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

 

22nd April, 2005

 

ORDINARY COUNCIL MEETING

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 26TH APRIL, 2005 AT 6:00 P.M.

 

 

1           Council Prayer

 

2           Apologies

 

3           Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 22 ND MARCH, 2005.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addresses to the Council by the Public

 

6           Mayoral Minutes

 

6.1                        

MAYOR'S MINUTE 44/2005 - SALVATION ARMY'S RED SHIELD APPEAL - REQUEST FOR WAIVING OF FEES FOR INSTALLATION OF BANNER ACROSS COOGEE BAY ROAD.

2

 

6.2                        

MAYOR'S MINUTE 45/2005 - CLAREMONT COLLEGE, RANDWICK - REQUEST FOR WAIVING OF FEES  ASSOCIATED WITH INSTALLATION OF BANNER ACROSS COOGEE BAY ROAD.

4

 

 

7           General Manager's Reports

 

7.1                      

GENERAL MANAGER'S REPORT 15/2005 - DRAFT 2005-08 MANAGEMENT PLAN.

6

 

7.2                      

GENERAL MANAGER'S REPORT 17/2005 - RENAMING OF STREETS IN PRINCE HENRY DEVELOPMENT SITE.

12

 

7.3                      

GENERAL MANAGER'S REPORT 18/2005 - AFFIXING OF THE COUNCIL SEAL.

14

 


8           Director City Services’ Reports

 

8.1                      

DIRECTOR, CITY SERVICES’ REPORT 36/2005 – TREE PRESERVATION/TREE MANAGEMENT POLICIES AND PROCEDURES REVIEW.

16

 

8.2                      

DIRECTOR, CITY SERVICES’ REPORT 37/2005 – SIGNIFICANT TREE REGISTER.

27

 

8.3                      

DIRECTOR, CITY SERVICES’ REPORT 38/2005 – DOWLING STREET LANDSCAPE BEAUTIFICATION WORKS.

48

 

 

9           Director Governance & Financial Services' Reports

 

9.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 19/2005 - INTERNAL REPORTING SYSTEM - PROTECTED DISCLOSURES ACT.

51

 

9.2                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 20/2005 - SISTER CITY RELATIONSHIPS.

53

 

 

10         Director City Planning Reports

 

10.1                      

DIRECTOR, CITY PLANNING REPORT 20/2005 - 1430 ANZAC PARADE, LITTLE BAY.

55

55

10.2                      

DIRECTOR, CITY PLANNING REPORT 21/2005 - 30 FLOWER STREET, MAROUBRA.

104

 

10.3                      

DIRECTOR, CITY PLANNING REPORT 22/2005 25 BYRNE CRESCENT, MAROUBRA.

114

 

10.4                      

DIRECTOR, CITY PLANNING REPORT 23/2005 - 120 BROOK STREET, COOGEE.

154

 

10.5                      

DIRECTOR, CITY PLANNING REPORT 24/2005 - 30 - 32 EASTBOURNE AVE, CLOVELLY.

234

 

10.6                      

DIRECTOR, CITY PLANNING REPORT 25/2005 - DRAFT LIQUOR AMENDMENT LEGISLATION.

308

 

 

11         Petitions

 

12         Motions Pursuant to Notice

 

12.1                        

Notice of Rescission Motion by Councillors Andrews, Bastic, Daley, Procopiadis & White  - Ordinary Council Meeting, Tuesday, 22nd March, 2005 – Item 8.7 - Director, City Services' Report 29/2005 - Strategic Plan for Parking Meter Operation.

322

12.2

By Councillors Tracey & Kenny – Street Tree Vandalism in North Clovelly

323

12.3

By Councillor Belleli – Improvement Programs at Malabar Junction. 

323

12.4

By Councillor Belleli – Acquisition of Banners.

323

12.5

By Councillor Notley-Smith – High Cross Precinct Civic Improvements.

323

12.6

By Councillor Notley-Smith – Web Casting of Council & Committee Meetings.

323

12.7

By Councillor Nash – Land Use, Traffic & Transport Plan.

323

12.8

By Councillor Andrews – Passing of Pope John Paul II.

324

12.9

By Councillor Woodsmith – Acquisition of Literary Institute.

324

 

 

13         Urgent Business

 

14         Confidential Reports

 

14.1                        

CONFIDENTIAL GENERAL MANAGER'S REPORT 16/2005 -   IMPLEMENTATION OF COUNCILS ONLINE SOLUTION.

325

 

14.2                        

CONFIDENTIAL GENERAL MANAGER'S REPORT 19/2005 - COMPENSATION TO TENANTS AT BOWEN LIBRARY

326

 

 

15         Committee-of-the-Whole

 

16         Report of Committee-of-the-Whole

 

17         Notice of Rescission Motions

 

 

 

 

 

…………………..…………

GENERAL MANAGER


 

MAYOR'S MINUTE 44/2005

 

 

SUBJECT:

SALVATION ARMY'S RED SHIELD APPEAL - REQUEST FOR WAIVING OF FEES FOR INSTALLATION OF BANNER ACROSS COOGEE BAY ROAD

 

 

DATE:

13 April, 2005

FILE NO:

98/S/2311

 

 

 

REPORT BY:            MAYOR   

 

 

INTRODUCTION:

 

A letter has been received from Captain Phil Gluyas of the Eastern Beaches Salvation Army advising that the Army’s Red Shield Appeal is being held on 29 May this year. The Army seeks Council assistance with the installation and dismantling of a banner across Coogee Bay Road prior to the Appeal, informing residents and visitors that the Appeal is being held.

 

ISSUES:

 

It has been the practice to assist charities or non-profit organisations on a needs basis. There is no allocated budget for this type of activity so Council needs to allocate the funds required for waiving the fee which amount to $1,085.50.

 

 

FINANCIAL IMPACT STATEMENT:

 

 

Application fee                         $    85.00

Install and dismantle banner                   $  544.50

Road hire fee                                        $  456.00

Total                                                    $1085.50

 

 

CONCLUSION:

 

It is considered that Council could help the Appeal by waiving the fees associated with the installation and dismantling of a banner across Coogee Bay Road and funds be allocated from the Contingency Fund 2004/2005.

 

 

RECOMMENDATION:

 

a)   That Council vote to waive the fees associated with the installation and dismantling of a banner across Coogee Bay Road and funds be allocated from the Contingency Fund 2004/05;

 

b)   The Appeal organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution during the campaign; and

 

c)   The Mayor or his representative be given the opportunity to address the Appeal on behalf of Council.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 45/2005

 

 

 

SUBJECT:

CLAREMONT COLLEGE, RANDWICK - REQUEST FOR WAIVING OF FEES  ASSOCIATED WITH INSTALLATION OF BANNER ACROSS COOGEE BAY ROAD.

 

 

DATE:

13 April, 2005

FILE NO:

98/S/2311

 

 

 

REPORT BY:            MAYOR    

 

 

INTRODUCTION:

 

A letter has been received from Ms Frances Taylor-Wood, President of Claremont College Randwick Parents and Friends Association advising that the College is holding its biannual  Spring Fair on 17 September, 2005.

 

The College is seeking Council’s assistance by waiving of fees in light of the community nature of the event and the long standing contribution Claremont College has made to the local area.

 

ISSUES:

 

It has been the practice to assist charities or non-profit organisations on a needs basis and as there is no allocated budget for this type of activity, Council needs to allocate the funds required for waiving the fee which amount to $1,085.50.

 

 

FINANCIAL IMPACT STATEMENT:

 

Application fee                         $    85.00

Install and dismantle banner                   $  544.50

Road hire fee                                        $  456.00

Total                                                    $1085.50

 

 

CONCLUSION:

 

It is considered that Council could assist Claremont College by waiving the fees associated with the installation and dismantling of a banner across Coogee Bay Road and funds be allocated from the Contingency Fund 2004/2005.

 

RECOMMENDATION:

 

a)   That Council vote to waive the fees associated with the installation and dismantling of a banner across Coogee Bay Road and funds be allocated from the Contingency Fund 2004/05;

 

b)   The Spring Fair organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution during the campaign; and

 

c)   The Mayor or his representative be given the opportunity to address the Fair on behalf of Council.

 

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 

 

 

 

 

 


 

GENERAL MANAGER'S REPORT 15/2005

 

 

SUBJECT:

DRAFT 2005-08 MANAGEMENT PLAN

 

 

DATE:

18 April, 2005

FILE NO:

F2005/00378

 

 

 

REPORT BY:            GENERAL MANAGER      

 

 

INTRODUCTION:

 

Section 402 of the Local Government Act 1993 requires each council to prepare a draft management plan each year, setting out:

 

(a)        The Council’s activities for at least the next 3 years, and

 (b)       The Council’s revenue policy for the next year.

 

The Act specifies in more detail the information that is to be included in the draft management plan:

 

s403    Contents of draft management plan with respect to council's work and activities

 

(1)        The draft management plan must contain the following statements with respect to the council's activities for the period to which it relates:

·    a statement of the principal activities that the council proposes to conduct

·    a statement of the objectives and performance targets for each of its principal activities

·    a statement of the means by which the council proposes to achieve these targets

·    a statement of the manner in which the council proposes to assess its performance in respect of each of its principal activities

·    statements with respect to such other matters as may be prescribed by the regulations.

 

(2)        The statement of principal activities must include the following particulars:

·    capital works projects to be carried out by the council

·    services to be provided by the council

·    asset replacement programs to be implemented by the council

·    sales of assets to be conducted by the council

·    activities of a business or commercial nature to be undertaken by the council

·    human resource activities (such as training programs) to be undertaken by the council

·    activities to properly manage, develop, protect, restore, enhance and conserve the environment in a manner that is consistent with and promotes the principles of ecologically sustainable development

·    activities in response to, and to address priorities identified in, the council's current comprehensive report as to the state of the environment and any other relevant reports

·    programs to be undertaken by the council to implement its equal employment opportunity management plan.

 

s404    Contents of draft management plan with respect to council's revenue policy

 

(1)        A draft management plan must include the following statements with respect to the council's revenue policy for the next year, subject to the regulations:

·    a statement containing a detailed estimate of the council's income and expenditure

·    a statement with respect to each ordinary rate and each special rate proposed to be levied

·    a statement with respect to each charge proposed to be levied

·    a statement of the types of fees proposed to be charged by the council and the amounts of each such fee

·    a statement of the council's pricing policy with respect to the goods and services provided by it

·    a statement of the amounts or rates proposed to be charged for the carrying out by the council of work on private land

·    a statement of the amounts of any proposed borrowings (other than internal borrowing), the sources from which they are proposed to be borrowed and the means by which they are proposed to be secured

·    statements with respect to such other matters as may be prescribed by the regulations.

 

(2)        The statement with respect to an ordinary or special rate proposed to be levied must include the following particulars:

§ the ad valorem amount (the amount in the dollar) of the rate

§ whether the rate is to have a base amount and, if so:

                                                      -the amount in dollars of the base amount, and

-the percentage, in conformity with section 500, of the total amount payable by the levying of the rate, or, in the case of the rate, the rate for the category or sub‑category concerned of the ordinary rate that the levying of the base amount will produce

§ the estimated yield of the rate

§ in the case of a special rate‑the purpose for which the rate is to be levied

§ the categories or sub‑categories of land in respect of which the council proposes to levy the rate.

 

(3)        The statement with respect to each charge proposed to be levied must include the following particulars:

§ the amount or rate per unit of the charge

§ the differing amounts for the charge, if relevant

§ the minimum amount or amounts of the charge, if relevant

§ the estimated yield of the charge.

 

(4)        A draft management plan must include a statement containing a general estimate of the council's income and expenditure for the second and subsequent years for which the draft management plan is prepared.

 

(5)       The statement of fees and the statement of the pricing policy need not include information which could confer a commercial advantage on a competitor of the Council.

 

s405 Public notice of draft management plan

(1)  A council must give public notice of its draft management plan

(2)  The period of public exhibition must not be less than 28 days

(3)  The public notice must specify that submissions may be made to the council at any time during the period of public exhibition

 

s406 Adoption of management plan

Before the end of each year, a council must adopt a management plan for the following year after it has been prepared and exhibited. In deciding on the final plan to be adopted, a council must take into consideration any submissions that have been made concerning the draft management plan prepared and exhibited.

 

ISSUES:

 

Provided under separate cover is the Draft Management Plan including the five-year projections, a detailed Draft estimates of income and expenditure and a copy of the Draft Statement of fees, charges and pricing policy.

 

The Draft Management Plan describes the strategic direction of Council and provides a management tool for its achievement. It outlines the planning process applied in developing the framework for the management plan which is focused on the outcomes that Council is aiming to achieve and the major strategies that will be implemented to support the achievement of these outcomes.

 

The Draft Management Plan also includes other key plans and strategies such as the Social Plan, the EEO Plan, the State of the Environment Report and the Financial Plan. It also incorporates the five-year financial projections that will underlie our planning. 

 

The Budget for 2005/06 proposes a balanced and sustainable budget. It is proposed that there will be an increase in the net operating surplus and increased spending on core works and activities. The key service standard levels relating to the maintenance of our parks and gardens and the cleanliness of our public places and beaches have been increased and this will deliver better services and facilities to the community.

 

Expanded services included in the Draft Budget total $3,248,003 and will see the introduction of a number of new programs such as:

·    Mechanical footpath sweeping program

·    Graffiti management

·    Increased Weed eradication program

·    Town Centres Maintenance team.

·    All parks and gardens will be maintained 18 times (rather than 12 times) each year

·    Additional staff devoted to beach cleaning

 

The Draft Budget is based on a rate increase of 3.5% and the revenue raised from rates and charges represent about 63% of Council’s operating revenue. 

 

The documents attached to this report provide detailed information and projections of the source and application of funds, operating result from ordinary activities, and the estimated balances of financial reserves. 

 

Environmental Levy

 

In 2004/05 the Minister approved a special environmental levy of 6% to fund a comprehensive range of environmental programs and initiatives with the aim of achieving a substantial enhancement of Randwick’s environment.  The levy is included in the 2005/06 Budget.

 

In 2005/2006 new projects funded by this program will include:

·    Completion of further sections of the Coastal walkway

·    Dune protection at Yarra Bay and Frenchman’s Bay

·    Installation of more Gross Pollutant Traps to prevent rubbish entering and polluting our marine waters

·    A comprehensive Water Conservation strategy

·    Energy and greenhouse reduction as part of the Cities for Climate Protection Program

·    Education and learning activities for local schools and the community

 

 

Domestic Waste Management Charge

 

Under S.496 of the Local Government Act 1993, Council must make and levy an annual charge for providing domestic waste management services. Under S.504 of the Act, income from the charge must not exceed the reasonable cost to Council of providing those services. The domestic waste management charge is proposed to increase from $262 to $281.60 for each residential occupancy.

 

The small increase will cover the costs of the increasing use of the on-call clean up service, the expanding green waste service and CPI adjustments.

 

Rates To Be Levied

 

Land within the City of Randwick is categorised as either Residential or Business for rating purposes under the Local Government Act 1993.

 

Council has resolved not to use base rates.  It has decided to apply ad valorem rates on all parcels of rateable land, and subject the land to minimum rate charges.

 

Council has based the Draft Budget on the permissible increase in rates income of 3.5% -

 

Accordingly, it is proposed to levy an ad valorem rate of  0.22179 cents in the dollar on all parcels of rateable residential land (subject to a minimum charge of $490.90), and an ad valorem rate of 0.85474 cents in the dollar on all rateable business land (subject to a minimum charge of $823.30) for 2005/06.

 

The following table sets out details of the proposed rates levy:

 

 

3.5%  INCREASE

3.5%  INCREASE

TYPE   (ORDINARY)

Residential Rate

Business Rate

CENTS IN THE DOLLAR

0.22179

0.85474

MINIMUM RATE

$490.90

$823.30

EST. GROSS YIELD

$35,309,617

$9,654,513

 

 

INTEREST CHARGES

 

The Minister has not determined the maximum interest for 2005/2006. It has been estimated that where rates or charges are unpaid after they become due and payable, interest shall accrue on a daily basis at the rate of 10% per cent per annum simple interest in accordance with S.566 of the Local Government Act 1993. 

 

 

FINANCIAL IMPACT STATEMENT:

 

Council is in a strong financial position and with the implementation of the Long Term Financial Plan, the Council will be well placed and financially sustainable in the future. The Draft Budget is balanced and includes an increased operating surplus as well as increased levels of service. It is proposed to increase the level of Capital Works. The operating surplus is not being funded by any sale of property.

 

CONCLUSION:

 

The draft management plan and the associated documents are now tabled for Council’s consideration.  Following the adoption of these drafts, the Draft Management Plan must be placed on public exhibition for a minimum of 28 days.

 

 

 

 

RECOMMENDATION:

 

That:

 

(a)        the Draft Management Plan be placed on public exhibition for not less than 28 days, from 27 April 2005 to 27 May 2005, inviting submissions from the public; and

 

(b)        at the conclusion of the period of public exhibition a meeting of Council is held to consider any submissions made concerning the Draft Plan, and after taking into consideration such matters, as it considers relevant, Council adopt the Management Plan.

 

 

ATTACHMENT/S:

 

ALL UNDER SEPARATE COVER

1. DRAFT MANAGEMENT PLAN 2005-08 – to be circulated prior to the meeting.

2. DRAFT BUDGET 2005-06

3. DRAFT FEES AND CHARGES 2005-06

4. DLG CIRCULAR 5/11 VARIATION OF GENERAL INCOME FOR 2005-06

   

 

 

 

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

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 17/2005

 

 

SUBJECT:

Renaming of Streets in Prince Henry Development Site

 

 

DATE:

19 April, 2005

FILE NO:

F2004/07140

 

 

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

At the meeting of 22 March 2005 Council considered a Mayoral Minute regarding the “Renaming of streets in the Prince Henry Development Site” and resolved to:

 

a)         Note the submissions from PHHTNA and accept the need to better record the historical significance of the site by renaming some of the Prince Henry Hospital site streets to recognise the contribution made by former staff;

 

b)         Write to Landcom to inform them of our intent to rename six of the Prince Henry Hospital development site streets upon their future dedication to Council; and

 

c)         Authorise the Mayor and General Manager to liaise with Landcom to seek their support for the proposed renaming to occur prior to the planned dedication to Council.

 

ISSUES:

 

The Mayor and myself subsequently met with Mr Garry Bauer Senior Development Director – Landcom.  Landcom advised that:

 

·    Road names have already been gazetted and included in Landcom’s marketing material.

·    Although road names chosen in the 1960s were of individuals without specific association with Prince Henry, they were of broader medical personalities whose discoveries influenced medicine.

·    Existing roads and their names are significant heritage items.

·    Landcom facilitated key stakeholder consultation groups including the November 2004 workshop, which agreed on the key principle that existing names should remain in place.  The thoroughness of the consultation was recognised by councillors at the February 2005 meeting.

·    Changing one or two names as a result of an ad hoc approach begins to dismantle the integrity and significance of the whole process.

 

Landcom advised that it has demonstrated its acknowledgement of the contribution of the nurses through the refurbishment of Flower Ward as “Nursing and Medical Museum”.

 

The establishment of the “Nurses Walk” linking the “Nurses Home” with the “Flower Ward” will incorporate memorial elements to commemorate the significant role of the nurses.  The retention of the Australian Nurses Interdenominational War Memorial Chapel further commemorates the war time efforts of the nurses.

 

Landcom has advised that there is also scope in using “name bank” which has been put forward as a part of “Prince Henry Interpretation Strategy” for naming the new unnamed private roads as well as the Community Centre.  Landcom indicated that it will be happy to give priority to the two names identified by the Prince Henry Hospital Trained Nurses Association (PHHTNA).

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

As highlighted above the road names have been introduced through a consultative process  having regard to the heritage significance of the site.  The names have been already gazetted and been used in marketing and promotional material.

 

There is scope to name other new roads and the Community Centre as suggested by PHHTNA.  This is considered to be a satisfactory solution.

 

RECOMMENDATION:

 

That Council received and notes this report.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

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

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 18/2005

 

 

SUBJECT:

AFFIXING OF THE COUNCIL SEAL

 

 

DATE:

20 April, 2005

FILE NO:

F2004/07637 xr F2004/06336

 

 

REPORT BY:            GENERAL MANAGER    

 

 

INTRODUCTION:

 

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

 

ISSUES:

 

It is necessary for the Council’s Seal to be affixed to the signing of agreements between Council and –

 

1.         Dienicy Macedo in relation to a residential lease over the premises located at 5/20 Silver Street, Randwick.

2.         Randwick Information & Community Centre in relation to a lease for Suite 1, Ground Floor, 669-673 Anzac Parade, Maroubra, for the purpose of a community centre.

3.         Randwick Information & Community Centre in relation to a lease for Office, Level 2, 669-673 Anzac Parade, Maroubra, for the purpose of a community centre.

4.         Emma Danielle, Brian Scales, Fiona Gonzalez and Zoe Burke on behalf of Randwick Community Organic Garden in relation to a licence for part of Paine Reserve (No. 63933), for the purpose of operation and management as a community organic garden centre.

5.         South East Neighbourhood Centre Inc in relation to a licence for Stalls 1 & 2, 1 Rainbow Street, Kingsford for the purpose of a packaging room for food distribution.

 

FINANCIAL IMPACT STATEMENT:

 

Council will receive in signing of these agreements the following income –

 

1.         $953.33 per month for a twelve month lease of 5/20 Silver Street, Randwick from Dienicy Macedo.

2.         $25,000 per annum for a five (5) year lease of Suite 1, Ground Floor, 669-673 Anzac Parade, Maroubra from Randwick Information Centre, which will be subsidised by Randwick City Council’s Community Services Department thus reducing the income to $1.00 per annum for five years.

3.         $74,400 per annum for a five (5) year lease of Office, Level 2, 669-673 Anzac Parade, Maroubra from Randwick Information Centre, which will be subsidised by Randwick City Council’s Community Services Department thus reducing the income to $49,400 per annum for five years.

4.         $70 per annum for a five (5) year licence of part of Paine Reserve from Randwick Community Organic Garden Inc.

5.         $520 per annum for a two (2) year licence of Stalls 1 & 2, 1 Rainbow Street, Kingsford from South East Neighbourhood Centre.

 

CONCLUSION:

 

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

 

RECOMMENDATION:

 

That authority be granted for the Council’s Common Seal to be affixed to the agreements between Council and –

 

1.   Dienicy Macedo in relation to a residential lease over the premises located at 5/20 Silver Street, Randwick.

2.   Randwick Information & Community Centre in relation to a lease for Suite 1, Ground Floor, 669-673 Anzac Parade, Maroubra, for the purpose of a community centre.

3.   Randwick Information & Community Centre in relation to a lease for Office, Level 2, 669-673 Anzac Parade, Maroubra, for the purpose of a community centre.

4.   Emma Danielle, Brian Scales, Fiona Gonzalez and Zoe Burke on behalf of Randwick Community Organic Garden in relation to a licence for part of Paine Reserve (No. 63933), for the purpose of operation and management as a community organic garden centre.

5.   South East Neighbourhood Centre Inc in relation to a licence for Stalls 1 & 2, 1 Rainbow Street, Kingsford for the purpose of a packaging room for food distribution.

 

 

ATTACHMENT/S:

 

Nil

 

 

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

GENERAL MANAGER


 

Director, City Services' Report 36/2005

 

 

 

SUBJECT:

TREE PRESERVATION/TREE MANAGEMENT POLICIES AND PROCEDURES REVIEW  

 

 

DATE:

19 April, 2005

FILE NO:

F2004/07359

 

 

REPORT BY:            DIRECTOR, CITY SERVICES    

 

INTRODUCTION:

 

Council at its Ordinary Council Meeting held on Tuesday, 23 November, 2004, resolved to review and amend as required a variety of tree management policies and/or procedures as part of a broader review of tree policy practices.

 

Council’s resolution contained a range of short term measures which included a review of its Tree Preservation Order (TPO) and a number of tree-related application forms and tree assessment procedures.

 

The purpose of this report is to advise Council of the progress of the new procedures and initiatives.

 

ISSUES:

 

The short-term measures adopted by Council at its Ordinary Council Meeting held on Tuesday, 23 November, 2004, are chronologically detailed below with a description of any relevant review that has taken place as well as any amendments that have been implemented.

 

1.   That Council amend its ‘Application for permit to prune/remove tree/s’ to make it clear that it is an application for a permit under Clause 28 (Sub-clause 6) of the Randwick LEP and not for development consent under Clause 28 (Sub-clause 5);

 

A variety of changes have been made to this document and it has been reviewed by Council’s legal representatives to ensure it complies with the relevant requirements.

 

2.   That Council incorporates a more comprehensive evaluation checklist into its tree assessment procedures that includes not only the health, safety and appropriateness of the subject tree/s but also its scenic/environmental amenity and its significance within the surrounding vegetation system and natural wildlife habitats;

 

 

 

A comprehensive Tree Assessment form has been drafted by Council’s tree management team for the assessment of trees on both private property and Council land that incorporates environmental/scenic amenity and habitat/food source into any such assessment.

 

3.   That Council amends the existing Development Application form to cater for tree specific issues and to incorporate a comprehensive tree-related assessment checklist;

 

Council’s Tree Management Officer and Manager – Development Assessments have collaborated to produce a ‘Development Application for Tree Works’ and a ‘Development Application – Tree Works Assessment Report’.

 

The first document would be lodged with Council by the owner of a heritage item property or a property in a heritage conservation area when they require works to be undertaken on tree/s on their property and the assessment report would then be completed by the Council tree officer undertaking any such assessment.

 

In order to facilitate the timely and effective assessment and determination of Development Applications for trees, it is considered appropriate to provide delegation of authority to the tree assessment officers to assess such DAs and that the Tree Management Officer be given delegation to determine those DAs.

 

4.   That Council amends its Tree Preservation Order to include a number of Exempt Activities where consent is not required for specific tree works as well as an expanded Schedule of exempt species;

 

Council’s Tree Preservation Order has been completely re-drafted as required to correct anomalies in the wording of the previous document identified by Council’s legal representatives as well as to incorporate a number of exempt activities required to be undertaken by Council tree maintenance staff in the performance of their tree management duties.

 

A copy of that revised document is attached for consideration by Council.

 

Points 5, 6 and 7 of Resolution 295 deal specifically with tree-related procedural matters and these are now being implemented by tree management staff  (copy of Resolution 295 attached).

 

Long-term Measures

 

As well as the range of short-term recommendations detailed above, there were four long-term recommendations adopted by Council as part of that same resolution.

 


 

Those recommendations are currently still under review by the appropriate Council officers and, because of their complexity and policy implications, they have not yet been finalised.

 

However, Point 2 of those long-term recommendations approved the commissioning of a Significant Tree Register to include all trees of designated significance on both private and public land to be funded under the Environmental Levy Program.

 

A report on the structure and implementation of that Register has been forwarded to Council for consideration and approval.

 

FINANCIAL IMPACT STATEMENT:

 

Funding of $50,000 has been specifically allocated by Council under its Environmental Levy Program for the commissioning of a Significant Tree Register to include all trees of designated significance on both private and public land throughout the City of Randwick.

The four previously mentioned short-term recommendations have been implemented by Council officers at no additional cost to Council and these will be incorporated into Council’s tree assessment/management procedures as appropriate.

 

CONCLUSION:

 

Council’s Resolution 295 contained seven short-term recommendations relating to the management of both private and public tree assets throughout the City.

 

Recommendations 5, 6 and 7 dealt specifically with policy issues and procedures involving the Greening Randwick Committee, Works Committee and/or the Health and Building Planning Committee where significant trees were involved

 

These recommendations have been incorporated into Council’s tree management procedures and are to be undertaken as a matter of course.

 

Recommendations 1-4 involved a range of documents utilised in the implementation of Council’s Tree Preservation Order and associated policies as well as introducing a much more comprehensive and stringent inspection/assessment regime into the tree management process.

 

The recommendations contained in Points 1-4 of that resolution have now been addressed and implemented and the  revised Tree Preservation Order – 2005 is attached for Council’s consideration and approval.

 

RECOMMENDATIONS:

 

THAT Council approve the revised Randwick City Council Tree Preservation Order 2005.

 


 

ATTACHMENT/S:

 

Randwick City Council Tree Preservation Order 2005 - revised draft.

Copy of Resolution 295  

 

 

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

BRYAN BOURKE

DIRECTOR, CITY SERVICES

TREE MANAGEMENT OFFICER

 

 

 


 

REVISED DRAFT AS AT 21 MARCH 2005

 

RANDWICK CITY COUNCIL

Tree Preservation Order 2005

 

On [date] the Council of the City of Randwick resolved to make this Tree Preservation Order (TPO) and to rescind all other Tree Preservation Orders on and from its coming into force.  Notice of the making of this Order was published on [date] in the Government Gazette and on [date] in the following newspapers:  [name].

 

1.         Introduction

 

a.         This Tree Preservation Order (TPO) is made pursuant to Clause 28 of the Randwick Local Environmental Plan 1998 (RLEP).

 

b.         The objectives of the TPO are:

 

i.          to encourage the proper management of trees within the City of Randwick for the purpose of promoting a better environment;

 

ii.          to encourage the planting, maintenance and healthy and safe preservation of appropriate trees for the benefit of the community;

 

iii.         to ensure the conservation of the environmental heritage and aesthetic character of the City;

 

iv.         to promote, protect and enhance the environmental qualities of the City;

 

v.         to recognise the importance of ecological sustainability in the planning and development processes;  and

 

vi.         to establish procedures for the proper management of trees in order to minimise the unnecessary loss of significant tree resources.

 

2.         Land to which this TPO applies

 

This TPO applies to all land within the Local Government area of the City of Randwick.

 

3.         Trees covered by this TPO

 

The trees covered by this TPO are:

 

 

a.         any palm tree, cycad or tree fern;

 

            b.         any tree in bushland;

 

c.         any tree on public land;  and

 

d.         any other tree with:

 

i.          a height equal to or exceeding 6 metres;  or

 

ii.          a canopy width equal to or exceeding 4 metres;  or

 

iii.         for a single trunk tree species, a trunk circumference equal to or exceeding one (1) metre at a height of one (1) metre above ground level;  or

 

iv.         for a multi-trunk tree species, a combined trunk circumference (measured around the outer girth of the group of trunks) equal to or exceeding one (1) metre at a height of one (1) metre above ground level.

 

4.         Prohibition on ringbarking, etc, any tree

 

a.         Subject to subclause (b) of this Clause 4 a person must not on land to  which this TPO applies ringbark, cut down, top, lop, remove, injure or  destroy any tree covered by this TPO without the consent of the  Council.

 

Note:  Pruning, transplanting, root cutting and poisoning a tree would come within this prohibition as would indirect activities that could injure a tree, such as altering the soil level by more than 200mm within 3 metres of the trunk of a tree.  Consent for such activities is therefore required.

 

b.         Subclause (a) of this Clause 4 does not apply:

 

i.          where it can be demonstrated to the satisfaction of the Council that the tree is dying, dead or has become dangerous;

 

ii.          where the tree is dealt with in accordance with a permit granted under Clause 5;

 

iii.         to the trimming or removal of a tree under section 48 of the Electricity Supply Act 1995;

 

iv.         to the pruning of any tree in accordance with the Australian Standard to provide 0.5 metre clearance of insulated domestic electricity supply cables;

 

v.         to any work carried out by the Council, the State Emergency Services or a person authorised by either of them for safety reasons in response to an emergency;

 

vi.         to the pruning, maintenance, removal or replacement of any street tree, park tree or other tree in a public space or on public land under the care, control and management of Randwick City Council in order to abate any potential or actual danger to persons and/or property and provided such pruning, maintenance, removal or replacement is carried out by persons authorised by Council and in accordance with the Australian Standard;

 

vii.        to any tree growing within two (2) metres of any building comprising a residential dwelling (detached, attached or multi-unit housing) or any retail, commercial, factory, warehouse or storage building (not being an out building) measured horizontally from the closest point of the trunk at one (1) metre from ground level to the closest point of the vertical alignment of the building structure which may be the eave, guttering or fixed awning of the building;

 

viii.       to the control, removal or destruction of any tree of a species of plant declared under the Noxious Weeds Act 1993 to be a noxious weed in respect of land within the City of Randwick;

 

ix.         to the removal, transplanting or pruning of any tree of a species in the table below, so long as the work is done in accordance with Australian Standard.

 

Botanical Name                                             Common Name

 

Ligustrum species                                          Privet

Ailanthus altissima                                          Tree of Heaven

Ficus elastica                                                  Rubber tree

Schefflera actinophylla                                   Umbrella tree

Ochna serrulata                                              Ochna

Nerium oleander                                             Oleander

Cotoneaster species                                      Cotoneaster

Erythrina species                                            Coral tree

Syagrus romanzoffianum                               Cocas palm

Olea europea var. africana                             African Olive

 

5.         Permit

 

a.         Application for a permit to deal with a tree must be made in writing on the application form available from the Council and be accompanied  by the administration fee determined from time to time by the Council.

 

b.         The administration fee is to cover the cost of administration, site visit, assessment and determination of the application.  It is non-refundable.

 

c.         Before granting a permit the Council must make an assessment of the importance of the tree or trees concerned in relation to:

 

i.          soil stability and prevention of land degradation, and

 

ii.          scenic or environmental amenity, and

 

iii.         vegetation systems and natural wildlife habitats.

 

d.         In granting a permit the Council may impose conditions including but not limited to the following:

 

i.          requiring a copy of the permit to be displayed on the land where the work covered by the permit is to be carried out for a specified period before and after the carrying out of the work;

 

ii.          requiring the permit to be available for inspection by an officer of the Council during the carrying out of the work covered by the permit;

 

iii.         where the permit allows for the destruction or removal of a tree or trees, requiring the planting of a replacement tree or trees;

 

iv.         where replanting is made a condition of a permit, requiring the protection and care of the new tree or trees for a specified period so that the tree or trees remain in good health and are likely to reach natural size and maturity;

 

v.         specifying the period during which the permit will remain in force being not more than one (1) year from the date it is granted;

 

vi.         providing that the permit will cease to have effect if a development application is lodged where the proposed development includes work covered by the permit.

 

6.         Penalties

 

Contravention of this TPO is an offence against the Environmental Planning and Assessment Act 1979 which provides:

 

a.         that a person guilty of an offence against the Act shall, for every such         offence, be liable to a penalty;  and

 

b.         that were a person is guilty of an offence involving the destruction of           or damage to a tree the Court dealing with the offence may, in addition    to or in substitution for any pecuniary penalty imposed or liable to be             imposed, direct that person;

 

i.          to plant new trees and vegetation and maintain those trees and vegetation to a mature growth;  and

 

ii.          to provide security for the performance of any obligation imposed under paragraph (i) of this subclause (b).

 

Note:  See s126 for the penalty amount.  At the date of this TPO the maximum penalty for an offence under the Act is $1,100.000 or $110,000 if the proceedings for the offence are brought in the Local Court.

 

7.         Information for Applicants

 

            a.         Where a tree is listed as a heritage item in Schedule 3 to the RLEP or is within a heritage conservation area development consent is required for development that involves demolishing (removing), defacing (pruning/lopping), damaging (including root cutting) or moving the tree and a permit will not be sufficient to authorise any such activity.

 

b.         Where a tree is located on public land and is causing view loss to the occupier of neighbouring private land, application may be made to Council for a permit in accordance with clause 5 above to prune the tree for the purpose of reducing view loss PROVIDED that:  any such application for permit is supported by a report of a suitably qualified arborist detailing the proposed pruning and certifying that such pruning will not compromise the health or integrity of the tree and will be carried out in accordance with the Australian Standard.

 

If the permit is granted, the proposed pruning must be carried out to Council’s satisfaction by a suitably qualified arborist at the cost of the applicant.

 

Note:  Nothing in this subclause 7b. shall be construed to fetter Council’s discretion in determining the application for permit.

 

c.         Where the Council refuses to grant a permit to deal with a tree or grants a permit subject to conditions with which the applicant is dissatisfied, there is no right of appeal to the Land and Environment Court.  However, such refusal does not preclude the applicant from lodging an application for development consent to deal with the tree.  Should the Council refuse the development application or grant it subject to conditions with which the applicant is dissatisfied, the applicant may then appeal to the Land and Environment Court against the refusal of development consent or the conditions of that consent, as the case may be.

 

8.         Definition of Terms

 

            a.         Unless the context indicates otherwise, words used in this TPO have                                 the same meaning as those words have in the RLEP.

 

b.         In this TPO,

 

Australian Standard means Australian Standard AS 4373 - 1996 Pruning of Amenity Trees;

 

bushland has the same meaning as that defined in State Environmental Policy No. 19 - Bushland in Urban Areas;

 

height means the distance measured vertically between the horizontal plane of the lowest point of the base of the tree which is immediately above ground and the horizontal plane of the uppermost point of the tree;

 

public land means any land which the public use or are entitled to use for a public purpose including but not limited to a public reserve, a public place, a public road, crown land, community land, public open space, a public walkway and a common;

 

tree means a highly compartmentalised, perennial, woody (or fibrous) shedding plant that is usually tall, single stemmed and long lived;

 

width means the distance measured horizontally (in metres) between the two widest points of the tree’s canopy.

 

 


 

MINUTES OF ORDINARY COUNCIL MEETING OF

THE COUNCIL OF THE CITY OF RANDWICK

HELD ON TUESDAY, 23RD NOVEMBER, 2004 AT 6:09 P.M.

 

 

8.2     GENERAL MANAGER'S REPORT 36/2004 - TREE PRESERVATION/TREE MANAGEMENT POLICIES AND PROCEDURES REVIEW.  (98/S/2004)

 

295        RESOLUTION: (Nash/Woodsmith)

 

a)         that in the short term:

 

1.         Council amend its ‘Application for permit to prune/remove tree/s’ to make it clear that it is an application for a permit under Clause 28 (Sub-clause 6) of the Randwick LEP and not for development consent under Clause 28 (Sub-clause 5);

 

2.         Council incorporates a more comprehensive evaluation checklist into its tree assessment procedures that includes not only the health, safety and appropriateness of the subject tree/s but also its scenic/environmental amenity and its significance within the surrounding vegetation system and natural wildlife habitats;

 

3.         Council amends the existing Development Application form to cater for tree specific issues and to incorporate a comprehensive tree-related assessment checklist;

 

4.         Council amends its Tree Preservation Order to include a number of Exempt Activities where consent is not required for specific tree works as well as an expanded Schedule of exempt species;

 

5.         the Greening Randwick Committee only deal with policy issues relating to the management and/or removal of significant tree assets;

 

6.         any reports that are considered at the Greening Randwick Committee shall be referred in their entirety together with any recommendations of the Greening Randwick Committee to the Works Committee; and

 

7.         any TPO applications and or request for the removal of significant trees  be considered at a meeting of either a Committee or Council that has full delegations to determine the matter.  The Works committee shall consider and determine any TPO applications (not subject to delegated authority) and the Health Building & Planning Committee shall consider and determine any development applications (not subject to delegated authority) associated with the removal of significant trees.

 

 

b)         that in the long term:

 

1.         Council amends its Randwick Local Environmental Plan 1998 to only refer to trees of significance under Clause 43 and 49;

 

2.         in conjunction with the above recommendation Council commissions a Significant Tree Register to include all trees of designated significance on both private and public land funded under the Environmental Levy Program;

 

3.         Council investigates the proposal to apply the same development control regime as applies to other forms of development under the NSW EPA Act 1979 to its trees; and

 

4.         in conjunction with this resolution, Council investigates the drafting of a Tree Technical Manual that will clearly establish and define the specific technical regulations, standards and specifications necessary to fulfil its tree preservation obligations and achieve its long term tree management goals.

 

(c)        it be noted that the General Manager had circularised a memorandum to the Councillors dated 23rd November, 2004 indicating that, owing to a technical error the following paragraph had been omitted from page 8 of this report dated 17th November, 2004.

 

Further it is proposed that at the next Greening Randwick Committee meeting a new policy will be put to Council on Urban Forest and Street Trees. It is envisaged that this document will assist Council in determining the policy direction of the community’s street trees.”

 

 

 

 


 

Director, City Services' Report 37/2005

 

 

 

SUBJECT:

SIGNIFICANT TREE REGISTER

 

 

DATE:

19 April, 2005

FILE NO:

F2004/07359

 

 

REPORT BY:            DIRECTOR, CITY SERVICES  

 

INTRODUCTION:

 

Randwick City Council has an important resource in its trees but recent history has shown that these valuable assets need to be protected from an increasing number of threats such as unsympathetic property development and indiscriminate tree felling.

There are many individual trees and groups of trees within the City of Randwick that are considered to be of significance. It is important that these trees are recognised, documented and provided appropriate protection to ensure their immediate retention and longevity.

One of the most effective instruments for helping to ensure the retention of significant tree assets throughout the City is a Significant Tree Register. Such a Register would contain a broad range of significance criteria for the inclusion of nominated trees, ranging from tree/s with cultural/social significance to specific botanic and scientific values through to tree/s with important visual and aesthetic considerations.

Because of increasing concerns about the potential removal of significant tree assets throughout the City, Council resolved at its Ordinary Council Meeting held on Tuesday, 23 November, 2004, to commission a Significant Tree Register to include all trees of designated significance on both private and public land and that this Register would be funded under Council’s Environmental Levy Program.

 

BACKGROUND

Over the past ten or so years Significant Tree Registers (STR) have increasingly been seen as a cost effective means of protecting trees of particular significance to the community. While they require a substantial investment of resources to establish, ongoing management is simplified in comparison to a Tree Preservation Order (TPO) where all requests for removal or pruning of trees within the City would require application and inspection.

Experience in both Randwick and other Local Government areas has shown that with the blanket protection traditionally provided by Tree Preservation Orders, close to ninety percent of applications for removal of trees covered by those Orders are approved for removal.

Significant Tree Registers have been established by many municipalities throughout Australia, as well as community organisations such as the National Trust. The most successful Registers have been based on qualitative assessment criteria derived from a set of natural and cultural heritage attributes.

The aims of a Significant Tree Register are therefore to:

·    provide a database of significant trees for planning, management, conservation and education purposes;

·    increase the level of protection for significant trees;

·    complement Council’s Tree Preservation Order and LEP and those planning instruments which contain specific tree preservation clauses;

·    increase the level of community awareness and appreciation of listed trees;

·    ensure that existing and future landowners are made aware of significant tree/s which are located on their properties.

 

ISSUES:

 

Context

A Significant Tree Register is only one way of protecting trees and must be viewed in the overall context of a range of tree protection measures either currently in place or to be introduced as part of an ongoing review of Council’s tree management strategies.

 

Community Consultation

Following resolution by Council as to the structure of the Register and the establishment of relevant significance criteria, a full public information program will need to be undertaken to inform the residents of Randwick of the existence of the Register and to advise them of the protocols for the nomination and assessment of tree/s for inclusion on the Register.

 

To facilitate preparation of the Register a consultant who has extensive experience in the preparation of this type of document would need to be engaged by Council to undertake the initial collection and collation of significant tree nominations and related data and to actually draft the document.

Scope and Extent of Coverage

It is proposed that the Significant Tree Register would cover individual trees and groups of trees on all private and public land within the City of Randwick which would meet the criteria for inclusion. The major focus, however, will be on trees in the urban area where the significance of the tree may not be immediately obvious and on trees not protected by other legislation.

Trees declared as noxious under the Noxious Weeds Act 1993 would automatically be excluded from consideration for the Register. Other species considered to be environmental weeds would generally also be excluded from consideration.

 

 

 

Definition of a Tree

For the purposes of the Significant Tree Register a tree is defined as per Australian Standard AS 4373 — 1996 ‘Pruning of Amenity Trees’ as: -

‘a long lived woody perennial plant greater than (or potentially greater than) three (3) metres in height with one or relatively few stems’.

Establishment

It is proposed that a consultant experienced in the drafting of tree registers be commissioned by Council to prepare a Register of Significant Trees for the City of Randwick. The process would also be used as an opportunity to raise public awareness of trees in the community and nominations would be invited from the community. Once established, further nominations would be considered on their merits as they were received.

Nomination/Assessment Protocol Requirements

Having regard to the rights of the citizens of Randwick, Council proposes a set of protocols for the nomination and assessment of a tree or trees for inclusion on the Register.

The consultant drafting the document, upon receipt of a nomination on the approved nomination form, will be required to ensure that the following protocols are adhered to:

1.   Notify tree owner by letter of nomination and reason(s) for nomination (as well as category of nomination) within two (2) weeks of receipt of nomination;

2.   Notify property owners immediately adjacent to the nominated property of nomination and reasons for nomination;

3.   Allow twenty eight (28) days for receipt of objections/submissions;

4.   Conduct an on-site inspection of the tree/s in relation to its natural occurrence, age, cultural history or other identified significance criteria or nominated category (refer to Register of Significant Trees Assessment form);

5.   Draft report on significance of nominated tree/s via approved tree assessment form. Support assessment with any relevant reports, photographs, newspaper articles, archived material and oral evidence from relevant public authorities, local property owners/residents, local historical society members and community groups;

6.   Following initial nomination and assessment, any affected parties are to be notified by letter as to whether or not the tree/s is considered to be significant;

7.   If there are then no objections from the tree owner or immediately adjoining property owners, a recommendation is to be made to Council to place the tree/s on the Register;

8.   If significance is found but the owner of the tree/s or immediately adjoining property owners object to placement, the matter is to be referred to Council for determination;

9.   Affected parties will then be invited to address Council in relation to the matter and will be given the opportunity to explain their case;

10. Council will then adjudicate and make a final determination via Council resolution;

11. All affected/interested parties will then be notified of Council’s determination.

Assessment of Tree/s Significance

Assessment Procedure

It is proposed that all nominations for the Register would initially be evaluated by the consultants engaged to establish the Register and that they would then make recommendations for inclusion onto the Register to Council.

Council would consider recommendations made by the consultants as well as any future nominations for inclusion and tree/s would be added to the Register by Council resolution. Any application for removal of a tree or group of trees from the Register would also be referred to Council for consideration and determination by resolution.

Once the Register has been completed, an appropriately qualified Council officer with expertise in arboriculture, natural and cultural heritage and/or landscape architecture would then need to undertake the following:  

o assess future nominations to the Register against the Criteria and in line with adopted Protocol Requirements;

o consider applications to remove a significant tree from the Register or undertake a tree damaging activity following consideration of the ‘Criteria for Approval to Undertake a Tree Damaging Activity’; and

o provide appropriate advice to Council in order to allow it to make determinations in relation to the Register.

Assessment Criteria

Draft qualitative assessment criteria derived from a set of heritage attributes or values have been utilised following a review of criteria used in other jurisdictions in New South Wales.

Criteria have been developed for Cultural/Social/Commemorative, Botanic/Scientific, Ecological, and Visual/Aesthetic values. These criteria are set out in more detail within this report.

Information relating to a tree/s listed on the Significant Tree Register will be entered into Council’s Land Information system and will be linked to the relevant property for future assessments involving Development Applications, Tree Preservation Order applications or other works requiring approval. 

Structure

Significant Tree Registers with a two or three tiered structure were considered and discarded as unnecessarily complex or not required to achieve the Register’s aims.

The proposed structure is a one-tiered Register that does not differentiate between levels of significance. Satisfying one or more of the ‘Criteria for Inclusion’ would be sufficient for a nomination to the Register to be assessed for inclusion.

A Statement of Significance for each item will clearly establish the reason for the significance - particularly with respect to visual, historic, botanic or scientific importance.

Where a tree is also identified as being within a Heritage Conservation Area or is on land identified as containing a Heritage Item, this will be noted in the entry.

Documentation

It is envisaged that each listing would contain, among other details, a digital photo, full description of location (to enable later incorporation into a GIS data layer), botanical and horticultural data and would be accompanied by a ‘Statement of Significance’. Specific recommendations for management and protection - including definition of a ‘No Development’ protection zone around the tree - would also be included.

The Register should therefore contain the following specific verifiable assessment details for each tree listing:

·    Date, tree/s location (including if possible GPS co-ordinates), full property description (public or private land), ownership/management and references to other listings (eg, National Trust of NSW) where applicable;

·    Photographic record linked to an appropriate scaled map reference;

·    Detailed description of location, with references to tree/s canopy extent and root zone in relation to neighbouring properties, especially where development on an adjoining property could affect the tree/s;

·    Number of listed trees and significance attributes;

·    Full botanical description including botanical and common names;

·    Local names, if applicable;

·    Origin, height, canopy spread and trunk diameter;

·    Horticultural condition/health report and estimated age.

Also to be included is a Statement of Significance – a description outlining the reasons for significance – which would also detail, where possible:

-           identification of possible threats and problems;

-           recommendations for management and/or remedial treatment/actions.

The applicant/nominator should provide (where possible) a background summary of the tree/s in order to define the relationship of the proposed significant tree/s within the local environment. Particular emphasis should be placed on the occurrence of natural remnant trees and the extent of cultural plantings associated with historic development within the Randwick City area.

Data entries should also be cross-referenced to ensure better management and protection of trees – eg, historic or natural groupings spanning several properties or individual trees growing on property boundaries.

Responsibilities after Registration

After a tree/s has been approved by Council for inclusion on the Register, there are a number of responsibilities both for Council and the owner(s) of the tree/s in relation to the ongoing maintenance and preservation of any listed tree/s.

Owner’s Responsibilities

·    Owners would be expected to properly maintain and preserve listed tree/s;

·    Council will require a Development Application for Tree Works to be lodged by the property owner for any routine maintenance works such as pruning. However, the applicable inspection/application fee should be waived in these circumstances;

·    Owners would be expected to take into account the significance of any tree/s listed on the STR and hence any proposed development would need to be designed accordingly;

·    Where development of a site requires the removal of a listed tree/s, the removal will be considered as part of the assessment of the Development Application. Such applications will always be the subject of mandatory referral to Council’s Significant Tree Register officer for comment;

·    In situations where a property owner wishes to remove a listed tree/s but removal is not necessary to allow development of the site, a Development Application for Tree Works would need to be lodged with Council. The usual application fee would apply in this instance and the matter would be referred to Council for determination;

·    There will be a mandatory requirement for a qualified arborist or tree surgeon’s report to be provided to Council in all situations where removal of a listed tree/s is requested;

·    Prior to the commencement of any approved works on a tree/s listed on the Significant Tree Register, the tree owner would be required to nominate the person/s, listing their qualifications, who will be undertaking any such works.

Council’s Responsibilities

·    Re-assessment of the tree/s will automatically be undertaken every five (5) years by an appropriately qualified Council officer. This assessment will take into consideration the condition of the tree/s and the continued appropriateness or otherwise of the tree/s listing;

·    Should it be considered that works are required on a tree/s during that cyclical re-assessment process, the owner of the tree/s will be notified of the recommended works, and the appropriate approval granted;

·    Should a site containing a tree/s listed on the STR have a development consent issued on the site, all inspections and certification relating to tree protection measures during construction works would be the responsibility of Council, regardless of the Principle Certifying Authority appointed.    

Approvals Process (to remove or prune)

Approval to undertake any ‘tree damaging activity’ as defined below would be granted by issue of development consent by resolution of Council.

Consent to prune would generally be granted through the approval of a Development Application for Tree Works, where an accredited arborist certifies that the proposed activity is of no threat to the health of the tree or is necessary for the continued health of the tree. No resolution of Council or public notification would be required for this sort of pruning activity.

However, a report detailing the scope and extent of works undertaken (including photographs taken after the pruning has been completed) would be required to be forwarded by the property owner to the relevant Council department as a record of any works undertaken. Selective monitoring and audit of the effectiveness of this process would need to be undertaken.

Note: Council tree assets would be exempt from this ‘approval to prune’ process if Council officers were simply undertaking routine maintenance operations on any Council tree/s listed on the Register.

Application to remove a tree or undertake a tree damaging activity on the ground within an identified tree protection zone would require a field inspection, preparation of a recommending report by a qualified arborist and referral to a nominated Council officer/department for consideration. Provision will be made for immediate removal or pruning with retrospective approval for any tree which is storm damaged, burnt, or damaged in some other way that represents a public safety hazard.

Criteria for Approval to Undertake a Tree Damaging Activity

Significant Trees should be preserved and ‘tree damaging activity’ should not be undertaken unless:

a) - In the case of tree removal:

(1)  (i) the tree is diseased or termite infested and its life expectancy is short; or

(ii) the tree represents an unacceptable risk to public or private safety; or

(iii) the tree is shown to be causing or threatening to cause substantial damage to a substantial building, structure or service; or

(iv) the tree represents a serious plant disease threat; or

(v) the tree is causing a severe and ongoing allergic reaction to an occupant of the property and the claim can be supported by certification from a medical practitioner; or

(vi) where the tree is part of a close planting of a number of trees and the removal of the tree will allow the other trees to develop fully; and

all other reasonable remedial treatments and measures have been determined to be ineffective, or

(2) It is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial tree damaging activity occurring.

b) - In the case of branch or root pruning:

(i) the work is required for the removal of deadwood, treatment of disease, or is in the general interests of the health of the tree; or

(ii) the work is required due to an unacceptable risk to public or private safety; or

(iii) the tree is shown to be causing or threatening to cause damage to a substantial building, structure or service; or

(iv) the tree is significantly blocking solar access to a dwelling during winter between the hours of 9am to 3pm; or

(v) it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial tree damaging activity occurring.

Example of actions for which approval may be granted

·    Removal of unsuitable or hazardous trees subject to replacement plantings being undertaken where necessary;

·    Thinning, selective pruning or reduction pruning of trees to lessen wind resistance, to reduce weight of limbs, to reduce competition, to increase light penetration and air circulation through the crown;

·    General pruning to remove dead, diseased, dying, defective and conflicting branches or foreign matter deemed to be detrimental to the tree;

·    Selective or formative pruning to remove identified branches that are causing a problem or to reduce encroachment on utilities or buildings;

·    Crown lifting for pedestrian or vehicular thoroughfare/access;

·    Pollarding on deciduous trees grown for horticultural amenity;

·    Remedial pruning to prolong the Safe Useful Life Expectancy (S.U.L.E.) of damaged trees;

·    Root pruning to ameliorate damage to built or natural structures;

·    Thinning, selective pruning or reduction pruning on trees to provide solar access and property alignment to private dwellings.

All work must be carried out in accordance with AS 4373 - 1996 ‘Pruning of Amenity Trees’.

Qualifications and Accreditation

It will be a condition of any approval to prune or remove that all work is undertaken by an appropriately qualified and accredited arborist.

Tree Register Officer’s Functions

·    Trees would be recommended for inclusion on or removal from the Register by a nominated and appropriately qualified Council officer. This officer would liaise with Council officers from within Town Planning and City Services, as well as Heritage officers and others with expertise in tree assessment and identification;

·    Approval to undertake a defined ‘tree damaging activity’, including tree removal, would be subject to the granting of consent by Council after consideration of a recommending report prepared by the Tree Register Council officer;

·    Approval for immediate tree removal with retrospective issue of a consent where a tree is storm damaged, burnt, or damaged in some other way that represents a public safety hazard would also be granted by that officer.

Mandatory referral to Significant Tree Register Officer

·    Mandatory referral to Significant Tree Register Officer of Development Applications affecting trees listed on the Significant Tree Register would be required.

Definition of a Tree Damaging Activity

For the purposes of the Register, a ‘tree damaging activity’ affecting listed trees would be defined as:

o the killing or destruction of a tree; or

o the removal of a tree; or

o the severing of major branches, limbs, stems, trunk or roots of a tree; or

o the ringbarking, topping or lopping of a tree; or

o any substantial damage to a tree; or

o any other act or activity that causes any of the foregoing to occur or;

o any contamination of, soil compaction or development on or beneath, land covered by the canopy of the tree and the tree protection zone as defined by the listing, including trenching or any change in soil level.

Consent Procedure to Undertake a Tree Damaging Activity

·    A person shall be prohibited from undertaking a ‘tree damaging activity’ without reasonable excuse, except where development consent has been issued by Council;

·    Council may require the applicant to provide additional information or documents to enable Council to reasonably decide an application;

·    The consent (to undertake specific activities) would be issued for a period of one (1) year unless otherwise specified in the consent;

·    The consent may be cancelled if the Council becomes aware of circumstances that would have resulted in the application being refused at the time of approval;

·    A register of applications and development consents will be maintained by the Council and will be available for public inspection.

Exemptions for Council Activities

Pruning of significant trees on Council land by or on behalf of the Council would be exempted from the requirement to apply for development consent from Council.

Penalties

Unapproved work on or removal of a significant tree or works within a designated tree protection zone would be subject to a penalty of up to $20,000. In addition, the Court may also require the person to replace the damaged or destroyed tree/s and maintain such tree/s until maturity.

Public Notification

Upon the receipt of an application to remove a significant tree, the Council would be required to give notice by post of the making of the application to adjoining property owners and to publish notice of the making of the application in a local newspaper.

Unconditional exemption from public notification for a development activity solely undertaken for the purposes of pruning or otherwise appropriately maintaining a significant tree should be established.

Fees

No fees are proposed for making a nomination to the Significant Tree Register, although standard fees for any maps and plans required would still apply.

Applications for development consent to undertake a ‘tree damaging activity’ would be subject to the relevant Development Application fee.

Accessibility

It is important that the Significant Tree Register is easily accessible by planners, managers of trees, developers and the community generally if it is to achieve its dual aims of protecting trees and raising awareness and appreciation of trees generally.

It is proposed that copies of the Register will be made available at Council’s Customer Service Centre, Council’s Libraries and on Council’s website.

Significant Trees - Maintenance Assistance

Dissemination of information provided in applications made to Council under the provisions of its Tree Preservation Order (TPO) has found that two of the main reasons for the removal of trees on private land (not subject to development) are:

(1)  the often unfounded fear of damage to persons and/or property by a tree suspected of being unstable or structurally weak, and

(2)  concern by property owners/residents of the future costs which may be incurred in maintaining a tree/s covered by Council’s TPO.

To help address these pressures some Councils provide a free inspection service for significant trees on private properties - including a written report on the health and stability of the tree. In addition, some provide tree maintenance assistance to pensioners.

It is therefore proposed that Council at least gives consideration to providing a free tree assessment and advisory service to private property owners with significant trees on their land, to help educate property owners of the importance of those trees and to assist in the protection of trees listed on the Significant Tree Register

Such a service also recognises the considerable community service being performed by the property owner in their role as custodians of significant trees.

Management of the Register

It is proposed that the Significant Tree Register be managed from within Council’s City Services department as part of its broader responsibility for the co-ordination and implementation of Council’s tree policies.

Updating the Register

The Register would be updated on a periodic basis, the frequency of which would depend on the number of nominations accepted for listing and the number of consents issued for removal of trees from the Register. All additions and removals from the Register would be by the decision of Council upon receipt of advice from the relevant Significant Tree Register Council officer.

Inspection process

For tree removal applications, tree inspections could be carried out by accredited arborists who are members of a professional organisation such as the National Arborists’ Association (NAA), by qualified arboricultural staff employed by Council or by a mix of both depending on demand and the reason the tree has been listed.

Consent to undertake maintenance pruning would generally be granted through the lodging of a Development Application for Tree Works, as described above. A register of accredited arborists permitted to undertake tree assessments could be maintained by Council for this purpose.

Significant Trees Assessment Criteria

 

Exceptional

High

Moderate

Little

Intrusive

Cultural/Social/

Commemorative

• place

• person

• event

• purpose/function

 

 

 

 

 

 

Botanic/Scientific

• indigenous

• range

• horticultural

• research

 

 

 

 

 

Ecological

 

 

 

 

 

 

Visual/Aesthetic

• in location

• as an entity

 

 

 

 

 

 

Significance Criteria for assessing Cultural/Social/Commemorative value of trees

·    A tree or group of trees highly valued by the community or a cultural group for reasons of strong religious, spiritual, cultural, educational or other social associations, including trees associated with aboriginal heritage and culture;

·    A tree or group of trees highly reflective of a suburb’s specific era and landscape character -

Examples          Large broad canopied trees within Council parks and reserves which have influenced recreation patterns through the facilitation of shade during summer.

Areas with locally indigenous species and planted native and/or non-obtrusive exotic species which reinforce the City’s siting on the coastal foreshore and help link with urban bushland sited along its shores;

·    A tree or group of trees associated with a significant public figure or important historical event;

·    A tree or group of trees associated with a heritage listed place and representative of that same historic era.

Significance Criteria for assessing Botanic/Scientific value of trees

·    A tree that is an outstanding example of its species, including its age, size or habit;

·    A tree or group of trees which demonstrates a likelihood of providing information which will contribute significantly to a wider understanding of natural or cultural history by virtue of its use as a research site, teaching site, type locality or benchmark site;

·    A tree that is of horticultural or genetic value and could be an important source of propagation stock, including specimens that are particularly resistant to disease or climatic extremes or have a particular growth form -

Examples          • Botanical - a tree of unusual form or special feature

• Indigenous - a remnant or regenerated tree

• Range - a tree successfully growing outside its usual range

• Horticultural - a horticultural or genetic value that could be an important source of propagating stock, or have likely educational value.

Significance Criteria for assessing Ecological value of trees

·    An example of a rare or threatened species, or one endemic to the City or local region;

·    A tree or group of trees that make a significant contribution to the integrity of an ecological community, including its role as a seed source or specialised habitat;

·    A remnant specimen tree or group of trees now reduced in range or abundance, which indicates the former extent of the species, particularly range limits;

·    A tree or group of trees which are a significant habitat element for rare or threatened wildlife species.

Significance Criteria for assessing Visual/Aesthetic value of trees

·    A tree or group of trees that occur within a prominent location or context;

·    A tree that is outstanding for its height, trunk circumference or canopy spread;

·    A tree or group of trees which are of outstanding aesthetic or visual significance, and so provides a contribution to the landscape, including remnant native trees, important landmarks and plantings constituting formal or unusual patterns;

·    Trees with exceptional qualities including age, colour, fragrance, height, canopy spread, trunk circumference, shade, shape, texture, habit, floristic display and seasonality -

Examples          • In location - trees or groups of trees that are highly visible from public places

• As an entity - highly visible individual large-sized Landmark trees.

‘Matters for Consideration’ when assessing placement on or removal from the Register

Nominations to the Register

·    consistency with other protection regimes;

·    is the tree on Commonwealth or Crown land;

·    is the tree diseased and its life expectancy short;

·    is the tree structurally sound;

·    does the tree represent an unacceptable risk to public or private safety;

·    is the tree causing or threatening to cause substantial damage to a substantial building, structure or service of value;

·    is the tree appropriately sited in the landscape relative to buildings, roads and other features;

·    is the tree blocking solar access to a dwelling during winter between the hours of 9am to 3pm and pruning is not sufficient to alleviate this;

·    is the tree an environmental weed species;

·    is the tree known to cause allergic reactions or otherwise represent a risk to human health.

Applications for removal from the Register

·    the ‘Statement of Significance’ in the listing for the tree or group of trees;

·    does the application comply with the ‘Criteria for Removal’ of a significant tree;

·    should a replacement planting be required;

·    should any replacement planting also be placed on the register;

·    is the tree on Commonwealth or Crown land;

·    is pruning a viable alternative;

·    is the tree being used as a nesting site for native birds/animals.

Notification and Appeal Rights

Where a tree placed on the Register is located on private property, the property owner will be notified in writing and provided with a copy of the listing which will explain why the tree has been included on the Register, the requirements placed on the owner and guidelines for the future management of the tree.

Any avenues for reconsideration of a tree/s listed on the Register by Council resolution would also be outlined, as would the process for approval to prune or remove the tree/s.

 

FINANCIAL IMPACT STATEMENT:

 

Funding of $50,000 has been specifically allocated by Council under its Environmental Levy Program for the commissioning of a Significant Tree Register to include all trees of designated significance on both private and public land throughout the City of Randwick.

 

CONCLUSION:

 

There were a variety of tree-related matters resolved by Council at its Ordinary Council Meeting held on Tuesday, 23 November, 2004, that are designed to allow for better monitoring and management of tree resources throughout the City of Randwick.

 

One of the most effective measures available for the protection of significant tree assets throughout the City would be the establishment of a Significant Tree Register to protect trees of both public land and private property.

 

Council would need to amend sections of the Randwick Local Environmental Plan 1998 (RLEP) to facilitate the administration of the Significant Tree Register - as well as any planning instruments which contain specific tree preservation clauses. 

 

Once adopted by Council, approval to remove tree/s listed on any such Register would only be granted at the conclusion of a very exhaustive inspection/assessment regime and would only ever be granted in exceptional circumstances by Council resolution.

 

This process would further restrict the indiscriminate felling of tree assets within the City and, along with a variety of other recently adopted tree management processes and procedures, should help to ensure the retention of nominated significant tree assets throughout the City. 

 

RECOMMENDATION:

 

THAT Council adopts the model Significant Tree Register detailed above and that it calls for Quotation Requests from suitably experienced consultants for the commissioning and establishment of this Register.

 

ATTACHMENT/S:

 

Significant Tree Register - Nomination Form

Register of Significant Trees - Tree/s Assessment Form

 

 

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

BRYAN BOURKE

DIRECTOR, CITY SERVICES

TREE MANAGEMENT OFFICER

 

 


 

 


              REGISTER OF SIGNIFICANT TREES

 

TREE ASSESSMENT FORM

FAMILY:

For Office Use:

 

File No:

BOTANICAL NAME:

COMMON NAME:

Database No:

NUMBER OF TREES:

Classified:

STC:

CSC:

Council:

LOCATION:

LGA:

New Class. Sheet

Checked Off:      Y / N

OWNERSHIP:

CIRCUMFERENCE:                              HEIGHT:

Level: (delete one)

STATE /

REGIONAL

SPREAD:                              ESTIMATED AGE:

DATE MEASURED:

STATEMENT OF SIGNIFICANCE:

Categories/sub-categories recommended:

 

 

 

 

 

 

Condition:

 

Photographs: (date)

 

Longitude:

 

Latitude:

 

Access: (delete two)

RESTRICTED

UNRESTRICTED

NONE

 

 

 

 

TREE PROTECTION MEASURES REQUIRED?           Yes / No

Prepared by:

 

 

CATEGORIES: (see overleaf for sub-categories)

1. Any tree which is of horticultural or genetic value and could be an important source of propagating stock, including specimens that are particularly resistant to disease or exposure.

2. Any tree which occurs in a unique location or context and so provides a contribution to the landscape, including remnant native vegetation, important landmarks, and trees which form part of an historic garden, park or town.

3. Any tree of a species or variety that is rare or of very localised distribution.

4. Any tree that is particularly old or venerable.

5. Any tree outstanding for its large height, trunk circumference or canopy spread.

6. Any tree of outstanding aesthetic significance.

7. Any tree which exhibits a curious growth form or physical feature such as abnormal outgrowths, natural fusion of branches, severe lightning damage or unusually pruned forms.

8. Any tree commemorating a particular occasion (including plantings by Royalty) or having associated with an important historical event.

9. Any tree associated with Aboriginal activities.

10.Any tree that is an outstanding example of the species.


REGISTER OF SIGNIFICANT TREES

 

CATEGORIES AND SUB-CATEGORIES

Note: These should be clearly identified in the Statement of Significance report

 

Category 1                                                                           Category 6

Horticultural Value                                                               Aesthetic Value

1 - Blank                                                                                 1 – Blank

 

Category 2                                                                           Category 7

Location or Context                                                              Curious Growth Form

1 - Blank                                                                                 1 - Blank

2 - Historic Garden or Park                                                  2 - Abnormal Outgrowths

3 - Historic Cemetery                                                                       3 - Fusion of Branches

4 - Important Landmark                                                                    4 - Unusually Pruned

5 - Remnant Native Vegetation                                                       5 - Unusually Damaged

6 - End of Natural Range

7 - Contribution to Landscape

8 - Historic Town                                                                   Category 8

9-Historic Planting Style                                                                   Historical Value

                                                                                                1 - Blank

Category 3                                                                           2 – Cultural Group

Rare or localised                                                                  3 - Public Feature

1 - Blank                                                                                 4 - World War I

2 - Only Known Specimen                                                    5 – World War II

3 - 1 to 10 Known Specimens                                                         6 - British Royalty

4 - 10 to 50 Known Specimens                                                       7 - Non-British Royalty

5 - In the Wild                                                                         8 – Visiting Dignitary

6 - End of Natural Range                                                      9 - Australian Public Figure

7 - Disjunct Community

Category 9

Category 4                                                                           Aboriginal Culture

Particularly Old                                                                                 1 - Scarred Tree

1 – Blank                                                                                2 - Corroboree Tree

 

Category 5                                                                           Category 10

Outstanding Size                                                                  Outstanding Example of Species

1 - Blank                                                                                 1 - Blank

2 - Height

3 - Circumference

4 - Canopy Spread

5 - Height x Circumference

6 - Spread x Circumference

7 - Height x Circumference x Spread


 

SIGNIFICANT TREE REGISTER

NOMINATION FORM

Your Name:

 

 

Your Organisation (optional / if relevant)

 

 

 

Your telephone number

Home:                                                                       Business:

Mobile:

 

Your mailing address (optional):

 

 

 

 

 

Your email address (optional):

 

 

Address / location of significant tree or group of significant trees:

 

 

 

 

 

Species (please be as specific as possible)

 

 

 

 

 

Category under which you are nominating tree/s

          □     Cultural/Social/Commemorative

          □     Botanic/Scientific

          □     Ecological

            □     Visual/Aesthetic

          □     Other (please specify)

 

Please draw a sketch of the property indicating position of tree/s and North point

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Your comments on nominated tree/s:*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*          Why do you believe the tree or trees are significant?

*          What do you know about the tree’s origins – when/why/by whom was it planted?

*          Is the tree/s associated with a special person or event?

*          Is the tree/s associated with aboriginal heritage or culture?

 

 
 


 

 
Have you included any attachments with this form?                                Yes                  No                  

 

 

 

 

 

 
What type of attachments?        Additional pages                       Photos                          Documents

 

 

……………………………………………………….           ………../……………../………………

                                    Signature                                                                                  Date


 

Director, City Services' Report 38/2005

 

 

 

SUBJECT:

DOWLING STREET LANDSCAPE BEAUTIFICATION WORKS

 

 

DATE:

19 April, 2005

FILE NO:

F2004/07515

 

 

 

REPORT BY:            DIRECTOR, CITY SERVICES     

 

 

INTRODUCTION:

 

Randwick City Council aims to improve the landscaping along the strip of land running adjacent to the sound barrier wall in Dowling Street, Kensington. The proposed work consists of new planting, improvements to the existing soil, upgrading of the existing irrigation system and preliminary maintenance.

 

BACKGROUND:

 

Further to ongoing requests and discussions with local residents and Council officers, it has been identified that there is a need to beautify and maintain a narrow strip of land running along a sound barrier wall (approximately three metres in height and six hundred metres in length) running north-south along Dowling Street - adjacent to the Eastern Distributor.

 

In 2003 the RTA and Council entered into an agreement whereby Council would arrange for contractors to improve and maintain this strip of land. The RTA requested that Council arrange for all weeds to be sprayed, any plants not complying with the adopted planting scheme to be removed, the garden bed area to be planted out with Plumbago species and the entire strip to then be mulched. Council’s tree planting contractors were directed to carry out the specified works and were asked to check the irrigation system. They were also directed to remove any Ficus primula creeper which had detached itself from the adjacent wall and to tidy up these plants and any Plumbago that were to remain as required.

 

Since this time a thorough site analysis to assess the condition of the landscape works was undertaken by the RCC Landscape Design Team. The section along Dowling Street from Todman Avenue to Myrtle Street was assessed to be in a poor condition, with almost all the original planting removed or damaged - with the exception of several Eucalyptus species which provide little screening to the sound barrier. It was also identified that the existing soil is structurally very poor with negligible nutrient content and the irrigation system does not provide adequate watering to the garden bed.

 

As a result of this analysis, Council officers identified the need for screening along the sound barrier by installing appropriate planting (of substantial size and height) to discourage vandalism such as graffiti and to enhance the overall character and visual quality of Dowling Street.

 

ISSUES

 

Design and Documentation

Randwick City Council’s Landscape Design Team proposes to carry out extensive community consultation, whereby residents will be provided with recommendations of appropriate plant species, to both ‘soften’ the visual appearance of the sound barrier, as well as enhance the overall character of the street. Testing is to be carried out to determine the quality of the soil and to provide recommendations on improvements to the existing soil conditions.

 

Also, the irrigation system is to be upgrade and replaced in part, with Council’s water truck to carry out daily watering for the initial planting establishment period.

 

Preliminary design, documentation and quotation for this work is currently being prepared by RCC Landscape Design Team.

 

FINANCIAL IMPACT STATEMENT:

 

Funding of $50,000 is available from the Asset Maintenance – Parks Budget to carry out this work.

 

CONCLUSION:

 

Funds are available from the Asset Maintenance – Parks Budget to allow the  construction and initial maintenance of the landscape works along the strip of land running adjacent to the sound barrier wall in Dowling Street, Kensington.  This landscape work will enhance the character and overall aesthetic quality of the Dowling Street.

 

 

RECOMMENDATION:

 

That landscape works be undertaken along the strip of land adjacent to the sound barrier along Dowling Street, Kensington. Works include the supply and installation of planting, improvement to soil conditions, upgrading of the irrigation system and preliminary maintenance.

 

 

 

 

 

 

 

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

HAYLEY SEGEDIN

DIRECTOR CITY SE RVICES

LANDSCAPE ARCHITECT

 

 

 

 

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 19/2005

 

 

SUBJECT:

INTERNAL REPORTING SYSTEM - PROTECTED DISCLOSURES ACT

 

 

DATE:

21 March, 2005

FILE NO:

F2005/00303 xr 98/S/0661

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES  

 

 

INTRODUCTION:

 

The Council annually reviews its Internal Reporting System and Policy in relation to the Protected Disclosures Act.

 

ISSUES:

 

Clause 12 of the Internal Reporting System, Policy No. 1.04.04, provides that the policy shall be reviewed annually to ensure that it meets the object of the legislation and facilitates the making of disclosures under the Act.

 

As detailed in the Policy, Randwick Council does not tolerate corrupt conduct, maladministration or serious and substantial waste of public money.  The Council is committed to the aims and objectives of the Protected Disclosures Act.  It recognises the value and importance of contributions of staff to enhance administrative and management practices and strongly supports disclosures being made by staff without any detrimental action in reprisal for making the disclosures.

 

The network of nominated disclosure officers is significant and includes the General Manager, the Public Officer, all Department Heads, all Managers, the E.E.O.

Co-ordinator and all members of the Council’s Joint Consultative Committee.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Whilst no disclosures have been made under the Council’s Internal Reporting System during the past year, it is considered that the Policy does meet the objects of the legislation and does facilitate the making of disclosures, should the need for such arise.  Disclosure ability is enhanced by the number of nominated disclosure officers as detailed in the Policy.

 

In addition, periodic articles are placed in the Staff Newsletter to refresh employees’ memories of the existence of the Internal Reporting System.

 

RECOMMENDATION:

 

That the Director, Governance and Financial Services’ Report 19/2005, reviewing the Internal Reporting System – Protected Disclosures Act, in accordance with Clause 12 of Council’s Policy No. 1.01.04, be received and noted.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

 


 

Director, Governance & Financial Services' Report 20/2005

 

 

SUBJECT:

SISTER CITY RELATIONSHIPS

 

 

DATE:

19 April, 2005

FILE NO:

F2005/00294

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES     

 

 

INTRODUCTION:

 

At the Civic Affairs Committee Meeting held 8th February, 2005 it was resolved:-

 

“That the General Manager of Temora Shire Council be advised that:

 

a) the Mayor who had originally assisted with facilitation of the Charter of Friendship between the two Councils did not re-stand for Council two terms ago, and she now resides in rural N.S.W;

 

b) Randwick Council notes Temora Council's view that it believes there is merit in pursuing the Charter arrangement and invites Temora Council's representatives to meet with it to explore appropriate interactions; and

 

c) A report be brought back to Council on the status of all the relationships Randwick City Council currently has with other Councils.”

 

A letter was subsequently forwarded to Temora Shire Council on 24th March, 2005 welcoming their thoughts on how our Councils might pursue this matter further. The purpose of this report is to provide a status report on all the relationships Randwick City Council currently has with other Councils.

 

 

ISSUES:

 

There have been two major sister city relationships that are no longer maintained with the local government area of Ambenob in Papua New Guinea and the town of Albi in Southern France.

 

 

In 1995, Council entered into a sister city relationship with the Greek island of Castellorizo. This has been a very successful relationship, including a charter signing ceremony on the island, as many families in the Kingsford area have ancestors who lived on this island.

 

In addition to this relationship, Randwick City Council has an ongoing relationship with the town of Warren in North West NSW and, subject to further discussions, Temora Shire Council as mentioned earlier in this report.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Randwick City Council currently has a sister city relationship with the Greek island of Castellorizo and the NSW towns of Warren and, subject to further discussions, Temora.

 

Council should write to all of our sister cities with a view to explore opportunities and to determine if both parties wish the sister city relationship to continue.

 

RECOMMENDATION:

 

That the information contained in the Director Governance & Financial Services’ Report 20/2005 be received and noted.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

 

 

 

 

 

 

 


Director, City Planning Report 20/2005

 

 

 

SUBJECT:

1430 Anzac Parade, LITTLE BAY

 

 

DATE:

18 April, 2005

FILE NO:

763/2004

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for the Development Application No. 763/2004 for the Stage 2 Infrastructure and Public Domain Works at the Prince Henry Hospital Site.

 

 

RECOMMENDATION:

 

That Council consider and determine the development application in accordance with the recommendations contained in the attached report.

 

 

ATTACHMENT/S:

 

Development Application Report dated 12 April 2005.

 

 

 

 

………………………………

 

SIMA TRUUVERT

 

DIRECTOR, CITY PLANNING

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

12 April 2005

FILE NO:

0763/2004

 

PROPOSAL:

 Construction of the Stage 2 Infrastructure and Streetscape Works at the former Prince Henry Hospital Site.

PROPERTY:

 1430 Anzac Parade, Little Bay

WARD:

 South Ward

APPLICANT:

 LANDCOM

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The development application proposes the construction of the Stage 2 infrastructure and streetscape works in the southern portion of the “developable land” within the former Prince Henry Hospital site at Little Bay.

 

Council has previously granted development consent to the Stage 1 works in the northern section of the site at Little Bay (development applications 0443/03, 1043/03 and 1102/03 and that work is progressing concurrently with the remediation of the land as approved under the development consent for development application DA 1188/02.

 

Council has adopted a master plan for the redevelopment of the former Prince Henry Hospital site.  Subsequent to this the land was rezoned under amendment No. 28 to Randwick Local Environmental Plan 1998 to permit the scale and nature of development envisaged under the master plan and a site specific development control plan has been adopted to provided guidance as to the built form to be achieved on site in accordance with the master plan.

 

Council has granted development consent to development application 1103/03 for the subdivision of the former Prince Henry Hospital site and concurrent with this Council entered into a Deed of Agreement with Landcom detailing the short and long term dedication and management of community facilities arising from the re-development of the site.

 

The current development application is an integrated development application requiring consultation with the NSW Heritage Council and the Department of Environment and Conservation. The proposed development will result in the removal of a small stand of Eastern Suburbs Banksia Scrub and a species impact statement, which addressed the potential impact and prosed ameliorative measures, accompanied the development application.

 

The development application was the subject of notification and community consultation and there were no submissions in response to this. The development application has been assessed against the adopted master plan, development control plan and local environmental plan provisions relevant to the site and against other relevant environmental planning instruments and has been found to be a suitable development on the Site subject to compliance with the conditions in the recommendation of this report.

 

2.    THE PROPOSAL

 

The proposed Stage 2 infrastructure and streetscape works will take place in the southern portion of the developable land of the Prince Henry Hospital site. The works are proposed generally within the proposed future road reserves. The infrastructure works include the construction of roads and associated stormwater drainage and utility services, including earthworks and retaining structures to fill future lots.

 

The streetscape works within the Prince Henry Hospital site include the construction of footpaths, irrigation mains, street lighting and signage. Streetscape works are also proposed within Jennifer Street as required under the development consent granted for DA 443/03 including the construction of a footpath and second kerb and gutter the length of Jennifer Street.

 

Full details of the proposed works are set out in the statement of environmental effects submitted with the development application. The works proposed seek to make maximum use of the existing fabric of the site; consistent with the Conservation Management Plan adopted fro the Prince Henry Hospital site. The proposed works can be summarised as follows:

 

·    Construction of a road and car park and services within three road reserves to be dedicated to Council, a new road NR4 and the widening of existing roads EX5 and EX6. These works include the construction of an “S bend link” through to Pine Avenue.

 

·    Installation of kerb and gutter and road widening within Jennifer Street from NR4 to Anzac Parade which will accommodate a shared footpath and cycle way and the completion of a footpath and continuous kerb and gutter to the Australian Quadriplegic Association complex.

 

·    Reconstruction of the existing private driveways and walkways including Curie Avenue, PD4, PD5 and PD7 and the installation of services. The private driveways will be incorporated into the title of future development lots and will be managed in the short term by Landcom and in the long term by a future community association.

 

·    Construction of batters required to support road verges and the installation of infrastructure and services within the road reserves up to the boundaries of the future allotments.

 

·    Connection of the retained buildings to new services.

 

·    Streetscape works within the verges of the proposed roads (existing and new) and the private drives and walkways. The woks include footpaths, fill and planting, irrigation, street lighting and the provision of street furniture.

 

·    The undertaking of preparatory work for bushland regeneration to be undertaken in accordance with the Bushland Management Plan which has been adopted for the Prince Henry Hospital site.

 

·    The construction of stormwater disposal lines which are a component of the overall site stormwater management scheme which incorporates a Total Water Cycle Strategy and will connect into a stormwater disposal and irrigation system the construction of which is proposed under DA5 and DA6 being development applications currently with Council for assessment and determination.

 

The works are to be undertaken in three stages over a period of approximately six months. Landcom’s program is that the works under the subject application would follow those being constructed in the northern part of the developable area of the Prince Henry Hospital site.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The Site the subject of this application is the southern part of the site known as 1430 Anzac Parade Little Bay, which is also known as the former Prince Henry (The Coast) Hospital and the Coast Golf Course. The Prince Henry Hospital site has a total land area of 83.42 hectares and comprises Certificate of Title Identifier 1/1002512 and R87551, 1430 Anzac Parade, Little Bay and four lots known as Lot 1-4 in DP 1064600, which are parts of closed road. As identified above part of the works proposed include the upgrade of Jennifer Street a public road (Council road) adjacent to the site and as such part of the area of Jennifer Street forms the Site for the subject application.

 

The Prince Henry Hospital site is located approximately 14 km southeast of the Sydney GPO on the eastern side of Anzac Parade. The Site is bounded by lands owned by the University of New South Wales, Anzac Parade to the west, the coast of Little Bay to the east and St Michaels Golf Course to the south.

 

The Site the subject of development application DA 763/2004 is located in the southern part of the developable land on the Prince Henry Hospital site. The developable land within the Prince Henry Hospital site has an area of 34.4 hectares and includes land fronting Anzac Parade, the former Australian Graduate School of Management and associated land adjoining The Coast Golf Course.

 

The Site is bounded to the north by Pine Avenue which is located within the Stage 1 Infrastructure and Streetscape area, to the east by the proposed buffer lands that separate the Coast Golf Course from the developable area, to the south by the “Jennifer Street Bushland” and the proposed site for the Aboriginal Health and Medical research facility. To the west, the Site adjoins proposed lot 51, which contains remnant vegetation, including Eastern Suburbs Banksia Scrub (“ESBS”) and the Jarrah House medical rehabilitation facility fronting Anzac Parade, which is currently under construction.

 

The Site contains a number of Heritage buildings and landscape items, which were elements of the Prince Henry Hospital site and are to be retained and reused, they include the Flowers Wards and surrounding roads which date back to 1915. The Site also contains other heritage buildings including the Heffron and Delaney buildings (1934), Henry’s Trading Post and part of the early Pathology building that was relocated from the Coast Hospital. These heritage elements are located within the Historic Precinct that has been identified as a heritage item in Randwick Local Environmental Plan 1998 (“Randwick LEP 1998”). Existing roads that are to be retained (as required by the Conservation Management Plan) include Brodie Avenue nominated as EX5 on the development plans and Ewing Avenue, known as EX6. These roads surround the Flowers ward and will be supplemented by proposed private driveways PD4, PD5 and PD7 and Curie Avenue.

 

In the southern part of the Site adjacent to the Jennifer Street ESBS is a stand of bushland, which includes ESBS extending into proposed Lot 51. The proposal includes the construction of NR4 adjacent and parallel to the southern boundary and will involve the removal of part of the ESBS. The bushland area also contains the site of the former Tram Loop, which is identified in the Conservation Management Plan (CMP) as an Archaeological and Aboriginal site by representatives of the La Perouse Local Aboriginal Land Council. The Tram Loop is to be conserved under the development proposal.

 

The locality surrounding the Site has a mixed character comprised of educational, government and institutional land uses such as the Long Bay prison facility and parts of the UNSW campus, a mix of older style and modern public and private housing, a variety of retail/commercial premises and numerous recreational landuses.

 

4.    SITE HISTORY

 

Parts of the Prince Henry Hospital site have been used extensively for hospital, associated residential and community purposes and the Site is located within an existing urban context with associated water, gas, electricity, sewer and telecommunication facilities.

 

After the hospital operations became surplus to government needs a master plan for the redevelopment of the hospital site was developed in consultation between Landcom and Council and adopted under clause 40A of Randwick Local Environmental Plan 1998 (“RLEP 1998”).

 

Development Application 1188/02 was granted development consent and provided for the demolition of hospital buildings and the remediation of the hospital site and parts of the golf course to remove identified areas of contamination. The demolition works have been carried out and the remediation works are continuing.

 

Development consents have been granted to Development Applications 443/03, 1043/03 and 1102/03 for the construction of infrastructure, streetscape and public domain works in the northern part of the Prince Henry Hospital site and within Anzac Parade. The infrastructure works included the construction of roads and private access ways and the provision of stormwater and other services to accommodate residential and other urban development.

 

Development consent has also been granted to DA 1103/03 for the subdivision of the Prince Henry Hospital site to create 23 super-lots which are capable of re-subdivision to create individual residential allotment or to create development site, or allotments to be utilised for future community based developments or comprising future roads and parks to be held in future public ownership. That part of the Prince Henry Hospital site the subject of this application is the “developable land” portion of residue Lot 23. The applicant has held discussions with Council concerning the making of further development applications for the subdivision of the residue Lot 23 to create individual development allotments and land to be held in future public ownership.

 

The hospital site contained numerous roads forming an internal road network. Part of this network is being utilised to accommodate the future residential redevelopment of the site. Some of the roads have been identified in the conservation management plan as significant road alignments and worthy of retention; they include Pine Avenue, Pavilion Drive, Mayo Street, Jenner Street and Lister Avenue. These are known as existing roads and are being supplemented by the construction of new roads and private access ways within the Site.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and relevant authorities consulted in accordance with the DCP – Public Notification and the Environmental Planning and Assessment Act 1979 (“EP&A Act”).

 

The development application was placed on public exhibition for a period of 28 days and notified by letter dated 29 September 2004. There were no submissions received in response to the consultation undertaken with the community.

 

5.1  Consultation with Integrated Development and other Authorities

 

The development application when lodged was notified to the Department of Environment Conservation, the NSW Heritage Council and the Department of Infrastructure Planning and Natural Resources and NSW Heritage Commission. The application was referred to the Department of Environment and Conservation as the Site contains part of the former Tram Loop, which is identified as an important Aboriginal site under the adopted Conservation Management Plan. Set out below is a summary of the responses.

 

5.2.1 Department of Environment and Conservation (ex NPWS)

 

At the time of writing this report no response had been received from the Department of Environment and Conservation in relation to the subject development application. Council is able to determine the application in the absence of a response.

 

5.2.2 Department of Infrastructure Planning and Natural Resource

 

The Department of Infrastructure Planning and Natural Resources advised in consultation on the application that it did not believe the application was required to be referred under the integrated development provisions and no response would be supplied to Council’s referral.

 

5.2.3 NSW Heritage Council

 

The NSW Heritage Council advised on 12 April 2005 that the general terms of approval had been granted to the subject application following consideration of the documentation accompanying the application, a site inspection and clarification of heritage issues between the Heritage Council and the Applicants heritage consultants.

 

The conditions of the general terms of approval as granted have been incorporated into the recommendation of this report as conditions 91 to 121.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Heritage Planner

Background

The subject site is located within the Botany Bay National Park Conservation Area under Randwick LEP 1998.  The site and a number of buildings on it were listed on the State Heritage Register in May 1998.  The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the previous hospital site.  Specific Elements Conservation Policies are being prepared progressively for individual buildings and items.

 

The Road Network Specific Elements Conservation Policy was prepared by Godden Mackay Logan in July 2003.  The Road Network SECP was developed to address proposed changes to the road network identified in the Amended Master Plan dated February 2003, and covers all the roads on the site.

 

Ongoing negotiations between Council, the NSW Heritage Office and Landcom have resulted in a generally acceptable layout and design for the road network and associated parking provision on the site.  This agreed network has provided the basis for the Amended Master Plan.

 

The Proposal

The proposal is infrastructure and streetscape works in the southern part of the site in the vicinity of the Flowers Wards.  It includes the construction of roads and installation of site services and associated works, covering existing roads, new roads and private driveways, new kerbs and gutters and road pavement surfaces, and re-use of existing significant kerbs and gutters and road pavement surfaces, a final layer of road pavement after completion of development works, and lighting, signs, lines and other road markings.

 

Consultation

As the site is listed on the State Heritage Register, the proposal needs to be the subject of an Integrated Development Application or a prior application under Section 60 of the NSW Heritage Act.  As the NSW Heritage Offie is the consent authority for the application, Council cannot issue development approval until the Heritage Office has provided conditions of consent.

 

Submission

The Heritage Impact Assessment for the Stage 2 Infrastructure and Streetscape DA includes Impact Assessments, Mitigative Measures and Conclusions and Recommendations in relation to Aboriginal Archaeology, Historical Archaeology, Roads, and Landscape Elements and Setting.  The submission also includes a section on Consideration of Alternatives and a summary of works, which to which Heritage Act Approvals Exemptions apply.  The submission also includes a report on Proposed Management of Significant Roads and Associated Features to be dedicated to Randwick City Council.  This Management Report includes a Proposed Approach for upgrading existing roads and their associated features, having regard to heritage considerations and Council’s requirements.  The Management Report covers the retaining wall along Pine Avenue, sandstone kerbstones, concrete gutters, road resurfacing and replacement of concrete roads.

 

The revised HIA acknowledges although a number of heritage impacts remain, the agreement represents a reasonable compromise between heritage considerations and Council’s requirements.  In general, the infrastructure and streetscape works are located in areas where impacts on Aboriginal or Historical Archaeological Impacts could occur, and have the potential to impact on significant road alignments, sandstone outcrops, indigenous vegetation, and views and vistas and settings of significant buildings.

 

Further information requested and received

Following a site visit, the NSW Heritage Office has suggested revisiting, if possible, the proposed drop off area in front of the Flowers Ward 1 in order to minimise the impact of cars on views across this area.  The Heritage Office has also requested mapping to clarify extent of work in relation to substations and turrets.  In addition further detail has been requested on the proposed footpath in front of Henry’s Trading Post, a typical cross over between Council and private roads, the area in front of the Delaney building, the proposed footpath behind the Hills Theatres, interpretation of the junction of the 1937 road west of the Delaney building, the relationship between new and existing concrete surfaces, and in relation to existing concrete stormwater grates and substations.

 

In relation to the drop off area in front of Flowers Ward 1 and the blisters adjacent to Henry’s Trading Post, it appears that this issue has been subject to lengthy discussion involving Council and the Heritage Office and no further revision will be possible.  In relation to the further detail requested relating to footpaths, roadways, crossovers, stormwater grates, substations and concrete finishes, this information has now been supplied by GML to the Heritage Office.  It is anticipated that any outstanding issues will be addressed in Heritage Office conditions of consent.

 

It is considered that the recommendations provided by Godden Mackay Logan should be included as conditions in any consent granted. NOTE: The General Terms of approval granted by the Heritage Council incorporate the recommendations of Godden MacKay Logan and have been incorporated into the recommended conditions of development consent.

 

6.2       Environmental Health

 

The proposal

This application is one of the seven existing/proposed DAs for the infrastructure and public domain works within the Prince Henry Re-development site.  The proposed infrastructure and streetscape works forming part of this DA will take place in the southern part of the ‘developable portion of the site’. 

Background

Extensive works have been undertaken in relation to investigation of and remediation of the subject land with regards to contamination. The remediation of the site is progressing and has not been completed to date. The conditions and requirements of DA 1188/02/A will apply to this subject land prior to any works commencing.

 

Land Contamination

With the submission of the information accompanying this DA, a letter by the former appointed site auditor Ted Johnstone was included. Subsequent to the submission of this information and the passing of Mr Johnstone, two new site auditors have been appointed for the Prince Henry site and both Site Auditors have reviewed the remediation strategies – for the developable portion of the site. (Copies of the reviews by the site auditors, Councils review and copies of the new RAPs’ are located on the files for DA 1188/02 part 5 and 6).

 

Prior to any infrastructure works commencing, a clearance instruction is required to be issued by the site auditor, as stipulated in the conditions of DA 1188/02/A. No other works/building works shall commence without a site audit statement being issued for the subject land. All remediation works are to be undertaken in accordance with the approved remediation strategy and overseen by the appointed site auditor.

 

Recommendation

Should approval be granted to the application, conditions 2 to 7 should be included in the development consent granted.

 

6.3       Assets and Infrastructure

 

An application has been received for Stage 2 infrastructure and streetscape works at the Prince Henry Development Site. The Stage 2 works comprise predominantly roads, services and landscaping in road reserves within the Prince Henry Masterplan area.

 

Landscape Comments

 

The application was referred to Council’s Bushcare Management Section who provided two separate memorandums regarding bushland management issues, (the first of these provided comments and recommended conditions and the second memo discussed amendments to the current BMP for areas R4, R5 and R7) and an 8 Part Test. The various memorandum and the 8 Part Test have been attached to the Council file.

 

The Development Engineer Coordinator has considered the comments of Council’s Bushcare Management Section and the DPCD is advised of the following:

 

·    For the purpose of considering this application the Bushland Management Area R5 has been considered to be part of the application.

 

·    Variations to the Bushland Management Plan as recommended above are to be dealt with separate to the development application assessment process.

 

·      Recommended conditions of consent have been included in this report aimed at addressing concerns/issues raised by the Council’s Bushland Management team.

 

Drainage Comments

 

No drainage related objections are raised to the application subject to conditions should approval be granted.

 

Onsite stormwater detention is required for those portions of the site that will drain west towards Anzac Parade. Conditions relating to the required provision of onsite stormwater detention are included within this report.

 

The stormwater drainage plans submitted with the application are generally satisfactory and, subject to the submission of catchment analysis details, appear to meet Council’s design requirements. Standard conditions relating to sizing of pipes, provision of overland flowpaths for storm events greater than the 1 in 20 year design storm and the provision of interallotment drainage have been included within this report.

 

The issue of water irrigation source for reserves, street trees etc needs to be considered at this point in time and a condition aimed at resolving potential issues has been included within this report.

 

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.

 

Assets Comments

 

Council has an expectation that the condition of infrastructure to be dedicated to Council will be in accordance with best current design standards and engineering practice. Council is not opposed to the reuse of materials as such subject to the applicant meeting all costs associated with reconstruction and/or remediation works to ensure that the finished product complies with the Council approved specification and quality assurance plan.

 

The Assets Coordinator has considered the application and has recommended that the application be approved subject to the imposition of conditions 20 to 85 inclusive and advisory conditions 1 to 9.

 

7.    MASTER PLANNING REQUIREMENTS

 

Clause 40A of RLEP 1998 states:

 

“(1) Despite any other provisions of this plan, consent may be granted to a application made in respect of a site area consisting of more than 4,000 square metres of land only if:

(a) a master plan for the development of that land has been adopted in accordance with this clause, and

(b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan.”

 

Council adopted the Prince Henry Master Plan with amendments in May 2003 for the whole of the former Prince Henry Hospital site and also relates to the physical works to be undertaken with in Anzac Parade.

 

The Site the subject of this development application is part of the overall master plan site.

 

The proposal the subject of this report is consistent with the master plan as the infrastructure and streetscape works including:

 

·    the construction of a new public roads and reconstruction of existing roads, construction of footpaths and kerb ramps, construction of private roadways, and removal of some existing services, and

 

·    the provision of new services network including service trenches, and

 

·    the installation of new services for stormwater, sewerage, water, gas, telecommunications and electricity, and

 

·    the undertaking of earthworks and retaining structures to support the road and infrastructure works 

 

as proposed under this development application is consistent with the proposed road layout under the master plan. The proposed streetscape and landscape works, are also consistent with the treatment sought under the master plan.

 

The works will facilitate the future development of the southern portion of the developable land for residential, open space, community and commercial purposes as envisaged under the master plan.

 

8.    RELEVANT STATUTORY CONTROLS AND ENVIRONMENTAL PLANNING INSTRUMENTS

 

8.1       Environmental Planning and Assessment Act, 1979

 

The proposed development is local development that is integrated development as defined under the Environmental Planning and Assessment Act, 1979 (“EP&A Act”). As discussed above Council, has consulted the relevant integrated authorities under section 91A of the EP&A Act. In response DIPNR has advised that the development is not integrated development in terms of being development within 40 metres of a watercourse and no approval is required under the Rivers and Foreshores Improvement Act, 1974. The Heritage Council was consulted and the general terms of approval as granted have been incorporated into the recommendation of this report. The development was also referred to the Department of Environment and Conservation however at the date of this report no response had been received. This does not prevent the council from determining the development application and granting consent. Section 91A(5) of the EP&A Act enables Council to determine the development application in circumstances where the approval body “…fails to inform the consent authority, in accordance with the regulations, whether or not it will grant the approval, or of the general terms of its approval.”

 

Section 79B(3) of the EP&A Act provides that:

   “(3) Development consent cannot be granted for:

(a) development on land that is, or is a part of, critical habitat, or

(b) development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat,

without the concurrence of the Director-General of National Parks and Wildlife or, if a Minister is the consent authority, unless the Minister has consulted with the Minister administering the Threatened Species Conservation Act 1995”

 

As discussed above the proposed works involve the removal of a stand of ESBS from the Site adjacent to the Jennifer Street ESBS. There are approximately 36,614 square metres of ESBS contained on the Site and the proposed construction of NR4 will result in the removal of 1150 square metres of ESBS. This amounts to 2.2% of the ESBS in the Site.

 

Council determined under section 5A of the EP&A Act that this would have a significant impact upon the ESBS and required the preparation of a species impact statement to address this impact. The species impact statement has been assessed under this application and while the removal of the ESBS will result in a significant impact, mitigation measures are proposed which are to be implemented throughout the whole Prince Henry Hospital site through the implementation of the adopted Bushland Management Plan for the protection and enhancement of the remaining stands of ESBS and bushland during both the construction phase and the long term.

 

The long-term strategies include compensatory measures that have been approved by the former National Parks and Wildlife Service. The “off-set” compensatory measures include:

 

·    preservation, revegetation and rehabilitation of the northern and southern stands of ESBS in accordance with the approved BMP,

·    establish a Trust to manage the ESBS,

·    provide on-going funds to the Trust for the maintenance of the ESBS stands, and

·    contribute $100,000.00 to NPWS over a period of five years to compensate for the loss of ESBS associated with the Stage 2 infrastructure and streetscape works.

 

In addition it is proposed to translocate the ESBS that is removed from the construction area of NR4 and place it in the southern part of the proposed bushland reserve known s R4 as it has been assessed as being a suitable recipient site.

 

It is considered that the combination of preservation, revegetation, rehabilitation and on-going management of the ESBS in the reserves will compensate for the loss of ESBS resulting from the construction of NR4 and that subject to all other aspects of the proposed development being acceptable that the loss of ESBS is no impediment to the proposed development.  The DEC has previously advised Council that concurrence is not required if Council determines that the proposal is unlikely to have a significant effect on the threatened species.

 

8.2       Environment Protection and Biodiversity Conservation Act, 1995

 

The Environment Protection and Biodiversity Conservation Act, 1995 (“EPBC Act”) seeks to protect aspects of the environment that are of a national environmental significance. ESBS is listed under the EPBC Act as a threatened community. The development the subject of the adopted master plan was referred under the EPBC Act to the relevant Commonwealth Minister in April 2003 and approval was given to these works. Subsequent to the initial referral additional ESBS has been identified on Site part of which is required to be removed to facilitate the redevelopment of the Prince Henry Hospital site.

 

Environment Australia advised by letter dated 23 August 2004 that the proposed actions including the development the subject of this application was not a controlled action and therefore do not require an approval under the EPBC Act. A copy of the correspondence was submitted with the development application.

 

8.3     Threatened Species Conservation Act, 1995

 

The general aim of the Threatened Species Conservation Act (“TSC Act”), 1995 is to protect biological diversity and to protect threatened species, endangered populations or communities and their habitats.

 

In accordance with the TSC Act and the EP&A Act a species impact statement was prepared which identified the area of ESBS to be lost as a result of the development, the alternatives to undertaking the development and the proposed ameliorative measures. The impact on the ESBS was examined in great detail in section 8.1 above.

 

It is considered that the development proposal together with the ameliorative measures proposed satisfy the aims of the TSC Act.

 

8.4       Disability Discrimination Act, 1979

 

The development proposal the subject of the development application has been prepared in accordance with the Accessibility Report and guidelines that have been developed for the redevelopment of the former Prince Henry Hospital site and accepted by Council.

 

The design of the proposal will provide access for people with disabilities to the public domain areas consistent with legislative requirements and is consistent with the adopted master plan for the site.

 

 

8.5         Randwick Local Environmental Plan 1998

 

The Prince Henry Hospital site was zoned Special Uses 5 under Randwick LEP 1998 but has recently been rezoned under Amendment No. 28 with that part of the Prince Henry Hospital site, the subject of this application, rezoned to part Zone 2(d) Residential D and part unzoned in the areas comprising the future road reserves.

 

Clause 9 of the Randwick LEP 1998 states:

 

“The Council may grant consent to the carrying out of development on land to which this plan applies only after it has considered the extent to which the proposed development is consistent with the general aims of this plan and the specific objectives of the zone within which the development is proposed.”

 

The objectives of the Residential 2(d) zone are:

(a) to allow the comprehensive redevelopment of land for primarily residential and open space purposes, and

(b) to enable development that is not inconsistent with a master plan adopted under clause 40A, and

(c) to allow a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

(d) to enable residential development in a variety of density and housing forms, where such development does not adversely affect the amenity and function of surrounding areas, and

(e) to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality, and

(f) to allow a limited range and scale of non-residential uses, that are compatible with residential amenity on land identified for those uses within a master plan adopted under clause 40A.”

 

The proposed works are Stage 2 of the infrastructure and streetscape works necessary to allow the redevelopment of the former Prince Henry Hospital site for residential, commercial, community and open space purposes.

 

Roads are a use permissible with development consent in the Residential D zone and are therefore permissible with consent on the unzoned land pursuant to clause 39(1) of the Randwick LEP 1998, which states:

 

(1) 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 infrastructure works include the construction of a new public road, footpaths and kerb ramps, the construction of private roadways and driveways, removal of some existing services, and a new services network including service trenches and connections for stormwater, sewerage, water, gas, telecommunications and electricity, together with earthworks and retaining structures. The proposed infrastructure works include footpaths, planting, irrigation mains, street lighting and signage. 

 

The proposed works are permissible with development consent within the Residential D zone as they comprise works to construct roads and works preparatory to residential development on the land such as serviced apartments, dwelling houses and multi unit housing.

 

The proposal is consistent with the objectives of the Residential D zone as the works proposed will facilitate the comprehensive redevelopment of the former Hospital site for residential purposes and associated open space, community and commercial land uses and will enable development consistent with the adopted master plan for the site.

 

The location of the works and the style of landscape and streetscape works is consistent with the master plan adopted for the Prince Henry Hospital site and will facilitate the redevelopment of the former Prince Henry Hospital site.

 

The works proposed under this development application will supplement and compliment the works currently being undertaken under development applications DA 0443/03, DA 1043/03 and DA 1102/03.

 

The Prince Henry Hospital Site and specific buildings, structures and items within the site are listed as Heritage Items for the purpose of RLEP 1998. The works the subject of this application are located within an historic precinct identified as item 24A of Schedule 3 to the LEP.

 

Clause 46 of RLEP 1998 states:

“When determining an application for consent to carry out development on land in the vicinity of a heritage item, a heritage conservation area or a known or potential archaeological site, the Council must take into consideration the likely effect of the proposed development on the heritage significance of the heritage item, heritage conservation area or known or potential archaeological site and on its setting.”

 

The heritage significance of that part of the Prince Henry Hospital site the subject of this application has been extensively examined in the course of the assessment of this application as detailed in sections 5 and 6 of this report. It is considered that there will be no adverse impact upon the heritage significance of individual items or the Prince Henry site (conservation area) itself or the known and potential archaeological sites as a result of this development.

 

Clause 43 of RLEP 1998 states:

 

(1) The following development may be carried out only with the consent of the Council:

(a) demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, or

(b) altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior, or

(c) altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or

(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

(e) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

 

(2) When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area, including an assessment of:

(a) the pitch and form of the roof, if any, and

(b) the style, size, proportion and position of the openings for windows or doors, if any, and

(c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

 

(3) The Council may grant consent to a development application required by this clause only after it has considered a report that assesses the impact of the proposal on the heritage significance of the heritage item and its setting, or of the heritage conservation area.”

 

Having regard to the discussion and recommendations of the Heritage Impact Statement and the General Terms of Approval from the NSW Heritage Office it is considered that the items of Heritage Significance within and adjacent to the area the subject of this development application, and the Historic Precinct generally will be adequately protected or not adversely impacted upon during the undertaking of the proposed works which do not include the erection of any residential buildings.

 

Clause 44(1) of Randwick LEP 1998 states:

 

(1)      The Council may grant consent to the carrying out of development on a known or potential archaeological site that is reasonably likely to have Aboriginal heritage significance only where:

(a) it has considered an assessment (prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife) of how the proposed development would affect the conservation of the site and any relic reasonably likely to be located at the site, and

(b) it has notified the Director-General of its intention to do so and taken into consideration any comments received from the Director-General within 28 days after the notice was sent, and

(c) it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.”

 

The significance of the areas of European and Aboriginal Heritage significance have been examined in the preparation and adoption of the Site Masterplan and development control plan. They have been the subject of referral to the Heritage Office and NSW National Parks and Wildlife Service and the area is the subject of a Bushland Plan of Management. The recommendation of this report includes a number of conditions aimed at protecting the heritage significance of the known and potential archaeological sites in both the short and long term during construction activities and long term residential occupation of the Prince Henry site. It is considered that the requirements of clause 44(1) have been satisfied.

 

8.6       Policy Controls

a.    Development Control Plan - Prince Henry Hospital.

 

The site the subject of this development application is located partly within Precinct P3 and partly within the Historic Precinct of the Prince Henry Site Development Control Plan (“DCP”)

 

The majority of the objectives of the P3 Precinct relate to the built form of the future residential development within the precinct and are not a relevant consideration at this time. The objective that is relevant to this application is for development to protect remnant bushland and significant landscape elements.

 

It is considered that this objective is satisfied through the protection of the majority of remnant bushland within the stage 2 works area and the provision and management of reserve areas within and adjacent to the Stage 2 area.

 

The Plans of Management adopted for the Prince Henry Hospital site set out the methods for the preservation and enhancement of the ESBS and areas of archaeological and satisfy the requirements of clauses 2.5, 2.6 and 2.7 of the DCP.

 

The retention of the ESBS has been assessed by NSW Fire Brigade in terms of potential fire hazard and no modifications were required to the proposed works or retention of the ESBS. Assessment of potential impact of the retained ESBS on future residential development will be undertaken in the future when the design and location of such development is the subject of individual development applications. It is appropriate that design and construction issues for the protection of buildings from any potential threat from the ESBS and other retained bushland be examined at the future time.

 

The Heritage Precinct objectives seek to:

 

·    Conserve the heritage significance of the Historic Precinct and it’s setting.

 

·    Conserve significant built and landscape elements while adapting them to suitable new uses.

 

·    Ensure that new development respects the historic structure and layout of the precinct and relates sympathetically to significant built and landscape elements within the precinct.

 

The proposed development has been the subject of extensive consideration in relation to conservation of the heritage significance of the Stage 2 works area and as noted in the amended Heritage Impact Statement prepared for the proposal as noted in the Heritage Planners comments above: “The revised HIA acknowledges although a number of heritage impacts remain, the agreement represents a reasonable compromise between heritage considerations and Council’s requirements.” 

 

It is considered that the works when carried out in accordance with the recommended conditions will satisfy the objectives of the Heritage Precinct unde the DCP.

 

The site the subject of this development application is the subject of development consent DA 1188/02 for remediation and such works are underway. Conditions 2, 3 and 4 of the recommendation of this report address the relationship between the remediation of the land and the conduct of works under this development application and satisfies clause 5.7 of the DCP.

 

The application the subject of this report is consistent with the requirements of Section 6 as it relates to the provision of pedestrian and cycle access, vehicle access and parking, driveway location.

 

The proposed works will enable the creation of a sustainable neighbourhood that integrates new and existing development while conserving the natural, ecological and heritage significance of the site.

 

 

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. Of relevance to this application are the matters listed and discussed below.

 

(a).                          The provisions of any environmental planning instrument

 

The provisions of the EP&A Act as they relate to integrated development, the concurrence provisions relating to ESBS and the requirements of RLEP 1998 are addressed above. Other relevant environmental planning instruments are addressed as follows.

 

SEPP No. 19 – Bushland in Urban Areas requires the consent authority to consider the potential impact of the development on and the proposed management of “bushland” within or adjacent to the land. The southern stands of ESBS are included in the area the subject of this application.

 

The works within that part of the site containing the ESBS and adjacent to the ESBS have been the subject of a SIS assessed by Council and the subject of a request for concurrence from Department of Environment and Conservation. The ESBS is also the subject of a Plan of Management, which has been adopted for all remnant bushland within the Prince Henry Hospital site.

 

The management of the bushland is the subject of a Bushland Management Plan and in assessing this application consideration has been given to the design of the works to prevent adverse impact upon the bushland. The proposed conditions requiring the control of storm water away from the bushland areas and the species selection as part of the landscape works will limit the potential for adverse impact upon the bushland retained on site.

 

The remnant bushland on site will be protected and there will be positive public benefits as a result of the works proposed under this development application.

 

SEPP 55 – Remediation of Contaminated Land provides a statewide practice for the remediation of contaminated land. Development consent has been granted to DA 1188/02 for the demolition of buildings and the remediation of the subject site. The remediation works are underway in the northern section of the site, including the area the subject of this application.

 

The process adopted under the development consent to DA 1188/02 requires the production of a clearance instruction before works can commence on infrastructure elements of the site redevelopment such as roads, streetscape and landscape works and that a site audit statement is required prior to the undertaking of works on development land, being that land to be developed for residential, retail or community purposes. The process for site remediation relevant to the works under this development application is set out in conditions 2, 3 and 4 of the recommendation of this report.

 

The Site the subject of this application will be suitable for the development proposed following the remediation under DA 1188/02.

 

(b).                          The provisions of any draft environmental planning instrument

 

There is no draft environmental planning instrument relevant to the consideration of the subject application.

 

(c).                          The provisions of any development control plan

 

The DCP for the Prince Henry Site became operative on 8 December 2004. The purpose of the DCP is to provide a framework for the redevelopment at the Prince Henry Hospital site at Little Bay. The DCP provides performance criteria and controls to guide the built form, environmental and amenity standards, and requirements for appropriate heritage protection for the site.

 

The development application was accompanied by a site analysis and heritage impact statement as required by the DCP.

 

The road network on which the streetscape and landscape works are proposed are consistent with that adopted under the master plan and DCP. The proposed works compliment those being constructed and approved for the northern part of the developable land within the master planned area of the Prince Henry Hospital site under DA 0443/03, DA 1043/03 and DA 1103/03. Consideration has been given to the location of private access ways, roads and driveways to minimize conflict with traffic, maximize the potential for on street parking and to integrate the location within the landscape context of the road reserves. The works satisfy the relevant requirements of section 6 of the DCP.

 

As the focus of the DCP is upon achieving a suitable built form on site the majority of the controls are not relevant to the consideration of this application.

 

The works proposed would facilitate the redevelopment of the southern part of the Prince Henry Hospital site providing access to and within the residential precinct that will integrate new and existing development.

 

(d).                          The provisions of the Regulations

 

No matters of relevance other than as discussed in the context of this report are relevant to the consideration of this development application.

 

(e).                          Likely impact of the development

 

Subject to compliance with the proposed conditions there should be no adverse impact on items of natural, archaeological, environmental or physical heritage on site as discussed in the body of this report. The subject site is currently in the process of remediation to facilitate the redevelopment of the site, the infrastructure and streetscape works will have a positive end benefit.

 

(f).                           The suitability of the site for the development

 

The site has been the subject of extensive planning consideration through the process of adopting the master plan for the Prince Henry Hospital site, followed by the rezoning of the site under Amendment No. 28 and the adoption of a site specific DCP. Development consent has been issued to development application 1188/02 for the demolition of buildings and the remediation of the Prince Henry Hospital site.

 

Once remediated the site will be suitable for the purposes proposed under this development application and the master plan generally.

 

The site has not been identified as being bushfire prone land.

 

(g).                          Any submissions made in accordance with the Act or Regulations

 

No submissions were received in response to the public exhibition of the development application.

 

(h).                          Public Interest

 

The proposed works comprise the Stage 2 infrastructure and streetscape works and will facilitate the redevelopment of the former Prince Henry Hospital site. The ultimate redevelopment of the site will provide a positive economic effect while preserving the environmental, archaeological and heritage significance of the site.

 

The works under this application will facilitate that redevelopment, the works are in the public interest and will provide a positive public benefit in the provision of land for residential and community development with an appropriate level of service.

 

10.  CONCLUSION

 

The proposal involves the undertaking of infrastructure and streetscape works comprising the Stage 2 works in the southern area of the former Prince Henry Hospital site. The works will compliment those approved under DA 0443/03, DA 1102/03 and DA 1043/03 and comprise:

 

·    Construction of a road and car park and services within three road reserves to be dedicated to Council, a new road NR4 and the widening of existing roads EX5 and EX6. These works include the construction of an “S bend link” through to Pine Avenue.

 

·    Installation of kerb and gutter and road widening within Jennifer Street from NR4 to Anzac Parade which will accommodate a shared footpath and cycle way and the completion of a footpath and continuous kerb and gutter to the Australian Quadriplegic Association complex.

 

·    Reconstruction of the existing private driveways and walkways including Curie Avenue, PD4, PD5 and PD7 and the installation of services. The private driveways will be incorporated into the title of future development lots and will be managed in the short term by Landcom and in the long term by a future community association.

 

·    Construction of batters required to support road verges and the installation of infrastructure and services within the road reserves up to the boundaries of the future allotments.

 

·    Connection of the retained buildings to new services.

 

·    Streetscape works within the verges of the proposed roads (existing and new) and the private drives and walkways. The woks include footpaths, fill and planting, irrigation, street lighting and the provision of street furniture.

 

·    The undertaking of preparatory work for bushland regeneration to be undertaken in accordance with the Bushland Management Plan which has been adopted for the Prince Henry Hospital site.

 

·    The construction of stormwater disposal lines which are a component of the overall site stormwater management scheme which incorporates a Total Water Cycle Strategy and will connect into a stormwater disposal and irrigation system the construction of which is proposed under DA5 and DA6 being development applications currently with Council for assessment and determination.

 

The works will not adversely impact any item of environmental, archaeological, heritage or cultural significance.  The general terms of approval have been issued by Heritage Office for the application and have been included in the terms of the recommendation of this report

 

The proposed works are consistent with the provisions of the master plan adopted for the site, are permissible with consent and satisfy the objectives of Randwick LEP 1998, and comply with the relevant provisions of the Prince Henry DCP.

 

The proposal should be approved subject to the conditions within the recommendation below.

 

RECOMMENDATION:

 

THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 763/2004 (known as DA 4) for the Stage 2 construction of infrastructure and streetscape works within the former Prince Henry Hospital Site, 1430 Anzac Parade, Little Bay subject to the following conditions:

 

REFERENCED PLANS:

 

1.       Development must be implemented substantially in accordance with the details shown on

(a)        the drawings prepared numbered C-003 I General Notes , C-054G Typical Pavement Details C-201/2 Cover Sheet, C-202/4 Drawing list and Legends, C-232/E General Arrangement Plans – Sheet 32, C-233/E General Arrangement Plan – Sheet 33, C-235/8 General Arrangement Plan – Sheet 35, C-236/F General Arrangement Plans – Sheet 36, C-237/H General Arrangement Plans – Sheet 37, C-238/8 General Arrangement Plan – Sheet 38, C-239/8 General Arrangement Plan – Sheet 39, C-240/9 General Arrangement Plan – Sheet 40, C-241/8 General Arrangement Plan – Sheet 41, C-242/7 General Arrangement Plan – Sheet 42, C-243/1 General Arrangement Plan Sheet 33, C-250/7 Pavement Plan Sheet 1 of 3, C-251/7 Pavement Plan Sheet 2 of 3, C-252/6 Pavement Plan Sheet 3 of 3, C-265/1 Miscellaneous Details Sheet 1 of 2, C-266/1 Miscellaneous Details Sheet 2 of 2, C-300/1 Catchment Plan Sheet 1 of 3, C-301/1 Catchment Plan Sheet 2 of 3, C-302/1 Catchment Plan Sheet 3 of 3, C–340/4 Demolition Plan Sheet 1 of 2, C–341/3 Demolition Plan Sheet 2 of 2, DR-02/D Landscape Layout Drawing Register – Streetscape Stage 2, LL-01.1/D Landscape Layout – Streetscape Stage 2, LL-46/17/D Landscape Layout – Streetscape Stage 2, LL-47/18/D Landscape Layout – Streetscape Stage 2, LL-48/19/D Landscape Layout – Streetscape Stage 2, LL-49/20/D Landscape Layout – Streetscape Stage 2, LL-50/21/D Landscape Layout – Streetscape Stage 2, LL-51/22/D Landscape Layout – Streetscape Stage 2, LL-52/23/D Landscape Layout – Streetscape Stage 2, LL-53/24/D Landscape Layout – Streetscape Stage 2, LL-54/25/D Landscape Layout – Streetscape Stage 2, LL-55/26/D Landscape Layout – Streetscape Stage 2, LL-56/27/D Landscape Layout – Streetscape Stage 2,

LL-57/28/D Landscape Layout – Streetscape Stage 2, LL-03/B Street Lighting – Streetscape Stage 2, LD-01/A Landscape Detail – Streetscape Stage 2, and LD-02/A Landscape Detail – Streetscape Stage 2.

 

(b)        Statement of Environmental Effect (SEE) prepared by GSA Planning Pty Ltd dated September 2004 containing the Heritage Impact Statement (HIS) dated September, 2004, prepared by Godden Mackay Logan; and

 

(c)        Conservation Management Plan dated February, 2003 and Archaeological Management Plan dated August, 2002 prepared by Godden Mackay Logan and both endorsed by the NSW Heritage Council.

 

(d)        Road Network Specific Element Conservation Plan (SECP) dated July 2003 and the Heritage Impact Statement (HIS) dated September, 2004 prepared by Godden Mackay Logan.

 

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

 

2.         The land must be remediated in accordance with Council’s Development Consent 1188/02 (as amended). If not already furnished to Council, copies of the relevant Clearance Instructions or Site Audit Statements for the relevant land must be provided to the Council prior to any infrastructure works commencing.

 

3.         A copy of each Clearance Instruction must be provided to Council for information within 14 days of issue, together with an updated site plan which clearly shows all the areas of the land and lot numbers of the subject land issued with clearance instructions.

 

4.         No infrastructure or construction works are permitted to be undertaken unless the subject land has been remediated in accordance with consent 1188/02 (as amended) and all contamination and cross contamination issues have been addressed and the land is the subject of either a Site Audit Statement or a Clearance Instruction.

 

5.         The applicant is to engage the services of a suitably qualified environmental consultant to respond to enquiries and complaints made by the Community or Council in relation to contamination, remediation and construction site management matters.

 

A specific contact number is to be made available for such enquiries and complaints (including an after hours emergency contact number) and a complaints register is to be maintained to record all such enquiries, complaints and actions taken in response to same, which is to be made available to Council officers upon request.

 

6.         The works shall not give rise to environmental pollution or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health and Safety Act 2000 and Regulations there under.

 

7.         Any new information, which comes to light during demolition or construction works, which has the potential to alter previous conclusions about site contamination, shall be notified to the Council immediately.

 

 

The following conditions are applied to maintain reasonable levels of environmental amenity, health, general safety and amenity and public health safety during demolition works.    

 

8.         Noise emissions during works undertaken under this development consent 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.

 

9.         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 construction 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.

 

10.       Any hoarding or fences required for the undertaking of the works the subject of this consent must 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.

 

11.       Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of 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.

 

12.       Public access to the portions of the site where work is to occur, and to material and equipment is restricted, when work is not in progress or the site is unoccupied. Temporary safety fencing to surround the work areas is to be provided to protect the public. The temporary fencing to have a maximum height of 1.8 metres and to 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.

 

13.       A sign must be erected on the site in a prominent, visible position, prior to commencing any works under this consent, 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 can be contacted outside working hours.

 

The following conditions are applied to ensure adequate environmental protection.

 

14.       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.

 

15.       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.

 

16.       All site works shall comply with the occupational health and safety requirements of the NSW WorkCover Authority.  In this regard all contractors and employees shall adopt work practices in accordance with the requirements of WorkSafe’s Control of Inorganic Lead at Work (NOHSC:102(1994) and NOHSC:2015(1994).

 

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

 

17.       All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

The following condition is to be applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

18.       All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA) and certified in accordance with Section 116G of the Environmental Planning and Assessment Act 1979.

 

Security Deposit Conditions

 

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

 

19.       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)         $20000.00       -           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:

 

20.       The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works. The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

21.       Prior to the issuing of a construction certificate for the Stage 2 site the applicant shall submit to the Certifying Authority for approval, and have approved, engineering details, specifications, plans and quality plans for all filling/excavation works, drainage construction works, roadworks, kerb and gutter construction, footpath construction, construction of earth retaining structures, play equipment, landscaping works and site regrading, (including detailed levels, contours and cross sections that make reference to both existing and proposed surface levels). The engineering details and specifications shall include level and survey information, materials to be used, construction techniques and testing procedures and shall be prepared in consultation with Council and to the satisfaction of the Certifying Authority. (Note: The engineering specifications for any road construction shall be generally in accordance with the civil infrastructure specification submitted with the development application.

 

22.       The drainage construction specification and details referred to in the previous condition shall include the following:

 

·          Supply, laying and backfilling of the stormwater pipelines.

 

·          Construction of stormwater pits and other associated structures.

 

            The applicant shall note the following when preparing the specification:

 

a)         All future Council stormwater pipelines shall be constructed with spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). The Council stormwater pipelines shall be a minimum of 375mm diameter. Prior to backfilling, the pipeline shall be inspected and approved by the Certifying Authority.

 

            Generally backfill material for the pipeline trench shall be: -

 

·          clean sand.

·          watered in.

·          compacted in 150 mm layers with a minimum 97% relative compaction.

 

Note that should Council be the Certifying Authority, the applicant shall liaise with Council’s Director of Asset and Infrastructure regarding payment for the required inspections (2 working days clear notice shall be given prior to the required inspection/s)

 

b)         All standard extended kerb inlet pits shall be constructed:-

 

(i)         in “situ” (a precast pit will be acceptable only in a park or reserve).

(ii)     in accordance with Council’s drawings SD 3 or SD  8 (subject to the depth and/or the size of the pipeline).

(iii)        with a minimum concrete strength of 32 Mpa.

 

c)         All standard junction pits shall be constructed:-

 

(i)         in “situ” (a precast pit will be acceptable only in a park or reserve).

(ii)        in accordance with Council’s drawing SD 4.

(iii)        with a minimum concrete strength of 32 Mpa.

 

d)         All other pits that cannot be constructed to the above details shall be designed by a structural engineer. The detail of the pit/s shall in general, be similar to SD 3 (for an inlet pit) or SD 4 (for a junction pit). Note that all pits shall be;-

 

(i)         benched with a minimum 75 mm concrete.

(ii)        constructed with a minimum concrete strength of 32 Mpa.

 

23.       The minimum design serviceable life for all road pavements shall be 40 years, (with the minimum design traffic fro the pavement design being 2,000,000 ESAs). All other infrastructure i.e. kerb and gutter, footpaths, retaining walls, pipe drainage etc shall have a minimum design serviceable life of 80 years.

 

24.       All civil infrastructure that is to be dedicated to Council must be constructed strictly in accordance with the approved specification and in compliance with the above minimum design serviceable life requirements. The reuse of existing materials, (e.g. sandstone kerb), will only be considered if the materials are reconstructed in accordance with the approved specification and design life standards are guaranteed. Council will not accept care and control of any existing infrastructure which is at the end of its serviceable life and is likely to require restoration or replacement in the near to medium future.

 

25.       The applicant must delete any reference to kerb blisters within the proposed road pavements where the blisters are proposed for either street tree planting or as a surround for vehicular crossings and/or private driveways. Council will consider granting approval for only those kerb blisters that are located at road intersections or proposed pedestrian ways/pedestrian desire lines. The parking lanes shall be constructed in general accordance with the approved design specification for the proposed travel lanes. The applicant shall liaise with Council’s Development Engineer regarding kerb blisters prior to lodgement of a Construction Certificate for the roads. Any construction certificates or future development applications for this site must demonstrate compliance with this requirement.

 

26.       At locations where pedestrian footpaths are immediately adjacent to the travelling lane of any road a pedestrian safety fence is required that will prevent pedestrians accidentally stepping onto the road travelling lane. Turfed nature strips and/or parking lanes provide an adequate buffer to the travelling lanes. All costs associated with installation of the pedestrian safety fence are to be met by the applicant. Any construction certificate application for this site must demonstrate compliance with this requirement.

 

27.       The applicant must meet the full cost for all civil works required in the provision of a suitable concrete footpath going from the intersection of Anzac Parade and Jennifer Street to the Jennifer Street Quadriplegic Society Building. The Jennifer Street footpath works may require the applicant to construct kerb and gutter/associated roadworks for the full Jennifer Street frontage, going from Anzac Parade to the Quadriplegic Society Building, if the footpath is to be located, (kerb and gutter is required to achieve the verge formation to construct the footpath).

 

28.       Prior to the lodgement of a Construction Certificate for any part of the development site the applicant shall submit to Council for approval, and have approved, a detailed design for the intersection of EX3 and EX6. The detailed design shall reflect Council’s recommendation in the letter to the applicant dated 13/8/2003 and the various meetings held following the 13/8/2003 with the applicant and Council’s Assets Coordinator in attendance. The applicant must contact Council’s Assets Coordinator prior to undertaking the subject detailed design to obtain Council’s requirements for this section of EX3 and EX6.

 

29.       Heritage pavement alignment inlays strips in the road pavements shall be deleted as they have the potential to cause safety problems for motorists, particularly at night and if the pavement is wet.

 

30.       All civil construction works within/associated with the development site shall be constructed in accordance with the approved engineering details and specifications referred to above and shall be undertaken and paid for by the applicant.

 

31.       All Energy Australia Service Turrets shall be recessed wholly into the property boundaries/behind the prevailing property alignment, so that the turrets do not cause a trip hazard and the turrets do not hinder or obstruct the movement, access and enjoyment of the road reserve. The applicant is advised that should Energy Australia require the turrets to be located within the road reserve the applicant will be required to dedicate land to Council, the dimensions of such dedication/s shall be as required to satisfy all of Energy Australia’s requirements.

 

32.       Road intersections shall be designed with a minimum turning radius of 10.5 metres. Larger trucks such as 12.5 metre removalist trucks must be able to navigate the intersections without mounting kerbs but may mount medians provided that the medians are reinforced to the satisfaction of Council. Plans detailing the adequacy of all intersection with respect to truck movements must be submitted to Council for approval prior to the issuing of a Construction Certificate for construction of the roads.

 

33.       The applicant shall provide asset data, and transfer all data, in relation to all infrastructure and assets intended to be transferred into Council management, into Council’s asset management systems. The data shall be collected in a suitable form and transferred into Council’s assets management systems at the applicants cost. The applicant is advised to contact Council’s Assets Co-Coordinator to discuss Council’s requirements for the asset data.

 

34.       All quality tests and infrastructure certifications shall be submitted for Council’s acceptance prior to Council releasing the plan of subdivision and the acceptance of infrastructure that is to be transferred to Council’s care and control.

 

35.       The applicant shall meet the full cost for the design and construction of all new civil infrastructure, traffic facilities and alterations to existing infrastructure associated with development of the Stage 2 site.

 

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".

 

36.       A Construction Traffic Management Plan for this application must be prepared and approved by Council and RTA/Regional Traffic Committee (if required) prior to the commencement of any site construction works. The approved Construction Traffic Management Plan shall be complied with at all times.

 

37.       All kerb ramps must be designed and constructed to RTA Technical Direction TDT 2002/08.

 

38.       Any required retaining walls are to be located clear of road reserves proposed for dedication to Council and must remain under the care and control of Landcom, (i.e. not under Council’s care and control). The walls would need to be setback sufficiently from the road reserve boundaries such that all required drainage infrastructure, (i.e. drainage behind the retaining walls), can be provided clear of the road reserves.

 

39.       The minimum design traffic for the flexible pavement design for all internal roads shall be 2,000,000 ESAs.

 

40.       The minimum design serviceable life for all road pavements shall be 40 years, (with the minimum design traffic for the pavement design being 2,000,000 ESAs). All other infrastructure i.e. kerb and gutter, footpaths, retaining walls, pipe drainage etc shall be designed in strict accordance with the Council approved specification and engineering details. Any infrastructure that is not referred to in the Council approved specification and engineering details shall have a minimum design serviceable life of 80 years.

 

41.       Prior to the issuing of a construction certificate the applicant shall submit to Council for approval, and have approved, design details for any proposed on road cycleway, (in particular details of the linemarking). Design of the cycleway shall be in accordance with the Austroad Guidelines.

 

42.       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 construction works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

43.       All external work carried out on Council property shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works".

 

The following conditions are applied to provide adequate consideration for excavating Council’s footpath

 

44.       Details of any cutting or filling works required within the road reserve in order to gain access to the site to carry out the excavation and building works must be submitted to and approved by the Director of Asset and Infrastructure Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to the commencement of such construction works on the development site.  The cutting and filling work must be carried out by the Council, or by a contractor appointed by the applicant with the approval of the Council, at the applicant's cost.

 

Alignment Level Conditions

 

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

 

45.       The design alignment level at the Jennifer Street property boundaries for driveways, road pavements, access ramps and pathways or the like, must be obtained in writing from Council’s Department of Asset and Infrastructure Services prior to the commencement of any site construction works.

 

            Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department. The design alignment level at the property boundary must be strictly adhered to.

 

46.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $2500. This amount is to be paid prior to a construction certificate being issued for the development.

 

47.       The design alignment levels issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the civil plans for the proposed development. The design alignment level at the street boundaries, as issued by the Council, must be strictly adhered to.

Service Authority Conditions

 

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

 

48.       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.

 

49.       All public utility services located within the development site shall be suitably located underground and in compliance with the requirements/conditions imposed by the various service authorities.

 

50.       Prior to issuance of a construction certificate for any relevant part of the development, the applicant must submit to the certifying authority documentary evidence from each relevant public utility authority confirming that those requirements which the public utility authority requires to be satisfied prior to issue of a construction certificate, have been satisfied.

 

51.       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.

 

Note: Suitable easements for the utility services and documentation from the associated utility service provider that all services have been installed to their requirements and satisfaction shall be submitted to The Certifying Authority prior to the release of the linen plans and prior to Council accepting dedication of any part of infrastructure in which the services are located.

 

Note: there shall be no kiosks/substations located within the future or existing Council road reserve. Any kiosk/substation shall be located to the satisfaction and approval of Council and Energy Australia.

 

52.       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.

 

53.       All street lighting and lighting within reserves shall be installed in accordance with the relevant Australian Standards and Roads and Traffic Authority standards for lighting of residential streets, collector roads, intersections, pedestrian and cycle ways and public reserves.

 

54.       Prior to relevant construction works, the applicant shall submit and have approved by Council a compilation plan of all the public utilities.

 

Note that all public utilities that are parallel to the existing or proposed Council stormwater drainage pipelines shall be sufficiently clear of the pipeline such that Council could access the pipeline without the need for alteration to/relocation of the service. All site services shall be provided underground.

 

55.       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.

Drainage Conditions

 

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

 

56.       Prior to the issuing of a Construction Certificate for construction of the roads the applicant shall submit to the Certifying Authority for approval, and have approved, a detailed stormwater drainage plan. The applicant must liaise with Council, prior to preparation of the drainage plan, to obtain Council’s requirements for drainage works within, and adjacent to the development site.

 

Details shall include, but not be limited to:

 

·          A detailed drainage study/analysis identifying the catchment areas upstream of the site and the stormwater flows generated from these catchments, together with the catchment areas within the site and the flows generated from it. The study/analysis shall identify the overland flow rates and depths of flow from storm events up to the 1 in 100 year annual recurrence interval within the streets of the subdivision. Information submitted shall be generally in accordance with the flood study requirements of the latest draft “FLOODPLAIN MANAGEMENT MANUAL” (ISBN 07313 0370 9).

 

·          Confirmation of the existing and proposed finished surface levels within the development site. Documentation of the change in surface levels is required together with volumes of material imported or exported from the site.

 

·          Gross pollutant trap details (GPT). Note that any proposed GPT shall be designed in accordance Council’s specification and guidelines for determining Gross Pollutant Trap/s. The GPT’s are to be located within the road carriageway.

 

·          Stormwater drainage plans, pipeline longitudinal sections and calculations in general accordance with the recommendations of the Floodplain Management Manual” and “ Australian Rainfall and Runoff, 1997 Edition).

 

·          Typical cross sections for all roads, laneways, private laneways/right of carriageways.

 

Prior to the final inspection or the release of the linen plans, a copy of the above approved plans and details shall be submitted to Council.

 

57.       The calculations, drawings, plans, longitudinal sections and details for the roads and stormwater drainage shall be submitted to and approved by the Principal Certifying Authority prior to the issuing of a Construction Certificate. The details shall include the following information:

 

a)         A detailed drainage design at a scale of 1:200 and a catchment area plan at a scale of 1:1000 or as considered acceptable by the Certifying Authority, 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.

 

            Note:    Generally all proposed stormwater drainage pipelines shall be capable of discharging a minimum 1 in 20 year storm flow.

 

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

 

d)         Details of all stormwater overland flowpaths, (volume, depth, width and safety factor).

 

e)         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.

 

f)          A drainage plan and longitudinal section with all utility services accurately plotted for this stormwater pipeline must be provided.  It should be noted that notwithstanding the calculations, the minimum pipe diameter acceptable within Council's street system and/or easement is 375mm.

 

h)         All public utility services, where they are to be laid parallel to the Council stormwater pipeline, shall be located a minimum of 1.5 metres from the centreline of the stormwater pipeline.

 

Prior to the final inspection or the release of the linen plan, or as may be agreed with the Principal Certifying Authority, a copy of the approved plans and details shall be submitted to Council.

 

 

58.       The proposed internal roadways, drainage easements and overland flow routes shall be designed to drain the 1 in 100 year storm event and to consider personal and structure safety and the hazard factor, (product of velocity and depth of flow) This safety factor shall not exceed a value of 0.4 at any location. (i.e. VD< 0.4). The maximum ponding depth of water in the proposed Crescent Park WSUD swale is not to exceed 300mm.

 

59.       On-site detention must be provided for any part of the site draining in a general westerly direction towards Anzac Parade to ensure that the maximum discharge from this area/s 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 area/s 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. The calculations, drawings, plans, longitudinal sections and details for the roads and stormwater drainage shall demonstrate compliance with this requirement.

 

60.       All interallotment stormwater drainage lines must be designed, as a minimum, to accommodate stormwater flows generated by the 1 in 20 year storm event. Suitable width easements are to be created over the line of any interallotment drainage system in conjunction with any plan of subdivision for the development site, (the pipeline is to be centrally located within the easement). In the situation where no legal overland flow route exists for flows generated by storm events greater than the 1 in 20 year storm event the interallotment drainage line and the required drainage easement must be capable of containing within the easement and discharging storm water flows generated by storm events up to the 1 in 100 year storm event.

 

The minimum easement width shall be 1.0 metre for lightweight pipes up to and including 300mm in diameter. Easement widths for drainage lines that are not lightweight, (e.g. concrete), and larger than 300mm in diameter should be sufficient to enable maintenance equipment to access the pipeline.

 

Stormwater design details, together with proposed easement widths, shall be submitted to the certifying authority for approval, and be approved, prior to the issuing of a construction certificate.

 

61.       A work-as-executed plan, prepared and signed by a registered surveyor and a suitably qualified hydraulic engineer, must be submitted to the Principal Certifying Authority and be approved, within four weeks of completion of the works and prior to then being made available for public use. The work-as-executed plan shall be submitted with documentary evidence demonstrating compliance with the stormwater drainage development conditions and the plans approved by the Certifying Authority and Council’s Director of Assets and Infrastructure Services.  

 

The work-as-executed plan shall detail the location and finished surface levels of all civil works within and adjacent to the site including (but not limited to)

 

·          the roads,

·          stormwater drainage pits (including the internal dimensions, surface and invert levels, lintel size etc)

·          pipelines (including the invert levels. pipeline diameters)

·          overland flow paths, (including the volume, depth and width of the flow path) etc. with finished surface level contours at 0.2 metre intervals.

·          utility services locations size and depths/levels

·          levels of the resultant lot/s

 

For the overland flow paths the following details must be included:-

 

a)         cross sections showing the 1 in 100 year water level and the extent (depth and width)

b)         resultant gradients

 

Note: Upon completion of the works, or the period as may be agreed with the Principal Certifying Authority, a copy of all WAE civil drawings, approved civil drawings, stormwater calculations (on hard copy and on disk) are to be submitted to Council.

 

62.       The applicant’s engineer shall carry out site inspections and certify that all civil structural works within Council’s road reserve (eg all steel reinforcement, concrete works, laying of pipelines, pavements, etc.) have been constructed and inspected under his/her supervision.

 

The engineer must also certify that the civil and stormwater drainage works, (including any GPT’s) have been constructed:-

 

(i)         in accordance with the approved plans and conditions of consent and Master Plan

(ii)        to the requirements of the Council approved specification.

in a workman like manner.

(iii)       to his/her requirements and satisfaction.

(iv)       to the manufacturer’s requirements and conditions, (eg GPT’s)

 

63.       Any existing Council controlled stormwater pipeline/s that burden the site, shall be fully protected during all excavation and construction works. Details of how it is proposed to protect and maintain Council controlled pipelines during the construction works shall be submitted to the Principal Certifying Authority for approval, and be approved, prior to the commencement of any site construction works. Design/construction details for any pipeline reconstruction works deemed necessary by Council, in consultation with the applicant, shall be submitted to the Principal Certifying Authority for approval, and be approved, prior to the commencement of any site construction works.

 

The applicant shall liaise with Council’s Development Engineer to reach an agreed position on the need for existing Council stormwater pipelines that are located under a road pavement to be reconstructed with a new stormwater drainage pipeline.

 

64.       Prior to the finalisation of works, the applicant shall submit to the Principal Certifying Authority CCTV videos of all existing and to be dedicated Council stormwater pipelines for the drainage of stormwater through the site and Garden Street. Such CCTV shall inspect all stormwater pipes for any construction damage.

 

The applicant shall note that should this pipeline be damaged, Council will require that the damaged pipeline be reconstructed together with junction pits at each end where the pipeline reconstruction works are located. All costs associated with removing and constructing the pipeline and associated works shall be met by the applicant.

 

65.       Any Gross Pollutant Traps (GPTs) shall be regularly inspected, maintained and cleaned by the applicant, to the Council’s satisfaction for a minimum period of 12 months from the date of completion of all civil works.

 

66.       Construction zone run-off controls (hay bales, sedimentation basins etc.) are to be inspected regularly and during and after rainfall to assess performance. Weekly reports on effectiveness/maintenance of all sedimentation controls and practices are to be provided to the Principal Certifying Authority.

 

67.       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.

Waste Management Conditions

 

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

 

68.       Prior to the issuing of a Construction Certificate for construction of the roads the applicant shall submit to the Principal Certifying Authority for approval, and have approved, the proposed method for collection of domestic waste for the development site. The applicant shall note that satisfactory collection of domestic waste may require alterations/modifications to the proposed road network and or travel lane/footpath/parking lane configuration of the road network.

 

Open Space/Public Domain Conditions

 

69.       Prior to the commencement of road construction works a Public Domain Plan for the site is to be submitted to Council for approval, and be approved. Such a plan shall demonstrate the strategies that are proposed for the urban design of the public domain (including open space reserves) and the provision of good pedestrian access, recreational diversity and environmental sustainability. These strategies shall be consistent with the Master Plan that has already been accepted by Council and Council’s management requirements. The strategies will include

 

·    tree planting strategy,

·    water management strategies,

·    footpath strategy,

·    Park planning strategy

 

Further to this, the Public Domain Plan shall also include details of individual treatments throughout the site. These treatments shall be consistent with Council’s management requirements. The details shall be a detailed design showing plans elevations, sections, the materials and finishes for the following elements, (where relevant):

 

·    Street tree planting

·    Design of public parks

·    Park planting

·    Footpath treatments

·    Street furniture

·    Street lighting

·    Street signs

·    Kerb ramps

·    Park lighting

·    Automatic irrigation systems

·    Water features

·    Playgrounds

·    Pavements

·    Retaining walls and balustrades

·    Bicycle facilities

·    Bus shelters

·    Shade structures

 

The Public Domain Plan shall be complied with and any future development application submissions should be in general accordance with the approved Public Domain Plan.

 

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

70.       Council will not accept dedication/care and control of any public reserve, road or other asset, (eg stormwater pipeline), until it is satisfied that all civil construction works, building works and landscape works have been carried out in accordance with the approved design plans and specifications and that all conditions of development consent relating to the area to be dedicated have been complied with.

 

The following Conditions are applied to provide adequate provisions for the protection of bushland, including Eastern Suburbs Banksia Scrub.

 

71.       Prior to the release of the construction certificate the applicant must provide the Department of Environment and Conservation with at least 20% of the agreed $100,000 compensatory monies to manage Eastern Suburbs Banksia Scrub in the Botany Bay National Park (“initial contribution”). The balance of the money, (i.e. $100,000 minus the initial contribution), must be paid to the Department of Environment and Conservation within 2 years from the date of payment of the initial contribution.

 

72.       Prior to commencement of any site construction works the applicant must submit to Council for approval, and have approved, end dates for the completion of the 5-year Bushland Management Plan works for bushland areas R4, R5 and R7. The Bushland Management Plan shall be amended to reflect the works program and copies of the amended Bushland Management Plan shall be submitted to Council for its records.

 

73.       All plans submitted for approval with any construction certificate for works within, or adjacent to the area identified as Management Areas “R4, R5, and R7” in the Bushland Management Plan must be prepared in compliance with the relevant provisions of the Council approved Bushland Management Plan.

 

74.       The applicant must comply with the Council approved Bushland Management Plan when carrying out any works that are the subject of this consent. The Bushland Management Areas referred to as R4, R5, and R7 in the Bushland Management Plan must be protected in strict compliance with the Council approved Bushland Management Plan,.

 

75.       A refundable deposit, in the form of cash or cheque, for the amount of $20,000.00, shall be lodged with Council prior to issuing of a construction certificate for this application. The refundable deposit is placed as security to ensure that, subject to the works required and/or authorised by this development consent, no detrimental environmental effect occurs within or to Eastern Suburbs Banksia Scrub or Bushland Management Areas R4, R5 and R7. The refundable deposit will be released at the time of completion of all works, providing that no detrimental environmental effect has occurred within or to Eastern Suburbs Banksia Scrub or Bushland Management Areas R4, R5 and R7 throughout the proposed works. Any contravention of Council's Bushland Conditions at any time during the development may result in the Council claiming all or part of the lodged security to the extent necessary to enable Council to carry out necessary repair or ameliorative works within or to Eastern Suburbs Banksia Scrub or Bushland Management Areas R4, R5 and R7.

 

76.       Council must be provided with a copy of the Part 3A permit from Department of Infrastructure Planning and Natural Resources prior to commencement of construction.

Landscape Conditions

 

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

 

77.       Landscaping shall be installed substantially in accordance with the landscaped areas shown on the Landscape Layout Streetscape Stage 2, plan number DR-02, LL-01.1, LL-46/17, LL-47/18, LL 48/19, LL-49/20, LL-50/21, LL-51/22, LL-52/23, LL-53/24, LL-54/25, LL-55/26, LL-56/27 and LL-57/28 issue D, LL-03 issue B, LD-01 and LD-02 issue A, project 354, dated 07/09/04. Additional information including details and specifications are to be submitted to, and be 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.         Position of existing and proposed site services including water, gas, electricity, sewer, stormwater, etc.

 

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

 

d.         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.

 

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

 

78.       The landscaping shall be installed in accordance with the approved documentation referred to in condition 78 prior to the use of the roads by members of the public and prior to dedication of the roads to Council and shall be maintained in accordance with those plans.

 

Documentary evidence is to be obtained from a suitably qualified Landscape Architect and submitted to the principal certifying authority (PCA) prior to dedication to Council or use of the roads by members of the public which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

79.       To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas, including street trees and verge plantings. Such a 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.

 

80.       Prior to Council accepting dedication of the proposed works, the applicant will be required to provide Council with all relevant details of the irrigation system such as, but not limited to, ‘as built’ drawings, manuals, parts lists, supplier/installer details, warranties and guarantees. Council will not accept dedication until this information is received to our satisfaction.

 

81.       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.

 

The naturestrip within the 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.

 

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

 

83.       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.

 

84.       Approval is granted for the removal from the Stage 2 site of those trees identified for removal in the Tree Report prepared by Treescan Urban Forest Management and dated April 2003. The construction certificate application shall make detailed reference to those trees that are to be removed and clearly identify those trees that are to be retained and protected in accordance with the Tree Report prepared by Treescan Urban Forest Management and dated April 2003 in conjunction with the proposed works.

 

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

 

The following conditions are imposed to reflect the requirements of the integrated authorities in relation to Heritage Issues

 

86.         Prior to works commencing under this consent the Applicant is to consult with the Department of Environment and Conservation and obtain any necessary approvals under section 90 of the National Parks and Wildlife Act, 1974 as may be required.

 

Nominated Heritage Consultant

 

87.       A heritage consultant shall be nominated for the works.  The consultant shall have appropriate qualifications and experience commensurate with the scope of the works.  The name and experience of this consultant shall be submitted to the Director of the Heritage Office for approval prior to the release of the construction certificate.

 

88.       The consultant shall advise on the detail design resolution of new elements, undertake on site heritage inductions, inspect the demolition and removal works to maximise reuse and protection of salvageable material, construction of new elements, design and installation of services (to minimise impacts on significant fabric and views), and manage the implementation of the conditions of approval.

 

89.       A report by the consultant (illustrated by works’ photographs) shall be submitted to the Director of the NSW Heritage Office for approval within 3 months of the completion of the works, which describes the work, any impacts/damage and remedial works carried out.

 

Natural Heritage:

 

90.       Concerning the mitigation of the impact of the proposal on ESBS Stand 4 and in accordance with the recommendations included in the Species Impact Statement the following is to be implemented:

 

a)   Rehabilitation to enhance and enlarge the remaining stand;

b)   Translocation of a significant biota species salvaged during the works;

c)   Maintenance; and

d)   Installation of rabbit proof fences and other protective fences to inhibit pedestrian access to the site.

 

Aboriginal Archaeology

 

91.       Any ground disturbance and excavation carried out as part of the proposed works is to be undertaken in consultation with the La Perouse Local Aboriginal Land Council (LPLALC) and, where requested, be subject to LPLALC and archaeological monitoring.

 

92.       Should Aboriginal objects be found, the Department of Conservation (DEC) (formerly National Parks and Wildlife Service (NPWS)) is to be informed (as required by the provisions of the National Parks and Wildlife Act 1974 [NSW]).  Subject to an assessment of the extent, integrity and significance of any exposed objects, applications under either Section 87 or Section 90 of the NPWS Act may be required before work can resume.

 

93.       An application is to be made to DEC to register the Tram Loop as an Aboriginal site pursuant to the NPWS Act.  An application for consent to destroy part of the site should then be made to the DEC in accordance with the provisions of the AMP and in consultation with the LPLALC.

 

94.       Prior to the commencement of the proposed works, all those involved should be made aware of the existence of Aboriginal archaeological remains at the Prince Henry site, and of the possibility that more as yet undiscovered Aboriginal cultural material may exist there.

 

95.       Site contractors should be advised of their obligations under the National Parks and Wildlife Act 1974 and notification procedures in the event that any Aboriginal cultural material is disturbed or exposed during site works.

 

Historical Archaeology

 

96.       All work is to be undertaken in accordance with the requirements of Excavation Permit 03/s60/131, which specifically includes 'relics' disturbance or removal as a consequence of DA4 requirements and Excavation Permit 2004/s60/52.

 

97.       All contractors and subcontractors are to be inducted and informed by the nominated heritage consultant prior to commencing work on site as to their obligations and requirement under the relic provisions included the NSW Heritage Act 1977 and Heritage Office guidelines.

 

Works

 

98.       Significant building elements, features and fragile materials shall be adequately protected during the works from potential damage.  Protection systems must ensure historic fabric is not damaged or removed.  Significant fabric (such as kerbs, gutters and significant paving) in the vicinity of the development and wherever construction vehicles are used are to be protected during excavation and construction work.  A methodology describing the protection of significant built and landscape elements during the work is to be submitted to the Director of the Heritage Office prior to the release of the construction certificate.  The methodology is to be included in a Master Program and Site Co-ordination Plan (or Work Plan).

 

99.       The proposed concrete colour and finish for new areas of footpaths, kerbs, gutter and road surfaces (which will be laid adjacent to retained areas) are to ensure the finish is sympathetic with (but does not copy) retained fabric.  A sample area of the material should be laid and allow to cure for approval by the nominate heritage consultant before the relevant work commences.

 

100.     New kerbs in roads which will remain in the ownership of the Price Henry at little Bay Trust in the Historic Precinct (defined in the Conservation Management Plan, February 2003) are to match existing (c 1937) concrete kerbs’ profile featuring a vertical front face. Detail resolution is to be to the approval of the nominated heritage consultant.

 

101.     Concrete for repaired kerbs and footpaths in the Historic Precinct (defined in the Conservation Management Plan, February 2003) are to match the existing adjacent kerbs’ colour and finish.  A sample area of the material should be laid and allow to cure for approval by the nominate heritage consultant before the relevant work commences.

 

102.     At the junctions of the proposed publicly owned and privately owned roads and paths, the existing radius kerbs are to be retained in the new road verges to allow the original layout to be interpreted.  The junction of the 1937 N/S road west of Delaney and Gull St is to be similarly interpreted.  The nominated heritage consultant is to provide advice and approve the details.

 

103.     Alteration of any sandstone kerbing is to be undertaken in accordance with Conservation Management Plan and the Specific Elements Conservation Policy (SECP) for the Road Network as amended by the Proposed Roads Management document.  The kerbing is to be carefully removed and stored safely and inspected by the nominated heritage consultant who is to identify intact pieces to be reset in accordance with the policies contained in the Road Network SECP as amended by the Proposed Roads Management document.

 

104.     Before work commences on the reconstruction of the radius kerbs to the Flowers Wards entry ramps, evidence is to be recorded with photographs and drawings.  The proposed design of the new radius kerbs is to be to the approval of the nominated heritage consultant.

 

105.     Further investigation is to be undertaken in consultation with the nominated heritage consultant to retain in situ all or representative examples of the existing stormwater pits and grates in the southern sections of Darwin and Curie Avenue, subject to meeting safety requirements.  If grates are to be replaced for safety reasons, approval is to be sought from the Director of the Heritage Office.

 

106.     The new rock cuttings to the west of Brodie Avenue and to the south of NR4 are to match the character and finish of the existing.

 

107.     The rockery to the southeast and east of Henry's Trading Post is to be carefully removed and stored and to be re-built after the widening of Brodie Avenue.

 

108.     The rabbit proof fence and its fixing on the rock cutting on the south side of NR4 is to be designed to the approval of the nominated heritage consultant to minimise its visual impact and physical damage.

 

Services

 

109.     The installation of services shall be carried out in such a manner as to minimise damage to or removal of historic fabric and shall not obscure historic features.  Service runs should be grouped and concealed within the new work.  Proposed service reticulation is to minimise any crossings and interface with retained significant fabric.  Penetrations through heritage fabric should be minimised.

 

110.     Service reticulation proposed to be positioned in the road reserves are to avoid being positioned beneath retained sections of pavement to minimise disturbance.

 

111.     The work to lift and re-set existing sandstone kerbing which has subsided is to be coordinated with the installation of the services to minimise impact on significant fabric.

 

112.     Service lines including, water supply, irrigation, electrical, gas, data and communications which cross retained significant paving and/or kerbs are to be thrust-bored and carried out in accordance with the Roads Network SECP.

 

113.     Stormwater crossings are to be modified so they are perpendicular to the kerb and coincide with existing joints in the pavement to minimise saw cutting and impact on significant fabric.  The disturbance of existing concrete paving and kerbs for the installation of stormwater lines is to be undertaken in consultation with the nominated heritage consultant, minimised and repaired in accordance with the conditions of this consent.

 

114.     The proposed locations of the electrical turret and substation locations within the Historic Precinct are to be approved by the nominated heritage consultant to minimise their impact on the setting of significant elements.

 

Setting and Views

 

115.     Parking at the north end of Brodie Avenue, at the north end of Flowers Ward 1, is to be restricted to a 'No Standing' zone to allow drop-off only to minimise the impact of parking on the setting of Flowers Ward 1.

 

116.     Parking at the north end of Ewing Avenue, on the western side of the former Nurses Lecture Hall, is to be restricted to a 'No Stopping' zone to minimise the impact of vehicles on the setting of the former Nurses Lecture Hall.

 

117.     Parking on the south side of the former Nurses Lecture Hall is to be restricted to a 'No Standing' zone to allow drop-off only and to minimise the impact of parking on the setting of the former Nurses Lecture Hall.

 

118.     The angophoras proposed to be planted along the Public Walkways are to be trimmed and their growth managed so that they grow with clear stems and sparse canopy to prevent blocking the views from the Flowers Wards to the east.

 

Further information

 

119.     Further details are to be provided to the Director of the Heritage Office showing proposed modifications to the area in front of the Delaney Building on Gull St.  The nominated heritage consultant is to advise on the detail design.

 

120.     The Road Network SECP is to be updated to reflect recent agreements between Landcom, the Heritage Office and Randwick City Council and lodged with the NSW Heritage Council for endorsement.

 

S60 application

 

121.     An application under section 60 of the NSW Heritage Act is be submitted and approved by the NSW Heritage Council prior to work commencing.

 

ADVISORY CONDITIONS

 

1.         All civil infrastructure which is intended to be transferred to the stewardship of Council must gain the various approvals of the Director of Assets and Infrastructure Services prior to Council accepting the transfer of Civil Infrastructure or, where considered more appropriate, prior to the issuing of a construction certificate.  Design details and specifications must be considered and approved prior to the issuing of a construction certificate for the relevant part of the development.

 

2.         Prior to the issuing the construction certificate, the DAIS and the Certifying Authority must have approved all construction plans and specifications including materials, for all infrastructure intended to be transferred to Council.

 

3.         Council will only accept new infrastructure that will achieve the following minimum design serviceable life.

 

a.   Road Pavements 40 years with the minimum design traffic for the pavement design being 2,000,000 ESA’s and designed in accordance with AUSTROADS PAVEMENT DESIGN GUIDE.

b.   All other infrastructure i.e. Kerb and gutter, footpaths, retaining walls, pipe drainage etc shall have a minimum design serviceable life of 80 years.

 

4.         Council will not accept old infrastructure, which is at the end of its serviceable life and would require restoration or replacement in the near to medium future.

 

5.         Where pedestrian footpaths are immediately adjacent to the travelling lane of any road a pedestrian safety fence is required that will prevent pedestrians accidentally stepping onto the road travelling lane. Turfed nature strips and/or parking lanes provide an adequate buffer to the travelling lanes.

 

6.         Arising from the traffic generation of the development and the significant alterations to the Jennifer Street adjacent to the frontage of the development, the applicant shall overlay Jennifer Street with 50mm depth of Asphaltic Concrete for the entire frontage of Jennifer Street prior to the release of the plan of subdivision. Road edge profiling is required as part of overlay works.

 

7.         The applicant shall install pedestrian fencing on the centre median of Anzac Parade to control and confine pedestrian road crossings to the marked foot crossing near the Anzac Parade Pine Avenue roundabout. This fencing is to improve the pedestrian safety adjacent to the development.

 

8.         All vehicular crossings that deliver vehicles directly onto the travelling lanes of the roads shall be redesigned such that the driveways deliver vehicles either onto the parking lane or sufficient pavement widening such that the front of a standard vehicle does not overhang the road pavement should the vehicle prop with its wheels in the gutter. This condition is required to improve the safety of the drivers.

 

9.         Heritage pavement alignment inlay strips in the road pavements shall be deleted as they have the potential to cause safety problems for motorists, particularly at night and if the pavement is wet. Motorists unfamiliar with the inlay strip may follow the inlay and cause an accident.

 

 

 

ATTACHMENT/S:

 

A4 Reduced Plan

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

CLARE BROWN

DIRECTOR, CITY PLANNING

CONSULTANT PLANNER


 

Director, City Planning Report 21/2005

 

 

 

SUBJECT:

30 Flower Street, Maroubra

 

 

DATE:

13 April, 2005

FILE NO:

932/2004/A

 

 

REPORT BY:            DIRECTOR, CITY PLANNING    

 

 

INTRODUCTION:

 

Attached is the Section 96 Report for Development application 932/2004.  The application is to modify Condition No. 3 and Condition No. 4 relating to the first floor privacy screen and porch on the southern elevation.

 

 

RECOMMENDATION:

 

That Council consider and determine the Section 96 application in accordance with the recommendation contained in the attached report.

 

 

ATTACHMENT/S:

 

1.   Section 96 Application Report dated 11 April 2005 2005.

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 

 

 

 

 

 


Section 96 Application Report

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

11 April 2005

FILE NO:

932/2004/A

 

PROPOSAL:

The application is to modify Condition No: 3 & Condition No: 4 relating to the first floor privacy screen and porch on the southern elevation.

PROPERTY:

30 Flower Street, Maroubra

WARD:

Central Ward

APPLICANT:

Archman Design Services

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to the ordinary meeting of Council as the matter involves a Council staff member.  On 30 November 2004 Council granted development approval for alterations and additions to an existing duplex at No.30 Flower Street, Maroubra

 

The applicant has applied to Council under Section 96 (2) of the Environmental Planning and Assessment Act, 1979, to amend the approved design to incorporate changes to the proposed portico structure and upper level privacy screen.  These matters were the subject of specific conditions of the development consent requiring deletion of the portico and a change to the design of the privacy screen (conditions 3 and 4).

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the amendments being made are “substantially the same” as the originally approved development proposal.  The proposed amendments have been assessed under the provisions of Section 96 and it is considered that the proposed development will not cause any significant privacy or amenity issues and will have no substantial impacts on the locality.  The proposed amendments made are “substantially the same” as the originally approved development.   

 

The recommendation is for approval subject to modified conditions. 

 

2.       THE PROPOSAL

 

The proposed modification involves altering the duplex development by:

 

§  Increasing the height of the proposed privacy screen located along the southern elevation at first floor level.  The screen was limited in height to 1.8 metres by condition 3 of the development consent.  The applicant proposes that the screen extend to the underside of the pergola of the balcony resulting in a height of approximately 2.5 metres;      and

 

§  The proposed portico, which was to be deleted from the approved development, has been redesigned with a lower roof form and a setback of 500mm from the side boundary.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Flower Street on the corner of Galvin Street and is presently occupied by a two-storey duplex style multi unit housing development.  The site has a frontage width of 12.19m, a side boundary depth of 30.435m and has an overall site area of 371m².  Neighbouring the property is a mixture of similar duplex’s, multi unit housing development and freestanding dwellings.

 

4.       RELEVANT HISTORY:

 

The current approval for alterations and additions to the existing duplex including the provision of a new kitchen, laundry and bathroom to each dwelling, a rear ground floor timber deck and first floor balcony with external stair.  It is also proposed to alter the existing front fence by installing timber slat infill panels above the existing dwarf brick wall, having a total height of 1.5m and demolish the existing single carport to the rear of the premises and replace with a new double carport. An attic style storeroom will also be provided within the existing roof space.  Council also approved external decks with privacy screening at a height of 1.8 resulting in the screen being approximately 2.4 metres above ground level on the southern boundary of the site.

 

The application was approved under delegated authority subject to conditions requiring changes to the upper level privacy screen and the deletion of the proposed entrance portico on the southern side of the building.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the Randwick Local Environmental Plan 1998 on 2 February 2005. The following submission was received:

 

J F Schilt

1/32 Flower Street, Maroubra

 

Concerns:

 

-        The 3 to 4 metre high wall would still not comply with building standards.

-        The wall will still overshadow the entrance area and two habitable rooms on the northern side of their building.

-        There will be loss of direct sunlight to these areas.

-        The amended proposal will not reduce the bulk and scale nor provide acceptable amenity to their property.

-        The amended development is out of keeping with the general amenity of the area.

-        A better design that will not impact on the amenity of their property should be sort.

 

Comment:

 

The shadow diagrams were considered as part of the previous delegated report.  At that time it was concluded that because the portico is on the southern side of the building, the portico structure would have little or no impact in terms of overshadowing.  This situation remains unchanged by the proposed alternative scheme, particularly as the portico is of less bulk and scale than the previous design.

 

The portico structure will improve the privacy between the two developments.  At present occupants of the lower dwelling on the subject site exit the premises facing the adjoining dwelling.  The adjoining property has a similar front entrance requiring occupants to also  face the subject site whilst leaving the building.  The portico structure will provide screening to both parties reducing privacy impacts.

The privacy screening approved as part of the original application has a height of 2.4 metres, provides some bulk and scale when viewed from the objector’s property.  The additional bulk and scale of the portico is not significant in this context of approved privacy screen.

 

Alternate solutions may be available but the design of the portico blends with the existing building by providing a pitched tile roof and appropriate brickwork to match the existing building.  The new entrance portico provides some identity to the entrance to the ground level dwelling.

 

6.       TECHNICAL OFFICERS COMMENTS

 

No referrals were required.

 

7.       SECTION 96 ASSESSMENT

 

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

 

7.1     Substantially the Same Development:

 

The proposed development is considered to be substantially the same developmentThe proposed modifications entail minor changes to the overall form of the approved building and entail no significant impacts on the adjoining properties or the locality.   

 

7.2     Section 79C Assessment:

 

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

 

7.2.1  Randwick Local Environmental Plan 1998

 

Clause 31 - Landscaping

 

The proposed modification does not alter the approved landscaping arrangement.

 

Clause 32 – Floor space ratio

 

In 2C zones the maximum floor space ratio for buildings other than dwellings on allotments less that 700m is 0.65:1. The proposed floor space ratio of the building including the new floor space is 0.61:1, which satisfies the LEP controls.

 

The proposed modification results in a minor increase in floor space of less than 3.6m².  The proposed floor space is still well within the allowable floor space ratio.

 

Clause 33 – Building Heights

 

The maximum height of buildings other than dwellings in a 2C zone is 12m, the proposed building will have a maximum height of 8.9m which readily complies with this control of the LEP.

 

The portico structure has a height of 3 metres at the point closest to the neighbour.  The height easily complies with Council’s requirements.

7.3     Building Setbacks

 

The DCP Multi-Unit Housing contains overall objectives and performance requirements that seek to reduce the impact of any development upon adjoining land, by ensuring that there is adequate separation between buildings and the development is integrated with the desirable characteristics of the established streetscape.

 

The original assessment concluded that the siting of the new enclosed porch up to the southern boundary could not be supported.  It was considered that the overall bulk and scale of this new portion of the building, being sited directly upon the boundary, would have an unacceptable impact upon the amenity of the adjoining premises.

 

The new design has setback the portico 500mm from the boundary and reduced the roof form significantly.  The eaves overhang, albeit very slight, reduces this distance to approximately 350mm.

 

Despite the closeness of the structure, only 500mm of the portico wall will be viewable above the approved privacy screening.  This screening extends to a height of RL 53.59, which is 2.7 metres above ground level.  The proposed portico would have an upper height limit to the gutter of RL54.09, a difference of only 500mm above the privacy screen.

 

The structure is also only 2.4 metres in length and therefore will have a minimal presence along the boundary.  The proposed setback of the portico is considered acceptable.

 

7.4     Privacy

 

The original proposal provided for a full height masonry wall to the southern elevation.  It was considered that this wall would add unnecessarily to the bulk of the building at the rear and a condition was imposed on the consent requiring the brick wall to be replaced with a fixed louvres system.  The condition limited the height of the privacy screen to 1.8 metres, which is a generally accepted height for such screening.

 

This height resulted in a small gap between the top of the privacy screen and the underside of the approved pergola structure.  The Section 96 application simply seeks to extend the height of the screen to the underside of the pergola.  The extension of the timber screen is considered acceptable and will result in minimal visual impact to the neighbour whilst maintaining privacy.

 

7.5     Solar Access and Energy Efficiency

 

The original application was assessed for overshadowing impacts and the following conclusion was reached:

 

Shadow diagrams included with the original application indicate that the rear yard of the adjoining premises to the south will continue to receive more than 3 hours of solar access during the period 9.00am to 3.00pm during June. Shadow diagrams have also been provided in elevation, which also demonstrate that the degree of additional overshadowing to the adjoining premises will not be unreasonable and will comply with the objectives and performance requirements of the DCP. With respect to the subject premises the alterations to the building will improve solar access and outlook with the living areas being orientated with the new ground and upper level decks.

 

As the proposed portico structure is within the shadow cast by the main building, there are no consequences to the neighbours as a result of the proposed portico structure.  The portico will not significantly reduce light and amenity to the neighbouring property.

 

8.       CONCLUSION

 

The proposed amendments will not cause any additional privacy or amenity issues and will not have significant negative impacts on the environment or locality.  The minor modifications are satisfactory and the application warrants the approval of Council.  

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Condition No. 3 and Condition No. 4 of Development Application No. 0932/2004 relating to the first floor privacy screen and portico on the southern elevation at No.30 Flower Street, Maroubra in the following manner:

 

Amend Condition No. 3 and Condition No. 4 to read:

 

3        The masonry wall to the southern elevation of the upper level balcony is to be deleted to reduce the overall bulk and scale of the rear of the building and a fixed privacy screen (extending in height to the underside of the pergola) of either louvres or timber slats is to be installed in this position to maintain privacy to the adjoining premises.

 

4        The proposed new portico adjoining the southern boundary shall be in accordance with amended plans received by Council on 28 January 2005 and numbered 04/035-1, 04/035-2, 04/035-3.

 

 

ATTACHMENTS:

 

A4 Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 


 

Director, City Planning Report 22/2005

 

 

 

SUBJECT:

25 Byrne Crescent, Maroubra

 

 

DATE:

13 April, 2005

FILE NO:

DA 996/2004

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Attached is Development Application Report No 996/2004 to extend the rear balconies along the eastern side and enlarge the balcony along the north including new staircase.

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

1.   Development Application Report dated 11 April 2005.

2.   Development Application Report dated 11 January 2005. 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 

 

 

 

 

 


 

Director, City Planning Report 

 

 

SUBJECT:

25 Byrne Crescent Maroubra

 

 

DATE:

13 April, 2005

FILE NO:

DA 996/04

 

REPORT BY:            DIRECTOR, CITY PLANNING 

 

 

INTRODUCTION:

 

This Development Application was originally referred to the Health, Building and Planning Committee meeting of the 8 February 2005 for determination at the request of Councillors Sullivan, Daley and Andrews.

 

At that meeting it was resolved that the application be deferred to allow the preparation and submission of a detailed view loss analysis.

 

VIEW LOSS ANALYSIS:

 

A view loss analysis has been prepared by Calvin Houlison BTP (Hons) having regard to a recent case before the NSW Land & Environment Court, Tenacity Consulting vs Warringah Ccl (NSWLEC 140) which effectively dealt with view loss and established a four part methodology for assessing view loss associated with new development.

 

Calvin Houlison’s assessment of the potential view loss using this four part methodology is assessed below:

 

1.       In the assessment of views affected, water views are valued more highly than land views and iconic views such as the Opera House or North Head are viewed more highly than partial views such as when there is an interface between land and water.

 

          On this assessment the proposal does not obstruct the existing panoramic coastal views enjoyed at No.27. There will be a partial obstruction of views towards Mistral Point to the north however the primary view enjoyed from the premises is from the rear with extensive views of the ocean and coastal foreshore and the interface between the land and water within the reserve.

 

2.       From which part of the building are the views obtained, for example the protection of views across side boundaries is more difficult that 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 is often unrealistic.

 

On this assessment the primary views directly to the rear of 27 Byrne Crescent are totally unobstructed and it is considered that an expectation to retain a view of much less value across the adjoining premises is considered in this instance unreasonable.

 

3.       Assess the impact of the proposed development upon the views. 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 that from bedrooms or service areas (although 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 may 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 helpful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

          On this assessment the impact upon views available from the rear balcony in either sitting or standing position are considered negligible as the proposed will not result in any of the 180 degree views presently enjoyed being obstructed. From the internal living areas of the proposal it is considered that there will be a minor loss of views associated with the proposal. Whilst the existing view corridor between the eastern support post of the balcony at No. 25 Byrne Crescent and the side of the building will be affected the proposed use of glazing to the balcony will mitigate to some extent the view loss through the proposed new balcony.

 

4.       Assess reasonableness of the proposed development with particular regard to compliance with relevant planning controls. 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 view sharing reasonable.

 

          On this assessment the proposal satisfies the relevant objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies with respect to side boundary setback of the new balconies in that the balconies are open and unroofed which will allow occupants and neighbours adequate access to natural light, daylight and fresh air. With regards to views, the objectives and performance requirements of the DCP requires that buildings are designed to allow for a sharing of views which is complied with in that the primary views from 27 Byrne Crescent at the rear are completely unobstructed and the glazing to the balustrade of the new balcony will maintain part of the view from within the internal living room. 

 

          Therefore having regard to this methodology of assessing view loss Mr Houlison considers that the proposed development is acceptable in that is passes the test of reasonableness in terms of view loss and satisfies on merit, the relevant planning controls.

 

 

 

CONCLUSION:

 

That part of the proposal which seeks consent to demolish/rebuild the balcony on the northern elevation is acceptable in its current form as it will not lessen the amount of privacy currently experienced by the property at No. 23 Byrne Crescent.

 

A condition will be included as part of this recommendation restricting the extent of addition to the existing south eastern balcony. This will significantly reduce privacy concerns raised by the owners of No. 27 Byrne Crescent. The glass balustrades will also help in the maintenance of views currently enjoyed by the owners of No. 27 Byrne Crescent. The north eastern balcony extension proposes a privacy screen along the northern side. This will alleviate any potential loss of privacy to the owners of No. 23 Byrne Crescent.

 

Given that the applicant has taken privacy concerns on board by providing frosted glass to the northern balcony and a privacy screen to the north eastern balcony, the proposal is not considered to have an adverse impact to the adjoining property to the north (No. 23). Further, the inclusion of Condition 3 as part of this recommendation has acknowledged the potential loss of privacy to No. 27 Byrne Crescent by limiting the extent of the proposed addition. This condition, together with the proposed glass balustrades, will also ensure any potential view loss is kept to a minimum.

 

Given the above, the application subject to suitable conditions is recommended for approval.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 996/2004 for the Extension of existing balconies to the rear (eastern side) of dwelling, including new balustrading to entry stairs and rebuilding existing balcony on north elevation at 25 Byrne Crescent, Maroubra subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the amended plans numbered C – 01 A & C – 02 A, dated Sept. ‘04 and received by Council on 18 January 2005, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the balconies are to be compatible with the existing dwelling house and the adjacent development to maintain the integrity and amenity of the building and when viewed from the foreshore.

 

The following conditions are site specific:

 

3.       The extension of the south eastern balcony is not to extend beyond the alignment of the southern external wall of the existing dwelling ie. a maximum extension of 2.35m to the south. This is to ensure the retention of views currently enjoyed by the owners of No. 27 Byrne Crescent and also to reduce the potential loss of privacy to the owners of No. 27 Byrne Crescent.

 

4.       The balustrades along the north eastern balcony are to be a minimum height of 1.2m and are to be designed, constructed and installed in accordance with AS 1926-1986.

 

5.       The section of glass balustrade beneath the privacy screen on the north eastern balcony shall be constructed of obscure glass to ensure additional privacy to 23 Byrne Crescent.

 

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

 

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

 

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

 

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

 

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

 

9.       Prior to the commencement of any building works, the person having the benefit of the development consent must: -

 

i)        appoint a Principal Certifying Authority for the building work; and

 

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing; and

              

iii)      unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

iv)      give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

 

          In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

10.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

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

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

11.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

 

·        name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable);

·        name, address and telephone number of the Principal Certifying Authority; and

·        a statement stating that “unauthorised entry to the work site is prohibited”.

 

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

 

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

 

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

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

 

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

 

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

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

 

          Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

13.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July 1993.

 

14.     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”.

 

15.     A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

16.     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.

 

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

 

18.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

         

19.     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.

 

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

 

21.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

22.     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

 

23.     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.

 

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).

 

          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

View Loss Analysis and Assessment of Environmental Impacts

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 

 

 

 

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

11 January, 2005

FILE NO:

DA996/2004A4

 

PROPOSAL:

 Extension of existing balconies to the rear (eastern side) of dwelling, including new balustrading to entry stairs and rebuilding existing balcony on north elevation

PROPERTY:

 25 Byrne Crescent, Maroubra

WARD:

 North Ward

APPLICANT:

 Jocelyn Castile

 

 

 

 

 

 

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, Michael Daley, Alan White.

 

The application seeks development consent to increase the size of the existing balconies to the rear of the existing dwelling (east side), reconstructing the existing balcony to the northern elevation, and providing new balustrade to the existing entry stairs.

 

The main issues for consideration are the increased loss of privacy to No. 23 Byrne Crescent and loss of views from No. 27 Byrne Crescent.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

The proposal is to increase the size of the two existing balconies to the rear of the existing dwelling (east elevation) from 2.9m x 2.6m to 5.7m x 2.6m including new glass balustrades. The north eastern balcony is to have a privacy screen measuring 1.8m in height running the entire northern length of the proposed balcony. The proposal also includes the rebuilding of the existing northern (side) balcony including new steel posts and new frosted glass balustrade. A new balustrade is also proposed to the existing front entry stairs, which is located on the northern side of the dwelling beneath the balcony to be rebuilt.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is situated on the east side of Byrne Crescent between Broome Street and Ford Road in Maroubra and is occupied by an existing part two and part three storey dwelling house (a workshop is located in the subfloor area). The subject site is irregular in shape with a frontage and rear boundary width of 15.24m and side boundary lengths of 32.71m and having a site area of 498.5m2. Neighbouring the property to the south is a two storey dwelling and to the north is a single storey dwelling with garage beneath. To the rear is Malabar Headland, consisting predominantly of native vegetation including coastal shrubs. The site itself falls away from the road and there is a difference in level of approximately 1.5m between the front and rear boundaries.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

BA788/1967

New Dwelling

Approved

 

5.       COMMUNITY CONSULTATION

 

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

 

 

5.1     Objections

 

Mr & Mrs Hynes – 27 Byrne Crescent, Maroubra

·        The proposal will result in the existing balcony (which is just under 5m in height) being located to within 1m from the side boundary creating additional bulk.

·        The south eastern balcony will directly overlook family room, dining room and backyard.

·        There would be a significant impact in the form of a reduction of views which extend towards the northern headland of Maroubra Beach and Marine Parade.

 

Mr & Mrs Hynes have also addressed the objectives, performance requirements and preferred solutions of the DCP for Dwellings and Attached Dual Occupancies with regard to setbacks. They have discussed in detail how the proposal fails to achieve the requirements outlined in the DCP and the resultant adverse impacts to their property in respect of view loss, increased overlooking, loss of privacy and amenity.

 

Attached to the submission is a series of photographs showing potential impacts from the proposal when viewed from the objector’s residence.

 

Comment

See Section 8.1 “Policy Controls” and “Environmental Assessment” Section below.

 

Mrs E Hudspeth – 23 Byrne Crescent, Maroubra

·        In the event that the staircase on the northern elevation is replaced, a privacy screen is requested to increase privacy to Mrs Hudspeth’s second bedroom.

·        Objects to the small balcony on the northern elevation being extended closer to the boundary as the setback will be decreased to 625mm increasing amenity and privacy impacts (extracts from the DCP for Dwelling Houses and Attached Dual Occupancies relating to setbacks were provided). Mrs Hudspeth also states that her second bedroom relies on reflected and outside ambient light. Decreasing the side setback will diminish the available reflected light source. It has also been stated that the proposal does not meet the variation requirements (in terms of side setbacks).

·        The change from solid timber balustrades to glass is not acceptable. This increases the opportunity for viewing into Mrs Hudspeth’s second bedroom.

·        It is noted that the applicant has proposed frosted glazing to this balustrade although glass is easy to break and be replaced by future residents. Timber is preferred as glass would reflect the bedroom light into Mrs Hudspeth’s second bedroom. Extracts from the DCP for Dwelling Houses and Attached Dual Occupancies relating to privacy have been discussed at this point, arguing that the proposal does not comply with the DCP.

·        Objects to the stainless steel posts proposed to the northern balcony.

·        Objects to the extension of the north eastern balcony as it will be setback 1350mm from the northern boundary and is elevated at least 2.1m. This balcony will directly overlook Mrs Hudpeth’s rear yard. An alternative would be to extend the subject balcony in a southerly direction, centralising the balcony to the building.

·        Solid timber balustrades would be preferred due to greater privacy. Extracts from the Dwelling Houses and Attached Dual Occupancies relating to privacy has again been discussed stating that the proposal does not comply with this section of the DCP.

·        The proposed extension to the north eastern balcony will be extending over the existing swimming pool in the rear yard. The distance from the balcony to the pool is 2.4m. The proposed balustrade does not meet the requirements of this standard (AS1926.1).

 

Comment

See Section 8.1 “Policy Controls” and “Environmental Assessment” Section below.

 

6.       TECHNICAL OFFICERS COMMENTS

 

Referrals were not required in this case.

 

7.       MASTER PLANNING REQUIREMENTS

 

This heading has been considered, but is not relevant given that the area of the subject site is less than 4000m2.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-        Randwick Local Environmental Plan 1998.

-        Environmental Planning and Assessment Act 1979 as amended.

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

-        Building Code of Australia.

 

(a)     Randwick Local Environmental Plan 1998

 

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

 

Residential

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes

The proposal will enhance the design of the existing building.

 

8.1     Policy Controls

          a.       Development Control Plan - Dwelling Houses and Attached Dual Occupancy

 

          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.

 

Building Setbacks

 

Preferred Solution

Assessment

S2

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

The proposed balcony is 2.2m from the rear boundary at its closest point. Does not comply. See assessment below.

S3

Side setbacks be 1.5m at second floor level.

The proposed north eastern balcony is setback 1.35m from the northern side boundary. The proposed balcony on the northern elevation is setback 0.7m from the northern side boundary. Does not comply. See assessment below.

S3

Side setbacks be 3.0m at third floor level.

The proposed south eastern balcony is setback 1m from the southern side boundary. Does not comply. See assessment below.

 

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours. With respect to front boundary setbacks, the proposal generally conforms to the adjoining development or dominant streetscape.

The proposal does not comply with the preferred solutions of the DCP in terms of side and rear setbacks. The northern side balcony is to be rebuilt but remain the same size as the existing balcony. Amended plans have been received which show the original encroachment reduced to that which currently exists. As such, it would be unreasonable to refuse this proposed balcony as it is merely replacing the existing balcony.

With regard to the north eastern balcony extension, the proposal is 250mm short of complying with the preferred solutions of the DCP. Given that the applicant has provided a 1.8m high privacy screen along the entire northern edge of this balcony, any potential loss of privacy has been alleviated. The proposal will not impact No. 23 by way of reduced access to natural light, daylight or fresh air, thus complying with the performance requirements of the DCP. The north eastern balcony extension is therefore considered acceptable in its current form in respect to setbacks.

 

 

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The ground floor and first floor rear balconies will overlook the rear yard areas of the adjoining properties. Does not comply – see assessment below.

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

The Performance Requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies; and separation, screening devices and landscaping be used to assist in minimising privacy impacts.

As mentioned previously, the small balcony on the northern elevation will be replaced/rebuilt including the provision of a new frosted glass balustrade. As a result, privacy will not be affected as this balcony will be unchanged. The north eastern balcony has the potential for direct overlooking into the rear yard of No. 23 Byrne Crescent. A privacy screen measuring 1.8m in height is proposed to the entire northern side of this balcony to prevent any potential loss of privacy.

With regard to the balcony on the south east side, the potential for overlooking into the rear yard of No. 27 is also high. However, after speaking to the owner of No. 27, view loss appears to be a more important issue and a privacy screen will result in a loss of view to the north east. See also Section 9.1 – Environmental Assessment. It should also be noted that Condition 3 has been included with the recommendation limiting the extension of this balcony to be in line with the external southern wall of the existing building (additional setback of 450mm).

Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not applicable

P2

Building form, colour, materials and finishes are sympathetic.

Given that the proposal is minor in nature and will not involve substantial changes to materials and design, the proposal satisfies this criterion.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Condition 3 has been included with the recommendation limiting the size of the south eastern balcony. This aims to reduce view loss experienced by the owners of No. 27 Byrne Crescent.  See also Section 9.1 – Environmental Assessment.

 

 

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 main issues of concern relate to view loss and loss of privacy. Compliance with an Australian Standard relating to separation from swimming pools and appropriate balustrade heights was also raised by one objector.

 

9.1     View Loss

 

Following a site meeting on 13 December 2004 of No. 27 and No. 23 Byrne Crescent, it was evident that No. 27 Byrne Crescent would experience some view loss with the extension of the south eastern balcony. This view to Marine Parade and the northern headland of Maroubra Beach is obtained across the side property boundary and between the roof support post and the wall of the neighbouring dwelling (subject dwelling) and above the existing timber balustrade. Quoting the Standards of Performance – Recent Case Law, compiled by Council’s solicitors, “the protection of views across side boundaries is more difficult than the protection of views over front and rear boundaries”. Further, “the expectation to retain side views and sitting views is often unrealistic”. The degree of view loss is considered minor as only a small proportion of views are potentially affected when compared to the expansive uninterrupted views currently enjoyed. It should also be noted that the clear glass balustrades proposed should not interfere with the views currently enjoyed.  In addition, condition 3 forming part of this recommendation requires that the proposed extension of the existing south eastern balcony does not extend beyond the southern external wall of the existing dwelling.

 

9.2     Loss of Privacy

 

Both the owners of No. 27 & 23 have expressed concerns relating to the loss of privacy. It should be noted that the dwelling at No. 27 Byrne Crescent is separated by a distance of approximately 7m from the proposed south eastern balcony. In addition, the parcels of land along this section of Byrne Crescent are angled in such a way that each dwelling house is stepped progressively along this section of street. This has resulted in the property at No. 27 Byrne Crescent being setback approximately 3m further west than the subject property. This setback, combined with the 7m separation between structures demonstrates that overlooking into the living areas of No. 27 from the balcony at No. 25 would be difficult. Overlooking into the rear yard however, may occur. A privacy screen has not been proposed nor will it be conditioned as this will completely remove the views currently enjoyed as discussed in the previous section “view loss” above.

 

The owners of No. 23 Byrne Crescent expressed concerns relating to the proposed balcony on the northern elevation of the subject dwelling as the second bedroom looks out into this area. As mentioned previously, amended plans have been received which show the balcony being rebuilt to the same size as existing. Frosted glass will replace the existing timber balustrade to offer privacy to the bedroom of No. 23 Byrne Crescent.

 

The proposed extension to the north eastern balcony has offered the greatest concern, as overlooking into the rear yard of No. 23 Byrne Crescent will result. As such, amended plans were received detailing a privacy screen measuring 1.8m in height along the entire northern edge of the subject balcony.

 

9.3     Compliance with Australian Standard

 

The north eastern balcony overhangs the existing above ground pool in the rear yard. As the distance between the top of the pool and the balcony is less than 2.4m, balustrades along this balcony must comply with the relevant Australian Standard. Condition 4 has been included to address this issue.

 

10.     CONCLUSION

 

That part of the proposal which seeks consent to demolish/rebuild the balcony on the northern elevation is acceptable in its current form as it will not lessen the amount of privacy currently experienced by the property at No. 23 Byrne Crescent.

 

A condition will be included as part of this recommendation restricting the extent of addition to the existing south eastern balcony. This will significantly reduce privacy concerns raised by the owners of No. 27 Byrne Crescent. The glass balustrades will also help in the maintenance of views currently enjoyed by the owners of No. 27 Byrne Crescent. The north eastern balcony extension proposes a privacy screen along the northern side. This will alleviate any potential loss of privacy to the owners of No. 23 Byrne Crescent.

 

Given that the applicant has taken privacy concerns on board by providing frosted glass to the northern balcony and a privacy screen to the north eastern balcony, the proposal is not considered to have an adverse impact to the adjoining property to the north (No. 23). Further, the inclusion of Condition 3 as part of this recommendation has acknowledged the potential loss of privacy to No. 27 Byrne Crescent by limiting the extent of the proposed addition. This condition, together with the proposed glass balustrades, will also ensure any potential view loss is kept to a minimum.

 

Given the above, the application subject to suitable conditions is recommended for approval.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 996/2004 for the Extension of existing balconies to the rear (eastern side) of dwelling, including new balustrading to entry stairs and rebuilding existing balcony on north elevation at 25 Byrne Crescent, Maroubra subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the amended plans numbered C – 01 A & C – 02 A, dated Sept. ‘04 and received by Council on 18 January 2005, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

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

 

2.       The colours, materials and finishes of the external surfaces to the balconies are to be compatible with the existing dwelling house and the adjacent development to maintain the integrity and amenity of the building and when viewed from the foreshore.

 

The following conditions are site specific:

 

3.       The extension of the south eastern balcony is not to extend beyond the alignment of the southern external wall of the existing dwelling ie. a maximum extension of 2.35m to the south. This is to ensure the retention of views currently enjoyed by the owners of No. 27 Byrne Crescent and also to reduce the potential loss of privacy to the owners of No. 27 Byrne Crescent.

 

4.       The balustrades along the north eastern balcony are to be a minimum height of 1.2m and are to be designed, constructed and installed in accordance with AS 1926-1986.

 

5.       The section of glass balustrade beneath the privacy screen on the north eastern balcony must be frosted to ensure additional privacy to 23 Byrne Crescent.

 

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

 

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

 

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

 

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

 

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

 

9.       Prior to the commencement of any building works, the person having the benefit of the development consent must: -

 

i)        appoint a Principal Certifying Authority for the building work; and

 

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing; and

                  

iii)      unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

iv)      give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

 

          In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

10.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

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

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

11.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

 

·       name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable);

·       name, address and telephone number of the Principal Certifying Authority; and

·       a statement stating that “unauthorised entry to the work site is prohibited”.

 

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

 

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

 

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

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

 

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

 

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

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

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

13.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July 1993.

 

14.     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”.

 

15.     A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

16.     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.

 

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

 

18.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

         

19.     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.

 

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

 

21.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

22.     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

 

23.     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.

 

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).

 

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 Configurations

Photographs of the site

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

ANDREW BEATTIE

DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

ASSESSMENT OFFICER

 

 

 

 

 


 

Director, City Planning Report 23/2005

 

 

SUBJECT:

120 Brook Street, Coogee

 

 

DATE:

15 April, 2005

FILE NO:

D/0414/2004

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is Development Application Report No. 414/2004 for demolition of the existing Post Office building and construction of a mixed use development containing commercial space on the ground floor and 14 dwellings and the strata subdivision of the completed development.

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

1.   Development Application Report dated 24 February 2005 .

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID PIRIE

DIRECTOR, CITY PLANNING

SENIOR ENVIRONMENTAL PLANNER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

24 February, 2005

FILE NO:

D/0414/2004

 

PROPOSAL:

 Demolition of the existing Post Office building and construction of a mixed use development containing commercial space on the ground floor and 14 dwellings and the strata subdivision of the completed development.

PROPERTY:

 120 Brook Street, Coogee

WARD:

 East Ward

APPLICANT:

 East No. 2 Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $2.65 million.

 

The subject site, located on the western side of Brook Street, is currently occupied by the Coogee Post Office, which is proposed to be demolished.  It is not listed as a heritage item, nor is it in any heritage conservation area, however, the site is located in the vicinity of a number of heritage items of local significance.

 

The proposed development has been amended a number of times to resolve design issues to the satisfaction of Design Review Panel and heritage and engineering issues raised by Council Officers.  These matters are now considered satisfactory, except for the proposed finishes, materials and colours which may be addressed by way of a deferred commencement condition of approval.

 

The proposed development comprises a commercial tenancy on the ground floor and a total of 14 apartments (10 x 1 bed and 4 x 2 bed) plus two basement parking levels for a total of 23 vehicles.  The proposed development is to consist of four (4) levels above the basement parking.  Above the ground floor level, the development is split into two (2) building forms, with a central landscaped courtyard with balconies and walkways.  It is also proposed to strata subdivide the finished development into 15 allotments and a draft strata plan forms part of this application.

 

The site is zoned General Business 3A and although this does not require a building to be setback from the boundaries of the site, the site is bounded on three sides by existing residential development.  As such, the proposed design provides side and rear boundary setbacks as well as providing an internal courtyard to break the building bulk and minimise impacts to adjoining properties.

 

The application seeks variations to the floor space and building height controls of the Randwick Local Environmental Plan, 1998, by way of objections under State Environmental Planning Policy No. 1.  The variation to the floor space control is considered minor being in the order of a 1% variation, while the variation to the height control occurs as a result of the topography of the site, i.e. a sloping site which has already been excavated.  It is considered that these objections should be supported as the proposed design (as amended) minimises the impacts to the adjoining properties and to the street and does not give rise to any significant view loss or privacy issues, subject to appropriate conditions of consent.

 

The proposed design has positive features, such as providing a mixture of one and two bedroom apartments all with cross-flow ventilation, landscape treatment for the site, while retaining a commercial presence to the street.  Many of the concerns raised in the submission lodged in response to the original proposal relate to the potential loss of the Post Office from Coogee.  The proposed development does provide the opportunity for Australia Post to take up the option of taking up the commercial tenancy within the new building if it suits their requirements, however, this is a commercial decision that is outside the scope of this assessment.  Other issues raised by objectors are addressed in the main body of the report, however, are not considered to be of sufficient weight to warrant refusal of the application.  Accordingly the recommendation is for approval subject to a deferred commencement condition and other appropriate conditions of consent.

 

2.       THE PROPOSAL

 

The application proposes the demolition of the existing two (2) level commercial building currently occupied by Australia Post and used as the Coogee Post Office and the construction of a new mixed commercial and residential development, substantially in the form of two (2) buildings, each comprising four levels located over two (2) basement parking levels.  It is proposed to strata subdivide the finished development into 15 allotments and common property areas.

 

The proposed development comprises a total of 14 apartments (10 x 1 bedroom and 4 x 2 bedroom) and one (1) commercial tenancy of 140m2 approximately of gross floor space.  Car parking for 23 vehicles is provided within the two (2) levels of basement parking, as well as storage areas for the residential apartments.  Residential and retail waste storage areas, as well as bicycle storage, is provided on the ground floor area to the rear of the commercial space.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

 

Figure 1: Site and locality

 

The subject site is located on the western side of Brook Street between Coogee Bay Road to the north and Kidman Street to the south (refer Figure 1) and is identified as Lot 1 in DP 542982.  The site is regular in shape, with a frontage of 20.065m to Brook Street and a depth of 36.575m.  The site has a total area of 733.9m2 approximately.

 

The site is bound on both its northern side and western (rear) boundaries by retaining walls, with the rear retaining wall achieving an approximate height of 2.83m at its southern end.  The site has a fall of 1.53m approximately (south to north) across its Brook Street frontage.  Existing on the site is a two level commercial building of brick construction (refer Figure 2).  A driveway on the northern side of the site provides access to parking at the rear.

 

 

Figure 2: subject site

 

This section of Brook Street is characterised by a mix of two, three and four storey residential buildings constructed in various architectural styles, interspersed with some commercial buildings, including the subject site and the Commonwealth Bank building occupying the south-western corner of Brook Street and Coogee Bay Road.

 

Located on the adjoining site to the north (No. 118 Brook Street) is a three (3) storey face brick Inter-war residential flat building (refer Figure 3).  It is sited relatively close to the street boundary with a small front yard and bounded by a low stepped face brick fence.  It is also stepped back from the both its side boundaries and features timber framed windows along the side facades.  Further north, located on the corner of Brook Street and Coogee Bay Road is the Commonwealth Bank building, which is part two/part three storeys of brick and glass construction.

 

 

Figure 3: No. 118 Brook Street adjacent to the north

 

To the immediate south of the subject site are two, face brick inter war three /four storey residential flat buildings.  The front façade of No. 122 Brook Street (refer Figure 4) immediately adjacent to the site, comprises of three bays with face brick and rendered details and features three garages at street level accessed by short concrete driveways leading from the street.  The building, which is set back from the side boundaries is surmounted by a parapet which conceals the roof behind.  No. 124 Brook Street (known as “Edwardton”), further to the south, features an asymmetrical façade to Brook Street, with off-centre gabled bay and brick detailing, with a terracotta roof and has its main entry in Kidman Street. 

 

 

Figure 4: No. 122 Brook Street adjacent to the south

 

The site is adjoined at its rear (west) by open space which is attached to No. 23 Kidman Street, a residential flat building and also No. 183 Coogee Bay Road, the Medina Executive Apartments (refer Figures 5 and 6 below).  Opposite the subject site are the following buildings:- No  201 Coogee Bay Road, being an Art Deco residential complex (a listed heritage item); a two storey semi-detached building (Nos. 105-107 Brook Street); and at Nos. 109-11 Brook Street there is a three storey contemporary face brick and rendered residential complex.

 

 

Figure 5: Development to the rear of the site (23 Kidman Street)

 

Figure 6: Development to the rear of the site (183 Coogee Bay Road)

 

 

4.       SITE HISTORY

 

4.1     APPLICATION HISTORY

 

The subject application was lodged on 1 June, 2004 and advertised and notified until 30 June, 2004.

 

As a result of the notification and advertising of the application, 34 submissions and a petition with 28 signatures were received, the majority of which were protesting the closure of the Coogee Post Office and the impact it would have on their lives and businesses.  As well, adjoining property owners to the south (unit owners at 122 Brook Street) raised primarily issues regarding loss of sunlight, while residents of the apartment block to the rear (183 Coogee Bay Road) primarily raised concerns regarding loss of views and outlook.  Of general concern to surrounding residents were issues regarding increased traffic to the area and loss of parking, as well as construction noise and dust.

 

The plans for the subject application were considered as a pre-lodgement application by the SEPP 65 Design Panel on the 7 June 2004.  As a result of the recommendations raised by the Panel and issues raised by Council Officers, amended plans were lodged for the Panel’s consideration at their meeting on 2 August 2004. 

 

The Panel, at this meeting, recommended that, subject to amendments as noted at the meeting, the application should proceed to its subsequent stages of approval.  As a consequence, the applicant, following discussions with Council Officers, lodged amended plans with Council on 19 January, 2005.  

 

The amended proposal was notified and advertised until 23 February, 2005.  As a result of the notification and advertising process, three (3) submissions were received.

 

Council’s City Services Department reviewed the amended proposal and raised issues regarding the width of the access driveway and the provision of a service/loading bay within the proposed development.

 

On 31 March 2005, Council received a draft strata plan for the proposed development, an amended landscape plan and a submission from the applicant’s traffic consultants regarding the access driveway and the requirement for a service/loading bay for the proposed development.

 

4.2     HISTORY OF SITE USEAGE

 

The applicant’s Heritage Impact Assessment report gives the historical background of the site usage.  This notes that the purchase of the site by the Government of Australia “for postal services at Coogee” was recorded in the Government Gazette dated 26 July, 1923, with the current Post Office building replacing the original Post Office building, probably during a development wave in the 1960s and 1970s.  In 1985 the Australian Postal Commission became the registered owners of the property by transfer.  The current owners of the property now propose to demolish the existing Post Office building and construct a new mixed use commercial and residential building on the site.

 

5.       COMMUNITY CONSULTATION:

 

5.1     Original proposal

 

The proposal was originally notified and advertised in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans, until 30 June, 2004.  As a result, nine (9) submissions were received from the following:

 

·        C Bourke (owner of 23 Kidman Street, Coogee) of PO Box 88, Coogee

·        L Spicer of 11/4 Edgecumbe Avenue, Coogee

·        A Chong of 12/58 Carr Street, Coogee

·        K Spencer of 85 Beach Street, Coogee

·        T and S Campbell of 25/4-8 Edgecumber Avenue, Coogee

·        B Monks (owner of 105 Brook Street)

·        M Burke of 24/178 Beach Street, Coogee

·        H and J Quast of 6/124 Brook Street, Coogee

·        V Honan (owner of 140 Coogee Bay Road) at PO Box 31 Coogee

·        S McMahon of 5/60 Dudley Street, Coogee

·        S Bartlett of 11/4 Edgecumbe Avenue

·        D Morrison of 2/46 Carr Street, Coogee

·        V Warde and B Ikeda of 1 Cairo Street, Coogee

·        M D’Arcy of 7/109 Brook Street, Coogee

·        L Henry (owner of 5/201 Coogee Bay Road, Coogee) of PO Box 352 Coogee;

·        R Quinton (Chairman of Body Corporate Rockshore Apartments) of 22/183 Coogee Bay Road, Coogee

·        V Gilsenan of PO Box 607 Coogee

·        A Mallon of 17/201 Coogee Bay Road, Coogee

·        L O’Haiher of 8/92 Mount Street, Coogee

·        C Saba of 2/178 Beach Street, Coogee

·        J Fowden of 18/183 Coogee Bay Road, Coogee

·        Coogee Medical Centre (Drs M Baker, C Blainey, C Ho and N Jacobs) of 21 Carr Street, Coogee

·        L Mison of 2/131-133 Brook Street, Coogee

·        M Cullen of 6/201 Coogee Bay Road

·        E Magen (owner of 5/118 Brook Street, Coogee) of 32 Burke Street, Chifley

·        S Andre of 4/183 Coogee Bay Road, Coogee

·        A Murphy and A Middlin of 10/122 Brook Street, Coogee

 

As well, a petition with 28 signatures (no addresses) was received protesting the closure of the Coogee Post Office, and a rote letter from:

 

·        K Cole of 3/122 Brook Street, Coogee

·        L Spinelli and D Lewis of 7/122 Brook Street, Coogee

·        B Vasilis of 4/122 Brook Street, Coogee

·        J Zee of 2/122 Brook Street, Coogee

·        W Tsarontris of 5/122 Brook Street

·        A Murphy (and indecipherable signature) of 10/122 Brook Street, Coogee

·                 J Head and S Allen of 6/122 Brook Street, Coogee.

 

Concerns raised included the following:

 

·        The Post Office should not close without plans for its replacement.  Australia Post should be strongly encouraged to remain within the Coogee Area as it provides a vital and essential service for many businesses and individuals in the area, as well as the sick, elderly, travellers and tourists.  If the Post Office were to close it would result in a tremendous inconvenience for local residents in regard to picking up of parcels, paying bills, etc, and force people to travel to The Spot or Randwick.

 

·        An alternate site for the Post Office is required and development should not proceed without a guarantee that the Post Office will not close but be relocated to the new site and a temporary site established during re-development.

 

·        The closure of the Post Office will pose a further threat to the local “village” atmosphere, which is slowly being eroded away.

 

·        The closure of the Coogee Post Office is not in the community and public interest and should by more widely notified so that they are aware of the impact of this proposal. The proposed development seeks bonus floor space while removing a post office from the community’s use.

 

·        The design of the retail tenancies with the lack of any loading area or motor bike parking facilities will not serve a new post office.

 

·        Oversupply of units in area with increased density leading to resident stress from noise, loss of privacy and lack of space, as well as devaluation of existing properties.

 

·        Increase in traffic in an already over-crowded area where there is also already too few parking spaces.  The increase in cars will be an added threat to an environment that is already seriously strained. 

 

·        Parking provision within the development is inadequate given the level of affluence of prospective owners and their likelihood of owning two cars.  As well, little account is taken of providing parking for visitors to apartments and customers and staff of the retail premises.

 

·        A single narrow driveway as proposed will result in traffic chaos in a very busy Brook Street, especially with cars parked on both sides of the street.

 

·        Visitor parking in a secured basement car park does not work and the amount of car parking spaces proposed is excessive and unsustainable.

 

·        The height of the proposed development and its essentially full coverage of the site will present an unpleasing contrast with the character of the surrounding buildings and will have an undesirable impact on the heritage buildings in the vicinity due to its anaesthetic, large and unsympathetic design.

 

·        The proposed development exceeds the height control applicable to the zone by 1-2m and should be made to comply.

 

·        The proposed development will seriously affect the outlook of units on the southern frontage of the Rockshore Apartments (183 Coogee Bay Road, while units on the eastern side will have their views diminished.

 

·        At least 50% of the water view from the balcony of 18/183 Coogee Bay Road will be lost as a result of the proposed development and this will result in a significant decrease in the quality of the outlook and hence the value of the unit.

 

·        Noise and dust during demolition and construction and the amount of construction work in the area generally.

·        Potential damage to neighbouring buildings due to heavy construction work

 

·        The noise of the repeated opening and shutting of roller shutter at the driveway entrance, especially after hours is likely to infringe on the right of quiet enjoyment of the residents of 5/118 Brook Street due to the proximity of to the driveway for the proposed development.

 

·        Loss of light to north facing windows of 5/118 Brook due to the proposed height of the development.

 

·        Loss of value of 5/118 Brook Street.

 

·        Impact on views and loss of value to 4/183 Coogee Bay Road.

 

·        Loss of sunlight to No. 122 Brook Street, impact on quality of life, increase in electricity costs and loss in property value.

 

·        Privacy issues in relation to No. 122 Brook Street i.e. window positions, utilisation of obscure glass. 

 

·        Location of garbage/waste housing and other common utilities in relation to 122 Brook Street.

 

Planning Comment

 

Issues raised in the above objections are discussed in the Environmental Assessment section (Section 9) of this report.

 

5.2     Amended proposal

 

The amended proposal was notified and advertised in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans until 23 February, 2005.  As a result, three (3) submissions were received from the following:- E Magen (owner of 5/118 Brook Street) of 32 Burke Street, Chifley; M Cullen of 6/201 Coogee Bay Road, Coogee; L Henry (Po Box 352, Coogee) of 5/201 Coogee Bay Road, Coogee.

 

The following issues were raised in the submissions to the amended proposal:-

 

·        A comprehensive parking solution is required for the area prior to the approval of any further development

·        Pollution arising from construction restricts the use of the verandah on 5/201 Coogee Bay Road.

·        There is no intent to replace the current Post Office, which by the amount of patronage is a necessity for the area.

·        The proposed development is too close to 5/118 Brook Street, being only 1.48m from the northern boundary of the site.

·        The proposed development will block all light and view to the south facing windows of 5/118 Brook Street.

·        Noise to bedrooms of 5/118 Brook Street from garbage room location and use of side access path to take bins out for kerbside collection.

·        Parking is inadequate for the level affluence of future residents who will have two vehicles per unit.  As well, little account is taken for the provision of visitor, customer and staff parking on the site.

·        Traffic impact to an already overcrowded Brook Street.

·        There is no direct access from the commercial premises to the area where the commercial waste is to be kept.

 

Planning Comment

 

Issues raised in the above objections are discussed in the Environmental Assessment section (Section 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     Heritage

 

Council’s Heritage Planner has commented on the amended proposal as follows:

 

The subject site is occupied by a two storey building formerly the Coogee Post Office, apparently constructed during the 1970s.  To the north of the site is a three storey Interwar flat building.  To the south of the site is an Interwar flat building comprising three levels over ground level carparking.  Further to the south is another Interwar flat building comprising three levels, somewhat elevated above the street.  There are number of heritage items in the vicinity of the site including No.201 Coogee Bay Road, to the north of the site and No.113 Brook Street, to the east, on the opposite side of the street.  Further to the south are St Nicholas’ Church and Rectory, also listed as heritage items.  The Randwick Heritage Study Inventory Sheet describes No.201 Coogee Bay Road as “c.1937 Art Deco flats and shops to both roads.  Angular geometric mode, in three blocks with recessed entires.”  No.113 Brook Street is described as “an excellent Federation style house.  Almost intact and immaculately maintained.”

 

The original application proposed a new mixed development, comprising three level buildings at the front and rear of the site, over a ground level podium and two levels of basement carparking.  The proposal would have a four storey scale to the front and rear of the site, and will predominantly comprise residential floor space, with ground level retail fronting Brook Street.  Concerns were raised in relation to the original application that the front set back and height of the proposal would make it a dominant element in the streetscape, and would detract from the streetscape consistency of height, setback and materials and finishes, which currently provides a neutral backdrop to the heritage items on the opposite side of Brook Street.  Amended drawings were received which made a number of changes including increasing the front setback of the top two levels of the building, and altering façade design.  Further amended drawings have now been received which have made further changes to façade design.

 

The original application was accompanied by a Heritage Impact Assessment prepared by Graham Brooks and Associates which noted that an earlier Post Office was constructed on the site in 1923, but that there are unlikely to be any significant or early archaeological elements remaining on the site.  The HIS argued that the proposal is sympathetic to the heritage item and will not visually dominate it or detract from its significance.  The HIA argued that the front setback allows greater views along Brook Street and will enhance views to the heritage and general built environment, and that the form and detail of the proposal reflects the consistent nature of this section of Brook Street.  It is noted that the existing building on the site has a minimal setback, but that this existing building has a scale of only two storeys. 

 

It was noted that the adjacent buildings to the north and south have a front setback of 2-3 metres.  The original application proposed balconies at first, second and third floor levels with a setback of less than 0.5m.  The earlier and latest amended drawings propose a setback of second and third floor balconies of around 1.8m.  The latest amended drawings have also simplified façade design deleting feature elements which were used in previous designs.  It is considered that the current proposal will generally maintain the established building line in the area and not significantly reduce the streetscape visibility of the adjacent Interwar flat buildings.  There are some concerns however, that the proposed materials and finishes, including light face brickworks and steel framing will somewhat draw attention to the proposal in its streetscape context. 

 

Planning comment

 

The issue of materials and finishes as highlighted above may be addressed by way of a deferred commencement condition of consent as contained within the Recommendation of this report.

 

6.2     Assets and Infrastructure Services

 

Council’s Director of Assets and Infrastructure Services has provided the following comments in relation to the proposal.

 

Landscape Comments

 

There are no trees covered by Council’s Tree Preservation Order on this site or adjoining properties that will be affected by this development; however, as this site is located within the Coogee Beach Commercial Centre, the applicant will be required to submit a landscape design/plan for the Brook Street frontage of the site in accordance with Council’s Urban Design Guidelines for this area.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

There is an existing grated kerb inlet pit in the location of the proposed vehicular crossing. To facilitate construction of the new crossing, the applicant shall meet the full cost for the existing kerb inlet pit to be converted to a double grated inlet pit within the new layback. Further, to compensate for the lost inlet capacity, the existing stormwater manhole access point located adjacent to the existing redundant layback is to be converted to a new double grated kerb inlet pit.

 

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 certifying authority for approval prior to the issuing of a construction certificate.

 

Traffic Comments

 

The average traffic generation for the proposed residential development consisting of 14 residential units will be in the range of 56 to 70 vehicle movements per day.

 

The expected peak flow volume of approximately 7 vehicles per hour is considered low and no delays should be experienced in Brook Street as a result of this development.

 

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.

 

Vehicular Access

 

Further to the AIS Department memo dated 25 February 2005, a meeting was held with the applicant and the traffic consultant regarding the proposed driveway width, and further correspondence has since been received.

 

As stated previously, the AIS Department would prefer the driveway opening at the Brook Street frontage be 5.50 metres wide for the first 5 metres inside the property to facilitate two vehicles passing. However, the applicant’s traffic consultant has reviewed the vehicular access arrangement and determined that the proposed 3.60 metre wide driveway is satisfactory for the development site.

 

The consultant states that the single lane driveway proposed is in accordance with AS2890.1:2004 as the driveway will be carrying less than 30 peak hour vehicle movements, serving less than 25 parking spaces and is located on a local road. Further, the traffic consultant states that the likelihood of 2 vehicles wishing to travel in opposite directions on the access ramp at the same time, will be statistically insignificant, given the majority of vehicles will be travelling in the same direction during peak periods.

 

Notwithstanding the above, the consultant has also proposed that a ramp signalling system could be implemented, to avoid potential queuing and conflict on the ramp. The proposed system would work through a pair of detector loops (located at the top and bottom of the ramp) which would activate illuminated signs to warn approaching vehicles that the ramp is already in use. The AIS Department would not object to the use of such a system, and the following condition has been included in this report:

 

“The applicant shall meet the full cost for the installation of a ramp signalling system (located wholly within the development site), in accordance with the correspondence received from Project Planning Associates dated 9 March 2005.

 

Note: This shall include the provision of remote, in-car ‘clickers’ as detailed in the above correspondence.”

 

Further, as the roller shutter is located immediately in front of a 1 in 8 ramp grade, the AIS Department recommends the DPCD consider conditioning that the roller shutter door be located at the base of the access ramp; or alternatively, a condition requiring the provision of a remote opening system for the garage door.

 

The driveway opening at the Brook Street frontage shall be minimum 3.00 metres wide (clear width) and located at least 1.5 metres clear of the side property boundary

 

Planning Comment

 

A condition is contained within the Recommendation of the report requiring a remote opening system for the garage door and/or a manual system for visitor vehicles at the base of the ramp for exiting the carpark.  As well, the ramp shall be required to be illuminated to facilitate a safe and secure environment for the authorised use of vehicles and persons within the carpark.

 

Groundwater Comments

 

The applicant has submitted a geotechnical investigation by Earth Air Water Consulting & Monitoring dated 12 September 2004. This report states that groundwater was not encountered during the investigation as sandstone was found at a shallow depth.

 

The applicant’s consultant has noted that some seepage water may be present in the sandstone within the depths of the proposed excavation; consequently the basement carpark shall be suitably tanked and waterproofed.

 

Waste Comments

 

Residential Waste

 

The garbage room areas shall be sized to contain a total of 14 x 240 litre bins (7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins. The amended plans appear to demonstrate compliance with this requirement.

 

Commercial Waste

 

The commercial/retail garbage room shall be sized to contain a total of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins. The amended plans appear to demonstrate compliance with this requirement.

6.3     Environmental Health and Building

 

Council’s Manager of Environmental Health and Building has advised that the following are key issues in relation to the proposal, which may be addressed by appropriate conditions of consent which are contained within the Recommendation of this report:

 

BCA Building Classification

 

Class          -        6      (Retail/Shops)

Class          -        2      (Residential units)

Class          -        7a    (Carpark)

 

Key Issues

 

Site Management:

 

Standard conditions are proposed to be included in the consent to address construction site management issues, such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing.

 

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 demonstrate compliance with the BCA requirements and Disability Discrimination Act (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.

 

The applicant or other person having the benefit of the consent is also advised to fulfil their obligations under the DA.

 

Acoustics

 

Following assessment of the proposed development the Environmental Health Unit considers it unlikely that the acoustical amenity of the existing dwellings and the amenity of the proposed buildings occupants will be adversely affected.

Commercial Unit 

 

A condition is to be included requiring  that 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.

 

Planning Comment

 

The above matters have been addressed by appropriate conditions of consent and advisory notes as contained within the Recommendation of this report.

 

7.       MASTER PLANNING REQUIREMENTS

 

The total site area (733.9m2) is less than required for the submission of a master plan (4000 m2).

 

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.65

·        Randwick Local Environmental Plan 1998

·        Randwick Development Control Plan – Parking

·        Draft State Environmental Planning Policy (Application of Development Standards) 2004

·        Building Code of Australia.

 

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 and the following relevant environmental planning instruments and policies:-

 

9.1     State Environmental Planning Policy No. 65

 

The application was referred to the Design Review Panel convened under State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65).  The design was considered by the Panel, both as a pre-lodgement application on the 7 June, 2004 and again as an amended proposal on the 2 August, 2004, in relation to the design quality principles for residential flat buildings, as set out in Part 2 of SEPP 65.  The Panel’s comments for the original proposal and for the amended proposal received by Council on 23 July, 2004 are set out below:-

 

 

 

9.1.1  Original Proposal

 

1.       Relationship to the Context of the Proposal

         

The context of this part of Brook Street is that of mostly residential buildings, many with apartments at street level, a high proportion of brick and a predominance of 3 to 4 storeys, set back from the street frontage. 

 

2.       The Scale of the Proposal

 

The scale of the proposal is considered too big.  The corner element should be stepped to accord with the character of the streetscape.

 

3.       The Built Form of the Proposal

 

The front building should be set back to the same alignment as adjacent buildings.

 

The rear setback is minimal and should be increased. The less than 1m setback from the rear boundary does not provide sufficient amenity for the apartments and the space is unusable in terms of recreation or landscaping. Another strategy should be devised for the building footprint.

 

The Panel raised concerns over the site planning arrangement.  Consider various options for the site. Reconfiguration of buildings in a T shape could be an alternative option, allowing for courtyards on the side of the building and maintaining amenity for residents of the proposal and neighbours.

 

The driveway may be better positioned uphill to allow the commercial frontage to be closer to Coogee Bay Road.

 

The scale of the building could be lowered by the reduction in the large void space associated with the car park. Swapping the car park entry may also allow for some reduction in height.

 

4.       The Proposed Density

 

It is considered that the excess in FSR is generating amenity issues for the proposal.

 

5.       Resource and Energy Use and Water Efficiency

 

100% of cross ventilated apartments is highly commended. However the Panel has reservations about ventilation through the rear wall, as it is within 3 metres of the boundary.

 

6.       The Proposed Landscape

 

It was noted that the deep soil planting proposed along the periphery of the development was not effective or useable.

 

The incorporation of large trees in deep soil to the rear of the site is preferable.

 

The quality of the central courtyard space is decreased due to clutter from balconies, bridges etc. A more efficient design in this regard is required.

 

Planters in middle of courtyard should be deeper to ensure long term plant survival and health.

 

The design should also incorporate deep soil landscaping and tree planting to the front of the site.

 

7.       The Amenity of the Proposal for its Users

         

Proximity between the two buildings has been considered by the architect but remains a concern to the Panel.  It appears that the scheme relies on green space provided by neighbours.

 

It is considered that the units are well planned; however the entry sequence to units is considered too long and narrow.

 

8.       The Safety and Security Characteristics of the Proposal

 

The side entries to the apartments are a concern in terms of address, safety and security. The entire perimeter zone is an undesirable condition and should be reviewed.

 

9.       Social issues

 

The applicant should consider the possibility of another commercial type of use on the property, i.e. professional office use and consider locating the commercial section to north of site so as to be located closer to retail section of Coogee.

 

It is considered that balconies are small and privacy is not maximized.

         

10.     The Aesthetics of the Proposal

 

The colour and materials of the façade should be considered in relation to the form and massing of the proposal in the context of the street.

 

Summary and Recommendations

 

The panel considers that densities above LEP provisions can only be considered if there is a strong urban design rationale, public benefits, no negative impacts on neighbours, and a demonstrated high level of amenity to all units.

 

A redesign of the proposal is considered necessary to achieve these requirements.  The improvements suggested must be made in order for the Panel’s support to be achieved.  The Panel would like to see the revised proposal.

 

 

9.1.2  Amended proposal (received 23 July, 2004)

 

1.       Relationship to the Context of the Proposal

         

The development is satisfactory in its context.  As indicated by the options investigated by the applicant, the courtyard model works better than a single building and will benefit occupants and neighbours if it is well landscaped

 

2.       The Scale of the Proposal

 

The scale of the proposal is appropriate at street level, however it would be desirable to reduce the height of the rear building a little.  This would seem to be feasible.

 

3.       The Built Form of the Proposal

 

The entry sequence could do with more resolution.

 

The panel considered, as discussed with the applicant, that the placement of the lift in the courtyard and the access bridge to the rear building could be better resolved to improve privacy and the utility of the courtyard.

 

The identity of the commercial space should be less prominent and not dominate the majority of the façade.

 

4.       The Proposed Density

 

Satisfactory

 

5.       Resource and Energy Use and Water Efficiency

 

6.       The Proposed Landscape

 

It is essential that more use be made of the excess height in the garage to provide a good depth of soil over as much of the central courtyard as possible.

 

The soil level in the area to the rear of the rear building should be raised to ground floor level.  Consider linking the thus created rear courtyard areas to the title of units at lower ground floor, to ensure maintenance and maximize amenity.

 

More work is required on the courtyard aspect of the proposal, with the location of the pathway to be detailed.

 

7.       The Amenity of the Proposal for its Users

 

Garbage has poor access to the street.

 

Balconies would be better at 2000mm wide

There is a need for a stair at the north end of the plinth outside the commercial area.

 

8.       The Safety and Security Characteristics of the Proposal

 

The large flat column that partly conceals the residential entry should be reconsidered

 

9.       Social issues

 

The one bedroom apartments are a positive incorporation into the development and offer affordability.

         

10.     The Aesthetics of the Proposal

 

The Brook street elevation needs more work (more detail) to overcome its bland appearance.  At present it appears only as a graphic overlaying structure rather than having seriously considered balconies. The three major components of entry (both car and residential) commercial space and units with balconies need to be more coherently understood. The work that is done on the front facade should then inform the other facades in terms of both aesthetics and form. A reconsideration of the lift and stair may for example help that facade as it is experienced from the courtyard.

 

Summary and Recommendations

 

The panel commends the applicant on investigating and presenting the various options for the site. 

 

The Panel recognizes the good design qualities of the application and believes that it has been greatly improved.  The Panel believe that subject to amendments noted above being made and the elevations being reviewed this proposal should progress to it’s the subsequent stages of its approval. 

 

Planning Comment

 

The following changes were incorporated into the design following the Design Review Panel comments:

 

·        The proposal has been amended to decrease the gross floor area and is almost in compliance with the FSR standard.

·        The rear setback has been increased from 0.967m as originally proposed to 3m.  This area has been made a deep soil zone, raised to allow direct access from adjoining Level 1 apartments.  The landscape plan shows planting of substantial trees along the boundary. 

·        The overall building heights have been reduced by 200mm for the front building facing Brook Street and 700mm for the rear building when compared to the original proposal.

·        The front balconies have been setback 1.8m from the Brook Street boundary at Levels 2 and 3, which are commensurate with the setbacks of the building on the adjoining sites in Brook Street.

·        The driveway has been relocated to the southern side of the site (and setback 1.625m from the southern side boundary) to allow the commercial floor space to be in closer proximity to the commercial area on Coogee Bay Road.

·        A loading bay capable of accommodating a lite-ace van or similar has been incorporated into the basement carpark.

·        A roller shutter/security enclosure has been provided between Basement Levels 1 and 2 to separate residential car spaces from the commercial and visitor car spaces for security purposes.

·        The front façade of the building has been simplified and refined through the removal of the pre-cast concrete central element and reducing the width of the column defining the residential entry to the building.  This has reduced the visual prominence of the commercial space within the façade such that it no longer dominates the façade and is thus in line with the Panel’s recommendation.

·        Stairs have been provided at the north-eastern end of the building providing direct access between the footpath and the commercial tenancy.

·        The pedestrian link between the two proposed buildings in the central courtyard has been centralized to improve internal privacy and utility.

 

It is considered that the amended proposal now substantially addresses the outstanding concerns raised by the Panel and is now consistent with the design quality principles of SEPP 65.

 

9.2     Randwick Local Environmental Plan 1998

 

The site is zoned 3A General Business under Randwick Local Environmental Plan, 1998 (RLEP) and the proposed activity is permissible with Council’s consent. The following Clauses of the RLEP apply to the proposal:-

 

Commercial

Clause No.

Requirement

Provided

Compliance

32 - FSR

1.5:1

1.51 :1

No – refer SEPP 1 below

33 - Building Height

12m

13.9m (max)

No - refer SEPP 1 below

Other Clauses

Effect

Applies

Comment

46

Vicinity of Heritage Item

In the vicinity of Nos. 201 and 113 Brook Street and St Nicholas’ Church, all listed as items of local significance

Refer Heritage Planner’s comments

(Section 6.1 of the report above)

 

9.21   Clause 32-Floor Space Ratios

 

Under Clause 32(3), a maximum floor space ratio (FSR) of 1.5:1 is applicable for the site.  The proposed development has a FSR of approximately 1.51:1 which does not comply with this development standard.

 

The objective of the FSR standard under the LEP is as follows:

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

 

A SEPP 1 objection has been received with the application that argues that compliance with the standard in this instance is unreasonable and unnecessary for the following reasons:-

 

·        The building in terms of its height, size, bulk and scale is consistent with a number of recent developments in the vicinity.

·        The proposed building represents an appropriate visual transition between the multi-unit housing buildings on either side of the site.

·        The proposal does not result in any unreasonable adverse environmental impacts in relation to adjoining properties in terms of loss of privacy, overshadowing and general overbearing impacts.

·        The proposal replaces an existing visually unattractive, dilapidated and uninhabitable building with a high quality built form which will make a significant positive contribution to the streetscape of Brook Street.

·        The proposal is not inconsistent with other development in the locality in terms of height, bulk, scale, size and the amount of private open space area afforded.

·        The proposal contributes positively to the desired future character of the locality.

·        The proposal will not detrimentally impact on the amenity of the existing residential development of the area.

·        The proposal provides high quality residential accommodation.

 

Planning Comment

 

The SEPP 1 objection is generally considered to be well founded and should be supported.  The increase in FSR above the standard equates to approximately 13m2 of additional floor area or 1.1% of that permitted.  This is a relatively minor variation and the change to the building form and bulk between a development with a complying FSR and the subject proposal would not be visually discernable.  Neither would there be any significant reduction in the impacts arising thereto.  Relocation of the waste and bicycle storage areas on the ground floor to the basement would ensure a complying development. It is considered, however, that this would provide little in the way of environmental benefit, as increased excavation would, in all likelihood, reduce deep soil perimeter zones around the proposed building.  As such, it is considered unreasonable and unnecessary for strict compliance with the FSR provision of the RLEP and accordingly the SEPP 1 objection can be supported on the basis that it meets the objectives of Clause 32 of the LEP.

 

9.22   Clause 33 – Building Heights

 

Clause 33 (5) of RLEP 1998 requires that the maximum building height for a building, within Zone No. 3A, be no more than 12m.  The proposed development has a maximum height of 13.9m approximately to the top of the clerestory on the building fronting Brook Street and 12.46m for the rear building.  The purpose of the development standard for building heights is as follows:-

 

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

 

The applicant argues in their SEPP 1 objection that the compliance with the building heights standard in this instance is unreasonable and unnecessary for the following reasons:-

 

·        The site has been significantly excavated and sits well below the ground levels of the adjoining properties to the west and the south, being bound on both these sides by a masonry wall up to 2.96m in height in some places.  As such, the proposed building levels have been determined with regard to driveway gradient requirements to the basement carparking and to ensure internal amenity of the apartments is not compromised through lack of solar access and natural ventilation, so that apartments would be situated below ground level of the adjoining properties.

·        The proposed maximum height (RL 32.70) of the building fronting Brook Street is well below the maximum height of the building to the south at 122 Brook Street (RL 34.09) and is dwarfed by the six to seven storey Medina Executive Apartment building to the north-west.  It is therefore not inconsistent with other development in the locality in terms of its height, bulk, scale and size.

·        The proposed development presents an appropriate visual transition between properties on either side of the site.

·        The proposal will contribute positively to the desired future character of the locality.

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

·        The proposal will provide high quality residential and retail accommodation within the area.

 

Planning Comment

 

The SEPP 1 objection is generally considered to be well founded and should be supported.  It is considered that the proposed development will provide an appropriate built form and edge to Brook Street consistent with multi-unit housing already existing on the western side of Brook Street.  Further, a development compliant with the prescribed height control would not necessarily, in the circumstance of the site context, achieve a redevelopment potential consistent with the surrounding built form. 

 

On the southern side, the wall of the proposed development is fully compliant with the 12m height control, with the non complying sections relating particularly to the roof elements and the wall on the northern side of both buildings.  The non compliant sections of the proposed buildings relate to the significant cross fall south to north across the Brook Street frontage (approximately 1.53m) and the significant excavation that has already taken place at the rear of the site, the existing retained area forming parking and manoeuvring space for Australia Post vehicles.

 

Given the narrow site width, a ‘stepped’ building form would look out of place within the streetscape context, rather the proposed step between the neighbouring buildings is provided by the building itself (the proposed building along the Brook Street frontage is approximately 1.39m lower than No. 122 Brook Street and 2.3m higher than No. 118 Brook Street) and this will provide the necessary visual transition in the streetscape.  As well, the upper section of the building is recessed with respect to the ground and first level portions, with the roof elements being confined to three ‘pop-out’ triangular wedges, which all serve to diminish the perception of building bulk.

 

As the non complying wall height is located on the northern side of the proposed development it does little in the way of contributing to increased overshadowing to the building to the south.  Accordingly, it is considered that the proposed development meets the underlying objectives of the height standard, in that it minimises the impact to adjoining and nearby land and ensures that there is a sympathetic transition between the prevailing scale and character of existing buildings in the locality and new development.  As such, it is unnecessary and unreasonable to enforce the height standard in the circumstances of the case and the SEPP 1 objection is supported.

 

9.3     Draft State Environmental Planning Policy (Application of Development Standards) 2004  (Draft SEPP 2004)

 

The Draft SEPP 2004 (Application of Development Standards) seeks to replace the provisions of SEPP 1 and has been publicly exhibited (concluding on 18 June 2004). The new SEPP will introduce new provisions for assessing whether flexibility of a planning standard are acceptable or not.

 

The additional tests include whether the proposal will result in a better environmental outcome than a complying development, design quality and whether the development meets the objectives of the controls.  Notwithstanding, that the SEPP is a draft document requiring consideration under section 79C of the EP&A Act, Clause 14 of the draft document includes savings provisions that any development application made and not determined when the draft SEPP is gazetted is to be assessed against the existing provisions of SEPP No. 1.

 

Further, legal advice provided to Council considers that the draft SEPP should not be given any significant weight, as its final form is neither imminent nor certain and would not apply given that it contains a provision saving the subject application.  As such, further consideration of the Draft SEPP is therefore not required, however it is considered that the proposal results in a better environmental outcome on the site than that which could have been achieved had the standards been complied with due to its exceptional design quality, in particular its scale and form within the streetscape.  A thorough assessment of the proposal against the existing provisions of SEPP No. 1 and against Council’s statutory control and its objectives has been made in Section 9.21 and 9.22 of this report.

 

9.4     Development Control Plan - Parking

 

The parking provision for the amended proposal is fully compliant with Council’s DCP Parking (refer Figure 6 below). 

Figure 6: Parking requirements

 

Type of land use

Parking Requirements

Provided

Compliance

Business premises (140.19m2)

1 space per 40m2 =3.5 spaces

4

Yes

Multi-unit housing

 

 

 

    Residential

1 space per 10 x 1 Bed = 10 spaces

1.2 spaces per 4 x 2 Bed = 4.8 spaces

TOTAL = 15 spaces

   15 spaces

Yes

    Visitor

1 space per 4 units = 3.5 spaces including 1 car wash bay

TOTAL = 4 spaces

4 spaces with 1 being a car wash bay 

Yes

    Bicycle (residential)

1 residential space per 3 units = 4.6 spaces

1 visitor space per 10 units = 1.4 spaces

TOTAL = 6 spaces

An area designated for 7 bicycle spaces shown on plan, however not suitable for visitor bicycle parking

Yes

 

9.5     Section 94 Contributions Plan

 

The calculations for the residential component of the proposed development are set out in Figure 7 below.  Please note a credit has been given for the existing two dwelling houses on the site and given the reduction in commercial floor space, no levy is applicable for the commercial component of the proposed development.

 

Figure 7: Levies for additional residential dwellings

 

Units

Open space levy per unit ($)

Total open

Space

($)

Community facilities levy per unit ($)

Total community facilities

($)

10 x 1 Bedroom

1,195.25

11,952.50

528.50

5,285.00

4 x 2 Bedroom

1,792.88

7,171.52

792.72

3,170.88

TOTAL*

 

19,124.02

 

8,455.88

 

*Note: An administrative charge of $425.00 is payable for all developments.

 

9.6     Randwick Rainwater Tank Policy

 

Council’s Rainwater Tank Policy, effective from the 15th October, 2003, requires all new development to install a rainwater tank for the collection and reuse of roof water.  On site detention is proposed as part of the application and consequently it would not be difficult for the applicant to meet the rainwater tank requirements.  Accordingly an appropriate condition of consent is contained within the Recommendation of the report.

 

9.7     Australia Post

 

A great deal of community concern with regard to this proposed development centres around the potential loss of a Post Office within Coogee and the ramifications thereto, particularly the hardship and inconvenience that would be caused for local residents having to travel further afield for services that are currently supplied by the Post Office.

 

It is understood from the applicant that they have been having on-going discussions with Australia Post in an attempt to either assist them in temporary relocation within the Coogee area and occupation of the new retail tenancy upon completion or assist in a permanent relocation to another property within the Coogee area as preferred by Australia Post.  It is also understood from Australia Post that their current lease has an option to extend if they take it up.  Ultimately it appears that it will be a commercial decision taken by Australia Post, similar to the one already taken when they sold the site, which will determine whether a Post Office is retained at the current location or within Coogee.  As such, it should not affect the planning consideration of the application, which should be assessed on its merits and the planning controls pertaining to the site.

 

9.8     View Impacts

 

A site inspection, wherever possible, was undertaken from the units within the residential and serviced apartment complex located to the rear of the site (183 Coogee Bay Road) that lodged submissions pertaining to view loss issues resulting from the original proposal.  It is noted that these units did not lodged objections to the amended proposal.  

 

It should also be noted that the RLEP does not make mention of the concept of view sharing, neither is there any relevant development control plan applicable to the site which calls up the concept of ‘view sharing’.  The notion of ‘view sharing’ is invoked, however, 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.)

 

The Land and Environment Court (Tenacity v Warringah Council – 2004) has given guidance on whether or not view sharing is reasonable, by way of a four part assessment, being:

 

1.       An assessment of views to be affected.

2.       Consideration of from what part of the property the views are obtained.

3.       Assessment of the extent of the impact

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

 

Applying the above principles to views obtained from units from which it is was possible to gain entry to at 183 Coogee Bay Road (Units 18, 19, and 22), it was evident that the views obtained would either not be affected as the units were so high that they look completely over the site and the proposed development or would not be significantly affected given the other buildings in the foreground (refer Figures 8 and 9).  Note the height of the proposed development may be gauged by comparing it to No.122 Brook Street (on the left hand side of the photos below), which is approximately 1.39m higher than the highest point in the proposed development.  Units 18, 19 and 22 are located on Levels 5 and 6 of the building and while the development may potentially affect units lower in the building who have not objected to the proposal, these views may be partially obscured by any building that is higher than the existing Post Office Building or already be obscured by buildings on the opposite side of Brook Street.  It should be noted that it was not possible to gain entry to Unit 4/183 Coogee Bay Road, however, given its location toward Coogee Bay Road, it was considered that it would not be affected by the proposed development.  It is therefore considered that the view sharing from the proposed development is reasonable under the circumstances.

 

 

Figure 8 view from balcony of 22/183 Coogee Bay Road

 

 

Figure 9: View from balcony of 18/183 Coogee Bay Road

 

9.9     Resident issues (not elsewhere addressed)

 

Construction issues of noise, dust and potential damage to adjoining properties are matters that are common to most development applications for new buildings and are addressed by standard conditions of consent contained within the Recommendation of this report. 

 

The issue of oversupply of units within the area generally are matters of market forces and land zoning and are not planning matters that can be properly considered in the assessment of this application under Section 79c of the Environmental Planning and Assessment Act, 1979 (as amended).

 

Unit No. 5/118 Brook Street has raised issues regarding noise from the roller shutter door, however, the amended proposal relocates the driveway to the opposite side of the site away from the objector’s property.  As well, issues arising from the proximity of the development to the southern side boundary, in particular loss of light and outlook for the tenants of this ground floor unit have been raised.  While the subject unit has the benefit of separation provided by the existing above ground driveway running along the southern side of the subject site, given the business zoning which allows a building to be built to the boundary, it is considered unsustainable to expect that this situation can be retained.  The proposal does, however, provide a setback to the southern boundary, of 1.485m and also opens the site up above Level 1 by separating the two buildings by a distance of approximately 12m, which reduces the impact of bulk and general overbearing nature on the residents of 118 Brook Street.  In this regard, it should be noted that no other property owners or residents of this building have objected to either the original or amended proposal.  This building, being located on the northern side of the subject site, will not be affected by any overshadowing and it is considered that the separation provided by the two building forms in the subject proposal will give access to reflected light from the sky for the units with windows on the southern side of No. 118 Brook Street.  The noise issue of using the proposed pathway on the southern side of the building for the transport of waste bins to the street for kerbside collection is not considered a significant issue given the relatively small number of units in the proposed development, the number of bins involved and the intermittent nature of this occurrence, which will generally not occur when people are sleeping.  The claim that the Unit 5 will suffer a loss of value due to the proposed development is therefore not considered sustainable in the circumstances.

 

The original proposal attracted objections from units within No. 122 Brook Street with regards to shadow and privacy impacts to their building, however, it should be noted that these objections were not repeated with regard to the amended proposal.  It is considered that given the constraints imposed by the subdivision pattern, any form of complying development would have a shadow impact on No. 122 Brook Street, as it is located to the south of the subject site.  In this respect it should be noted that the existing Post Office building is well under the development potential for the site, both in terms of FSR and height. 

 

The proposal before Council, by splitting the development into two building forms at Level 1 and above, allows some solar access to windows on the northern face of No. 122 Brook Street, which would not otherwise be gained with a more monolithic form of development.  In terms of privacy, the proposal provides minimal fenestration to its southern and northern sides, the majority of windows having raised sill heights to minimise overlooking, with the primary orientation of the apartments being east/west. A central landscaped courtyard also helps to minimise privacy impacts.  As well, a condition of consent is contained within the Recommendation of this report requires privacy screens to be provided to a height of 1.5m on the southern and northern elevations at the end of the balconies and walkways facing the central courtyard of the building.  Under these circumstances the proposal is considered reasonable with respect to the impacts on No. 122 Brook Street.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposal seeks variations to statutory controls for floor space ratio and building heights under the RLEP 1988 by way of SEPP 1 objections.  The SEPP 1 objections are considered appropriate in the circumstances of the site and its constraints, including its unique topography.  As such, the proposed bulk, form, scale and height will not have any significant detrimental impact on the streetscape or the character of the area.  The proposed design minimises its impact on adjoining development and may be approved by way of a deferred commencement consent to resolve issues regarding materials, finishes and colours and subject to appropriate conditions of consent as contained within the Recommendation of the report.

 

12.     RECOMMENDATION:

 

A.      THAT Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 32 (3) of the Randwick Local Environmental Plan 1998 (as amended) relating to maximum floor space ratio on the grounds that the proposed development complies with the objectives of the clause and will not adversely affect the amenity of the locality and the Director of Infrastructure Planning and Natural Resources be notified accordingly;

 

AND

 

B.      THAT Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 33 (5) of the Randwick Local Environmental Plan 1998 (as amended) relating to maximum building heights on the grounds that the proposed development complies with the objectives of the clause and will not adversely affect the amenity of the locality and the Director of Infrastructure Planning and Natural Resources be notified accordingly;

 

AND

 

C.      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. DA 414/2004 for Demolition of the existing Post Office building and construction of a mixed use development containing commercial space on the ground floor and 14 dwellings and the strata subdivision of the completed development. at 120 Brook Street, Coogee, subject to the following condition:-

 

DEFERRED COMMENCEMENT CONDITION

 

The consent is not to operate until the following material has been submitted to and approved by the Director of Planning and Community Development:

 

1.       The colours, materials and finishes of the external surfaces to the building 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 sample board keyed to all building elevations) are to be submitted and shall include the following:-

 

·        metal roof sheeting painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment

·        details and samples of the glass to be used.  The reflectivity index of glass used in the external façade of the development must not exceed 20 percent and certification of such is required with the sample board. 

 

Evidence required to satisfy the above condition must be submitted to Council within 12 months of the date of this consent.

 

DEVELOPMENT CONSENT CONDITIONS

 

D.      Subject to compliance with the deferred commencement condition, to the satisfaction of the Director City Planning, development consent be granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA 414/2004 for demolition of the existing houses and the construction of a multi-unit housing development containing Demolition of the existing Post Office building and construction of a mixed use development containing commercial space on the ground floor and 14 dwellings and the strata subdivision of the completed development. at 120 Brook Street, Coogee subject to the following conditions:-

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA 02 - DA 15, all Issue F, prepared by Turner and Associates and received by Council on 19 January, 2005, draft strata plans numbered with Surveyor’s Reference 23916 D. T./ Brook, Sheets 1-5, prepared by David John Tremain of Harrison Friedmann and Associate P/L and received by Council on 31 March 2005, the application form and on any supporting information received with the application, except as may be amended  by the satisfaction of the deferred commencement condition, 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.       Privacy screens shall be provided to a height of 1.5m on the southern and northern elevations at the end of the balconies and walkways facing the central courtyard of the building and shall be detailed as such prior to the issue of the construction certificate

 

3.       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.

 

4.       Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

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

 

7.       The enclosure of balconies is prohibited by this consent.

 

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

 

9.       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.

 

10.     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.

 

11.     A separate Development Application is required to be submitted to and approved by Council with regard to proposed usage of the commercial tenancy prior to occupancy.

 

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

 

13.     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.

 

14.     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.

 

15.     All signage and advertising must be in accordance with Council’s Development Control Plan (DCP) for Outdoor Advertising and development consent must be obtained for all signage and advertising in accordance with Council’s Local Environmental Plan 1998 (unless exempt from approval under Council's DCP for Exempt and Complying Development).

 

          All advertising and signage must be written in English language or both English and relevant non-English language equally.  The use of non-English language advertising only is not permissible.

 

16.     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.

 

17.     Details of any proposed electricity power supply poles to be provided to service the development are to be submitted to and approved by Council’s Director of Planning, prior to installation.

 

18.     Solar hot water heaters or other structures are not permitted to be installed on the roof of the building unless the prior written approval of Council’s Director of City Planning has been obtained beforehand.

 

ECOLOGICALLY SUSTAINABLE DEVELOPMENT & ENERGY EFFICIENCY:

 

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

 

19.     The development must be designed and constructed to achieve a minimum energy efficiency NatHERS rating of 3.5 stars or equivalent and a NatHERS certificate or equivalent, prepared by a suitably qualified person, is to be submitted to the certifying authority with the construction certificate application.

 

          The design of the building must be consistent with the development consent and any proposed variations to the building to achieve the energy efficiency rating may necessitate a new or amendment to the development consent prior to the issuing of a construction certificate.

 

20.     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.

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

 

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

 

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

 

23.     The hot water system/s installed in the development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s Energy Smart Homes Policy.  Any electric clothes dryers to be provided in the development must also have a minimum 2 star energy rating.

 

24.     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 a) 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 at Level 1 of the building, with the overflow from the rainwater tank connected to the detention system 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 Contributions:

 

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

 

25.     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                                  $19,124.02

b)      for the provision or improvement of community facilities                       $ 8,455.88

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.

 

SUBDIVISION: 

 

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

26.     Upon completion of the development and prior to the issuing of the strata subdivision, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

          Details of critical stage inspections carried out by or on behalf of the principal certifying authority together with any certification relied upon and the occupation certificate for the building must also be provided to Council prior to approval of the strata subdivision plans.

 

27.     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 (in conjunction with registration of the plan of subdivision) 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. 

 

28.     The registered proprietor of the land the subject of this consent shall enter into a positive covenant that no right of exclusive use and enjoyment of the whole or any specified part of the area or areas designated as common area or similar in the approved plans will be conferred on any person or persons without the prior approval of Randwick City Council.

 

29.     The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

30.     All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the subdivision plans.

 

31.     The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

32.     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 the subdivision certificate (whichever the sooner).

 

33.     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.

 

34.     Where the plans which are the subject of this consent reserves parking spaces and/or courtyards for the exclusive use and enjoyment to an occupier of the land, the registered proprietor shall enter into a positive covenant that no change will be made to such reservations without the prior approval of Randwick City Council.

 

35.     All orders and notices issued by Council shall be complied with prior to release of the subdivision plans.

 

36.     The landscape open space central courtyard area of the site is to remain as common property and be indicated on the strata plan application accordingly.

 

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 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 a LAeq, 15 min noise level, adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy and the NSW Environmental Protection Authority’s Noise Control Manual (for sleep disturbance).

 

38.     The use and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance.

 

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:

 

39.     The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

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

 

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

 

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

 

43.     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.

 

44.     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.

 

45.     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.

 

46.     Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

i)        appoint a Principal Certifying Authority for the building work, and

 

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)      unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

iv)      give at least two days notice to the Council, in writing, of the persons intention to commence building works.

 

          In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

47.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

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

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

48.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

 

·        name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·        name, address and telephone number of the Principal Certifying Authority,

·        a statement stating that “unauthorised entry to the work site is prohibited”.

 

49.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

          An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

50.     Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and conditions of consent.

 

          Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon and must also be provided to Council with the occupation certificate.

 

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

 

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

 

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

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

 

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

 

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

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

 

          Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

          At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.2% of the cost of the works.

 

53.     Fire safety notices must be provided to fire-isolated stairways, passageways or ramps in accordance with clause 183 of the Environmental Planning and Assessment Regulation 2000, at all times.

 

54.     The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia 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.

 

          Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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

 

55.     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 potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

          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.

 

56.     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 demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

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

 

57.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandahs, fences, retaining walls, swimming pools and driveways etc.) located upon all of the premises adjoining the subject site.

 

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

 

58.     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.

 

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:

 

59.     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.

 

60.     Any demolition works involving asbestos products are to be carried out in accordance with relevant WorkCover New South Wales requirements, guidelines and codes of practice.

 

61.     A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

62.     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.

 

63.     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.

 

64.     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.

 

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

 

66.     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.

 

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

 

68.     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 first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction 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.

 

69.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

70.     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.

 

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

 

72.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

73.     A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

·        location and construction of protective fencing / hoardings to the perimeter of the site;

·        location of site storage areas/sheds/equipment;

·        location of building materials for construction;

·        provisions for public safety;

·        dust control measures;

·        site access location and construction

·        details of methods of disposal of demolition materials;

·        protective measures for tree preservation;

·        provisions for temporary sanitary facilities;

·        location and size of waste containers/bulk bins;

·        details of proposed sediment and erosion control measures;

·        construction noise and vibration management.

 

          The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain adequate levels of public health and safety.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

74.     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.

 

75.     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

 

          Details of the proposed sediment control measures are to be detailed in a site water management plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

          Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

76.     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.

 

          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.

 

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

 

78.     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.

 

79.     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. 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.

 

          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.

 

          Temporary fences and hoardings are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

          The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

          If it is proposed to locate any site fencing, hoardings 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.

 

80.     A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road or nature strip or in any public place:-

 

·        Install or erect any site fencing, hoardings or site structures

·        Operate a crane or hoist goods or materials over a footpath or road

·        Placement of a waste skip (grater than 3m in length) or any container or other article.

 

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

 

81.     Access, facilities and car parking for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 and relevant Council development control plans for the subject development, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

Security Deposit Conditions

 

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

 

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

a)       $1000.00  -           Damage / Civil Works Security Deposit

 

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

 

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

 

Traffic conditions/Civil Works Conditions

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

 

83.     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 site. It is noted that this shall include converting the existing kerb inlet pit (located opposite the proposed vehicular entrance to the site) to a double grated inlet pit within the new layback.

 

b)      Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath and integral kerb and gutter to Council's specification.

 

c)       Replace the existing stormwater manhole access (located within the redundant layback) with a new double grated kerb inlet pit (minimum 2.4 metre long inlet) constructed in general accordance with Council’s standard drawing SD7.

 

d)      Reconstruct any damaged sections of kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points. It is noted that this shall include road reconstruction works where required.

 

e)       Reconstruct the full Brook Street site frontage, in accordance with Council’s Urban Design Guidelines for Coogee Beach Commercial Centre.

 

          NOTE: The landscape design may include pavements, seat and bin installations, trees, tree guards and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

84.     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.

 

85.     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.

 

86.     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.

 

87.     The driveway opening at the Brook Street frontage shall be minimum 3.00 metres wide (clear width) and located at least 1.5 metres clear of the side property boundary.

 

88.     The applicant shall meet the full cost for the installation of a ramp signalling system, located wholly within the development site, in accordance with the correspondence received from Project Planning Associates dated 9 March 2005.

 

          Note: This shall include the provision of remote, in-car ‘clickers’ as detailed in the above correspondence.

 

89.     A Works Zone is to be provided in Brook 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.

 

90.     The garage door to the basement carpark shall be set back a minimum of 5.50 metres from the boundary alignment and shall be located at the toward the top of the ramp, with a remote opening system provided for the opening and closing of the garage door for residents and tenants of the building.  The control point for the operation of garage door for visitor vehicles exiting the carpark shall be located at the bottom of the ramp and be clearly signposted as such.

 

91.     The ramp to the basement carpark shall be illuminated to facilitate a safe and secure environment for the authorised use of vehicles and persons within the carpark.

 

Alignment Level Conditions

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

 

92.     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:

 

·        Match the back of the existing concrete footpath at both the northern and southern boundaries and grade linearly between the two points.

 

          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.

 

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

 

94.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $662 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:

 

95.     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.

 

96.     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.

 

97.     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.

 

98.     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:

 

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 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.

 

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.   All site stormwater must be discharged (by gravity) to either:

 

a)       The underground drainage system in Brook Street, via a new kerb inlet pit (to be constructed in the location of the existing stormwater manhole access); OR

b)      A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

          Notes:

 

a.       All new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

b.       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.

 

102.   Should stormwater be discharged to Council’s street drainage system, 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 10 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.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm 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.

 

103.   Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

          Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

104.   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.

 

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

 

106.   The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)       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)

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

c)       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

 

107.   The stormwater detention area (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

108.   The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level (in the detention area) 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.   A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

111.   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.

 

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

 

113.   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.

 

114.   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.

 

115.   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’

 

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

 

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

 

116.   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:

 

a)       The location of the detention basin with finished surface levels;

b)      Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

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

e)       The orifice size(s) (if applicable);

f)       Details of any infiltration/absorption systems; and

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

 

117.   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.

 

118.   As the above site may encounter seepage water within the depth of the basement excavation, the basement 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 (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 seepage water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the seepage water through the development site).

 

Waste Management Conditions

 

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

 

119.   The garbage room areas shall be sized to contain a total of 14 x 240 litre bins (7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins.

 

120.   The commercial/retail garbage room shall be sized to contain a total of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins.

 

121.   The commercial garbage area shall be separated from the residential bin storage areas and connected directly by a door to the commercial tenancy.  Details of such shall be provided on the plans prior to the issue of the construction certificate.

 

122.   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.

 

123.   The garbage storage areas are to be clearly signposted.

 

124.   Prior to the occupation of the development, the owner or applicant is required to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services for the premises.

 

125.   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 Services, a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and commercial components of the development site.

Landscape Conditions

 

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

 

126.   The landscaped areas shown on drawing numbers 24004-DA01 Rev C and 24004-DA02, Rev B, prepared by Aspect Landscape Architects Pty Ltd, dated March 2005 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. If Council is not the certifying authority for this site, the applicant will still be required to 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, features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

          The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon 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. 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 landscape plan shall show a minimum number of 6 x 100 litre broad canopied trees (not palms) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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.

 

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.

 

d.       Additional notation showing soil and mulch details, irrigation details, lighting 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.       Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

Note: 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.

 

127.   In order to reduce the amount of stormwater generated by the site as well as 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.

 

128.   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.

 

129.   The applicant shall submit a landscape design for the Brook Street frontage of the development in accordance with Council’s Urban Design Guidelines for the Coogee Beach Commercial Centre. The landscape design may include pavements, seat and bin installations, 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 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.

 

          All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

 

          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 $2,000 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 Brook 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.   Any substation required shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

132.   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.

 

Tree Management

 

133.   The applicant shall submit a total payment of $484.00 to Council,

 

A.      Being the cost for Council to supply and install 2 x 75 litre street trees (Banksia integrifolia, Coastal Banksia) on the southern side of the proposed driveway at the completion of all works ($440.00 + GST)

 

          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.

 

134.   A refundable deposit in the form of cash, cheque, or bank guarantee (with no expiry date) for the amount of $14,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1                 -        Structural provisions

b)      Part D1                -        Provisions for escape

c)       Clause D1.3         -        When fire-isolated exits are required

d)      Clause D1.4         -        Exit travel distances

e)       Part D3                -        Access for people with disabilities

f)       Clause D3.5         -        Car parking for people with disabilities

g)       Part E1                 -        Fire fighting equipment

h)       Part E2                 -        Smoke Hazard Management

i)        Part E4                 -        Emergency lighting, exit signs & warning systems

 

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

 

          You are advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

2.       The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

          The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

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

 

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

 

ATTACHMENT/S:

 

1.       A4 Architectural Plans

2.       A4 Draft Strata Plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID PIRIE

DIRECTOR, CITY PLANNING

SENIOR ENVIRONMENTAL PLANNER

 

 

 

 

 


 

Director, City Planning Report 24/2005

 

 

SUBJECT:

30 - 32 Eastbourne Ave, Clovelly

 

 

DATE:

20 April, 2005

FILE NO:

04/971

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

At the Health, Building and Planning Committee meeting held 12 April 2005, Council resolved that this application be deferred to the next Ordinary Council Meeting to allow amended plans to be submitted to Council which incorporate the requirements of the deferred commencement conditions relating to height and privacy.

 

ISSUES:

 

The deferred commencement condition relating to height is as follows:

 

1.         The height of the roof is to be reduced by 650mm so that the RL of the roof ridge for the proposal is RL27.35. An amended plan detailing the alterations is to be submitted to and approved by Council’s Director City Planning, prior to the operation of this consent.

 

The applicant has submitted amended plans to Council which satisfy this condition. This deferred commencement condition can therefore be deleted and condition 1 of the consent amended to incorporate the changes.

 

With respect to privacy, the following condition was imposed in the conditions of consent:

 

7.         The proposed first floor rear balcony is to be reduced in size to have the maximum dimensions of 1m in depth x 4.5m in width and is to contain 1.8m high privacy screens on the eastern and western sides to prevent overlooking to adjacent properties.

 

The amended plans reduce the balcony to 1m in depth x 9.3m in width and contain privacy louvres for the full height of the upper level. This design ensures light and ventilation will reach the entire rear of the first floor without resulting in any privacy impacts to the neighbours at the rear. The alterations satisfy the intent of condition 7 which can therefore be deleted and condition 1 of the consent can be amended to incorporate the changes.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

RECOMMENDATION:

 

A.      THAT Council as the consent authority, grant development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 04/00971 for alterations and additions to the existing dwelling including enlarged ground and first floors, internal reconfiguration of ground and first floors and new pool and rear landscaping at 30-32 Eastbourne Ave, Clovelly 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 City Planning:

 

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

         

          Details of the proposed colours, materials and textures (ie. a schedule and brochure/s or samples affixed to a board keyed to coloured elevations), are to be submitted to and approved by Council’s Director City Planning, prior to the operation of this consent.

 

2.       In order to provide a reasonable level of amenity between this site and adjoining properties, as well as to address screening and privacy concerns, a garden bed shall be provided along the length of the rear (north) property boundary, and shall be planted with a species that can attain a height of no more than 3.5 metres at maturity, in order to achieve a dense, continuous planted screen.

 

          Details of the proposed species and compliance with this condition shall be provided on the plans submitted to and approved by Council’s Director City Planning, prior to the operation of the consent.

 

          Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent.

 

Development Consent Conditions

 

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

 

1        The development must be implemented substantially in accordance with the plans numbered A:001B, A:002B, A:003B, A:004B, A:005C, A:006C, A:200C, A:201C, A:202B, A:203C, A:204C, A:205C, A:300C, A:301C all dated 14 April 2005 and all received by Council 20 April 2005, the application form and on any supporting information received with the application, except as may be amended by details/amendments approved pursuant to the deferred commencement condition, the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.       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.

 

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

 

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

 

6.       The proposed side fences are not to exceed 1.8m in height.

 

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

 

7.       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.

 

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

 

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

 

9.       New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

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

 

10.     Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

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

 

          Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

11.     External paths and ground surfaces are to be graded and drained away from the building and adjoining premises in such a manner so as not to result in the entry of water into a building, or cause a nuisance or damage to the adjoining premises.

 

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

 

12.     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.

 

13.     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.

 

14.     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.

 

15.     Prior to the commencement of any building works, the person having the benefit of the development consent must: -

 

i)        appoint a Principal Certifying Authority for the building work; and

 

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing; and

iii)      unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

iv)      give at least two days notice to the Council, in writing, of the persons intention to commence building works.

 

          In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

16.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

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

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

17.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

 

·        name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable);

·        name, address and telephone number of the Principal Certifying Authority; and

·        a statement stating that “unauthorised entry to the work site is prohibited”.

18.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

          The relevant requirements of the Environmental Planning & Assessment Regulation 2000 and relevant conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

          An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent and conditions of consent.

 

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

 

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

 

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

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

 

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

 

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

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

 

          Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

          At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.2% of the cost of the works.

 

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

 

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

 

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

 

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

 

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

 

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

 

22.     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.

 

23.     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”.

 

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

 

25.     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.

 

26.     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.

 

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

 

28.     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.

         

29.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.