation share the same classification as “a place of shared accommodation” under the Building Code of Australia and accordingly there is no change of building classification involved.  The premises has a history of being licensed with Council under the Local Government Act as “a place of shared accommodation”, up to the current time and is also required to lodge annual fire safety statements.  The proposed change of use does not affect this requirement for either a licence or the provision of annual fire safety statements.

 

The perception that the general nature of backpackers (usually young people) being an unruly and more disruptive than boarding house residents is easy to understand, however difficult to quantify.  The amount of people residing at the premises will be reduced, hence this could improve the existing situation, however the overall management of the premises is critical to enable the smooth operation of the premises.  The development of strict house rules and restriction in the use of the deck will to some degree reduce the potential for anti-social behaviour since it should establish ground rules in the operation of the premises.

 

It is understood from the Statement of Environmental Effects and the objections received in response to the notification of the application, that the premises has been providing backpacker accommodation for some time in an unauthorised capacity and hence this application to formalise its operation.  This presents Council with the opportunity to ensure that appropriate conditions of consent are imposed to restrict the number of people resident in the premises at any one time which in turn will decrease the intensity of use of the premises from that currently existing and also serve to minimise impacts to the surrounding neighbourhood, to provide equitable access arrangements and facilities for people with a disability and to ensure that appropriate management strategies and arrangements are put in place to minimise impacts to neighbouring properties.

 

With respect to the noise issue, several objections have been raised in respect to the utilisation of the first floor rear deck as the communal recreation area and the noise that emanates from entertainment that occurs in this area.  It is accepted that backpackers are a transient population that are on holidays and have the luxury of travelling around and not necessarily adhering to standard and normal working hours and as such, can in groups, cause noise from entertainment without necessarily respecting the peace and amenity of adjacent residential development.  The deck is quite large in size and a condition of consent will require privacy screens to be installed to a height of 1.8m along both the northern and southern sides of the deck and to restrict the hours that this outdoor area is to be utilised i.e. that it is not to be used after 10pm at night and before 7pm in the morning. 

 

Much of the noise and associated problems related to boarding houses, motels or backpackers accommodation comes down to the management and operation of the premises as quite clearly and concisely was expressed in one of the objections that was received.  Professional and effective management sets down ground rules and considers the use of internal and external areas and maintains the cleanliness and respectability of the place.  By restricting and limiting the use of outdoor areas, this should in turn reduce the potential for adverse amenity impacts.

 

The site is located within walking distance to popular bars, clubs and restaurants, such as the Coogee Bay Hotel and Beach Palace Hotel which cater for outdoor dining, consumption of alcohol and entertaining.   General noise and behavioural complaints in the area should therefore be separated from those which are site specific.

 

The consent should be deferred subject to the provision of a detailed Plan of Management of the premises which will include measures that shall be taken by staff to minimise noise and entertainment on site, including restricting the use of the deck after 11pm and ensuring that a sign be located on the access door to the deck specifying its hours of use and the door being locked or restricted access occurring after 10pm and before 7.00am.

 

An objector has requested that the deck be enclosed to reduce the transmission of noise. This mechanism may potentially alleviate some of the noise, however it is important for any residential property (whether designed for permanent residents or for short term accommodation) to have access to some open area and the first floor deck is the only real area available for this purpose.

 

The issue of increased vandalism, damage and the destruction of public or private property are addressed in detail in the point above relating to the potential escalation of anti-social behaviour by way of different clientele of backpacker accommodation as opposed to boarding houses. This goes hand in hand with the attitudes of patrons and the management of the premises and is properly addressed by a management plan, house rules and effective management.

 

A point has been raised in the objections about a ‘negative economic benefit’ that surrounding residents have to bear in relation to increased strata fees to deal with problems of increased insurance arising from vandalism, increased cleaning of common areas or rectifying acts of vandalism.  In this regard a nexus has not been made neither with the operation of the premises as backpackers’ accommodation, nor with a decrease in property values.  Council has no recent records of complaint in regards to the premises, and has only four complaints in regard to this property on record being dumped rubbish in March 2003 and December 2001 and building safety complaints in July 2000 and August 1998.  The local police have been unable to provide to Council a complaint history associated with the premises.

 

Issues raised in regard to laundry hanging out of windows or on the rear deck being visually unattractive may be addressed by the provision of privacy screens along the southern and northern side of the deck to reduce visual impact of the drying of clothes out on the deck.  Any management plan should include in the house rules that clothes are not to be hung out of windows to dry.  Similarly the issue of waste disposal should be incorporated into the management plan and appropriate measures put into place. 

 

It is important to consider that the proposal is aiming to improve the visual appearance of the building especially from Arden Street and in this respect it will be a positive benefit to the community.  As well, a management plan providing for strictly enforced house rules and appropriate conditions of consent should also benefit the community.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact to Council in relation to this matter.

 

11.     CONCLUSION

 

Council records indicate that the premises has an existing approval as a place of shared accommodation and as a boarding house, although it appears to have been operating informally providing backpacker accommodation for sometime.  The application seeks to formalise an approval for backpackers’ accommodation as well as improve the appearance of the front of the building.  It is considered that the application before Council represents an opportunity to impose conditions of consent to limit the number of temporary residents staying at the premises at any one time and to put in place appropriate management strategies to minimise impacts to neighbouring residents and so that these conditions can be enforced by Council under its regulatory role.   

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80 (3) of the Environmental Planning and Assessment Act, 1979 (as amended) to Development Application No 18/04/GN for alterations and additions and authorise the change of use from a boarding house to backpackers accommodation at 171 Arden Street, Coogee, subject to the following deferred commencement conditions:-

 

DEFERRED COMMENCEMENT CONDITIONS

 

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

 

1.       The colours, materials and finishes of the external surfaces of the front building façade 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 finishes, i.e. a schedule or a sample board keyed to the front (western) elevation, and details of sign wording and colours are to be submitted for approval by Council’s Director of Planning and Community Development.

 

2.       A Management Plan for the operation of the backpackers’ establishment shall be prepared in accordance with the requirements of Development Control Plan for Backpacker Accommodation and shall be submitted for approval.  The Management Plan shall have particular regard, but shall not be limited to, the following requirements and issues:-

 

·        Limiting the use of the rear first floor deck so that it is not used between the hours of 10pm and 7.00am and ensuring that this restriction on its use is enforced by locking the door.

·        Ensuring that laundry is not hung out to dry from any window on the premises or at the front of the building.

·        Establishing house rules.

·        Specifying appropriate resident behaviour on the premises, including while entering and leaving the premises and using the outdoor areas.

·        The holding of parties.

·        The consumption of alcohol on the premises.

·        The playing of music, including stereos and the like and live music.

·        The parking of vehicles.

·        The provision of a communication channel for adjoining residents and other properties to express concerns about guest behaviour and the registering of complaints.

·        Dealing with complaints.

·        The disposal of waste.

 

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

 

DEVELOPMENT CONSENT CONDITIONS

 

B.      Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director Planning and Community Development, development consent be granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA 18/04/GN for change of use from a boarding house to backpacker accommodation and alterations and additions at 171 Arden Street, Coogee subject to the following conditions:-

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered 2, 3, 4, 5 and 7, dated January 2003, prepared by Gutnik Design Group and plans numbered DACC 101 and DACC 103 prepared by Stanic Harding Architects, all received by Council on 15 January, 2003, the application form and on any supporting information received with the application, except as may be amended by the details approved with the deferred commencement conditions and by the following conditions and as may be shown in red on the attached plans.

 

ENVIRONMENTAL AMENTITY:

 

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

 

2.       Secure (lockable) storage facilities, such as wardrobes and cupboards, shall be provided within sleeping rooms for the benefit of occupants. 

 

3.       The only sign allowed on the building facade is restricted to the designated space shown on the approved plans and the sign colours are to be compatible with those used on the building facade.  The wording shall only relate to the approved use of the site and premises, with no third party content.  The sign and or building façade in the area of the sign shall not be illuminated in any manner in order to maintain the amenity of the street and nearby residential dwellings.

 

4.       Privacy screens shall be installed to a height of 1.8m along both the northern and southern sides of the rear first floor deck to minimise the visual impact to adjacent and nearby properties and the privacy screens shall be detailed on plans for approval with the construction certificate.

 

5.       The use of the rear first floor deck shall be restricted such that it shall not be used by residents after 10pm at night and before 7pm in the morning in order to minimise the impact of noise to adjacent properties and a sign shall be located on the access door specifying the hours of use of the deck.

 

6.       The premises shall be run strictly in accordance with the Council approved management plan.

 

7.       The total number of residents staying within the premises at any one time shall be limited to a maximum of 24 people with the number of beds and occupants of each room (the rooms as numbered on plans prepared by Stanic Harding Architects DACC 101 and 103) limited to a maximum at any one time as follows:-

 

·        Room 1     3 single beds and 3 people

·        Room 2     1 single bed and 1 person

·        Room 3     1 single bed and 1 person

·        Room 4     2 single beds and 2 persons

·        Room 5     2 single beds and 2 persons

·        Room 6     1 single bed and 1 person

·        Room 7     3 single beds and 3 persons

·        Room 8     2 single beds and 2 persons

·        Room 9     2 single beds and 2 persons

·        Room 10   2 single beds and 2 persons

·        Room 11   1 single bed and 1 person

·        Room 12   1 single bed and 1 person

·        Room 13   1 single bed and 1 person

·        Room 14   2 single beds and 2 persons

 

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

 

9.       Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

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 townscape improvements                                  $      89.90

b)      for car parking                                                       $15,804.00

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.

 

NOISE EMISSION CONDITIONS:

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

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

 

          In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

FIRE SAFETY CONDITIONS

 

14.     Buildings in which there is a change of building use must comply with the category 1 fire safety provisions applicable to the proposed new use, in accordance with clause 93 of the Environmental Planning and Assessment Regulation 2000, unless an exemption is in force under clause 187 or 188 of the Regulation.  Details of compliance are to be provided to the principal certifying authority and the Council, prior to issuing an occupation certificate.

15.     The existing levels of fire safety within the premises are to be upgraded to achieve an adequate level of fire safety in accordance with the provisions of clause 94 of the Environmental Planning and Assessment Regulation 2000 and a report prepared by a suitably qualified person or accredited certifier is to be submitted to and approved by Council’s Manager of Environmental Health and Building Services, prior to the issuing of a construction certificate, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979.

 

          The fire safety report must detail the measures considered appropriate to satisfy the relevant performance requirements of the Building Code of Australia, to protect persons using the building, and to facilitate their egress from the building in the event of fire and to restrict the spread of fire.

 

          The fire safety upgrading works are to be included in the construction certificate and be implemented prior to occupation of the new building or part.

 

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

 

16.     Details shall be submitted with the construction certificate demonstrating the provision of access and facilities to and within the premises for people with a disability in accordance with the following:-

 

·        The Building Code of Australia – Access and Egress (Part D and F)

·        Australian Standard (AS) 1428.1 – Design for Access and Mobility

 

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

 

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

 

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

 

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

 

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:

 

19.     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.

 

20.     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.

 

          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.

 

21.     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.

 

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

 

          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 compliance with Council’s approval is to be maintained by the Principal Certifying Authority.

 

          Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s consent:

 

·        Sediment control measures.

·        Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

·        Maintenance of the public place free from unauthorised materials, sand, soil, debris, waste containers or other obstructions.

 

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

 

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

 

25.     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.

 

26.     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.

 

27.     Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval.

 

28.     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.

 

29.     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.

 

30.     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.

 

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

 

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

 

32.     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.

 

33.     If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

          If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

          The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

          The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

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

 

34.     Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

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

 

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

 

          The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

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

 

35.     The main entry doors are to be altered to swing in the direction of egress and details being provided with 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)       Part D2.20                    -         Swinging doors

b)      Clause C3.2&C3.4       -         Protection of openings in external walls

 

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

 

ATTACHMENT/S:

 

A4 plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID PIRIE

DIRECTOR, CITY PLANNING

SENIOR ENVIRONMENTAL PLANNER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

16 February, 2005

FILE NO:

D/0160/1997

 

PROPOSAL:

 Section 96(2) application to extend the existing outdoor seating area and increase the outdoor seating capacity to ten (10) tables and thirty (30) chairs.

PROPERTY:

 51-53 Endeavour Avenue, La Perouse

WARD:

 South Ward

APPLICANT:

 Paris Seafood

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Committee as the original application was determined by the Health, Building and Planning Committee.

 

The original application was for an outdoor dining area at the front of an existing seafood café. The application was approved subject to a condition requiring the seating area to be restricted to a maximum width of 2.4m and length of 5.5m and the maximum of 10 seats. This condition was imposed to address the existence of a light pole and the safety of the patrons.     

 

The subject application is for an extension of the existing outdoor seating area to accommodate 10 tables and 30 chairs.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

The proposed modification seeks consent to increase the outdoor seating area from 2.4m to 3.2m in width and from 5.5m to 11.2m in length and to increase the number of outdoor seating to 10 tables and 30 chairs.   

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The seafood café is located on the eastern side of Endeavour Avenue adjacent to a Seafood Restaurant on the corner of Anzac Parade. Apartments are located above the café.

 

The café currently has paving extending from the shop front to the kerb. The pedestrian footway is located adjacent to the shop front and is flat, however, the paving extending from that footway to the kerb has a fall towards the kerb. This fall is steeper to the south of the telegraph pole and flattens out as one move towards the northern boundary of the shop.

 

The surrounding area comprises a mixture of commercial to the south and residential to the north and east. Across Endeavour Avenue to the west is a recreation reserve. Views to the south and west of La Perouse Reserve and Frenchmans Bay are attainable from the site. 

 

4.       SITE HISTORY

 

05/05/92 – Approval granted for the construction of a mixed residential and commercial development. DA No. 113/1992.

 

04/11/94 – Approval granted to construct 2 shops and residences above. DA No. 428/94.

 

01/10/96 – Approval granted for a change of use to a café and takeaway shop. DA No. 387/96.

 

05/08/97 – Approval granted for the erection of a footway restaurant and associated awnings. DA No. 160/1997.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan for Public Notification of Development Proposal and Council Plans. As a result, the following submission was received:

 

5.1     Support

 

Council has received a letter from the La Perouse Precinct Committee in support of the subject application and the following comments are provided:

 

The Committee supports open air dining and considers a level surface for the tables is desirable. It considers the nature strip should be levelled with concrete and suitable railing installed. The Committee recommends to Council the preparation of an LEP so that outside dining facilities can be carried out by all the food outlets in the group according to a planned development of consistent and attractive appearance. The LEP should stipulate the portion of the nature strip to be left as public footpath. Additionally the lower end of the adjoining laneway should immediately be landscaped as this currently has a profound detrimental effect on the locality. Council may want to approach the owner of the above premises to pay for the improvements.

 

Comments:

 

The issues raised by the La Perouse Precinct Committee are addressed in Section 7 and 9 of this report.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Director of Asset and Infrastructure Services

 

The Director of Asset and Infrastructure Services raises no objection to the proposed modification and conditions have been provided for inclusion with any consent granted.

 

6.2     Manager of Environmental Health and Building Services

 

The Manager of Environmental Health and Building Services raises no objection to the proposed modification and conditions have been provided for inclusion with any consent granted.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)     Randwick Local Environmental Plan 1998

 

The existing seafood cafe is located on land zoned Local Business 3B under Randwick Local Environmental Plan 1998 and the area on which the additional seating is proposed is unzoned Council property. It will be necessary for the additional area to be leased from Council.

 

7.1     Policy Controls

a.       Development Control Plan – Footpath Dining and Trading

 

2.1     Location and Layout of Footpath Trading Activities

 

Performance Criteria & Controls

Compliance

Clear zone minimum width 2.0m

The clearance width will be approximately 1.7m. A condition is included which requires the width of the seating area be reduced to 2.9m.  

Kerb setback 0.6m

It is noted that the dimension of setback from the kerb was not shown on the plans accompanied with the application. A condition is included in the recommendation of this report to ensure a minimum of 0.6m setback is being provided from the kerb. However, in order to maintain the clearance width of 2.5m, the width of the seating area will be reduced to 2.9m.

Where no footpath trading occurs in a locality, a proposed footpath trading activity is to be provided adjacent to the kerb.

The proposal is for the extension of an existing footpath trading area. Complies.

Locating footpath trading adjacent to the building line is not favoured as it is unsuitable for people with vision impairment. A footpath trading activity proposed to be located adjacent to the building line, must demonstrate consistency with existing footpath trading activities, exceptional circumstances and/or a public benefit.

The proposed seating area will not be located adjacent to the building line. Complies.

For trading areas longer than 10m, provide a 1.5m break in the centre of the trading area (excluding doorways and other essential openings).

The proposed seating area has a length of 11.2m and approximately 1m break in between the tables and chairs. The proposal fails to comply with this requirement. However, it is considered that the non-compliance is acceptable given the unusual layout of the tables and chairs and the provision of 1m break in between the tables would provide sufficient space to serve the patrons.

Where trading activities adjoin, provide a minimum break of 1.0m between each activity.

There is no other footpath dining area adjoining to the subject site. Complies.

Provide a minimum break of 1.0m from public utilities including fire hydrants, rubbish bins, seats, telephones, bicycle stands, bus shelters, taxi ranks and parking meters.

No public utilities are located within or adjacent to the subject site. Complies.

Provide a minimum break of 0.5m from all other street furniture including bollards, tree pits, street lights and traffic and electricity poles.

It is noted that there is an existing light pole on the southern section of the proposed trading area. A condition will be imposed in the recommendation of this report requiring a minimum break of 0.5m to be provided from the light pole.

A-frames and goods display stands require footpath widths of a minimum of 3.0m.

No A-frames and goods display are proposed. Complies.

Only that part of the footpath or public place directly in front of a restaurant/cafe may be used for footpath trading. The area may not extend to the area in front of neighbouring properties.

The proposed seating area is directly in front of the existing café. Complies.

Seating may not be located next to the building line and the kerb side at the same time.

As noted above, the proposed footpath seating area will be located 600mm from the kerb and 2.5m from the building line. Complies.

3. Use existing public furniture or utilities to help define a footpath trading area subject to the above applicable criteria.

Not applicable.

4. Locate all furniture and fittings within the approved licensed footpath trading area.

To be conditioned.

5. (a) Comply with a footpath gradient (cross fall) range of 1:100 to1:40 (maximum), or

The footpath gradient will be within the range of 1:100 to 1:40. Complies.

6. Locate the footpath trading area consistent with adjacent footpath trading activities, existing public utilities, landscaped areas and open spaces to provide consistent pedestrian access subject to the minimum setbacks above.

The proposal will be consistent with the existing trading area. Complies.

 

 

 

 

 

 

 

 

 

 

2.3       Operating Hours

 

Performance Criteria and Controls

Compliance

Outdoor dining areas in Business zones:

(i) General Business zones: up to 10:00pm. Mondays to Saturdays and to 10:00 p.m. Sundays

(ii) Local Business zones up to 10:00 p.m. Mondays to Saturdays and up to 9:30 p.m. Sundays

The proposed modification will not alter the hours of operation of the existing trading area. The approved hours of operation are from 10:00am to 8:00pm. Seven days a week.

 

2.4     Amenity

 

 

Performance Criteria and Controls

Compliance

1. Demonstrate that the proposal will not have unreasonable impacts on the amenity of adjacent residences.

The proposed modification is considered to be minor and should not result in any significant additional adverse impact on the amenity of the adjoining residents as it only involves the extension of an existing outdoor seating area. Complies.

b.       Development Control Plan – Parking

The proposed modification has been assessed in accordance with Council’s DCP - Parking. As there is to be no increase in the floor area of the shop, additional parking is not required.

 

8.       SECTION 96 AMENDMENT

 

8.1     Substantially the same

 

The proposed modification represents an increase from the previous approved seating capacity (i.e. from 10 chairs to 30 chairs), however, it is not considered that the proposal will result in any significant additional impacts upon the amenity of the neighbouring residents and the streetscape. The proposed development will be in ‘essence’ the same as that was originally approved.

 

8.2     Consideration of submissions

 

As noted above, a letter of support from La Perouse Precinct Committee was received in relation to the subject application.

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Randwick Local Environmental Plan 1998

 

The subject site will remain as unzoned land and will be adjacent to the café which is zoned Local Business 3B. Clause 39 states:

 

“A person may, with the consent of the Council, carry out development on land shown unzoned on the map for the purpose of anything which is permissible on land adjoining that land.”

 

The proposed modification is for an extension of the existing outdoor seating area to be used in conjunction with the existing café which is permissible with Council’s consent.

 

9.2     Safety of Pedestrians

 

The proposed modification does not hinder the safety of the pedestrians as it provides a 2.5m wide footway which is level and is located adjacent to the shop front. Presently, this footway exists and it continues in a southerly and northerly direction away from the subject café. It is currently covered by the existing awning. The seating is proposed adjacent to this footway, thus the proposal will not hinder the use of the footway.

 

9.3     Amenity Impact

 

The existing seafood café including the footpath seating area has been operating for some years without any specific complaints in respect to the operation of the footpath seating area and that the proposal is only seeking to enlarge the existing footpath seating area to accommodate the needs of the public. The additional seating area will be managed and operated in the same way as the existing premises. It is therefore considered that the proposed modification should not result in any unreasonable impacts on the amenity of adjacent residents provided that appropriate conditions are imposed. 

 

10.     CONCLUSION

 

The proposed modification complies with relevant sections of the Randwick LEP and DCP for Footpath Dining and Trading and will not result in any significant additional adverse impact on the adjoining uses and/or the surrounding amenity. 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. It is therefore considered that the modifications to the original Development Consent are reasonable.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 160/1997 for permission to establish a footway dining area used in conjunction with the existing café at 51-53 Endeavour Avenue, La Perouse, in the following manner:

 

·           Amend Condition No. 1 to read:

 

1.       The development shall be implemented substantially in accordance with the details set out on the plans dated 30 April, 1997 and 5 May, 1997 (Revision 1), drawn by Nick Psyhogios, and on the application forms and on any supporting information received with the applications, except as amended by the Section 96 plan numbered A, dated January 2005 and received by Council on 18 January 2005 and a revised plan numbered B, undated and received by Council on 18 January 2005, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application and except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

·           Amend Condition No. 2 to read:

 

2.       The total footpath dining area shall measure a maximum of 2.9m in width and 11.2m in length. 

 

·           Amend Condition No. 3 to read:

 

3.       Prior to operation of the proposed footpath restaurant the applicant shall enter into a formal license agreement with Council covering the terms and conditions of the footpath restaurant. The applicant is advised to contact Council’s Property Compliance Officer, (9399-0936), regarding Council’s requirements for the formal license agreement.

 

·           Amend Condition No. 4 to read:

 

4.       The hours of operation of the footway dining area are restricted to:-

 

Monday – Sunday:          10:00am to 8:00pm                 

 

All food services to customers shall only be provided within the abovementioned hours of operation and all patrons must vacate the area and all outdoor furniture is to be removed within 30 minutes of the specified hours.

 

·           Amend Condition No. 7 to read:

 

7.       The style and colour of the furniture to be used in the footpath restaurant area shall be in accordance with the Development Control Plan “Footpath Dining & Trading”. No advertising or other structures shall be installed without the prior written consent of Council. Design details of the proposed furniture shall be submitted to Council for approval, and approved, prior to the execution of a formal license agreement between Council and the applicant.

 

          Note:         All street furniture is to be removed from the licensed area outside approved trading hours.

 

·           Amend Condition No. 8 to read:

 

8.       The applicant shall meet all other requirements of Council’s Development Control Plan “Footpath Dining & Trading”.

 

·           Amend Condition No. 9 to read:

 

9.       The applicant shall ensure that the footpath restaurant area is maintained in a clean and tidy condition at all times. It is noted that this includes high pressure water blasting to clean the footpath restaurant area at least once every 6 months or as directed by Council’s officers.

 

·           Add the following conditions:

 

17.     The proposed footpath seating area is to provide a minimum break of 0.5m from the existing light pole.

 

18.     Prior to entering into a formal license agreement with Council, the proposed seating area shall be amended to show a minimum 0.6m setback from the kerb.

 

19.     The Licensee must keep in full force and effect for the term of the license agreement established, a policy of public risk insurance with respect to the licensed area and the business undertaken by the Licensee therein. The limit of public risk shall be not less than $10,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount which may be paid arising out of any one single accident or event.

 

NOTES:

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

b.       The policy must name the Council as the owner and the Licensee as the insured and must contain a clause that the insurer will not cancel or change the insurance without first giving the Council ten (10) days prior written notice.

c.       The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be delivered by the Licensee to the Council.

 

20.     The Licensee shall indemnify Council for the full duration of the license agreement from and against all claims, demands, writs, etc. as set out in the formal license agreement.

 

21.     Furniture, fittings, and other articles shall be covered in suitable rubber stoppers or similar devices to prevent damage to the footpath pavement.

 

22.     Furniture, fittings, and other articles shall be removed in windy conditions and otherwise removed outside of the approved hours of operation.

 

23.     Furniture, fittings and other articles (operators’ own) and screens shall be removed from the road reserve and stored inside the associated business premises outside of the approved hours of operation.

 

24.     Heating devices must turn off automatically if overturned to prevent injury to patrons and property.

 

25.     Heating devices must be removed from public land and appropriately stored when not in use.

 

26.     Direct access to gas mains and the use of extension cords for heating devices is not permitted.

 

27.     Food premises shall not permit live animals in areas in which food is handled except an assistance animal, which is permitted only in dining and drinking areas and other areas used by customers.

 

28.     All furniture and fittings shall be kept clean and, in safe and working order.

 

29.     License holders must display a current licence card clearly and legibly on the related shop front window at all times.

 

30.     Failure to display a current licence is a breach of the licence terms and conditions and may result in the revocation of the licence by Council.

 

31.     A transfer of business ownership requires a new business owner to apply for a transfer of ownership of a footpath trading licence into their name.

 

32.     The applicant must bear the cost of repairing any damage to the road reserve that result from the approval.

 

33.     Bill posters are not permitted anywhere within the road reserve.

 

34.     No food shall be displayed within a footpath trading area.

 

35.     No sharp, protruding objects (e.g. uncovered hardware items) shall be displayed within a footpath trading area.

 

36.     All goods shall be securely anchored or supported so as to ensure a safe environment for the public.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

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

 

          In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

39.     Amplified music, entertainment, or any other ancillary activity is not permitted within the footway dining area, except with prior development consent.

 

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:

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

41.     Preparation, display and/or storage of food are not permitted within the footway dining area.

 

42.     The footway dining area is to be limited to thirty (30) persons.

 

43.     The footway dining area is to be maintained free of grease, food items and associated litter at all times.

 

ATTACHMENT/S:

 

A4 Configuration Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

18 February, 2005

FILE NO:

D/1195/2003A4

 

PROPOSAL:

 Development of a multi purpose facility for Brigidine College including new classrooms, hall  and gymnasium, new carpark for 168 vehicles, 3 new premises for potential retail/ commercial/ community uses and ancillary works (Heritage Item).

PROPERTY:

 7-37 Coogee Bay Road, Randwick

WARD:

 East Ward

APPLICANT:

 Charles Glanville Architects Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Council as the proposed development is valued at $7.4million. 

 

The subject site forms part of the Brigidine College campus and currently comprises a set of outdoor basketball courts.  The site fronts St Paul’s Street and is located immediately east of the Ritz Cinema.  The cinema currently forms the easternmost extent of The Spot commercial and retail precinct on the northern side of St Paul’s Street.   The site’s street frontage is currently occupied by advertising hoardings that are to be removed as part of the proposed development.

 

The proposed development includes the removal of the existing basketball courts and the construction of a new multi-purpose hall and car park building fronting St Paul’s Street.  The proposed building includes a hall/gymnasium, teaching facilities, three ground level retail/commercial suites and four levels of car parking for 168 vehicles.

 

The construction of driveway access to the new building will require the removal of four on-street parking spaces previously provided to the Council using Section 94 contributions.  This is considered to be acceptable given the amount of publicly accessible car parking to be provided within the new assembly hall facility.

 

A master plan for the site was approved by the Council at its Ordinary Council Meeting on 24 February 2004, subject to variations.  These included, among other requirements, that

 

·        The proposed building be set back from the alignment of the existing footpath by at least 1 metre to provide safe pedestrian access along St Paul’s Street, with the widened section of footpath dedicated to the Council, and

 

·        The incorporation of additional articulation to provide visual interest and relief within the proposed eastern elevation.

 

Subsequent design issues have been raised by the Council’s Department of Asset and Infrastructure Services (DAIS) in relation to the submitted development application drawings concerning the capacity of the proposed stormwater detention and the width of the proposed car park entry/exit. The application drawings incorporate minor amendments to the proposed building footprint and layout indicated in the approved master plan.  This is to take into account the Council’s stormwater management and driveway access requirements.  Additional design modifications are recommended by the  DAIS, including:

 

·        Increasing the street setback of the proposed first floor so as not to overhang the future footpath space

 

·        Amendments to the car park layout to ensure compliance with the relevant Australian Standard, and

 

·        Amendments to the proposed waste facilities.

 

Appropriate conditions of deferred commencement are attached to the recommendation to this report.

 

Council’s previous resolution also provided for the preparation of a draft local environmental plan to amend Randwick LEP 1998 to allow the use of the proposed ground level suites fronting St Paul's Street, subject to an economic analysis being submitted by the proponent.  The applicant has not yet submitted an economic analysis, and as such, a draft LEP is yet to be prepared.  The proposed ground floor retail and commercial uses are therefore not permissible in the current 5 Special Uses zone. 

 

A limited range of commercial uses, including child care centre, health consulting rooms, and community facilities, are permissible but are generally not compatible with the proposed suite sizes and configuration.  A condition of consent is attached to the recommendation to this report requiring the removal of references to “retail” and “commercial” uses from the application drawings and that the space be designated as a community facility in accordance with one of the options in the Masterplan.  Future use and occupation of the suites will be subject to separate development applications. 

 

Future operation of the car park will be subject to a management plan to be prepared by the applicant for the Council’s approval.  A condition of consent to this effect is attached to the recommendation to this report.

 

The recommendation is for approval subject to conditions, including three conditions of deferred commencement relating to the proposed first floor street setback, car park layout and waste facility design.

 

2.       THE PROPOSAL

 

The proposed development entails the construction of a three-storey multi-purpose building within the Brigidine College site and fronting St Paul’s Street.  The proposed development comprises:

·        A gymnasium/multi-use hall;

 

·        Classrooms and administration facilities;

 

·        Three ground level retail/commercial suites comprising a combined gross floor area of 240m² and fronting St Paul’s Street;

 

·        On-site parking for 168 vehicles, including two basement car park levels and two above-ground car park levels.  The proposed on-site parking is for the shared use by staff and the public.  65 spaces will be reserved for the use of school staff during school hours and for public use at other times.  The remaining 103 spaces will be allocated for use by the public and staff and customers of the proposed retail suites.  14 of these spaces are to be leased on a long-term basis;

 

·        Driveway access to the building from St Paul’s Street, resulting in the loss of four on-street parking spaces.

 

 

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located within the grounds of Brigidine College and fronts the northern side of St Paul’s Street.  Brigidine College is listed as a heritage item in Schedule 3 to the Randwick LEP 1998 and is located within the vicinity of several other items of local heritage listed in the LEP.  The site adjoins a heritage conservation area (“The Spot”) defined in accordance with Clause 49 of the Randwick LEP 1998.  The adjoining Ritz Cinema is listed as an item of local and State heritage. 

 

The site currently contains two outdoor multi-use hardcourts and has a frontage to St Paul’s Street of approximately 41 metres.  The portion is located at the eastern extremity of The Spot retail precinct and is located between the Ritz Cinema to the west and a vacant property to the east.  A row of 90 degree angle parking currently lines the section of St Paul’s Street east of the Ritz Cinema.

 

On-site car parking within the school is currently provided off Aeolia Street beside the Administration Building.  This area has a nominal capacity for 13 vehicles, however the area is overcrowded during school hours with stacked parking arrangements.  This area is currently inadequate to cater for staff and visitor parking demand.

 

4.       SITE HISTORY

 

a.       SITE HISTORY

 

No relevant site history.

 

b.       APPLICATION HISTORY

 

An initial development application for the proposal was submitted to the Council on 22 December 2003 and accompanied a draft Master Plan for the site.  On 24 February 2004, the Council resolved to adopt the Master Plan subject to amendments.  An amended development application accompanied by the revised Master Plan was submitted to the Council on 13 January 2005.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the DCP – Public Notification.  The application was advertised and notified in conjunction with the approved master plan between 20 January 2004 and 4 February 2004.  Four letters of objection were received in response to the master plan.  The matters raised have previously been addressed in the previous report to the Ordinary Council Meeting of 24 February 2004.

 

The following submissions were received in response to the development application:

 

5.1     Objections and letters of support

 

107 letters of support for the proposal were received.  These were mostly from local land owners and businesses operating within The Spot and cited the potential of the development to relieve local parking demand within the commercial centre as the principal reason for support. 

 

Two objections were received.  These included written objections from:

 

·        The Spot Precinct, PO Box 72, ST PAUL’S   NSW   2031

·        Mr A. Tosti, PO Box A640, SYDNEY SOUTH   NSW   1235

 

The issues raised are summarised below.

 

In addition, one letter was received from the owner of the adjoining Ritz Cinema, Mr J. Ziade (Ritz Cinemas Pty Ltd, 50 St Paul’s Street, RANDWICK   NSW   2031), requesting conditions be placed on any approved development to limit hours of excavation activity, require additional stormwater piping, limit future noise emissions from air conditioning and to replace any on-street car parking spaces removed from St Paul’s Street.

 

Construction and noise issues are discussed in Sections 6.1 and 9.5 below.  The proposed stormwater piping has been reviewed by the DAIS and is satisfactory.  The proposed loss of on-street parking spaces is considered to be acceptable given the additional amount of public parking to be made available by the proposal.

 

One letter was also received from RJ and CE Walker, 19 Perouse Road, RANDWICK   2031.  The letter concerns an existing right of carriageway affecting Lot 1 DP729654, accessed via Aeolia Street.  The letter requests that a condition be attached to any development approval requiring the construction of a barrier to restrict vehicle access to Lot 1.  It is not considered that this is relevant to the subject application and no such condition is recommended.

 

Concerns:

 

1.       Proposal does not comply with DCP No. 22 (“The Spot” and Surrounds).  The provision of parking levels above ground level is inconsistent with the heritage qualities of The Spot.

2.       Above ground parking presents unacceptable noise and pollution impacts for the public and properties in St Paul’s Street.

3.       Proposal does not include a plan of management for the car park.

4.       The proposed car park entry/exit needs to ensure pedestrian safety.

5.       Unacceptable traffic impacts on St Paul’s Street.

6.       Proposal needs to address school pick-up and drop-off problems in Aeolia Street.

7.       Proposed shops and commercial car park are not permissible in the Special Uses zone.

8.       Advertising of DA prior to determination of a master plan for the site.

9.       Notification area needs to be broader.

 

5.2     Responses to Objections

 

Responses to the submissions received are outlined below.  Detailed responses to the issues raised are incorporated into the body of this report:

 

1.       As noted in the previous master plan assessment, aboveground parking stations are discouraged by DCP No. 22 where they are visible from the street.  The proposed building form has been assessed by Council’s Heritage Planner and is considered to be satisfactory.

 

2.       The proposed above-ground car park levels will be effectively screened from St Paul’s Street and do not entail any unacceptable amenity noise or pollution impacts for the adjoining public domain or properties within St Paul’s Street.  Potential noise issues are addressed by the Council’s Manager of Environmental Health and Building in Section 6.1 below.  An appropriate condition requiring the inclusion of noise mitigation measures is attached to the recommendation to this report.

 

3.       A plan of management will need to be required as a condition of consent.  An appropriate condition is attached to the recommendation to this report.

 

4.       The proposed car park entry and exit has been assessed by the DAIS and appropriate measures have been incorporated into the design to ensure suitable levels of visibility and pedestrian safety.

 

5.       The applicant has provided an assessment of potential traffic impacts for St Paul’s Street.  The potential traffic impacts are not considered to be unreasonable and are consistent with the vehicle capacity of surrounding street streets.

 

6.       The development application is not required to address traffic management issues for Aeolia Street.

 

7.       Future retail or commercial uses within the site will be subject to the preparation of a draft local environmental plan to rezone the site.  A condition is attached to the recommendation to this report amending the application drawings to remove reference to proposed retail/commercial uses.  Future retail/commercial uses will be subject to a subsequent development application(s) once rezoning has occurred.

 

8.       (and 9) The master plan and development application have been advertised and notified in accordance with Council’s policy.  111 written submissions were received in response to the development application, including 107 letters in support of the application. 

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Building and Construction Issues

 

The Council’s Manager of Environmental Health & Building has raised no objections in relation to the proposed development subject to conditions being included in any development consent.  The comments provided by the Council’s Manager of Environmental Health & Building in relation to both the proposed master plan and the accompanying development application are included below:

 

BCA Building Classification

 

·           Class 6       -        Retail/Shops

·           Class 9b     -        Assembly building

·           Class 7a     -        Car park

 

Site Management

 

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

 

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

 

Building Code of Australia (BCA)

 

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

 

Access for people with a disability

 

The proposal does not appear to satisfy the BCA requirements and DDA objectives, in relation to access and facilities for people with a disability.

 

Access for people with a disability is required to be provided to the basement car park and the ground floor shops and, sanitary facilities for people with a disability are also required to be provided to the development, in accordance with the provisions of the BCA.

 

Standard conditions could be included to address these requirements, although compliance will require changes to the design of the building to accommodate a lift and/or ramp system and sanitary facilities, complying with the BCA and AS1428.

 

Amenity

 

It is considered that the proposal has the potential to impact on the amenity of the surrounding area in respect of noise generated by the use of the premises.

 

In support of the development application an acoustic report titled Acoustic Assessment Ref TA749-01F02(REV3) undertaken by Renzo Tonin & Associates was submitted. Assessment of this report reveals the following:

 

·           There are three noise sources at issue, short duration noise from the car park potentially affecting sleep, vehicle noise whilst on site and additional traffic noise due to vehicles entering and exiting the car park via public roads.

 

·           Noise management measures have been recommended to minimise adverse noise impacts.

 

·           Improved acoustic performance of the hall roof and minimum glazing thicknesses have been recommended.

 

·           Mechanical plant noise has been assessed as complying during the day period; this should be confirmed by on-site testing after commissioning.

 

Council accepts the acoustic report and recommendations included within. A condition requiring the adoption and incorporation of the acoustic report recommendations is to be included, as is a condition requiring that a further acoustic report be submitted to Council prior to an occupation certificate being issued which demonstrates that the development has achieved compliance with relevant standards.

 

It is noted on plans that the development includes an area set aside for potential retail/commercial/community space. To protect the areas amenity a condition is to be imposed requiring that all tenancies shall be the subject of a separate development application prior to occupation unless otherwise exempt by Council’s Development Control Plan – Exempt and Complying Development.

 

6.2     Landscape Issues

 

The Council’s Director of Assets & Infrastructure Services has provided the following comments in relation to landscape issues:

 

There are a number of large and significant trees within the grounds of the site, however, all are located away from the proposed works and should remain largely unaffected, as such, conditions regarding tree protection measures should not be required.

 

6.3     Traffic and Parking Issues

 

The Council’s Director of Assets & Infrastructure Services has provided the following comments in relation to traffic and parking issues:

 

The application was referred to the Council’s Traffic Engineer (Ken Kanagarajan), and the Local Development Committee for consideration. The following recommendations were received from the committee:

 

It is recommended that should Council wish to support the submitted proposal, the Randwick Development Committee raise no objection on traffic grounds to the proposal, subject to the following conditions:

 

1.       The layout of the car park shall comply with Australian Standards AS 2890.1.

 

2.       A separate application detailing the access arrangements to and from the car park within the existing angle parking area shall be submitted to the satisfaction of Randwick Traffic Committee.

 

3.       Since the proposal includes a public car parking station after hours, the concurrence of the Sydney Regional Development Advisory Committee shall be obtained for such a proposal.

 

4.       All costs of traffic management measures associated with the development shall be borne by the developer.

 

5.       The operation of the Parking Station shall comply with the following conditions:-

 

a)      Ensure that all relevant conditions of Development Approval or use are being complied with;

b)      Ensure that the number of vehicles parked within the parking station shall be restricted to a maximum of 156 vehicles;

c)       A queuing area large enough to hold at least six vehicles shall be provided on approach to any ticket issuing machine or reception point;

d)      That the individual parking spaces shall be marked in permanent materials on the floor of each parking level;

e)       That each vehicle accommodated within the premises shall be parked wholly within a marked space;

f)       The tenant and public parking spaces should generally be separated and designated accordingly;

g)      That a sign worded “Parking Station Full” shall be displayed in a prominent position at the entrance at all times when the parking station section of the premises contains the approved number of vehicles;

h)      Provide 8 kilometres per hour speed limit signs throughout the parking station and the entry and exit traffic lanes;

i)       Provide approved chemical fire extinguishers throughout the parking station and the entry and exit driveways in accordance with Clause 123, Part 6, Local Government (Approvals) Regulation 1993;

j)       Provide a “Stop” sign at the exit from the parking station;

k)      Provide:-

 

(i)      at least 1% of the total number of carparking spaces within the premises and reserve, in the vicinity of the lifts or as close as possible to entrances, areas or facilities which are likely to be visited by people with disabilities for use by people with disabilities and retain as such at all times.  The minimum dimension of this parking space shall be 3m x 5.5m;

(ii)     at least one such parking space outlined in (i) above having a minimum headroom clearance of 2.6m for use by vehicles fitted with roof mounted wheelchair racks, and display a notice at the entrance to the parking station indicating the maximum headroom available for such vehicles;

(iii)    a special program to ensure the safety and convenience of people with disabilities using the carpark; and

(iv)    on the exterior of the building and near the spaces, signs or symbols, to the satisfaction of Council, to clearly indicate that the station has a parking space for people with disabilities.

 

l)       Provide adequate direction signage inside both fire stairs and passageway indicating direction of egress.

 

          However, in relation to item 3 of these comments from the Development Committee, Council’s Traffic Engineer has provided the following additional advice:

 

Randwick Development Committee's advice dated 4 February 2004 included a condition requiring the concurrence of the SRDAC for the proposal of a public car parking station at the subject site.

 

However, during a later discussion with Police and RTA members of the Committee, I have obtained their confirmation that under SEPP 11, the concurrence of SRDAC is not required for this development.

 

Consequently it is considered that the application does not require referral to the Regional Development Committee.

 

In relation to points 5 i), 5 k) and 5 l) above it is recommended that the DPCD liaise with Council’s building inspectors and condition the development consent as required.

 

In response to the other items raised by the Local Development Committee, the applicant submitted additional information (dated 3 September 2004).

 

The additional information included a letter from Project Planning Associates which confirmed that the carpark layout complied with the relevant aspects of AS 2890.1. Despite this certification, the combined entry and exit access arrangements (detailed on the submitted basement floor plan) did not appear to comply with the Australian Standards.

Consequently Council’s Traffic Engineer liaised with the applicant and requested that amended access details be submitted to Council. Subsequent to these discussions, Council received a facsimile from Charles Glanville Architects (dated 6/12/04) which provided sketches showing the entry/exit point to the carpark being widened to 9.30 metres through reconfiguration of the stairwell.

 

Council’s Traffic Engineer then reviewed the amended site access arrangements (as detailed in the facsimile dated 6/12/04) together with the submitted revised plans (DA01-DA05 (Rev B) by Charles Glanville Architects dated 07/11/03 ) and provided the following comments:

 

Reference is made to the revised plans submitted for Council’s consideration for the Brigidine College Car Parking facility.

 

The following conditions of Randwick Development Committee’s advice dated 4 February 2004, relating to the revised design, have been assessed in light of letter dated 19 August 2004 from the Traffic Consultant Mr. Robert Varga of Project Planning Associates.

 

·        The layout of the car park shall comply with AS 2890.1:

 

The submitted plans dated 7/11/2003 show a 6.5 metre combined entry and exit driveway. For the size of the subject car park, the Standards require a minimum of 11.0 metres (6 metre for entry; 4.0 metres for exit; and a minimum of 1.0 metre separation between entry and exit driveways).

 

This matter was further discussed with the Traffic consultants, and we generally agreed that the Standards’ requirement was on the basis of all vehicles entering and exiting the site from and to the kerbside lane.

 

The Traffic consultant has stated that due to the presence of angle parking at the location, a driveway width of 9.0 metres (category 2) should be accepted.

The revised proposal (as detailed in the facsimile from Charles Glanville Architects (dated 6/12/04) now provides 9.3 metres width (5.0m entry, 3.0m exit, 0.9m separation and a kerb width of 0.2m on either side).  

 

The 5.0m entry should allow a breakdown lane adjacent to the queuing lane.

 

·        The tenant and public car parking spaces should be generally separated and designated accordingly:

 

The consultant has stated that the different areas of the car parking area will be separated by a boomgate and will be clearly signposted. These boomgates will be operated by a remote device which will be issued to all tenants. I consider that such an arrangement would be satisfactory.

 

·        Details of the access arrangements within the angle parking area:

 

The Traffic Consultant has furnished information concerning vehicle turning paths which are considered satisfactory.

 

The following recommendation is therefore submitted for Council’s consideration.

 

RECOMMENDATION:

 

It is recommended that should Council wish to support the submitted proposal, no objection be raised on traffic grounds to the revised proposal providing an entry width of 5.0m; exit width of 3.0m; a 0.9m wide physical separation between entry and exit driveways; and the width of the kerb on either side being 0.2m.

 

Subsequent to the above advice being received from Council’s Traffic Engineer; the applicant has submitted amended plans (DA01-DA06 (Rev C) by Charles Glanville Architects dated 23/12/2004). The amended plans show the changes to the access driveway details in accordance with the facsimile from Charles Granville (Architects) (dated 6/12/2004).

 

DPCD is advised that the revised carpark layout still does not appear to comply with the Australian Standard for off-street parking facilities (AS 2890.1:2004). In particular the following points are noted:

 

·        The grade of the internal driveway from the property boundary is shown as 1:14 however the maximum allowable grade is 1:20 for the first 6 metres into the carpark. There appears to be sufficient area available along the internal driveway to amend this grade to comply with AS2890.1.

 

·        It would appear that the entry ticket gate has been relocated closer to the property boundary to comply with the maximum permissible grade of 1:20 for a minimum 6 metre approach to the ticket gate (traffic control point), as per AS2890.1:2004. However, this relocation has resulted in an insufficient queuing length being provided within the site. There appears to be sufficient space within the basement carpark levels to comply with both the required grades and queuing lengths as specified in AS 2890.1:2004; although it is noted that this may require the adjustment of carpark floor levels, to ensure sufficient height clearance (minimum 2.2 metres) is achieved in both basement levels.

 

·        Car spaces 35 on the basement level and 36 on the lower basement level are shown as disabled access spaces; however a minimum clearance of 2.3 metres is required for a vehicle’s path of travel to or from such a parking space. Consideration may be given to relocating these spaces, or alternatively, adjusting clearances. It is further noted that appropriate warning devices such as flexible striker bars shall be provided in conjunction with low clearance signs wherever the clearance is less than 2.3 metres.

 

It is noted that the AIS Department would prefer the submission of amended plans addressing the above issues prior to the issuing of development approval, however, should the DPCD consider approving the application in its current form, the AIS Department would not object, subject to the following deferred commencement condition being imposed (this condition has been included in the report, and should be deleted if the DPCD request amended plans showing the amendments prior to DA approval).

 

Prior to this consent becoming operational, the applicant shall submit to Council for approval, and have approved, amended plans for the carpark areas detailing general compliance with AS2890.1:2004.

 

In particular the amended plans shall show:

 

·        The grade of the access driveway being reduced to 1 in 20 (5%) for the first 6 metres into the carpark (Section 3.3(a); AS 2890.1:2004)

 

·        Adequate queuing area in accordance with Section 3.4 of AS 2890.1:2004

 

·        The grade of the access driveway being no greater than 1 in 20 (5%) for at least 6 metres before the ticket machine (vehicular control point) (Section 3.3(b); AS 2890.1:2004)

 

·        Adequate head room throughout the car parking areas in accordance with Section 5.3.1 of AS 2890.1:2004.

 

Notes:1)     A longitudinal section through the access driveway and carpark area beneath the access driveway shall be provided to demonstrate compliance with this requirement.

 

          2)      As 2890.1:2004 specifies a minimum clearance of 2.3m shall be provided along the vehicle path of travel to or from a disabled parking space.

 

It is also noted that a 1.5m x 1.5m splay (from the existing property boundary) has been shown on the western side of the vehicular access; however when the boundary is setback one metre for footpath widening in St Pauls Street (as required), the splay will be reduced to 0.5m x 0.5m. Given the vehicular access is to be 9.3 metres wide, and the entry and exit points are to be separated, the AIS Department does not object to the reduced western splay, as satisfactory sight lines will still be provided from the eastern side of the driveway for exiting vehicles. However, it is noted that a condition has been included in this report requiring the eastern wall adjacent to the vehicular crossing to be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site.

 

6.4     Drainage Issues

 

The Council’s Director of Assets & Infrastructure Services has provided the following comments in relation to drainage issues:

 

Onsite stormwater detention

 

On-site detention must be provided to ensure that the maximum discharge from the redeveloped portion of the site (including proposed new landscaped areas) is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 100 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services. 

 

Should a formal overland escape route be provided for storms greater than the design storm, the on-site detention system may be sized for the 1 in 20 year storm event (rather than the 1 in 100 year event).

 

Overland flow

 

Overland flows from the southern portion of the Brigidine College School grounds together with a considerable portion of flows from the vacant land to the east of the development site appear to currently drain through the subject development area and out to St Pauls Street.

 

As per our previous memos dated 14 July 2004 and 10 December 2004, it is recommended that provision be made for a clear overland flow path through the development site.

 

The applicant has objected to the AIS Department recommendations that an overland flow path be provided and proposes to provide two overflow pipes (each sized for the 1 in 100 year storm event) in lieu of the flow path. Whilst it is still recommended that a clear overland flow path be provided through the site, the AIS Department does not consider the provision of a piped overflow system (in lieu of the overland flow path) to be grounds for refusing the application.

 

Should the applicant persist with the option of providing piped overflows, the OSD system shall be sized for the 1 in 100 year storm event and the overflow system (for flows currently draining through the site from external catchment areas) shall be designed in general accordance with the following requirements.

 

a)      The stormwater collection system shall be designed with minimum blockage factors of 50% for sag pits and 30% for on grade pits (higher blockage factors should be adopted for critical pits);

 

b)      All stormwater currently draining to the site shall be collected and discharged through the piped overflow system. It is noted that this includes runoff from the southern portion of Brigidine College and the adjoining vacant land;

 

c)       The piped overflow system shall consist of a minimum of two pipes, with both pipes being sized to separately convey the 1 in 100 year flows;

 

d)      The drainage system is to be modelled and designed assuming the outlet is submerged due to flows in St Pauls street;

 

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

 

6.5     Footpath Widening Comments

 

The Council’s Director of Assets & Infrastructure Services has provided the following comments in relation to drainage issues:

 

In accordance with the master plan requirements, the applicant shall dedicate to Council a minimum 1 metre wide strip of land along the full St Pauls Street site frontage to facilitate widening of the footpath. Compliance with this requirement will necessitate the building alignment in St Pauls street (on all levels of the development) being setback a minimum 1 metre. It is noted that the applicant was previously advised of this requirement in the AIS Department memo dated 10 December 2004.

 

The submitted plans show the required set back on the ground and basement levels, however Level 1 shows the development extending to the existing property boundary.

 

The following deferred commencement condition has been included in this report to address this issue:

 

Prior to this consent becoming operational, the applicant shall submit amended plans showing a minimum 1 metre wide strip of land being dedicated to Council along the full St Pauls street frontage to facilitate widening of the footpath. Compliance with this requirement will necessitate the building alignment in St Pauls street (on all levels of the development) being setback a minimum 1 metre.

 

Note: No part of the structure (including the basement carpark and/or eaves overhang) shall encroach onto the dedicated land.

 

Should the applicant submit amended plans demonstrating compliance with the above requirement prior to the issuing of development approval, the above deferred commencement condition may be deleted from the approval.

 

6.6     Groundwater Comments

 

The Council’s Director of Assets & Infrastructure Services has provided the following comments in relation to waste issues:

 

Should groundwater/seepage water be encountered within the depth of the proposed basement excavation, the basement carpark shall be suitably tanked and waterproofed.

 

Furthermore, it is noted that should dewatering be required at any point during the excavation, the applicant shall contact the Department of Infrastructure Planning and Natural Resources (DIPNR) to obtain a temporary dewatering license.

 

6.7     Awning Comments

 

The Council’s Director of Assets & Infrastructure Services has provided the following comments in relation to waste issues:

 

Under awning signs must be not less than 2.60m above the footpath level at any point.

 

Awnings must be not less than 3m above the footpath at any point and must be setback at least 600mm from the kerb line.

 

Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

6.8     Waste Comments

 

The Council’s Director of Assets & Infrastructure Services has provided the following comments in relation to waste issues:

 

The retail garbage room area/s shall be redesigned to contain a total of 6 x 240 litre bins (i.e. 1 garbage bin & 1 recycle bin for each of the retail tenancies) whilst providing satisfactory access to these bins. It is noted that compliance with this requirement may necessitate redesign of the ground floor.

 

Consequently the AIS Department recommends that amended plans showing compliance with the above requirement be submitted prior to the issuing of development approval, however, should the DPCD consider approving the application in its current form, the AIS Department would not object, subject to the following deferred commencement condition being imposed (this condition has been included in the report, and should be deleted if the DPCD request amended plans showing the amendment prior to DA approval).

 

Prior to this consent becoming operational, the applicant shall submit to Council for approval, and have approved, amended plans showing redesign of the retail garbage room area/s to contain a total of 6 x 240 litre bins (i.e. 1 garbage bin & 1 recycle bin for each of the retail tenancies), whilst providing satisfactory access to these bins.

 

The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

Prior to the issuing of a construction certificate for the proposed development, the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for the redeveloped portion of the development site, post construction. This plan is to include details of how the waste management arrangements for the proposed development will be integrated into the existing waste management system implemented by Brigidine College.

 

6.9     Heritage Issues

 

Council’s Heritage Planner has provided the following comments in relation to the master plan and development application:

 

The entire Brigidine site, including the Convent, College and adjacent grounds are listed as a heritage item under Randwick LEP 1998.  The site is adjacent to The Spot Conservation Area and is also adjacent to the Ritz Cinema, which is listed as a heritage item under Randwick LEP 1998 and is listed on the State Heritage Register.  The Convent site is occupied by “Aeolia”, which the Randwick Heritage Study Inventory Sheet describes as a “three storey Georgian style residence with double storey verandah.  …  Third storey is a later addition.  …  The building was erected in 1859 … the home of Edwin Daintrey, a local solicitor and member of Randwick Council.  Since 1901 the Convent has been a popular Catholic school for girls.”

 

The Master Plan application proposes a new building on the St. Paul’s Road frontage to the Brigidine College site, on the area currently occupied by tennis courts.  The building comprises three levels above ground and two basement levels.  At ground level, it is proposed to provide three premises for retail/commercial/community use at the front of the site, and carparking to the rear, at level 1 it is proposed to provide carparking, and at level 2 a multipurpose hall and three classrooms.  Two levels of basement parking are also proposed, with the driveway entrance at the south eastern corner of the site.  Ancillary visitor parking and landscape works are also proposed.

 

A formal pre-lodgement application for a similar proposal was held in 2002.  A thorough Conservation Analysis and Guidelines for the entire site was prepared by Clive Lucas Stapleton and Partners in 1998.  The application has been accompanied by a Statement of Heritage Impact prepared by Clive Lucas Stapleton and Partners Pty Ltd.  The Statement includes historical development, a new visual survey, a Statement of Significance, Conservation Guidelines, and Assessment Methodology.  The visual survey notes the importance of views to the building from Randwick and Coogee, including views from The Spot to the Kilbride wing.  The Conservation Guidelines have been developed on the basis of the graded significance of individual site elements.  In relation to the St Pauls Street building the Statement notes that the proposed siting is suitable, as it is an area nominated for potential development, and that the building will not affect identified views to and from the site.  In relation to the proposed Carpark, the Statement notes that this is to be located in an area already occupied by carparking and will not affect existing landscape character.

 

In relation to the new building, it is considered that the proposed vehicular access drive would somewhat open up views into the site, towards the Kilbride wing and the mature fig trees on the site.  Development Control Plan n No.22 for The Spot and Surrounds requires development in the business zone to prove retail and/or commercial floor space along the length of the street frontage to enhance retail quality, variety and continuity.  Design guidelines in the DCP for infill buildings include vertical emphasis to facades and the use of parapet roof forms.

 

My earlier memo recommended minimising the apparent bulk of the St Pauls Street elevation of the new building so as to be compatible with the height of surrounding commercial buildings and not to compete with the dominance of the Ritz cinema.  It is noted that the height of the proposed building is similar to the Ritz, but that the multi-purpose hall on the top level has been somewhat set back from the two retail and carparking levels below.  The current submission includes a street elevation giving an indication of heights of buildings on the western side of the Ritz, however no a three dimensional representation of the St Pauls Street façade has been sighted.  The bulk of the building is considered to be generally compatible with the adjacent Ritz cinema and with the streetscape of St Pauls Street.  The design of the upper set back levels should be of fairly simple and recessive design and finish so as not to compete with the Ritz cinema façade.  My earlier memo noted that the eastern elevation of the building would also be visible from St Pauls Street.  The proposed articulation to the eastern elevation is considered generally acceptable, however materials and finishes would need to be carefully considered in relation to visibility.  Signage at these upper levels of the building is not recommended.

 

In relation to the proposed ancillary visitor parking and landscape works, it is noted the existing Norfolk Island pine in this area is to be retained, new planting is to be low in scale and that minimal change to existing levels is proposed.  It is considered that the proposal to will not detract from the setting or relationship of surrounding buildings.

 

6.10   Sydney Regional Development Advisory Committee (SRDAC) Comments

 

As discussed in Section 6.3 above, Council’s AIS Department has confirmed with the RTA that  the application does not require referral to the Sydney Regional Development Advisory Committee (SRDAC).

 

7.       MASTER PLANNING REQUIREMENTS

 

A master plan is required pursuant to Clause 40A of the Randwick LEP 1998 as the site is more than 4,000m² in area.  Council adopted a master plan for the site subject to amendments at the Ordinary Council Meeting held on 24 February 2004. 

 

Clause 40A of the Randwick LEP 1998 requires Council to be satisfied that the proposal is not inconsistent with the provisions of the approved master plan for the site.  The proposal is considered to be consistent with the requirements of the approved Master Plan.  A summary of the application’s responses to the conditions attached to the Council’s resolution of 24 February 2004 is included below. 

 

Condition

Development Application Response

Comment

1.   The built form of the proposed assembly hall building is to be limited to three storeys in height above ground level and is to be consistent with the scale and form of the adjoining Ritz Cinema and the prevailing streetscape of The Spot Commercial Centre.

 

Building form is consistent with the approved master plan and is limited to three storeys above ground.  Building scale is consistent with the Ritz Cinema.  The alignment and spacing of façade elements, including awnings and masonry elements, are consistent with the established built form pattern of existing retail/commercial buildings on the northern side of St Paul’s Street.

 

Proposal is satisfactory.

2.   The building alignment of the proposed assembly hall shall be set back from the alignment of the existing footpath by at least 1 metre to provide safe pedestrian access at ground level along St Paul’s Street.  The widened section of footpath shall be dedicated to Council.  Any revised proposal shall retain consistency with the heritage and streetscape qualities of the locality and shall be resubmitted for review by the Council.

 

The ground level building alignment has been amended to be set back an additional 1 metre from the street frontage.  The proposed first floor overhangs this space.

Council’s AIS Department requires the proposed first floor to be set back an additional 1 metre so as to not overhang the footpath space.  The proposal is satisfactory subject to a condition of deferred commencement requiring the additional setback and a condition of consent requiring dedication of the additional footpath space to the Council.

3.   The eastern façade of the proposed assembly hall building shall be designed to minimise any visual impacts on the adjoining residential property.  Visual interest and relief shall be provided within the proposed eastern wall of the building through the use of articulation and the appropriate arrangement of materials and finishes.

 

No additional articulation or finishes have been included.

Proposal is satisfactory subject to a condition of consent requiring the submission of amended elevation details indicating consistency with the master plan condition.

4.   The proposed vehicular crossing in St Paul’s Street shall be suitably sized and located so as to minimise the loss of on-street parking spaces in St Paul’s Street.

 

Car park entry/exit has been amended in response to the requirements of the Council’s AIS Department. 

Proposal is satisfactory (see Section 6.3 – Traffic and Parking Comments).

5.   The proposed master plan shall be in accordance with any recommendations of the Local Traffic Committee or the NSW Roads and Traffic Authority/ Sydney Regional Development Advisory Committee.

 

The application does not require referral to the Sydney Regional Development Advisory Committee or RTA..

Proposal is satisfactory (see Section 6.3 – Traffic and Parking Comments).

 

The proposed development includes modifications to the concept design included in the approved master plan.  These include:

 

·    Amendments to the proposed vehicular access, including widening of the proposed driveway and vehicle entry/exit, and internal car park layout in response to requirements of the Council’s AIS Department.  This has included a reduction in the number of on-site car parking spaces from 170 to 168 spaces, and

 

·    The provision of stormwater piping to ensure the development does not exacerbate local flood risk.

 

The proposed modifications are considered to be consistent with the approved master plan and satisfactorily resolve detailed parking and stormwater management issues for the site.  Comments provided by the Council’s AIS Department, including recommended conditions of deferred commencement, are included in Section 6 above.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-        Environmental Planning and Assessment Act 1979 (as amended)

-        State Environmental Planning Policy No.11 – Traffic Generating Developments (SEPP 11)

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

-        Draft State Environmental Planning Policy No.66 – Integration of Land Use and Transport (Draft SEPP 66)

-        Randwick Local Environmental Plan 1998

-        Building Code of Australia

-        Draft amendments to the Council’s Section 94 Contributions Policy

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned 5 Special Uses under Randwick Local Environmental Plan 1998. The proposed activity is permissible with Council’s consent, with the exception of the proposed retail and commercial uses.  Clause 17 of the LEP permits a limited range of commercial uses, including “child care centres” and “health consulting rooms”, within the zone, although these are generally incompatible with the sizes and configuration of the proposed suites.  “Community facilities”, “car parks” and “educational establishments” are permitted within the zone.

 

Incorporation of retail and commercial uses at ground level is considered to be desirable, as this will provide for a continuation of the active street frontage characterising the adjoining commercial area.  In this way, the proposal seeks to achieve a suitable “fit” with the conservation area in terms of both built form and use.

 

As part of its previous resolution to approve the site master plan, Council agreed to the preparation of a draft local environmental plan to amend the Randwick LEP 1998 to permit the proposed retail/commercial uses, subject to an economic analysis being submitted by the applicant.  This is yet to occur and, as such, a condition of consent is attached to the recommendation to this report requiring the approved drawings to be amended to remove references to “retail” and “commercial” uses and that the use of the space be designated as a community facility in accordance with the option in the Masterplan.  Future use and occupation of the individual suites will be subject to separate development applications. 

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause

Requirement

Provided

Compliance

29

Foreshore Scenic Protection Area

No

N/A

43

Heritage Item or Conservation Area

Yes

Refer to Section 6.9 – Heritage Issues

 

46

Vicinity of Heritage Item

Yes

Refer to Section 6.9 – Heritage Issues

 

 

(b)     State Environmental Planning Policy No. 11 – Traffic Generating Developments

 

The application is not required to be referred to the NSW Roads and Traffic Authority for comment. 

 

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

 

Clause 7(1) of SEPP 55 requires that the Council may not consent to the carrying out of any development on land unless it has considered whether the land is contaminated.  The subject site has been subject to school uses for several decades and is not considered to be contaminated.

 

(d)     Draft State Environmental Planning Policy No. 66 – Integration of Land Use and Transport

 

The proposal is consistent with the planning objectives and requirements of the Draft SEPP. 

 

8.1     Policy Controls

 

a.       Development Control Plan No. 22 – The Spot and Surrounds

 

The proposal is consistent with the aims and requirements of the DCP.  The proposal provides a continuation of the active street frontage at ground level along St Paul’s Road (an amendment to the Randwick LEP 1998 is required to ensure retail uses are permissible along this frontage). 

 

The DCP contains a general provision discouraging the provision of above-ground car parking that is visible from St Paul’s Street.  The proposal includes car parking areas within the assembly hall facility at ground and first floor levels, however these will not be distinguishable as car parking areas when viewed from the street.

 

b.       Development Control Plan - Parking

 

The proposal is consistent with the DCP – Parking.

 

c.       Section 94 Contributions Plan

 

The application is not subject to any monetary contributions prescribed by the Randwick Section 94 Contributions Plan. 

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Building Form and Design

 

The proposed building form and appearance are consistent with the approved master plan and are considered to be acceptable.  The proposed building proportions, scale and massing are considered to be visually appropriate and consistent with the built form qualities of the existing The Spot conservation area.  The proposal involves the removal of the advertising hoardings currently occupying the site’s St Paul’s Street frontage and their replacement with a building form and scale consistent with that of the adjoining conservation area. 

 

The Council’s AIS Department has recommended a condition of deferred commencement to require the proposed first floor street frontage to be set back a further 1 metre.  This is to prevent the building overhanging the proposed area of footpath dedication.  It is not considered that this will unduly interrupt or detract from the building’s presentation to St Paul’s Street.

 

A condition of the approved master plan for the site required the introduction of additional visual relief to the proposed building’s eastern elevation.  The applicant has submitted sketch proposals describing the intended additional detailing of this wall.  A condition of consent is attached to the recommendation to this report requiring the submission of a detailed design for the eastern elevation to be approved by Council.

 

9.2     Building Use

 

The proposal includes three ground level retail/commercial suites fronting St Paul’s Street.  These uses are not permissible within the 5 Special Uses zone.  As part of its previous resolution regarding the master plan for the site, Council agreed to the preparation of a draft local environmental plan to allow the proposed retail/commercial suites, subject to the submission of an economic analysis by the applicant.  The analysis and request for rezoning has not been submitted by the applicant.

 

Accordingly, a condition of consent is attached to the recommendation to this report requiring the application drawings to be amended by removing the current references to “retail” and “commercial” uses and designated this area as a community facility.  However, any occupation of the suites will still need to be approved in accordance with a separate development application for future use.    

 

9.3     Access and Parking

 

The Council’s AIS department has advised that the proposed parking layout does not satisfy the relevant Australian Standard.  A deferred commencement condition is attached to the recommendation to this report requiring the submission of a complying parking layout.

 

Traffic modelling for the proposal has been conducted by the applicant and assessed by the Council’s Traffic Engineer.  The proposal is considered to be satisfactory and consistent with the capacity of the surrounding street network. 

 

The proposal will entail the loss of up to four on-street parking spaces.  The loss of these spaces will be more than compensated for by the provision of additional public car parking within the development.  Future operation of the public car park will be subject to a management plan to be required as a condition of consent. 

 

9.4     Economic and Social Impacts

 

The proposal entails substantial economic and social benefits for The Spot commercial area and surrounding locality.  The introduction of the new facility replaces an under-used space within St Paul’s Street and provides an additional range of activities to support the ongoing viability of the commercial area. 

 

The proposed public car park will help to alleviate crucial on-street parking shortages in the precinct to the benefit of business owners and residents.  The proposal also provides a much-needed facility for the school, supporting the ongoing viability of the existing educational establishment.  Written submissions received in response to the proposal indicate that the vast majority of business and land owners within the commercial area supports the proposal.

 

9.5     Noise and Vibration

 

Noise and vibration issues have been assessed by the Council’s Manager, Health and Building in Section 6.1 above. An acoustic report submitted by the applicant reveals the following:

·           There are three noise sources at issue, short duration noise from the car park potentially affecting sleep, vehicle noise whilst on site and additional traffic noise due to vehicles entering and exiting the car park via public roads;

 

·           Noise management measures have been recommended to minimise adverse noise impacts;

 

·           Improved acoustic performance of the hall roof and minimum glazing thicknesses have been recommended, and

 

·           Mechanical plant noise has been assessed as complying during the day period; this should be confirmed by on-site testing after commissioning.

 

Appropriate conditions of consent are attached to the recommendation to this report to ensure compliance with the relevant acoustic standards.

 

The owner of the adjoining Ritz Cinema has written to the Council requesting a condition of consent to require:

 

·        Rock excavation to be made by saw cut machinery only, and

 

·        Any rock excavation or use of heavy machinery with high noise levels to be used before 10.00am only.

 

It is not proposed to limit the use of heavy machinery to before 10.00am, as this would unreasonably delay the progress of construction.  Standard conditions of consent relating to construction management and the use of machinery are attached to the recommendation to this report.

 

9.6     Stormwater Management

 

The subject site lies at the confluence of overland flows from the Brigidine School site and adjoining areas.  The applicant has proposed to install underground piping to collect and remove stormwater flows from the site.  The proposed method of drainage is considered to be satisfactory subject to conditions.

 

10.     CONCLUSION

 

Subject to appropriate conditions of consent, including conditions of deferred commencement, the proposal is considered to be worthy of approval.  The proposal entails substantial economic and social benefits for The Spot commercial precinct and local residents.  The proposal also supports the ongoing viability of Brigidine College as an educational establishment.

 

The proposed car park will substantially alleviate currently unsatisfactory parking arrangements for both school users and visitors to The Spot.  The proposed building  protects the heritage and built form qualities of the existing commercial area while providing new uses and activities to bolster the area’s diversity and ongoing economic sustainability.  It is considered that the proposal will be of overwhelming benefit for the locality.

RECOMMENDATION:

 

a.       THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 01195/03 for the construction of a school multi-purpose hall and teaching facilities with three ground level commercial suites and four levels of car parking for 168 vehicles at No. 7-37 Coogee Bay Road, Randwick subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.       Prior to this consent becoming operational, the applicant shall submit to Council for approval, and have approved, amended plans for the carpark areas detailing general compliance with AS2890.1:2004.

 

          In particular the amended plans shall show:

 

·        The grade of the access driveway being reduced to 1 in 20 (5%) for the first 6 metres into the carpark (Section 3.3(a); AS 2890.1:2004)

 

·        Adequate queuing area in accordance with Section 3.4 of AS 2890.1:2004

 

·        The grade of the access driveway being no greater than 1 in 20 (5%) for at least 6 metres before the ticket machine (vehicular control point) (Section 3.3(b); AS 2890.1:2004)

 

·        Adequate head room throughout the carparking areas in accordance with Section 5.3.1 of AS 2890.1:2004.

 

Notes:        

·        A longitudinal section through the access driveway and carpark area beneath the access driveway shall be provided to demonstrate compliance with this requirement.

 

·        AS 2890.1:2004 specifies a minimum clearance of 2.3m shall be provided along the vehicle path of travel to or from a disabled parking space.

 

2.       Prior to this consent becoming operational, the applicant shall submit to Council for approval, and have approved, amended plans showing redesign of the retail garbage room area/s to contain a total of 6 x 240 litre bins (i.e. 1 garbage bin and 1 recycle bin for each of the commercial/retail tenancies), whilst providing satisfactory access to these bins.

 

3.       Prior to this consent becoming operational, the applicant shall submit amended plans showing a minimum 1 metre wide strip of land being dedicated to Council along the full St Pauls street frontage to facilitate widening of the footpath. Compliance with this requirement will necessitate the building alignment in St Pauls street (on all levels of the development) being setback a minimum 1 metre.

          Note: No part of the structure (including the basement carpark and/or eaves overhang) shall encroach onto the dedicated land.

 

4.       A carpark management plan supported by appropriate quantification and prepared by a qualified traffic or parking consultant shall be submitted and approved by Council. The management plan shall, at minimum, cover the following issues:

 

a.       Method of payment (including details of any voucher systems), and proposed parking rates

b.       Method of controlling the use of the carpark without deterring intended user groups (school users together with public visitors)

c.       Arrangements to indicate when the carpark is full

d.       Provision for ongoing monitoring of the carparking performance

 

5.       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.

 

6.       Details of the eastern façade, including materials, colours and finishes, are to be submitted to and approved by Council’s Director of Planning & Community Development.

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent in accordance with Clause 95(3) of the Environmental Planning and Assessment Regulation 2000.

 
Development Consent Conditions

 

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

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with plans drawn by Charles Glanville Architects Pty Ltd and numbered DA01, DA02, DA03, DA04, DA05 and DA06 (Revision C) dated 23 December 2004 and received by the Council on 13 January 2005, the application form and any supporting information received with the application, except as may be amended by the details/amendment approved pursuant to the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans.

 

ENVIRONMENTAL AMENITY:

 

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.       Application drawings No. DA 03 and DA06 are to be amended by deleting references to “retail” and “commercial” uses.  These areas shall be designated for use as a community facility.

 

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

 

4.     Where access is required to adjoining premises for construction purposes, the consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

5.       All tenancies shall be the subject of a separate development application prior to occupation unless otherwise exempt by Council’s Development Control Plan – Exempt and Complying Development.

 

ECOLOGICALLY SUSTAINABLE DEVELOPMENT & ENERGY EFFICIENCY: 

 

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

 

6.       The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be noted in the construction certificate plans or specifications.

 

CIVIL WORKS/TRAFFIC:

 

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

 

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

 

a)       Construct a full width concrete commercial vehicular crossing and layback at kerb opposite the vehicular entrance to the site in St Pauls Street.

 

b)      Reconstruct the full St Pauls Street site frontage in accordance with Council’s Urban Design Guidelines for the Spot Commercial Centre.  Note: This may include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786

 

c)       Reconstruct any damaged sections of kerb and gutter for the full site frontage in St Pauls Street except opposite the vehicular entrance and exit points.

 

d)      Construct a new double grated kerb inlet pit in St Pauls Street at the site stormwater discharge point; and connect the new pit to the existing/reconstructed stormwater pit in St Paul’s Street (located some 27.5 metres to the west of the subject development site) via a minimum 450mm diameter spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP)

 

8.       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.

 

9.       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.

 

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

 

11.     Prior to the issuing of an occupation certificate, the applicant shall dedicate a minimum 1 metre wide strip of land along the full St Pauls Street site frontage to facilitate widening of the footpath. The applicant shall meet all costs associated with the dedication.

 

          Note: No portion of the development (including basement structures and/or eaves overhang) shall encroach into the dedication.

 

12.     Under awning signs must be not less than 2.60m above the footpath level at any point.

 

13.     Awnings must be not less than 3m above the footpath at any point and must be setback at least 600mm from the kerb line.

 

14.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

15.     The carpark layout shall be in general accordance with Australian Standard 2890.1 (2004).

 

16.     Traffic directional arrows shall be marked in permanent materials on the floor of each parking level.

 

17.     Signs indicating 8 kilometres per hour speed limit shall be provided on the car parking levels and at the carpark entry.

 

18.   A “STOP” sign shall be provided at the exit point of the exit driveway.

 

19.     All vehicles shall enter and exit the site in a forward direction.

 

20.     The tenant and public parking spaces shall be suitably separated and designated accordingly.

 

21.     Appropriate “Parking Station Full” signage shall be displayed in a prominent position at the entrance at all times when the public parking station section of the premises is fully occupied. It is noted that the signage shall be provided wholly within the site.

 

22.     All costs of traffic management measures associated with the development shall be borne by the developer.

 

23.     A Works Zone is to be provided in St Pauls Street for the duration of the construction works.  The ‘Works 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 Works 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 Works Zone 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.

 

Alignment Level Conditions:

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

 

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

 

·               2.5% above the level at the top of the existing kerb along the full site frontage.

 

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

 

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

 

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

 

26.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1352 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.

 

27.     The top of footings of any structures constructed on the realigned boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access.

 

Security Deposit Conditions:

 

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

 

28.     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)       $2000.00    -         Damage / Civil Works Security Deposit

 

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

 

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

 

Service Authority Conditions:

 

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

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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 to determine whether or not an electricity substation is required for the development.

 

33.     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:

 

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

 

External Drainage works

 

34.     All stormwater runoff being discharged from the site shall be directed to Council’s underground drainage system in St Pauls Street via a new double grated kerb inlet pit (as detailed on the concept drainage plans by Steve Paul and Partners dated 9 August 2004).

 

          The new kerb inlet pit shall be connected to the existing (or reconstructed if required) stormwater pit in St Paul’s Street (located some 27.5 metres to the west of the subject development site) via a minimum 450mm 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.

 

          The new kerb inlet pit/s shall be constructed in general accordance with Council’s standard drawing SD6.

 

35.     All works (including road reinstatement works) shall be undertaken to the satisfaction Council’s Director of Asset and Infrastructure Services prior to the issuing of an occupation certificate.

 

36.     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).

 

37.     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.

 

38.     A bond or unconditional bank guarantee (no expiry date) for the amount of $15,000 shall be submitted to Council prior to the issuing of a construction certificate to ensure satisfactory construction and performance of the new kerb inlet pit and pipeline in Council’s road reserve. The bond/bank guarantee will be held for a defects liability period of 52 weeks from the date of issue of the occupation certificate and will be released upon written request (at the end of the defects liability period) subject to satisfactory inspection by Council’s Asset and Infrastructure Service Department.

 

Internal Drainage

 

39.     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 issued, 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 the proposed drainage system.

 

d)      The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

40.     On-site detention must be provided to ensure that the maximum discharge from the redeveloped portion of the site (including proposed new landscaped areas) is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 100 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services. 

 

          Should a formal overland escape route be provided for storms greater than the design storm, the on-site detention system may be sized for the 1 in 20 year storm event (rather than the 1 in 100 year event).

 

          For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

          Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

41.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

42.     The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

43.     The maximum depth of ponding in any above ground detention shall be as follows:

 

e)       300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

f)       600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

g)       1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

          Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

 

44.     The stormwater detention area must be suitably signposted where required, warning people of the maximum flood level.

 

45.     The floor level of all habitable and storage areas adjacent to the detention area must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

          (In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

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

 

48.     A reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

49.     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.

 

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

 

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

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

 

          The sediment/silt 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.

 

51.     Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

          Notes:

a.       The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Asset and Infrastructure Services Department.

b.       If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

 

52.     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:

 

h)       The location of the detention basin with finished surface levels;

i)        Finished site contours at 0.2 metre intervals;

j)       Volume of storage available in the detention areas;

k)      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

l)        The orifice size(s) (if applicable);

m)      Details of any infiltration/absorption systems; and

n)       Details of any pumping systems installed (including wet well volumes).

 

53.     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.

 

54.     Provision shall be made for all stormwater runoff currently draining through the development site to be safely conveyed through the site to the drainage system in St Pauls Street. The overflow infrastructure required to convey flow through the site shall be constructed prior to the commencement of building work unless it can be demonstrated that an alternative method for safely conveying stormwater through the site is available throughout the construction period.

 

          The stormwater overflow system (designed to convey external catchment flows through to St Pauls Street) shall be designed in accordance with the following requirements:

 

a)       The stormwater collection system shall be designed with minimum blockage factors of 50% for sag pits and 30% for on grade pits (higher blockage factors should be adopted for critical pits);

 

b)      The area contributing to flows shall include (but not necessarily be limited to) the southern portion of 7-37 Coogee Bay Road (excluding the subject development site which is draining to the on-site detention system) and the adjoining vacant land to the east;

 

c)       The piped system shall be constructed in general accordance with the layout shown on concept drainage plans by Steve Paul and Partners dated 9 August 2004 and shall consist of a minimum of two pipes, with both pipes being sized to separately convey the 1 in 100 year flows; and

 

d)      The drainage system is to be modelled and designed assuming the outlet is submerged due to flows in St Pauls street.

 

55.     The applicant shall submit certification from a suitably qualified hydraulic consultant confirming that the piped stormwater overflow system has been design in accordance with the above requirements prior to the issuing of a construction certificate. The certification shall be to the satisfaction of the certifying authority.

 

56.     Should groundwater/seepage water be encountered within the depth of the basement excavation, the basement carpark is to be suitably tanked and waterproofed. If tanking is required, 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 (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

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

 

57.     Should dewatering be required at any point during the excavation, the applicant shall contact the Department of Infrastructure Planning and Natural Resources (DIPNR) to obtain a temporary dewatering license.

 

WASTE MANAGEMENT:

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

58.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

59.     The commercial garbage area shall be sized to contain a total of 6 x 240 litre bins (1 x 240 litre garbage bin and 1 x 240 litre recycling bin for each commercial tenancy). Satisfactory access shall be provided to all bins.

 

60.     Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for the redeveloped portion of the development site, post construction. This plan is to include details of how the waste management arrangements for the proposed development will be integrated into the existing waste management system implemented by Brigidine College.

 

Landscape Conditions:

 

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

 

61.     The landscaped areas shown on the submitted Landscape plan  (Drawing L 01, Job No. 020550 by Mather and Associates Landscape Architects, dated June 2002), 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 trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

          Note: 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.

 

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

 

62.     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.

 

63.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

Tree Management

 

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

 

NOISE EMISSION/ AMENITY CONDITIONS:

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

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

 

66.     The project specific criteria for the use of the premises is (as listed in the acoustical report dated 9 July 2002 prepared by Renzo Tonin and Associates) when measured at the nearest affected receiver boundary:

 

 

 

 

 

 

 

Day (7am – 10pm)

Evening (6pm-10pm)

Night (10pm – 7am)

Location 1: 56 St Paul Street

48 LAeq (15 mins)

48 LAeq (15 mins)

43 LAeq (15 mins)

Location 2: 3 Daintree Crescent

47 LAeq (15 mins)

46 LAeq (15 mins)

44 LAeq (15 mins)

 

The project specific criteria for sleep intrusiveness (as listed in the acoustical report dated 9 July 2002 prepared by Renzo Tonin and Associates) when measured at the nearest affected receiver boundary:

 

 

LA1 Criteria

Location 1: 56 St Paul Street

LA1 less than or equal to  53d B(A)

Location 2: 3 Daintree Crescent

LA1 less than or equal to 54d B(A)

 

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

 

68.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council within one month of the occupation certificate being issued for the development, demonstrating and certifying that noise and vibration emissions from the development comply with the provisions of the Protection of the Environment Operations Act 1997 and conditions of Council’s development consent.

 

The report is also to detail compliance with section 7 of the acoustic report, prepared by Renzo Tonin & Associates dated 9 July 2002.

 

ENVIRONMENTAL POLLUTION AND CONTROL:

 

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:

 

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

 

70.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

FOOD ACT & FOOD PREMISES:

 

The following conditions are applied to ensure compliance with the Food Safety Standards under the Food Act 1989 and Council’s Food Premises Code:

71.     The premises is to be designed and constructed in accordance with the Food Act 1989, Food Safety Standards Code and Council’s Food Premises Code and details of compliance are to be included in the plans and specification for the construction certificate to the satisfaction of the certifying authority.

 

72.     Food safety practices and operation of the food premises must be in accordance with the Food Act 1989 and the Food Safety Standards Code at all times, including the requirements and provisions relating to:

 

·        Food handling – skills, knowledge and controls.

·        Health and hygiene requirements.

·        Requirements for food handlers and businesses.

·        Cleaning, sanitising and maintenance.

·        Design and construction of food premises, fixtures, fitting and equipment.

 

73.     The design and construction of food premises must comply with the following requirements, as applicable:-

 

·        The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, light coloured, non  slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

 

·        The intersection of walls with floor and plinths is to be coved, having a minimum radius of 25mm.

 

·        Walls of the kitchen preparation areas and the like are to be of solid construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall to a minimum height of 2m above the floor level, to provide a smooth even surface.

 

·        Walls where not tiled are to be cement rendered and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

·        The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

 

·        All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc…. to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

·        Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

·        Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings.  An electronic insect control device must also be provided within the food premises.

 

·        Not less than one wash hand basin is to be provided in convenient positions, with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

 

·        Ceramic tiles being provided to a height of 450mm above bench tops, wash hand basins and similar fittings.

 

·        A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius are to be readily accessible to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances. 

 

·        All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

74.     The food premises must comply with the following requirements:-

 

·        Council must be notified in writing, upon completion of the work and prior to the issuing of an occupation certificate, to enable the premises to be inspected by Council’s Environmental Health Officer.

 

STRUCTURAL:

 

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

 

75.     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.

 

76.     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.

 

77.     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.

 

78.     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.

 

79.     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.

 

CONSTRUCTION MANAGEMENT:

 

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:

 

80.     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.

 

81.     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.

 

82.     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.

 

83.     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 relev