Administrative Centre

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Randwick 2031

Tel: 02 9399 0999

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general.manager@randwick.nsw.gov.au

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

5 April 2005

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 12TH APRIL 2005 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTEE MEETING HELD ON TUESDAY, 8TH MARCH, 2005.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Mayoral Minutes

 

6           Development Applications

 

6.1                        

DEVELOPMENT APPLICATION REPORT - 160 BROOK STREET, COOGEE.

2

 

6.2                        

DEVELOPMENT APPLICATION REPORT - 353-355 ANZAC PARADE, KINGSFORD.

63

 

6.3                        

DEVELOPMENT APPLICATION REPORT - 30-32 EASTBOURNE AVE, CLOVELLY.

134

 

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

 

……………………………..

GENERAL MANAGER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

23 March 2005

FILE NO:

D/0033/2004

 

PROPOSAL:

 Demolition of existing dwelling and construction of new four storey residential flat building comprising 3 bedroom dwellings.  Basement carparking for 7 cars and strata subdivision of resulting development.

PROPERTY:

 160 Brook Street, COOGEE

WARD:

 East Ward

APPLICANT:

 SPD Town Planners

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building & Planning Committee at the request of Councillors Matson, Hughes, Woodsmith, Notley-Smith, Belleli and Seng.

 

The proposed development involves the demolition of the existing building and construction of a part three/part four storey multi unit development containing 3 dwellings with basement car parking. Concern was raised by objectors in respect to the proposal’s height, bulk, non-compliance with the rear setback requirement, scale and associated impacts. The proposed development complies with the statutory height limit (both wall height and overall height) for development in this zone. Consideration was given to issuing a Deferred Commencement consent based on reducing the overall height of the building by removing some of the void area above the garage under delegated authority. The applicant requested that Council consider amended plans prior to making this determination. The amendments were renotified and involve repositioning the rear section of the building along the southern side to have the building comply with the rear setback requirement, redesigning the front entry making it less dominating and reducing the trafficability on the terraces by introducing planter boxes. The application was subsequently referred to the Health Building & Planning Committee meeting at the request of several Councillors.

 

This report is based on the amended plans and the proposal is recommended for approval subject to conditions.

 

2.       THE PROPOSAL

 

The applicant is seeking approval to demolish the existing buildings on the site and construct 3 x 3 bedroom residential units over four storeys with basement carparking for 7 cars, accessed from Brook Street. The units are all two storey (split level), with a lower level comprised of living areas (towards the front of the building) and an upper rear level comprised of bedrooms. A full storey separates each level of the units, resulting in a one storey void at the rear of the ground floor level, above the basement parking area. The split level form of the units has been generated as a response to the topography of the site, however the actual first floor level to the rear of the site is above natural ground on the northern side and 200-600mm below natural ground level on the western and southern sides of the building.

 

The building is contemporary in style and has a flat roof form including roof terraces. Large expanses of terrace are provided to the northeast and eastern edges of the building at all levels. A pedestrian entranceway is provided from Brook Street via a stair along the southern side boundary.

 

The applicant proposes landscaping to the rear and sides of the site. The applicant has also applied for strata subdivision of the building.

 

The proposal has been amended to address concerns raised by Council in respect to the bulk, non-compliance with the rear setback requirement and the excessive amount of terraced area. Amended plans were received on 21 January 2005 and were renotified to immediately adjoining properties. The amendments include:

·        Repositioning the rear bathrooms from the  rear to the southern side and hence increase the rear setback

·        Planter boxes incorporated to the terraces to reduce trafficability and act as a privacy mechanism.

·        Redesign the entry to reduce the dominance of the front retaining wall.

 

The assessment is based on this amended proposal.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property consists of a single allotment and is located on the western side of Brook Street, two allotments to the north of the reserve at the end of Bay Street in Coogee. The site is slightly irregular-shaped towards the rear of the site and has side boundaries (north and south) which measure 41 and 39 metres respectively. The front (eastern) boundary (to Brook Street) measures 12.19 metres. The rear (western) boundary measures approximately 11.7 metres and is irregular. The total site area is 496.6m2. The site is currently occupied by a two storey duplex, ancillary sheds and fencing and a single garage with access from Brook Street. The topography of the area sets a strong character in this part of Brook Street, with properties generally being elevated well above street level and streetscape being characterised by high masonry retaining walls punctuated by garaging.

 

Development in the locality is comprised of a variety of residential uses. Adjoining the site to the north is a two storey brick and stone duplex (158 Brook Street). Adjoining the site to the south is a recently completed residential flat building (162 Brook Street). To the west (rear) of the site is 28 Bay Street, a two storey dwelling house. The ground level of 28 Bay Street is approximately 4 metres above the level of the site. Adjoining the site to the northwest is 78 Dudley Street, a two storey multi unit housing development. To the east of the site across Brook Street is a four storey multi unit housing development (137 Brook Street). A heritage item exists at 152 Brook Street (on the corner with Dudley Street) approximately 70 metres to the north of the subject site.

 

4.       SITE HISTORY

 

Council’s records indicate there are no relevant development applications relating to the subject site. The application was originally lodged on 21 January 2004. As a result of a preliminary assessment, Council sent a letter of issues to the applicant on 7 April 2004. In response the applicant lodged amended plans on the 25th of June. These were notified to surrounding properties on 2 July 2004, concluding on the 16th July.

 

After consultation and discussions with the applicant about the possibility of a deferred commencement approval subject to conditions reducing the height of the proposal and reducing the size of terraces, the applicant requested that determination be delayed. This was agreed, subject to any new plans or changes to the draft conditions being re-notified to the primary objector (Mr A Green at 28 Bay Street). The applicant informally submitted amended plans in October 2004 to address the impacts that prompted the draft deferred commencement conditions. As per the earlier agreement with the primary objector, these plans were shown to the objector on site to allow an opportunity for further comment.  The objector provided a formal response to the preliminary amended plans and still raised objection to the scale, bulk, height and design of the proposal. Council also received objections from the new owners of the adjoining multi unit development at 162 Brook Street.

 

Despite neighbours still objecting to the proposal the applicant decided to formally lodge the amended plans on 21 January 2005 since they felt the amended plans produced a better outcome than the original concept. The plans were renotified for a period of 14 days.

 

5.       COMMUNITY CONSULTATION:

 

The original proposal has been notified and  advertised in accordance with Council’s DCP for Public Notification of Development Proposals and Council Plans on 11 February 2004. The following submissions were received:

 

5.1     Objections

 

1.       J McCoy, 158 Brook Street, Coogee

 

·        Requests existing rear garden boundary fence on the northern boundary be reinstated in timber, block or brickwork to approximately 2 metres above existing garden level of 158 Brook Street for privacy and security.

·        Requests that planter box on Level 2 to northern boundary be lowered to RL 52.00 to preserve internal lighting levels as much as possible to 158 Brook Street.

·        Requests that on the northern boundary the existing side passage boundary fence, leading to the front garden, be reinstated in timber brick or rendered block to approximately 1.6m above the proposed new planter box to Level 1, for security and privacy. Length of fencing to be determined on site.

·        Works above are to be undertaken at the expense of the owner 160 Brook Street.

 

2.       A & I Green, 28 Bay Street, Coogee

 

·        Building is 500mm higher than ridge of existing dwelling and extends or 75% of the width of the site, resulting in significant view loss.

·        Main body of the garage has internal height of 3.6 metres, should be lowered to maintain the amenity of 28 Bay Street.

·        Void to the rear of the ground floor plan results in elevation of the rear portion of the building, resulting in loss of views.

·        Void location and height could result in additional floor area to Unit 1 (approx 40m2). A similar approach was taken with the adjoining development.

·        Increased traffic and population density as a cumulative result of redevelopment in the area.

·        4.145 metre setback from the rear boundary reduces open space and separation between the properties and results in loss of amenity.

·        Heritage impact of removing an example of an early seaside residential building.

·        FSR is 0.85:1, even though the argument that this area is below ground is made, the proposal does not meet the intention of Council’s code. The requested floor space on this particular site is the main contributing factor to the loss of amenity.

·        Clarification of SEE, which states balcony of 28 Bay Street overlooks the subject site, when in fact is overlooks the ocean and is primary view from this property.

·        Suggests amendments including removal of void, Unit 1 be reduced to 2 bedroom and that the 3 storey bedroom wing be lowered to the height of the secondary ridge of the existing building (i.e. 1.7 metres lower than currently proposed.)

 

The applicant lodged amended plans on 25 June 2004, showing changes to ancillary elements of the proposal such as fencing. These plans were renotified to residents who made a submission in response to the original notification period. In response to this notification, the following submission was received:

 

1.       Sunspot Design P/L, 18 Spencer Street, Summer Hill (on behalf of A & I Green, 28 Bay Street, Coogee)

 

·        View loss diagrams show a substantial reduction in the primary view amenity of 28 Bay Street and impact of the proposal is largely due to bulk and scale and proximity to common boundary with 28 Bay Street. The development will present a looming mass when viewed from 28 Bay Street.

·        View analysis diagrams use recessive green to illustrate the proposal and red to indicate existing buildings on the site to reduce the apparent impact of the proposal on views.

·        Building bulk as a result of the full storey split between living and bedroom areas of each unit. Lowering of the rear part of the building will allow amenity to be maintained to 28 Bay Street. Applicant expresses concern at the engineering involved to lower the building, while at the same time provides for a two storey garage and void structure.

 

As previously stated, the applicant requested that determination of the application under delegation be withheld until amendments to address the concerns of Council and the adjoining property at 28 Bay Street Coogee could be considered. These informal plans were discussed with Mr A. Green of 28 Bay Street. Several owners from the new development at 162 Brook Street also became aware of the proposal at this time. Although there was no formal notification period, the following submissions were received:

 

1.       G Dowle & J Shepherd, 4/162 Brook Street, Coogee

 

·        Moved into home on 27 July 2004 and were not notified in 2003 of the DA – submission is lodged in the knowledge that the official time for objections has now closed.

·        Overdevelopment of the site – due to narrow block

·        Streetscape of the building is unattractive, blocky and harsh and does not sympathise with the appearance of the surrounding properties

·        Height of the building and setbacks are insufficient to prevent significant overshadowing of 162 Brook Street residents.

·        Loss of views will be very significant - up to 100% from 4/162 Brook Street

·        Exposed stairway on southern side of building will cause noise pollution and light nuisance.

·        The kitchen windows of the proposed development directly overlook the living areas of 162 Brook Street. The stairwell looks directly into the bedrooms of Units 2 & 4.

·        Damage to 162 Brook Street as a result of excavation and construction at 160 Brook Street.

·        Concern that vertical piles driven into the sandy soil could cut through the horizontal steel anchors inserted to stabilise 162 Brook Street.

·        Living room of 3/160 Brook should be brought back 3 metres from the present line and the terrace of Unit 3 should be brought back 3 metres.

 

2.       A & L Petroni, 1/162 Brook Street, Coogee

 

·        The building is square, block-like and is ugly, harsh and will dominate the outlook.

·        FSR is high.

·        Stepped setback look will impact on 162 Brook Street and look much better.

·        Loss of privacy.

·        Overshadowing.

·        Lights from the stairwell.

·        Noise from stairwell and lift lobby doors.

·        Extremely large unattractive western red cedar south side cladding.

·        Possible steel reinforcement damage to 162 foundations.

·        Possible subsidence due to excavation required for basement.

 

3.       G. Dowle & J. Shepherd, 4/162 Brook Street, Coogee

 

·        Letter to Cllrs Matson, Notley-Smith and Sullivan regarding notification period.

·        Notes that Director of Avante Developments (the developer) has advised that he did not receive a letter from Council notifying him of the  DA at 162 Brook Street.

 

Comment: Council’s records indicate that a letter was posted to Avante Developments on 11 February 2004.

 

·        Request that Council consider the objections raised despite the closure of submissions on 25 February 2004.

 

Comment: Submissions have been included in this report

 

4.       I & A Green, 28 Bay Street, Coogee

 

·        Out of character with the environment of the area.

·        Extensive non-compliance with rules in planning guides such as FSR, setbacks, privacy and solar access.

·        Bulk and overshadowing of the development for a comparatively small site.

·        Bulk is visible from the street but from every side of the development. It is too close to the rear boundary.

·        In our opinion the site is too small, both in terms of square metres and in width (being only 12.19 metres wide).

·        Planners arguments in SEE that 162 Brook was approved therefore 160 Brook should also be approved is incorrect as there are different conditions on each of the sites.

·        Submits Council was misled with regard to 162 Brook Street and would not approved it.

·        Garage height at 3.6 metres is excessive and unnecessary and should be reduced to reduce overall height. Internal garage height of 2.1m is demonstrated by 162 Brook Street.

·        Ceiling heights should be lowered to reduce overall height, despite compliance with the statutory height standards.

·        Bulk and boxy appearance on the site.

·        Void to the back of the garage will result in additional floor area at a later time as happened on 162 Brook Street.

·        Excessive bulk.

·        Insufficient rear setback – setback requirements should be met as shown in the informally lodged amendments.

·        View loss diagrams have intentionally been prepared to mislead.

 

On 21 January 2005 formally amended plans were lodged and renotified for 14 days to adjoining properties. The following objections were received:

 

1.       I &  A Green, 28 Bay Street Coogee

 

·        Council Officers deferred commencement condition in relation to reducing the height has been ignored in the amended plans.

·        Proposal is out of keeping with the surrounds.

·        Modifications are improvements but do not address the fundamental issues being the height and overall bulk of the development.

·        The proposal is too bulky.

·        The height of the development at the rear has not changed.

·        The height of the garage and associated void space is considered to be excessive.

 

2.       G Dowle & J Shepard

 

·        The proposal is an overdevelopment of the site.

·        The proposal is uncharacteristic and unsympathetic in the streetscape.

·        The wooden panelling proposed along the southern elevation will be unattractive.

·        The building is too high.

·        Loss of views.

·        Overshadowing.

·        Exposed staircase along the southern side will generate noise.

·        Piles and steel anchors during the excavation process would damage No.162.

·        Suggested changes are to set the living room wall of Unit 3 a further 3m from the front to be in line with Unit No.2  and the terrace of Unit No.3 be also setback further from the front. Also for Council to restrict the wattage of the exterior lighting to reduce light spillage.

 

The issues raised by residents with regard to amenity impacts of the development have been discussed in section 9 of this report and subject to compliance with the conditions of consent, the proposal will not result in significant amenity or streetscape impacts.

 

 

 

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Director, Assets and Infrastructure Services

 

The Director of Assets and Infrastructure has provided the following comments in relation to the subject application:

 

An application has been received for construction of a residential flat building at the above site containing 3 x 3 bedroom units with basement carparking for 7 vehicles with associated strata subdivision.

 

Landscape Comments

There is one Phoenix canariensis (Canary Island Date Palm) of approximately 4 metres in height growing in the front yard of the adjacent property to the north, 158 Brook Street. This palm is covered by Council’s Tree Preservation Order and appears in reasonable health with several fronds overhanging the common property boundary. This palm is to be retained as has been shown on the plans provided, however, minimal pruning of overhanging fronds may be required. Approval is granted for the selective pruning to the common property boundary of this palm.

 

There is a clump of three (3) Howea fosteriana (Kentia Palms) near the northwest corner of the existing dwelling, near the common property boundary. The clump is approximately 4 metres in height, is covered by Council’s Tree Preservation Order, and appears in good condition. This clump is to be protected and retained as has been shown on the plans provided. The plans show a proposed elevated planter running along the northern side of the rear yard, which is to incorporate these palms. A discussion on 6th February 2004 with the Landscape Architect from Peter Glass and Associates responsible for the design, confirmed that the palms were to be left in their current location, and would not need to be transplanted as would appear to be suggested on the plans provided. As such, these palms are to be retained in their current position, with the design to be submitted for the construction certificate application to be altered to reflect this requirement.

 

There are two Howea fosteriana (Kentia Palms) immediately to the south of the clump described above. They are approximately 3 metres tall, are covered by Council’s Tree Preservation Order, and appear in reasonable condition. They are shown as being removed on the plans provided, and since they are not considered significant, approval is granted for their removal.

 

There is an additional two (2) Howea fosteriana (Kentia Palm’s) in the northwest corner of the rear yard. They are approximately 2 metres in height, appear in reasonable condition and are covered by Council’s Tree Preservation Order. These palms are to be retained as has been shown on the plans.

 

Drainage Comments

On site stormwater detention is required for this development.

 

 

Traffic Comments

The EPCD Dept is advised that there appears to be turning difficulties for vehicle spaces r5 & r6 to enter & exit the site in a forward direction taking into consideration of the location of the reversing bay provided for the development. The EPCD Dept may consider having the applicant locate any reverse bay adjacent/near parking spaces r5 & r6.

 

Conditions of consent proposed by AIS, have been included in the recommendation (see Conditions 67-115). The applicant has advised that the reversing bay meets the Australian Standards and as such further modifications to the basement layout have not been enforced.

 

6.2     Manager, Environmental Health and Building

 

The Manager, Environmental Health and Building has provided the following comments in relation to the subject application:

 

Building Services comments

 

The Proposal

 

The proposal provides for the demolition of the existing dwelling and the erection of a 3 storey residential multi unit housing building, with basement level car park.

 

BCA Building Classification

 

§  Class 2-  Residential units

§  Class 7a-            Car park

 

Background

 

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

 

Key Issues

 

Site Management:

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

 

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

 

Building Code of Australia (BCA):

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

RECOMMENDATION:

 

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

 

Conditions of consent proposed by the Manager, Environmental Health and Building have been included in the recommendation (see Conditions 31-66).

 

7.       MASTER PLANNING REQUIREMENTS

 

As the site is less than 4,000m2 in area, there are no master planning requirements for the site.

 

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 (RLEP)

-        State Environmental Planning Policy 1 – Development Standards (SEPP 1)

-        Draft State Environmental Planning Policy (Application of Development Standards)

-        State Environmental Planning Policy 55 – Remediation of Land (SEPP 55)

-        Environmental Planning and Assessment Act 1979 as amended (EP&A Act)

-        Building Code of Australia (BCA)

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2(c) under Randwick Local Environmental Plan 1998 (RLEP) and the proposed activity is permissible with Council’s consent. The following clauses of the RLEP 1998 have been considered during the assessment of the proposal:

 

CLAUSE

Requirement

Provided

Compliance

21 – Subdivision

Only with Council approval

Draft strata plans provided

Yes

31 (2)– Landscape Area

50% of site area

(248.3m2)

50%

(249.25m2)

Yes

31 (3)- Landscaped Area over basements (maximum)

Not to exceed 50% of landscaped area requirement

(25% of site area)

(124.15m2)

50%

(124.15m2 over basement)

Yes

32 (1) – FSR

0.65:1

(322.79m2)

0.88:1

(438.95m2)

No1

33 (1)– Building Height

12m

10m

Yes

33 (3)- External Wall Height

10m

10m

Yes

46 – Development in the vicinity of Heritage Item or Conservation Area

Must consider impact on heritage of surrounding items.

Will not detract from setting of nearby items. See discussion below.

Yes

 

Clause 21 - Subdivision

 

Draft strata plans were submitted with the application and are considered to be satisfactory.

 

Clause 46 – Development in the vicinity of heritage items

 

The proposal has a bulk and scale that is consistent with surrounding developments and medium scale residential uses in Brook Street. The value of the heritage item ‘Brooklyn Flats’ at 152 Brook Street will not be significantly affected by the development as the site is not within the immediate visual catchment of the heritage item. The proposal respects the existing character in this part of Brook Street where development is significantly elevated above street level garages. The proposal is satisfactory with regard to heritage items in its vicinity.

 

(b)     SEPP 1 – Development Standards

 

An objection under SEPP 1 has been lodged to support non-compliances with Council’s FSR as set by clause 32(2) of the LEP 1998. The SEPP 1 objections are discussed in detail in section 9.2 of this report.

 

(c)     Draft SEPP (Application of Development Standards) 2004

 

This Draft SEPP seeks to replace the provisions of SEPP 1 and has been publicly exhibited (concluding on 18 June 2004). The new SEPP will introduce more onerous ‘tests’ when assessing whether flexibility of a planning standard is 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 consideration of the Draft SEPP is therefore not required. 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 9.2 of this report.

 

(d)     SEPP 55 – Remediation of Land

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites for residential uses would substantially reduce the possibility of contamination.

It is considered reasonable to assume that the site would not be contaminated, or in need of remediation pursuant to SEPP 55 and that the site is suitable for continued residential use.

 

8.1     Policy Controls

 

The following Council policy controls apply to the proposed development.

 

§   Multi Unit Housing DCP, 2000

§   DCP – Parking 1998

§   Section 94 Contributions Plan, 1999

§   Rainwater Tanks Policy, 2003

 

a)      Multi Unit Housing Development Control Plan

 

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets  Performance Requirements or Preferred Solutions.)

Site Planning

P1  Development applications accompanied by Site Analysis Plan.

 

Complies

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

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

Site is generally regular shaped, frontage is less than 20m but is considered suitable for development

P3  Development on corner sites responds to both street frontages.

 

N/A

Height

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

 

Complies

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

 

Complies

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Complies

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

Does not comply

South Side

Average 2.38 to 2.89 metres Minimum setback of 1.5 metres.

North Side

Average 2.8 to 5.5 metres Minimum setback of 1.5 metres.

Refer to discussion below

P3  Rear Boundary Setbacks

Ensure that:

§ solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

Complies

Average of 8metres

Minimum setback of  6 metres

Refer to discussion below

Density

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

 

Complies

Fences

P1  Fences to be/have: 

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

Does not comply

Character of the street is dominated by high walls.

The amended plans address this issue by reducing the height and scale of the front wall. Further discussion below.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1  Minimum for landscaped area 2 metres.

Complies

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

 

Complies

P3  Private Open Space

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

 

Complies

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

 

Complies

P6  Flats and apartments

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

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

Complies

Privacy

P1  Visual Privacy

Windows and balconies of main living areas are located to avoid overlooking windows in adjoining dwellings and private open space.

S1  Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

Complies

P2  Private open space design and location ensure privacy.

 

Complies

P3  Acoustic Privacy

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

 

Complies

P4  Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

Conditioned to comply

View Sharing

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

 

Complies

P2  Development minimises effects on views and shows how view loss is minimised.

 

Complies

P3  Buildings are aligned to maximise view corridors between buildings.

 

Complies

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Complies

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

 

Complies

P1.2  Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

Complies

P1.3  Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

Complies

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

S4  75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars. The NatHERS rating for each dwelling (on a typical unit basis) is provided with the application.

Complies

P5  Buildings have roofs with pitch suitable for solar collectors.

S5  Adequate area of roof between 45 degrees east and 45 degrees west or north, and a slope between 15 and 55 degrees to the horizontal for installation of solar collectors.

Complies

Safety and Security

P1  Design allows surveillance.

 

Complies

P2  Approaches and entries are visible.

 

Complies

P3  High walls and structures avoided.

 

Conditioned to comply

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

Total:

 

 

 

 

 

 

4.5 spaces (3 Units)

1 space

6 spaces

Complies

 

 

 

 

 

6 spaces

1 space

7 spaces

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

 

Complies

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

 

N/A

P3  Secure storage for bicycles is provided.

 

Complies

1 space provided

Driveways and Manoeuvring Areas

P1  Areas of driveways and manoeuvring are minimised.

 

Complies

P2  Vehicles enter/ leave in a forward direction.

S2  Vehicles enter with a single turn and leave in no more than 2 turns.

Complies

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

S3  Long driveways provide passing bays.

N/A

P4  Space between boundaries and driveways, access ways and parking spaces enables landscaping and planting.

S4  Driveways have a minimum width of 3 metres and be at least 1 metre from any side or rear fence.

Complies

Driveway is 4.5 metres wide but is located on the boundary. Does not comply but due to existing streetscape pattern in the street this is not considered significant

P5  Materials and finishes are consistent.

S5  Large expanses of uncoloured concrete avoided.

Complies

P6  Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

Complies

Storage

P1  Accessible and separate storage for each dwelling.

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

Complies

Barrier-Free Access

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

 

 

 

 

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

Complies

Lift access from basement to upper floors

Utilities/Site Facilities

P1  Mailboxes provided in accordance with Australia Post.

 

Complies

P7  Internal laundry to each dwelling, communal clothes drying made available and screened from the street.

 

Complies

Waste Minimisation and Management

P2  Waste storage to be provided in a centralised position that has easy access for moving bins to the street for collection.

 

Complies

P3  The location and design of waste facilities does not visually detract from the development or the streetscape.

S3  Waste facilities not to be located between the front building alignment and the road.

Complies

 

b)       Development Control Plan Parking (DCP Parking), 1998

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

 

 

Car Parking

a)   number

 

 

 

 

 

 

 

 

 

 

 

 

b) layout

 

 

 

c) Bicycle Storage

 

 

1.5 spaces required for each three bedroom dwelling (3 x 1.5 = 4.5 spaces)

 

1space/4 dwgs or part thereof for visitors (1 space required)

 

TOTAL SPACES REQUIRED = 6

 

 

As per DCP

 

 

 

1 space per 3 units plus 1 visitor space per 10 units

(4 bike spaces)

 

6 spaces

 

 

 

 

 

1 spaces

 

 

 

 

7 spaces

 

 

Inadequate reversing bay required.

 

 

1 space provided

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

No, complies with the Australian Standard

 

Yes

 

As indicated above, the proposal complies with the number of resident, visitor and bicycle spaces required for a development of this size.

 

c)       Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan. The applicant claims that the site is currently used as a duplex. Council’s records do not reveal any approvals for such a use, however the property has been rated as multi-unit housing. As such, it is considered that one additional dwelling is proposed and the assessment of section 94 contributions has been made on this basis. As a result of this assessment, a condition of consent has been proposed requiring the payment of monetary contributions relating to open space, community facilities and administration charges totalling $4,365.00. This amount must be paid prior to the issuing of any Construction Certificate (see Condition 30).

 

d)      Rainwater Tanks Policy, 2003

 

A condition requiring the installation of a rainwater tank in accordance with Council’s Rainwater Tanks Policy has been included in the recommendation section of this report (Condition 29).

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Height

 

The development has a maximum overall and external wall height of 10 metres complies with the respective statutory standards under RLEP98 of 12 and 10 metres.

 

The objective of Council’s overall and wall height standards are 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.

 

Despite compliance with Council’s height standards the rear of the building will increase the maximum height on the site from the existing situation by 570mm and replace a pitched roof with a flat roof form. The original proposal didn’t comply with the rear setback requirement and this created a very bulky building when viewed from the rear. The amended proposal now complies with the minimum and average rear setback requirements providing more space at the rear between properties and hence reducing the visual bulk of the proposal to some degree.

 

The proposal utilises a split level form and raises the rear portion of the building up so that its ground level approximates the existing site level. No access to the external areas of the building is provided from this wing and the only windows provided are highlight windows. In these circumstances, the elevation of the rear portion of the building so that there is a full storey (approximately 3.0 metres) difference between the lower and upper level of each of the units is considered to be extravagant at the expense of the amenity of the dwelling at 28 Bay Street. This issue was raised with the applicant, however no action to lower the building was taken. The applicant provided view analysis diagrams which indicated no significant view loss as a result of the proposal but also indicated that some improvement could be gained for the amenity of residents at 28 Bay Street if the rear portion of the building were to be lowered. The amended plans are not seeking to reduce the overall height of the development since the applicant is arguing that the development complies with the minimum height requirements. The large void space which is above the garage space is questionable in its contribution to the built form by adding height and it has been suggested to the applicant to reduce this section and therefore the overall height would be reduced as well. The applicant has argued that due to the slope of the land and varying topography from the west to east and north to south that lowering the building by removing or reducing the internal void space will create a canyon effect to the rear by having the lowest unit sited below natural ground level and some of the courtyard area at the rear will also be partially below ground creating poor amenity. This, to some degree, is a fair comment in that these properties, including No. 162 Brook Street, are sited at a much lower level than the properties along Bay Street which overlook the rear of the properties, and have substantial retaining walls which compromises the use and enjoyment of the rear yards, and further lowering the building at the back will reduce light into the rear areas at the ground floor level. The proposed increase in the rear setback has contributed to the improvement in the separation between properties, and should provide an improved level of amenity.

 

9.2     Density

 

The FSR of the proposal is 0.88:1 (438.95m2) and exceeds that permissible under clause 32(1) of the RLEP 98 for a development on the site, being 0.65:1 (322.79m2) by 116.16m2. This calculation includes the void area to the rear of the ground floor level. The applicant submitted an objection under State Environmental Planning Policy No.1 - Development Standards in relation to non-compliance of the scheme and has argued that strict compliance with clause 32 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

·        Approximately 62.5m2 of the non-compliance is located below the level of the ground and therefore does not create any additional impacts in terms of heights, bulk, overshadowing or general overbearing impacts.

·        Notwithstanding this non-compliance with the maximum 0.65:1 FSR control, the building, in terms of its height, size, bulk and scale is consistent with that of a number of recent developments in the vicinity.

·        It is noted that the proposed building has a ridge which is only marginally (0.6m) higher than the existing two storey building located on the site. In addition, the building represents an appropriate visual transition between the large multi-unit housing building to the south (162) and the two storey building to the north.

·        In addition the development is wholly compliant with the wall and ridge height controls applying to the site.

The objective of the floor space ratio (FSR) standard is to establish a reasonable upper limit for development in residential 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. An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc.

 

The building is considered to be generally in keeping with the context of surrounding development. The large houses and duplexes currently on surrounding sites have a similar bulk and setback from the side boundaries. The building is well articulated in form and materials. The development benefits from the slope of the land and the elevation of the site from the street which reduces the visibility of buildings from the street and consequently reduces visual bulk impacts on the streetscape.

 

The development will not result in significant overshadowing, view loss or privacy impacts to surrounding properties and provides more parking than is required under Council’s DCP. Compliance with the height standard has also reduced impacts and indicates that the proposal is not an overdevelopment of the site.

 

The non-compliance with the floor space ratio standard contained in clause 32 of the Randwick LEP will not result in significant impacts on adjoining development and therefore strict compliance is unnecessary in the circumstances of the case. It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity, height, landscaping and parking. It is considered that SEPP 1 objection is well founded and should be supported.

 

9.3     Desired Future Character

 

The site is considered to be in a Type 7 – Mixed Building Type Area under Part 2 of the Randwick Multi-Unit Housing DCP. The site is located amongst a variety of development types including 3-4 storey 1960-80s walk-up flats and 2-3 storey freestanding dwelling houses and residential flat buildings. The development is of a scale that is the same or less than nearby residential flat buildings, and although the development is larger than the adjoining duplex and existing development on the site, its scale has been reduced through articulation and variety of materials. The built form has been designed to reduce the visual impact of the development and will make a positive contribution to the mixed character of this changing area.

 

9.4     Building Setbacks

 

The setback of the building to Brook Street is 6 metres. Council’s Multi Unit Housing DCP stipulates that front boundary setbacks are to be consistent with the dominant setback along the street and desired character of the streetscape. The approved and existing buildings to the south at 162 and 164 Brook Street are both setback 6 metres. The adjoining building to the north is setback 12 metres. The existing building on the site is also setback 12 metres, however these two buildings are the anomalies in this part of the street, with the remainder of buildings being setback 6-6.6 metres.

The development is setback an average of 8 metres from the western (rear) boundary with a minimum setback of 6 metres. Any potential for overlooking has been addressed and minimised due to the change in level (4 metres) between the site and adjoining properties to the rear (28 Bay Street), and the minimal windows provided to the western elevation. The area of the rear setback is deep soil and can be soft landscape to provide additional screening and outlook for the subject site and surrounding properties.

 

The average setback to the southern side ranges from 2.38 to 2.89 metres with a minimum setback of 1.5 metres. The average setback to the northern side ranges from 2.8 to 5.5 metres with a minimum setback of 1.5 metres. These setbacks do not meet Council’s preferred solution of a minimum average setback of 5 metres with a minimum setback of 3.5 metres. Despite non-compliance with Council’s preferred solution, the proposal will not have a significant impact in terms of overshadowing or bulk and scale when viewed from the street. The extensive areas of roof terrace and their proximity to boundaries (particularly on the northern side) does raise privacy concerns and appropriate conditions of consent have been included to minimise impacts. The proposed setbacks are consistent with those approved on the adjoining site and the lesser setbacks of existing older style development in the area. Subject to compliance with conditions of consent the setbacks provided are considered to be satisfactory.

 

The development generally meets the requirements for articulation to all elevations, providing modulation of all wall surfaces and minimising flat areas of façade to less than ten (10) metres in length. A minor non compliance occurs on the northern and southern elevations of the rear building where the flat area of façade is extended to 12.5 metres, however windows, privacy screening and balconies do provide some articulation and give some relief to the facade. The development is satisfactory with regard to the building setback requirements of Council’s Multi-Unit Housing DCP.

 

9.5     Fences

 

Fencing to Brooks Street will be formed by the carpark wall 2.5-4.3 metres in height, the northern end of the site ‘dips’ resulting in the additional maximum height (to 4.3 metres). High front walls are a feature of the western side of Brook Street. The adjoining wall to 162 Brook Street rises to a maximum of 3.5 metres. The original design of the wall was bland and its main feature is the entrance to the carparking. This is not ideal in terms of streetscape and as such the proposal was amended to reduce the height of the front wall and incorporate a planter box to soften the appearance. This is considered to improve the streetscape view.

 

Boundary fencing ranging in height from 1.8-3.0 is proposed to the northern side. The additional fence height was requested by the adjoining neighbour to maintain privacy.

 

Southern side boundary fencing has not been indicated, however a condition of consent clarifying the height of this fencing has been proposed (see condition 9). Details of rear boundary fencing has not been included, however the existing retaining wall structure has been indicated Condition 9 also limits the height of any fencing to the rear boundary.

 

The development is considered satisfactory with regard to fencing.

 

 

9.6     Landscaping and Private Open Space

 

The development provides 50% (249.25m2) of the site area as landscaping. This complies with the statutory requirement under clause 31(2) of the RLEP98 of 50% (698.9m2). 50% (124.15m2) of the landscaping occurs over basement areas, which meets the requirement under clause 31(3) of the LEP, limiting landscaping over basements to less than 50% of the required landscaping.

 

The objective of the landscaping standards is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes. The landscape plan lodged with the application indicates shrubs and trees ranging from 1.2 metre to 8 metres in height.

 

All units have access to some private open space and the site is proposed to be well landscaped with deep soil areas and planter boxes to provide outlook and amenity to residents and the street. The landscaping plan provides a concentrated area of deep soil planting to the rear of the site which balances the large hardstand areas to the front of the site.

 

It is considered that planter boxes could be further used to achieve greater separation between the subject site and adjoining properties. Conditions of consent have been included to increase the size of planter boxes on some terraces.

 

Council’s Landscape Officer has noted several trees on adjoining sites that are to be protected during the works. Appropriate conditions have been proposed in the recommendation (see Conditions 102-115).

 

The proposal, subject to compliance with conditions of consent, meets Council’s objectives for landscaping.

 

9.7     Privacy

 

Windows to living areas are located to the front and rear of the site wherever possible. At lower levels the large terrace areas to the northern (side) and eastern (front) edges of the site are unlikely to result in significant privacy impacts due to the floor levels of the proposal and the adjoining property to the north being offset from one another. At upper levels, concern is raised with the size of terraces and their elevation, which will result in reduced amenity for the adjoining properties to the north and south. To alleviate these impacts, the amended plans have incorporated planter boxes along the northern side of the main large terraces (to Unit 3) on both levels. The terrace to the bedroom areas of this unit is considered to be excessive and is approximately 15m long by 3m wide (excluding the planter boxes along the south and northern sides). It is recommended by way of a condition that the first 4 metres from the front shall become roof area that is non-trafficable. This will remove the additional height contributed by planter boxes, plants and any balustrades. The terrace would still be forward of the adjoining property at No.158 and therefore retain the extensive northern views but would allow for improved amenity for the balconies and units at No.162 Brook Street which would have less obstructive features.

 

The balconies to the bedrooms of Units 2 and 3 are requested to be deleted (by way of a condition) to minimise privacy impacts Compliance with these conditions will also improve amenity of the bedrooms as in the plans submitted to Council the only opportunity for light and ventilation to these rooms is through a single doorway.

 

The design has few windows in the southern elevation which has minimised overlooking of the development at 162 Brook Street. Screening is shown to the southern side of the terrace at Level 1 of the development. Of some concern with regard to privacy is the external stair on the southern elevation. A condition of consent will require this stair be enclosed to minimise noise and light nuisance from the stair and provide greater amenity to the units within the development. Operable glazing is to be provided to the eastern elevation of the stair to maximise natural light and ventilation without causing disturbance to residents at 162 Brook Street.

 

Despite the proximity of the development to the rear (western) boundary, the change in level between the subject site and properties to the rear has minimised impacts. The rear boundary of the site adjoins side boundaries of properties in Bay and Dudley Streets and this also minimises privacy conflicts between dwellings. In addition, the design includes limited windows (to bathrooms) on the western wall and provides screening.

 

The proposal is satisfactory with regard to privacy, subject to compliance with conditions of consent.

 

9.8     View Sharing

 

Expansive ocean, coastline and district views are enjoyed from 28 Bay Street to the rear (west) of the site from living areas and an external balcony. Due to its elevation and orientation the dwelling at 28 Bay Street will not be significantly affected by the proposal as indicated in the applicant’s view loss diagrams. In addition, account has been taken of the cumulative effect this proposal would have considering the extent to which the adjoining development at 162 Brook Street has removed outlook opportunities (refer to photos below).

 

 

 

 

 

 

 

 

 


Above: Existing views from 28 Bay Street looking over the subject site and towards the new development at 162 Brook Street.

 

The owners of 28 Bay Street have also raised concern with the impact as a result of the garage which they consider to be excessively high at 3.5 metres. While this area is higher than would normally be required for a garage, the additional height affects the front of the building and not the upper level to the rear. The front of the building will be lower than the ridge of the existing dwelling on the site and therefore will not result in significant impacts on the views from 28 Bay Street. As such reduction of the garage height to effect a reduction in the front parapet height of the building is not considered necessary.

New residents at 162 Bay Street have also raised concerns with regard to view loss. The proposal at 160 Bay Street is on the low side of this site and the front wall of the building (eastern wall) is setback so that it is in line or behind the eastern wall of 162 Brook Street. The main view aspect from sites in Brook Street is to the northeast. The design of the proposal has maximised the opportunities for northeasterly views from the new dwellings at 162 Brook Street. Views from living areas of these dwellings will not be significantly affected by the proposal. A condition requesting the reduction in the terrace to Unit No. 3 on Level 3 should open up some more views.

 

Also due to existing development on the subject site, views from bedrooms and terraces at the rear of dwellings on Ground, 1st and 2nd floor level at 162 Brook Street will not be significantly affected as existing development would already largely obscure views from these areas. Areas towards the rear of dwellings at the 3rd floor level may be affected by the proposal, however as these rooms are secondary living areas such as bedrooms and the common boundary between 160 and 162 Brook Street is a side boundary retention of views from these areas is not considered to be reasonably achievable. Recent court judgements have considered where views are achieved from an determined that views across side boundaries are generally harder to retain than views across front or rear boundaries. The 4th floor level of 162 Brook Street is high enough to retain views across the subject site and the large terrace to the east of the top floor assists in maintaining these views. The proposal meets the statutory standard for height and increases to side setbacks would not alleviate the potential for view loss.  Overall, the proposal is consistent with the principle of view sharing.

 

9.9     Solar Access and Energy Efficiency

 

The orientation of the site results in shadows cast moving significantly throughout the day. The proposal will result in additional shadow being cast on the subject site and new building at 162 Brook Street during midwinter mornings. At 12pm shadow is cast on the rear yard of 162 Brook Street. By 3pm the shadow has moved to the Brook Street roadway. The proposal meets Council’s preferred solutions for solar access under the DCP.

 

The applicant has submitted a NatHERS report for the proposal, which indicates that the new dwellings achieve a rating of 3.5 stars. This rating meets the minimum (3.5 stars) applied to residential development by Council. Condition 29 requires the installation of a rainwater tank in accordance with Council’s Rainwater Tanks Policy. Standard conditions have also been applied to ensure the proposal minimises water and energy use.

 

The proposal, subject to conditions, is satisfactory with regard to ESD principles.

 

9.10   Safety and Security

 

The proposal provides for pedestrian access from Brook Street with a security gate at the street. A condition of consent requiring a secured front gate, secured access to the parking and intercom system be provided has been included in the recommendation (see Conditions 10 and 11).

 

Large windows and terraces are proposed to Brook Street that will allow surveillance of the street and give the impression that the street is overlooked by this elevated site.

The proposal, subject to conditions, is satisfactory with regard to safety and surveillance.

 

9.11   Traffic and Parking

 

The development meets Council’s requirements with regard to provision of bicycle, resident and visitor car parking. The applicant has indicated that the proposal meets the Australian Standards with regard to the reversing bay arrangement and blind aisles.

 

The development is considered satisfactory with regard to parking provision.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposed building is appropriate on the site given the desired future character of the area, the objectives and standards contained within the RLEP98 and the provisions of the Multi Unit Housing DCP. The development proposes a building envelope, height and façade treatment that generally meet the criteria and fulfil these objectives.

 

The proposal subject conditions will not have a significant impact on surrounding properties and the non-compliances with policy controls will not exacerbate impacts. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 32 (2) 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 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. 33/2004 for demolition of existing building and construction of new four storey residential flat building with basement parking at 160 Brook Street, Coogee, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the architectural plans numbered Issue F of Job No. 0313 and drawing numbers DA01, DA07 and DA09 and Issue G of drawing numbers DA02-DA06 and DA 08 drawn by Geoform Design and stamped received by Council on 25 June 2004 (one set stamped received 13 July 2004), the landscape plan numbered Job No. 3096 and drawing numbers 3096-01 drawn by Peter Glass & Associates dated 11/11/2003 and stamped received by Council on 21 January 2004, the sample board titled “finishes for louis mavridis@160 brook street coogee” by Geoform design and stamped received by Council on 21 January 2004, and as amended by the plans received by Council and stamped dated 21 January 2005, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

2.       The north facing balconies to the bedrooms of Unit 2 and Unit 3 are to be deleted in favour of operable windows with a minimum sill height of 1.2 metres. Corner bedrooms are to be provided with an operable window on the western elevation to facilitate cross ventilation. This condition is imposed to ensure the amenity of the units and privacy of adjoining properties.

 

3.       The terrace to Unit No.3 (above the living area) on the third floor level shall be reduced in size and cut back by 4m from the front (east) to reduce the bulk and scale of the terrace and its associated structures namely the planter boxes which will add height and bulk. This area shall be converted to a non-trafficable roof with a maximum parapet height of 300mm along the east, south and northern side. The proposed balustrade shall be glass.

 

4.       A 1m wide by 4m long planter box shall be incorporated along the northern side of the terrace of Unit 2 on level 1 adjacent to the kitchen and sitting room to reduce overlooking to No.158 Brook Street and provide improved separation at this level.

 

5.       All proposed planter boxes on the terraces shall be solid and have a maximum height of 1m by 1m to ensure that plants can be incorporated that will provide adequate screening.

 

6.       All balustrades to terraces and balconies where there are no planter boxes shall be constructed of clear glass to provide openness and lightness to the building.

 

7.       The external stair on the southern elevation of the building is to be enclosed and is to be designed so that natural light and ventilation is achieved without resulting in lightspill to the adjacent property at 162 Brook Street. This condition is imposed to improve the amenity of the units and protect the privacy of adjoining properties.

 

8.       All external lighting shall be designed to minimise light spillage to immediately adjoining properties.

 

9.       Fences located on the southern side or rear boundaries of the premises shall not exceed a maximum height of 1.8 metres. Where ground levels differ across the boundary the fencing is not to exceed a maximum of 2.1 metres in height measured from the lowest adjoining ground level to maintain reasonable levels of amenity to the adjoining premises.

 

10.     A roller door or gate is to be provided to the carparking to maintain security to the carparking area. Public access to the visitors’ carparking spaces is to be maintained at all times and this is to be achieved by the installation of a suitable intercom system adjacent to the carpark entry.

 

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

 

11.     An intercom is to be provided to secure the pedestrian entry to the development from the street for residents and visitors. Details of compliance are to be provided in the relevant plans and specifications for the construction certificate.

 

12.     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.

 

13.     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.

 

14.     External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

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

 

16.     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.

 

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

 

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

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     Where access is required to adjoining premises for construction purposes, the consent of the owners 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.

 

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

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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.

 

27.     The hot water system installed in the development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s Energy Smart Homes Policy.  Any electric clothes dryers to be provided in the development must also have a minimum 2 star energy rating.

 

28.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

          Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.  Details of the proposed landscaping, including plant species and paved areas are to be included with the construction certificate application.

 

29.     A rainwater tank, of sufficient size to provide water for irrigation of all landscaped areas within the development, is to be provided to the development in accordance with Council’s Rainwater Tank Policy.

 

          The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate and landscape plans, to the satisfaction of the Certifying Authority.

 

          The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

The following condition is applied to satisfy the increased demand for public amenities and public services:

 

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

 

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

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

c)       Administration fee                                                                            $   425.00

 

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

 

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

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     Prior to the commencement of any building work, a principal certifying authority must be appointed and Council is to be notified accordingly and, at least 2 days notice of the intention to commence building work must be given to Council, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

36.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the requirements of the Home Building Act 1989.

 

          Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

·        has been informed in writing of the licensee’s name and contractor number; and

·        is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

          Where the work to be done by any other person (i.e. an owner builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·        has been informed of the person’s name and owner-builder permit number, or

·        has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

          Details of the builder and compliance with the provisions of the Home Building Act 1989 are to be submitted to Council prior to the commencement of works, on the notice of appointment of the PCA / Intention to commence building work.

 

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

 

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

 

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

 

§  All of the premises adjoining the subject site

 

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

 

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

 

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

 

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

 

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

 

41.     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.

 

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

 

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

 

43.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

 

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

 

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

 

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

 

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

 

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

 

46.     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.

 

47.     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.

 

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

 

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

 

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

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that ‘unauthorised entry to the site is prohibited’ and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours.

 

          In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act 1989 and Regulations.

 

54.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

55.     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.

 

56.     Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions and debris at all times.

 

57.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Council’s Local Approvals Policy.

 

58.     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”.

 

59.     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.

 

60.     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.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

63.     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

 

64.     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.

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

a)       $2000.00  -           Security damage deposit

 

          The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon the applicant advising 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.

 

69.     The following vehicular crossing deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for Council or a Council approved subcontractor to construct the vehicular crossing.

 

a)       $2000.00  -           Vehicular crossing deposit

 

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

 

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

 

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

 

a)       Construct a heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

b)      Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

c)       Construct new concrete kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

d)      Carry out a full depth, 1.50 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

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

 

71.     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.

 

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

 

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

 

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

 

·        200mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

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

 

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

 

74.     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. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

75.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $335.00 calculated at $27.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

76.     The top of footings of any structures constructed on the boundary alignment must not exceed the height of the Council kerb level.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

77.     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.

 

78.     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.

 

79.     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.

 

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

 

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

 

          The Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

          The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of subdivision.

 

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

 

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

 

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

 

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

 

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

 

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

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

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

 

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.

 

82.     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.

 

83.     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.

 

          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.

 

84.     All site stormwater leaving the site must be discharged by gravity to the kerb and gutter or drainage system at the front of the property.

 

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

 

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

 

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

 

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

 

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

 

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

 

90.     Stormwater pipes shall be located in accessible locations.

 

91.     Pump out systems will only be considered if the applicant can demonstrate that it is not possible to manage stormwater runoff in any other manner.

 

          Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2-hour storm assuming both pumps are not working.

          The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

 

 

92.     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 arrestor pit shall be constructed with:-

 

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

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

 

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

 

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

 

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

 

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

 

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

 

·        A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

94.     Any Absorption Trenches/Pits must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

95.     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); and

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

 

96.     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.

 

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

 

          Notes:-

 

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

 

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

 

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

 

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

 

99.     The garbage room areas will have to be designed so as to be able to contain a minimum of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

100.   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.

 

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

 

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

 

102.   The landscaped areas shown on plan number 3096-01, dated 11-11-03, drawn by Peter Glass and Associates, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority or {the Director of Assets & Infrastructure in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979}, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.       The landscape plan shall show a minimum number of 2 x 75 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.

 

h.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

i.        The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

j.        In order to reduce the amount of stormwater generated by the site, porous paving shall be used in all pedestrian pathways not over slab. Details are to be provided with the construction certificate application.

 

103.   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.

 

104.   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.

 

105.   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.

 

106.   The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

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

 

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

 

108.   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.

 

109.   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.

 

110.   The applicant shall submit a total payment of $145.00 + GST to Council,

 

a.       Being the cost for Council to supply and install 1 x 45 litre street tree (Glochidion ferdinandi, Cheese Tree), to the south of the proposed driveway at the completion of all works ($145.00 + GST)

 

          The contribution shall be paid into Fee Code 525 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.

 

111.   Approval is granted for the removal of the following trees subject to the planting of 2 x 75 litre broad canopied replacement trees (not palms) within the site. The species selected shall be one/those that will attain a minimum height of 6 metres at maturity.

 

          a)       Two (2) Howea fosteriana (Kentia Palms) near the northwest corner of the existing dwelling

 

112.   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.

 

113.   Permission is granted for the selective pruning of overhanging branches from the Phoenix canariensis (Canary Island Date Palm) located in the front yard of the adjoining property to the north 158 Brook Street. This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary. However, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

114.   In order to ensure the retention of the clump of three (3) Howea fosteriana (Kentia Palms) located near the northwest corner of the existing dwelling in good health, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing palm specimens with the position of the trunks and full diameter of the canopies clearly shown on all drawings.

 

 

b.       The palms are to be physically protected by the installation of protective fencing around the palms using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 2 metres from the outside edge of the trunk.

 

          This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

c.       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

          Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

d.       Any excavations required for footings, structures, retaining walls, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 2 metres of the trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

e.       The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

f.        Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

g.       The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

h.       A refundable deposit in the form of cash or cheque of $3,170.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

3

 

Howea fosteriana (Kentia Palms)

 

$3,170.00

 

 

 

TOTAL

 

$3,170.00

 

          The refundable deposit is placed to ensure that the tree protection measures as described in this condition are undertaken throughout the demolition and construction period. The refundable deposit will be released twelve (12) months from the time of issue of a final occupation certificate by the certifying authority providing the tree protection measures (including amendments to the plans) have been undertaken throughout the demolition and construction period and the palms have been retained in good health.

          Any contravention of Council's conditions relating to the trees at any time during the demolition and construction period or prior to the issue of a final occupation certificate will result in the Council claiming all of the lodged security.

 

115.   A refundable deposit in the form of cash or cheque for the amount of $3,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

116.   A “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of any future plan of subdivision or strata subdivision for this property. Such restriction and positive covenant shall not be released, varied or modified without the consent of Council.

 

Notes:

(a)  The “restriction as to user 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)  The linen plans shall indicate the location and dimensions of the detention/infiltration areas.

 

This condition is to ensure that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) of Council.

 

 

117.   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 0.9metres.

 

118.   The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the strata subdivision.

 

119.   Prior to the release of the Plan of Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots. The certificate is obtained from Sydney Water.

 

120.   The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

 

Advisory Matters

 

A1.    In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl. GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

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

 

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

 

A3.    The applicant 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 E1      -           Fire fighting equipment

c)       Part E2      -           Smoke Hazard Management

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

e)       Part F4      -           Light and ventilation, in particular, carpark ventilation.

 

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

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

18 March, 2005

FILE NO:

DA/0735/2004

 

PROPOSAL:

 Demolition of existing structures on the site and construction of new 9 storey mixed use development comprising 7 residential units, 2 commercial tenancies and 3 office suites and associated parking for 26 vehicles and swimming pool

PROPERTY:

 353-355 Anzac Parade, Kingsford

WARD:

 West Ward

APPLICANT:

 G G Farah

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.       EXECUTIVE SUMMARY

 

The application is referred to the Health, Building & Planning Committee as it is valued at $3.5m.

 

The applicant is seeking approval to demolish the existing buildings on the site, excavate and construct three levels of carparking (one semi-basement and two wholly above ground) and a new 9 storey mixed-use development on the site at 353-355 Anzac Parade, Kingsford. The development will comprise 7 residential units aligned to Anzac Parade with a landscaped podium level to the rear (to Houston Lane). At street level, the Anzac Parade frontage is occupied by retail/ commercial uses and lobbies to the residential component.

 

The applicant has participated in a process of consultation with Council to ensure the proposal is consistent with LEP98, DCP 16 for Kingsford Commercial Centre, SEPP 65 and the accompanying Residential Flat Design Code. The proposal is now considered to result in a positive outcome for the commercial centre (despite non-compliances with statutory standards for height and FSR). The development is also consistent with the design quality principles outlined in SEPP 65.

 

This report recommends that Council approve the application for the redevelopment 353-355 Anzac Parade, Kingsford subject to deferred commencement conditions. The deferred commencement conditions relate to the architectural treatment of the ground floor level including associated awnings, materials and finishes.

 

2.       THE PROPOSAL

 

The applicant is seeking approval to demolish the existing 2 storey retail and commercial building on the site and construct a new nine (9) storey (to Anzac Parade) mixed-use development comprised of two commercial tenancies on the ground floor, offices on levels 1-3 and residential common areas including a pool, gym and BBQ area at level 3 with 6 x 2 bedroom units and 1 x 3 bedroom unit above. Twenty- six (26) parking spaces are provided over three storeys with access from Houston Lane. The development will be three storeys to Houston Lane. A landscaped podium is provided at third floor level which provides outdoor communal space on the roof of the parking and provides outlook and amenity to the dwellings on the site.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is located on the western side of Anzac Parade in Kingsford, in the block bounded by Borrodale Road and Southern Cross Close and is located within the Kingsford Commercial Centre. The subject site consists of a single, slightly irregular allotment. The site has a frontage (east) to Anzac Parade of 13.395 metres and a western boundary to Houston Lane of 13.41 metres. The northern boundary of the site measures 51.57 metres and the southern boundary 50.94 metres yielding a total site area of 689.9m². The site falls from west to east (rear to the front) approximately one metre.

 

The site is currently occupied by a two storey brick and tile building which fronts Anzac Parade. The existing building on the site is located approximately 30 metres from the rear boundary and has a detached single garage and hardstand parking area without significant planting to the rear. An existing driveway crossover exists on the western boundary providing rear lane access to Houston Lane.

 

Development in the locality is characterised by a mix of uses due to the range of zonings in the area. Several sites in the vicinity of the subject site have been redeveloped in accordance with the 3(a) zoning along Anzac Parade. Sites to the north have been redeveloped for large, multistorey (up to 9 storey) mixed use buildings with commercial uses on ground floor level and residences above. To the north these larger buildings are interspersed with commercial/ residential buildings of 1-2 storeys in scale. These sites have not yet been redeveloped in accordance with the height and FSR controls contained within RLEP98. Sites to the south and east (across Anzac Parade) of the subject site are also generally 1-2 storeys in scale and are also yet to be redeveloped. Directly north of the site at 345-351 Anzac Parade and further to the south of the site at 367-373 Anzac Parade are buildings noted as having contributory facades in the Kingsford Commercial Centre DCP. Sites to the rear of the subject site are zoned 2(c) and this area is characterised by 2-4 storey residential flat buildings, many with garages to Houston Lane. Directly opposite the site to the west is 88-90 Houston Road, a surface public carparking area owned by Council.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

A prelodgement meeting was held on 6 November 2003 to discuss development of the site for a new multi-storey mixed-use residential and commercial building. Non-compliance with statutory standards, the proportion of residential space to commercial floor space, insufficient parking, residential amenity and streetscape presentation/ design were raised as issues. The prelodgement application was also considered by Council’s Design Review Panel, who recognised good design qualities in the scheme but provided details of changes to improve the overall presentation and amenity of the scheme.

 

The development application was lodged on 2 September 2004. Additional information was sought with regard to groundwater issues, acoustics and design. Amended plans a flood study and acoustic report were received on 3 February 2005. Further amendments to address ramp gradient issues were made with amended plans being submitted on 18 March 2005. The plans submitted on 3 February and relevant plans received on 18 March 2005 are the subject of this assessment.

 

b.       HISTORY OF SITE USAGE

 

Council’s records indicate the most recent consent on the site to be approval for illuminated signage in 2000. A proposal for a three storey building comprising 14 studio dwellings was approved in July 1998 (DA 346/1998). This approval has now lapsed as five years have passed since the date of approval and works have not physically commenced.

 

 

 

 

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with Council’s DCP for Public Notification of Development Proposals and Council Plans. No submissions were received in response to this notification/ advertising.

 

The amendments made to the proposal were minor with respect to the overall composition of the development and therefore re-notification and further advertising was not required.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Director, Assets and Infrastructure Services

 

The Director, Assets and Infrastructure Services has provided the following comment with regard to the application:

 

An amended application has been received for the construction of a nine storey mixed use building at the above site containing 8 x 2 bedroom units, 1 x 3 bedroom unit, four levels of retail/commercial space and basement carparking for 26 vehicles.

 

It is noted that the comments made in this report are based on the amended plans by Tectonic design (Revision G) dated July 2004; drawing No’s A101g, A102g, A103g, A201g, A202g, A203g, A204g, A205g, A401e and A403b.

 

Groundwater Comments

 

Should groundwater/seepage water be encountered within the depth of the proposed basement excavation, the basement carpark shall be suitably tanked and waterproofed.

 

Furthermore, it is noted that should dewatering be required at any point during the excavation, the applicant shall contact the Department of Infrastructure Planning and Natural Resources (DIPNR) to obtain a temporary dewatering license.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

The DPCD is advised that 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.

 

 

 

 

 

Flooding Comments

 

The applicant was previously advised that the subject development site appears to be located within the vicinity of a localised low point in Anzac Parade and may be subject to stormwater inundation during major storm events.

 

In order to determine whether the development site may experience flooding (and if the site was found to be subject to flooding, to calculate the maximum 1 in 100 year flood levels), the applicant was requested to undertake and submit a flood study.

 

Consequently, the applicant has submitted a flood study by Brown Consulting dated January 2005. The flood report states that ‘the 1 in 100 year flood level was determined to be 26.30m AHD at the front of the site’.

 

The floor levels of all habitable, commercial and storage areas are required to be at least 300mm above this determined 1 in 100 year flood level, that is, at a minimum RL of 26.60m (AHD). It is noted that the submitted plans show levels relative to an assumed datum, which, according to the submitted flood report, is 7 metres below AHD. Consequently a minimum RL of 26.60m (AHD) is the same as a level of 19.60 m relative to the assumed datum shown on the survey plan by Watson Buchan P/L dated July 1997.

 

Based on the above levels, the amended ground floor plan (which shows the floor levels at RL 19.60 m (assumed datum)) appears to demonstrate that the required 300mm freeboard will be provided above the 1 in 100 year flood level.

 

Further to the above, the applicant’s consultant (Brown Consulting) has recommended the construction of a highpoint in the driveway to the ground floor carpark at least 200mm above the gutter invert in Houston Lane to prevent stormwater ingress into the carpark. Details showing compliance with this requirement are to be shown on the plans submitted for the construction certificate.

 

Traffic Comments

 

It is noted that this application has been assessed in accordance with the new Service Level Agreement between the Development Assessment section, and the Asset & Infrastructure Services Department. The DPCD should ensure the proposed parking provisions are adequate.

 

The average traffic generation for the proposed residential development consisting of 9 residential units will be in the range of 36 to 45 vehicle movements per day.

 

The expected peak flow volume of approximately 5 vehicles per hour is considered low and no delays should be experienced in Houston Lane as a result of this development.

 

Road dedication

 

Prior to the issuing of an occupation certificate, the applicant shall dedicate to Council a 1.00 metre wide strip of land along the full site frontage in Houston Lane. This is to allow for the provision of a concrete footpath adjacent to the kerb alignment, given the increased pedestrian activity created by the development site, and the need to provide safe entry and egress to pedestrian users of the site. The applicant shall meet all costs associated with the dedication, and it is noted that no portion of the development (including basement structures and/or eaves overhang) shall encroach into the dedication.

 

Splay corners/site distance comments

 

All new walls adjacent to vehicular crossings shall be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site.

 

Further to the above requirement, the AIS Department would generally require new driveways to be setback at least 1.5 metres from the side boundaries to ensure that satisfactory sight distances are provided for vehicles exiting the site (by facilitating minimum 1.5 metre x 1.5 metre splay corners). The submitted plans show the proposed driveways being located immediately adjacent to the property boundaries. Given that the provision of 1.5 metre setbacks would result in the access driveway widths each being reduced to some 3.5 metres (allowing for one-way movement only); the AIS Department considers that the setback requirements may be waived provided that the applicant can demonstrate that pedestrian safety in Houston Lane will not be compromised. The following deferred commencement condition has been included in this memo to address the matter:

 

Prior to this consent becoming operational, the applicant shall submit to Council for approval, details from a suitably qualified traffic engineer detailing how it is proposed to ensure that the development will not compromise pedestrian safety in Houston Lane. The documentation shall clearly show how adequate sight lines will be provided for vehicles exiting the site.

 

Note: All proposed works/measures required to ensure pedestrian safety must be located wholly within the property.

 

Vehicular Access

 

The design alignment level at the property boundary for the proposed new driveways is 150mm above the gutter invert in Houston Lane. It is noted that this alignment level is at the adjusted property boundary (i.e. setback 1.00 metre from the existing property boundary).

 

The submitted plans show both driveway accesses off Houston Lane ramping into the property (at grades of 12.5% and 15%) from the existing property boundary. This is not acceptable as the crossfall over the footpath area (i.e. including the 1 metre dedication) should not exceed approximately 2.5 - 3%. The applicant must comply with the alignment level at the realigned property boundary and start the driveway ramp at this point.

 

Further to the above, it is also noted that Council’s DCP for Parking indicates that driveway grades should not exceed 1 in 20 (5%) for the first 5 metres into the site. Whilst it may not be feasible to achieve this shallow grade for the full five metres into the property, it is noted that the ramps grades proposed at the property boundary of 12.5% and 15% are excessive and may result in scraping.

 

Finally, the southern driveway (accessing the ground floor carpark) does not show the provision of the requested highpoint of 200mm above the gutter invert in Houston Lane.

 

The AIS Departments recommends that prior to the issuing of development approval, the applicant be requested to submit amended plans (including long sections through each of the driveway ramps) showing:

 

§  Compliance with the issued alignment level at the adjusted property boundary;

§  Provision of a high point a further 50mm above this alignment level in the southern driveway; and

§  Ramp designs (including all ramp grades and transitions) in general accordance with AS2890.1:2004.

 

Alternatively, the DPCD may wish to include a deferred commencement condition to address this issue.

 

Comment: The plans submitted on 18 March 2005 have been reviewed by the AIS resulting in the following comment:

 

Vehicular Access arrangements

 

The ramps grades shown on the amended plans appear to satisfactorily address the concerns raised in our previous memos regarding the potential for vehicles to scrape whilst accessing the site. It should be noted however that the plans do not strictly comply with Council’s DCP for Parking which states that driveway grades should not exceed 1 in 20 (5%) for the first 5 metres into the site.

 

Carparking

 

The submitted plans currently show the driveway ramps extending in front of carspaces 101 on the ground floor and 201 on the first floor. Given the slope of the driveway ramp, it is considered that these spaces would be inaccessible under the current driveway arrangements. Additionally, when the driveway ramp is modified to comply with the access requirements set out above, it appears that the ramps will need to extend further into the carparking areas, making the change in level between the driveway access ramp and spaces 101 and 201 greater and appearing to cause space 102 to become inaccessible as well.

 

The DPCD may address the above issue by either:

 

1.       Requesting that the applicant submit amended plans showing the ground, first and/or second floor parking levels being amended to provide the required number of accessible parking spaces (it is noted that this may require substantial redesign); OR

 

2.       Including a deferred commencement condition regarding the ground, first and/or second floor parking level being amended to provide the required number of accessible parking spaces; OR

 

3.       Levying the development for S94 contributions to compensate for the parking spaces that appear to be inaccessible (i.e the 3 ‘lost’ parking spaces in addition to any existing parking shortfall).

 

It is recommended that should consideration be given to levying the application for the 3 parking spaces that appear to be inaccessible, the applicant should first be given the opportunity to amend the plans to determine whether it is possible to amend the grades and/or layout to reduce (or even eliminate) the number of parking spaces deemed inaccessible.

 

Comment: The plans submitted on 18 March 2005 have been reviewed by the AIS resulting in the following comment:

 

Car parking

 

The amended plans are considered to satisfactorily address the concerns raised in our previous memo regarding access to car spaces 101, 102, and 201. The access arrangements detailed on the amended plans show a maximum change in grade of 12.5% into all parking spaces.

 

Mechanical Car lifts

 

The AIS Department does not support the use of mechanical car lifts.

 

Should the DPCD consider approving the car lifts, it is recommended that the following conditions (at a minimum) be included in the approval:

 

1.       An inspection and maintenance schedule for the car lift shall be prepared in consultation with the car lift manufacturer. A copy of the schedule is to be included in the documentation submitted for the construction certificate.

 

2.       The car lift shall be inspected and maintained in accordance with the approved schedule.

 

3.       Any future strata management statement or building management statement shall incorporate the inspection and maintenance schedule for the car lift.

 

4.       Training of all residents in the use of the car lift shall be required as part of any future strata management statement or building management statement.

 

5.       All caretakers shall be trained in the operation of the car lift and a contact number for the caretaker should be provided adjacent to the lift should users require assistance.

 

6.       Manufacturer specifications and instructions for operation of the car lift shall be provided in a clearly visible location adjacent to the car lift.

 

7.       The car lift shall have a manual over-ride system for operation in the event of power/mechanical failure.

 

 

Awning Comments

 

The minimum clear distance from the existing footpath in Anzac Parade to the underside of the proposed awning, (i.e. the awning to be installed above the footpath in Anzac Parade), shall be 2.60 metres. In addition, the awning shall be setback a minimum of 600mm from the kerb alignment.

 

Waste Comments

 

Residential wastes

 

The submitted plans show the provision of a garbage chute and a garbage compactor for residential waste. The AIS Department does not object to the provision of these waste facilities; however it is noted that the garbage compactor area is to be separated from the common garbage bin area via a locked door, to ensure it is not accessible to the general residents. Furthermore, the compactor system shall be managed by a caretaker and a waste management plan detailing how the complete waste management system will operate shall be submitted to Council.

 

It is noted that the compactor system should have a compaction ratio of 2:1 and shall be used for residential garbage only. Recyclables shall not be compacted.  The residential garbage storage area shall be sized to contain the compactor system (separate from the area accessible to the residents) and an additional 6 x 240 litre garbage bins (2 garbage bins and 4 recycling bins) whilst providing satisfactory access to these bins.

 

The garbage store shown on the ground floor appears to be adequate for the residential component of the development provided that the compactor is separated from the area accessible by residents.

 

Commercial/Retail wastes

 

A separate garbage area shall be provided for the commercial/retail components of the development.

 

Council’s waste compliance officer has indicated that the waste requirements for the commercial suites shall be determined based on the following approximate demands:

 

Garbage requirements – 10L/100m2 floor area/day

Recycling requirements – 25L/100m2 floor area/day

 

Hence, based on the amended plans showing a total commercial area of approximately 662.23m2, the commercial garbage area shall be sized to contain a total of 7 bins (2 garbage bins and 5 recycling bins), based on a weekly garbage collection.

 

The commercial garbage/recycling collection room appears to be adequately sized based on the above requirements.

 

 

 

 

Transfer of bins to the kerbside

 

The AIS Department notes that it is proposed to store garbage bins within the ground floor carpark. Given that the driveway ramp grades are very steep (1:5), it is recommended that the applicant be requested to provide details regarding how it is proposed to safely transfer the bins (with compacted garbage) from the ground floor to the kerb for collection prior to the development consent becoming operational.

 

The following deferred commencement condition has been included in this report to address this matter:

 

Prior to this consent becoming operational, the applicant shall submit amended plans (and associated documentation) detailing how it is proposed to safely transfer bins (with compacted garbage) from the ground floor level to the kerb for collection. This condition is required as the proposed ramp grades (1:5) appear too steep for a caretaker to manually wheel the full bins up to Houston Lane.

 

Landscape Comments

 

In the rear yard of the site, against the western side of the existing dwelling, there are two (2) Syagrus romanzoffianum (Cocos Palms) both of approximately 6 metres in height. They appear in reasonable condition and are covered by Council’s Tree Preservation Order, but are not deemed significant. As it will not be possible to retain these two palms and proceed with construction of the proposed basement carpark as indicated, approval is granted for their removal.

 

In the rear yard of the site, along the southern boundary, there are a total of nine (9) Syagrus romanzoffianum (Cocos Palms) all of around 5 metres in height, and one Brachychiton acerifolius (Illawarra Flame Tree) of 6 metres in height. They appear in reasonable condition and are covered by Council’s Tree Preservation Order, but are not deemed significant. As it will not be possible to retain these trees and proceed with construction of the proposed basement carpark as indicated, approval is granted for the removal of these ten (10) trees.

 

In the rear yard of the adjoining property to the south, against the common boundary, there is one Ailanthus altissima (Tree of Heaven) of approximately 6 metres in height. This is an invasive and undesirable species, and as such, is not covered by Council’s Tree Preservation Order.

 

The plans show the proposed basement carpark being constructed immediately alongside the trunk of this tree. Consequently, it will not be possible to proceed with construction as shown and still retain this tree. As the tree is located on an adjoining property, the applicant will be required to negotiate with the tree owner for its removal prior to any development consent becoming operational.

 

The following deferred commencement condition has been included in this report to address this issue:

 

Prior to this consent becoming operational, the applicant shall obtain written consent from the owner of the adjoining property to the south (357 Anzac Parade), for the removal of the Ailanthus altissima (Tree of Heaven) located against the common boundary in the rear of the site.

 

The amended plans provided by the applicant on 18 March 2005 have addressed issues related to driveway grades and entry to all parking spaces. The AIS have reviewed this information has reported that this information satisfies their previous concerns with regard to the proposal. The amended plans are recommended for approval in Condition 1.

 

Conditions of consent (including Deferred Commencement Condition 5) suggested by the Director, Assets and Infrastructure Services have been included in the Recommendation section of this report (see Conditions 90-150). The awning has been conditioned to comply with DCP – 16 which is more onerous than the conditions suggested by the AIS (see Deferred Commencement Condition 3). Conditions recommended by the AIS with regard to the mechanical car stackers have been included as conditions of consent (see Conditions 2-8).

 

6.2     Manager, Environmental Health and Building

 

The Manager, Environmental Health and Building has provided the following comment with regard to the application:

 

Environmental Health Comments

 

The proposal

 

The proposal involves the:

 

§  Demolition of the existing two storey building;

§  Excavation of the rear part of the site for basement car parking and additional parking above;

§  Four levels of retail/offices at the Anzac Rd frontage;

§  Residential amenities; and

§  Six levels of multi unit housing.

 

Key Issues

 

Land Contamination

 

The ‘Statement of Environmental Effects’ submitted with the application in summary states that a contaminating activity is not operating on the site and has not operated on the site.

 

It is therefore considered that no further information in relation to contamination is required in accordance with the provisions of the Environmental Planning & Assessment Act 1979, SEPP 55, Contaminated Land Management Act 1997 and Council’s Contaminated Land Policy 1999.

 

 

 

 

Rainwater tanks

 

A rainwater tank is proposed and therefore standard conditions should be attached by the Assessing Officer.

 

Acoustics - General

 

An acoustic report was requested to be submitted as part of an additional information request dated 13 September 2004. Subsequently, an acoustic report prepared by Acoustic Logic Consultancy dated 25 January 2005 was submitted.

 

In summary, the acoustic report states;

 

§  upon implementation of the recommendations stipulated within the report the traffic noise intrusion into the apartments will meet the criteria of AS/NZS 2107 – 2000 ‘Acoustics – recommended design sound levels and reverberation times for building interiors; and

 

§  the noise emanating from plant and equipment servicing the proposed development will need to meet the criteria outlined in table 7 of section 5.3 and the required treatment will ensure compliance.

 

Standard noise conditions should be attached to the consent so as to ensure compliance with the submitted acoustic report and relevant legislation and guidelines.

 

Acoustics – swimming pool plant and equipment

 

The proposal includes the installation of a swimming pool within the building with associated plant and equipment. The proposal states that the plant and equipment will be enclosed within the building. Standard conditions should therefore be attached in relation to the use and operation of the swimming pool plant and equipment so as to ensure that the amenity of the surrounding and proposed residents is not affected.

 

RECOMMENDATION

 

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

Building Comments

 

The Proposal

 

It is proposed to demolish the existing 2 storey office building and erect a 9 storey mixed commercial/residential building with car parking at basement level and at the rear of the proposed offices at ground and first floor levels.

 

BCA Building Classification

 

Class   -      5 or 6    -       Offices or shops

Class   -      7a        -       Car parking areas

Class   -      2           -       Residential units     

Background

 

The existing building on site is a 2 storey office building bounded by buildings of a similar nature. A search of Council’s records could not disclose any previous use of a potentially contaminating nature.

 

Key Issues

 

Noise:

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment, such as any mechanical exhaust system serving the basement car park and from other plant and equipment. Conditions should be imposed on the consent to address potential noise emissions from the development.

 

Site Management:

No construction site management details have been provided with the DA to address issues such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing. Standard conditions can be included in the consent to address construction site management issues.

 

Building Code of Australia (BCA):

Full details of compliance with BCA and fire safety provisions are not included in the DA 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 appears to satisfy the BCA requirements and DDA objectives, in relation to access and facilities for people with a disability.

 

Access for people with a disability is required to be provided to the basement car park and the ground floor shops and, sanitary facilities for people with a disability are also required to be provided to the development, in accordance with the provisions of the BCA.

 

Standard conditions could be included to confirm these requirements to ensure compliance with the BCA and AS1428.

 

Conclusion:

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

 

RECOMMENDATION:

 

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

 

Conditions of consent suggested by the Manager, Environmental Health and Building have been included in the Recommendation section of this report (see Conditions 29-89).

 

 

6.3     Design Review Panel

 

As SEPP 65 applies to the proposal. the application was referred to the Design Review Panel for comment at its November 2004 meeting. The following comments were provided by the Panel:

 

PANEL COMMENTS

 

1.       Relationship to the Context of the Proposal

 

This proposal will form part of the evolving streetscape and will fit in better as other sites in the immediate vicinity develop.

 

2.       The Scale of the Proposal

 

The scale of the proposed building is consistent with other new nearby buildings, and the future scale of Anzac Parade and the rear lane.

 

3.       The Built Form of the Proposal

 

The proposed form of the building is satisfactory.

 

The Panel was pleased to note that most of its suggestions had been incorporated in the design submitted.

 

The following issues still need to be addressed:

 

§  Further examination of structural and services design and the incorporation of all structural members and main service runs on the drawings.

 

§  Allowance for a 1metre footpath dedication and widening of the rear lane, and accordingly the setting back of all ramps

 

§  Glazing the lower levels of the rear stair to improve surveillance of the lane.

 

4.       The Proposed Density

 

The density of the proposal appears to be satisfactory.  Scale drawings of all levels need to be lodged to confirm the stated FSR.  All enclosed balconies should be included in the calculated FSR.  An SEPP 1 Objection is presumably required.

 

5.       Resource and Energy Use and Water Efficiency

 

Panel recommends that consideration be given to using external shading to the large east facing office windows at all levels.  This would also provide an improved scale and character for these expanses of glazing.

 

West facing glazing to the gym should also be protected by appropriate sun shading.

 

 

6.       The Proposed Landscape

 

A substantial area of fairly deep soil appears to be proposed on the podium, however no landscape plan has been provided.  In order to make this area inviting and used, careful landscape design will need to provide shade and privacy.

 

7.       The Amenity of the Proposal for its Users

 

Internal planning and daylight to units could be further improved.

 

The Panel suggests that the architect consider reversing the bedrooms and ensuites in some units with the laundry and study, and enlarge the lightwells on the boundary. This would maximise natural daylight to three service areas, instead of two as currently configured..

 

It is unclear who the landscaped podium is provided for.  This and the consequent access arrangements should be clarified. 

 

Unimpeded access for residents to pool, BBQ, common areas and gym, should be provided in a manner that does not require residents to pass through office lobbies. This will enable facilities to be used by both residential and office employees, who will presumably use the facilities at different times.

 

8.       The Safety and Security Characteristics of the Proposal

 

Further overlooking and activation of the rear lane is encouraged. The dedication of a 1metre wide footpath will improve pedestrian safety.

 

The proposed areas that overlook the lane (ie the common and the pool areas) are highly desirable for their contribution to the lane and the potential for passive surveillance

 

9.       Social issues

 

The adaptable unit needs more consideration of access in bedroom, kitchen and laundry

 

10.     The Aesthetics of the Proposal

 

The rear elevation is now well resolved, however the arbitrary placement of the enclosed balconies, the choice of extreme black and white colours and the unrelieved balcony fronts reduce the contextual fit and desirable simplicity of the façade to Anzac Parade.

 

A closer examination of structure and a desire to reach honest legibility of balconies and setback façade planes will result in a better aesthetic.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel considers that the design of this application has come a long way, however a greater level of refinement and detail are still required to make it a first rate development.  In the Panel's opinion, the refinements discussed with the applicant would not necessarily increase cost and should improve the marketability of space in the building, as well making it a really worthwhile addition to its locality.

 

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

 

The amended plans lodged on 3 February 2005 have satisfied the Panel’s outstanding concerns in relation to the amenity and environmental performance of the building. Council has several outstanding concerns in relation to the design and streetscape presentation of the development (refer to discussion under Section 9.3). It is considered that the overall form of the building is satisfactory and outstanding concerns regarding the design can be resolved by deferring the operation of any consent (see Deferred Commencement Conditions 1-3).

 

7.       MASTER PLANNING REQUIREMENTS

 

As the site has an area of less than 4,000m2 there are no master planning provisions applicable to the site.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The site is zoned 3(a) General Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council's consent.

 

The proposal has been assessed in accordance with the following statutory controls and is consistent with the provisions of these controls:-

 

-        Randwick Local Environmental Plan 1998 (RLEP)

-        State Environmental Planning Policy 1 – Development Standards (SEPP 1)

-        Draft State Environmental Planning Policy (Application of Development Standards)

-        State Environmental Planning Policy 55 – Remediation of Land (SEPP 55)

-        State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

-        Environmental Planning and Assessment Act 1979 as amended (EP&A Act)

-        Building Code of Australia (BCA)

 

(a)     RLEP 1998

 

The site is zoned 3(a) Local Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following clauses of the RLEP 1998 have been considered during the assessment of the proposal:

 

CLAUSE

Requirement

Provided

Compliance

32(3) – FSR

Residential

3:1

(2,069.7m2)

Max 2:1

(1,379.8m2)

3.15:1

(2,175.30m2)

1.6:1

(1,103.32m2)

No*

 

Yes

33(5) – Building Height

24m

25.8-28.0m

No*

43 – Heritage Item or Conservation Area

N/A

Not a heritage item and not located in a heritage conservation area or in vicinity of item.

N/A

* Indicates objection lodged under State Environmental Planning Policy No.1

 

A detailed assessment of the proposal against the clauses of the LEP dealing with height and FSR is provided in sections 9.1 and 9.2of this report (below).

 

(b)     SEPP 1 – Development Standards

 

An objection under SEPP 1 has been lodged with regard to the non-compliance with the Floor Space Ratio and Height standards as set by RLEP 98.

 

The objections submitted with respect to this non-compliance have been considered under Sections 9.1 and 9.2 of this report.

 

(c)     Draft SEPP (Application of Development Standards)

 

This Draft SEPP seeks to replace the provisions of SEPP 1 and has been publicly exhibited (concluding on 18 June 2004). The new SEPP will introduce additional objectives (such as requiring non-compliances to result in better environmental planning outcomes than a complying development) when assessing whether flexibility of a planning standard is acceptable or not.

 

Legal advice was provided by Deacons Solicitors on 27 October 2004 with respect to the weight that should be given the Draft SEPP. Deacons have advised that contact made with the Department of Infrastructure, Planning and Natural Resources indicates that the Draft SEPP 1 will be implemented over a three and five year period subject to re-exhibition. It is noted in Deacons advice that the Land and Environment Court adheres to the principle of “imminence and certainty” with respect to the weight given to a draft instrument. Deacons conclude that the draft SEPP 1 should not be given any significant weight, but should be considered as part of Council’s general Section 79C consideration.

 

The additional objectives proposed under Draft SEPP 1 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 standards. The proposed development is considered appropriate and consistent with the draft SEPP for development standards in respect to the non-compliance with the floor space ratio and height standards. The scale of development is consistent with the desired future character of Kingsford and development that has already occurred consistent with the LEP standards.

 

The proposal is considered to result in the same or a better environmental outcome than a complying development and is considered to be of good design quality. The development is satisfactory with regard to Draft SEPP 1. A thorough assessment of the proposal against the existing provisions of SEPP No. 1 and against Council’s statutory controls and objectives has been made in Sections 9.1 and 9.2of this report.

(d)     SEPP 55 - Remediation of Land

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites for residential and retail/ commercial uses would substantially reduce the possibility of contamination.

 

Council’s Manager, Environmental Health has indicated that as there is no evidence of existing or previous uses of a contaminating nature on the site, no further information in relation to site contamination is required.

 

It is considered reasonable to assume that the site would not be contaminated, or in need of remediation pursuant to SEPP 55 and that the site is suitable for continued residential/ commercial use.

 

(e)     SEPP 65 – Design Quality of Residential Flat Buildings

 

The development is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. An assessment of the proposal in accordance with the ten design quality principles has been undertaken by Council’s Design Review Panel. Comments made by the panel are reproduced in section 6.3 and indicate that the proposal is satisfactory with regard to SEPP 65.

 

(f)      EP&A Act

 

An assessment of the proposal in accordance with section 79C of the Act has been provided in section 8 of this report.

 

8.1     Policy Controls

 

The following Council policy controls apply to the proposed development:

 

§   DCP 16 – Kingsford Commercial Centre

§   DCP – Parking 1998

§   Section 94 Contributions Plan, 1999

§   Rainwater Tanks Policy, 2003

 

(a)     Development Control Plan No. 16 – Kingsford Commercial Centre

 

Requirement

Control

Proposed

Complies

FSR

>800m2 Site Area & frontage of 18m

<800m2 Site Area

 

3:1

 

1.5:1

 

N/A

 

3.15:1

 

N/A

 

No

Front Setback

Nil

600mm-2.4m at ground level

Nil setback above to 10m then 5m setback

No

 

Yes

Side Setback

6 metres, where a wall exceeds 12 metres in height with the exception of corner lots, where adjoining properties already have walls to this height or where site width makes setbacks impractical.

Site width makes setbacks impractical

N/A

Height Plane

 

 

 

Front boundary

12m high wall with nil setback to boundary then 5m setback to 24m in height

10m high wall with nil or close to nil setback then setback 5 metres to 24m in height then setback 7m to top of building

Generally complies

Rear boundary

45o above 8 metres in height

Complies to the rear, does not comply with max. height of 24m

Does not comply

Height

24m exclusive of lift towers

25.8-28.0m

Does not comply

Commercial development

To be provided at ground floor.

Two commercial suites provided

Complies

 

Minimum depth of 10m

12m

Complies

Common Property and private open space provision

Minimum 10m2 per residential unit with a maximum of 5m2 being comprised of private balconies.

Approx.390m2 provided exclusive of balconies – 70m2 required

Private balconies provided to all dwellings

Complies

General Urban Design Parameters

High proportion of solid to glass in facades (windows to occupy approx. 20% of the wall)

Street wall continued with high proportion of solid wall to glazing. Elevation above is more open with balconies and glazing.

Complies

 

Fenestration should have a vertical emphasis

Generally horizontal

Does not comply

 

Buildings should be constructed of masonry

Rendered masonry

Complies

Awnings

Setback 600mm from kerb

200mm

No1

 

3.5-4.5 metres above footpath level

3.2-4.5m

No1

 

3 metres wide

3.4m

Yes

 

Opaque materials

Steel/Metal

Complies

Carparking

In accordance with relevant DCP

Does not comply with commercial parking under DCP – Parking

No – refer to discussion below

1 Can be conditioned to comply

 

Discussion of compliance with the requirements of the DCP No. 16 – Kingsford Commercial Centre is included in section 9 of this report.

 

(b)     Development Control Plan Parking (DCP Parking), 1998

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

 

 

Car Parking

a)   number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b) layout

 

 

Bicycle Storage

 

 

1.2 spaces required for each two bedroom dwelling (6 x 1.2 = 7.2spaces)

 

1.5 spaces required for each three bedroom dwelling (1 x 1.5 = 1.5 spaces)

 

1space/4 dwgs or part thereof for visitors (2 spaces required)

 

Commercial Tenancy

(1/40m2) 17 spaces required

 

TOTAL SPACES REQUIRED = 28

 

As per DCP.

 

 

1space per 3 units plus 1 visitor space per 10 units

(3 bike spaces)

 

7 spaces

 

 

 

 

2 spaces

 

 

 

 

2 spaces

 

 

 

 

15 spaces

 

 

 

 

 

26 spaces

 

Adequate turning areas provided.

 

5 spaces

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

No*

 

 

 

 

 

No

 

Yes

 

 

Yes

* Section 94 Contributions can be levied for the deficiency in commercial parking provision.

 

Discussion of compliance with the requirements of the DCP - Parking is included in section 9.10 of this report.

 

(c)     Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes an additional seven (7) dwellings and additional commercial floor space of 454m2 on the site. As a result of this assessment a condition of consent has been proposed requiring the payment of monetary contributions relating to townscape, open space, community facilities and administration charges totalling $42,165.27. An additional amount of $13,230 for the commercial parking deficiency of 2 spaces has also been levied. This amount must be paid prior to the issuing of any Construction Certificate (see Condition 28).

 

(d)     Rainwater Tanks Policy

 

Council adopted a Rainwater Tank Policy on the 14th October 2003. The Policy encourages water conservation and reduced demand for potable (drinking) water. The applicant has not provided any details of rainwater tanks with the application. The proposal does not meet the requirements of Council’s Rainwater Tanks Policy, however standard conditions requiring a rainwater tank of sufficient size to serve the landscape requirements of the site (including the swimming pool) is to be incorporated into the plans submitted with the Construction Certificate application.

 

The proposal is satisfactory with regard to Council’s Rainwater Tanks Policy.

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Height

 

The development has an overall height ranging from 25.8-28.0 metres resulting in a non-compliance with the statutory standard of 24 metres of between 1.8 and 4.0 metres.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clauses 33(5) of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

·        The height of the proposed building is similar to other multistorey buildings in the locality, particularly two existing buildings within the block

·        The proposed height is consistent with the floor space proposed which has a minor breach of the floor space ratio standard

·        There will be no adverse shading impacts as the proposed development does not materially overshadow any residential dwelling in any building to the west

·        There will be no loss of views from buildings within the area due to the location, topography and distance between buildings

·        The scale of the proposal is similar to that in other modern buildings within the block and immediate locality

·        The proposed development will minimise any adverse amenity impacts onto the surrounding community, particularly in relation to solar access, privacy and view loss

·        The overall scale of the building, particularly at Anzac Parade is broken up with a podium, tower element and roof form with awning and open and closed in balconies

·        The increase in height over the control is between 1.8-4.0 metres (which represents between 7.5%-16.6%) which is not considered significant

·        400 millimetres of the height increase is due to the Council requirement to prevent local flooding affecting the building

·        The proposed height of the building meets the relevant objectives of the general business zone

·        The proposed third floor level is proposed to contain active and passive recreational areas thereby encouraging health and fitness for the future residential occupants of the building

 

The objective of the wall height standard is to set upper limits for the height of buildings in residential and business zones that are consistent with the redevelopment potential of land in those zones given other development restrictions, such as floor space and landscaping, and have regard for the amenity of surrounding areas.

 

The proposed development exceeds the statutory height standard of 24 metres by up to 4.0 metres. The non-compliance is due to the top floor and the extent of non-compliance (up to 4 metres ) is largely due to the roof profile which lifts up to the east (the lowest part of the site). The majority of the area of non-compliance is setback 7.6 metres from the front boundary of the site which reduces its visibility at street level due to the nil setback of lower levels of the building, the awning provided and balconies that are setback 5.0 metres from the street frontage.

 

The roof design of the topmost floor could be amended to reduce non-compliance with the height standard to 2.0 metres, however this would reduce the amenity of the top floor and would not result in reduction of impacts to the street or surrounding properties. The Design Review Panel has considered the design of the proposal and considers it to be appropriate to the locality.

 

The balustrading of the balcony to the 8th floor presents a parapet to Anzac Parade. Due to the setback of the bulk of the 8th floor this ‘parapet’ is the visible top of the building. This ‘parapet’ is set at approximately RL43.4 or 24.28 metres above the existing ground level on Anzac Parade. Buildings to the north of the site at 331-335 and 343 Anzac Parade have a maximum height of 24.05m and 27.7m respectively. These developments have a similar form to the proposal, employing setbacks at upper levels to minimise bulk and scale impacts on the street. The height of the parapets of these buildings (measured from footpath level) are 24.4m and RL24.3m respectively compared with 24.28 metres of the subject proposal. These buildings are of a similar height and scale to the proposed development.

 

While the development at 343 Anzac Parade technically complied with the height limit of 24 metres, compliance was due to the existing ground level being approximately 2-3 metres higher than the street level. The height of the building from street level is approximately 26 metres. The development at 331-335 Anzac Parade exceeded the height limit by a minor factor – approximately 5mm, however it exceeds the allowable FSR of 3:1 by approximately 400m2. While these buildings are not considered to set a high standard in terms of their architectural design, and should not be relied upon as precedents, they do provide a context of large buildings in the vicinity of the site. The height of these developments is consistent with that of the proposal and as a result, the development will not be out of scale with surrounding buildings. The development will contribute to a consistent street wall of approximately 24 metres in height with any non-compliances having a negligible impact due to the topography of Anzac Parade and the use of setbacks to minimise the visibility of upper floor levels.

 

A measure as to the suitability of the development and the extent of impact to adjoining properties are the minimum amenity standards contained within Council’s Multi-Unit Housing DCP. The additional height of the proposal will not result in excessive overshadowing impacts to surrounding residential properties during the midwinter period. The orientation of the site and the low scale of existing development results in additional shadows being cast on the roadway and adjoining properties. Despite the increased shadow the proposal complies with Council’s requirement that 3 hours of solar access per day midwinter is maintained to adjoining properties.

 

The non-compliance of the development is not expected to result in significant impacts on visual and acoustic privacy for surrounding dwellings. The area of non-compliance with the height standard, being the skillion roof profile does not allow significant opportunities for overlooking. The non-compliance with the wall height standard will not result in overlooking of adjoining properties.

 

The area of non-compliance with the height standard proposed by the development will not result in significant adverse impacts on existing or future residential development. The development meets the objective of the height standard, being to set upper limits for the height of buildings which are consistent with other development controls such as FSR and landscaping and have regard to the amenity of surrounding properties. As such it is unnecessary and unreasonable to enforce the height standard in this case. It is considered that SEPP 1 objection is well founded and should be supported.

 

9.2     Density

 

The FSR of the proposal exceeds that permissible under clause 32(2) of the RLEP 98 for a development on the site, being 3:1 (2,069.7m2) by 105.6m2 (3.15:1). The applicant submitted an objection under State Environmental Planning Policy No.1 - Development Standards, in relation to non-compliance of the scheme, prior to amendments reducing the floor area of the development and has argued that strict compliance with clause 32 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

·        When viewed against other modern developments in the locality the proposed bulk and scale is reasonable and therefore the floor space is acceptable

·        The proposal will add vitality and interest to the Kingsford retail centre and provide additional residents and workers that will shop and work within the centre for the economic well being of the centre

·        There are no unreasonable adverse impacts to any adjoining property, both commercial and residential

·        The additional floor space over that permitted is minor at 105.3 sq. metres which represents only 5% over that permitted

·        The overall bulk and scale of the development as seen from the roadway is reduced due to the podium, tower and roof elements as well as the architectural treatment of the Anzac Parade elevation

·        The bulk of the proposal as viewed from the laneway is considerably reduced due to the scale of the development at the laneway of two/three storeys and the setback of the tower which is greater than 24.0 metres

·        Development of the land for commercial/ retail and residential purposes is in line with the zone objectives and land use table

·        The proposed use of the floor space of the building will not create adverse traffic and parking impacts in the locality due to the car parking proposed and the proximity of the development to public transport links

·        The proposal is centrally located close to efficient public transport to the city and the coast

·        The architectural design will visually improve the aesthetic qualities of this centre

 

The objective of the floor space ratio (FSR) standard is to establish a reasonable upper limit for development in business 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. An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc.

 

Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties despite the non-compliance of the proposal with the density standard of 3.0:1. The non compliance of approximately 100m2 does not significantly increase the visual bulk and scale of the development from that of a complying development. Areas such as the common gym facilities and utility room (comprising approximately 160m2) are provided in excess of Council’s requirements (approximately 90m2 over the requirement of 70m2). It is likely that if compliance with the development standard were enforced, these areas would be deleted, which would not reduce the visual bulk of the building and would reduce the facilities and amenity available to the residential units. The removal of these areas would not reduce the density on the site or the parking requirement for the development and would not reduce any impact to surrounding properties in terms of visual privacy, view sharing or solar access.

 

The redevelopment of the site for mixed use development comprising retail, commercial and residential uses is consistent with the 3(a) zoning of the site. Development on the site currently has a density less than that envisaged by the 3(a) zone. The addition of seven dwellings and increased commercial floor space in this location is not excessive and can be accommodated on the site. The development complies with the ratios applied to residential and commercial components of development in the Commercial Centre and will not erode the economic viability of this primarily business zone. The nearby developments at 331-333 and 343 Anzac Parade have a bulk and scale that is larger than that of the proposal, which has used architectural elements to break the scale of the building. The development is consistent with surrounding built forms and the desired future character for the Kingsford Commercial Centre and will not result in excessive building bulk to the street or in views of the area from the district.

 

The Design Review Panel has reviewed the development and is satisfied that the development is consistent with the principles of density, built form and scale under SEPP 65 despite non-compliance with the FSR standard under LEP 98.

 

DCP 16 – Kingsford Commercial Centre restricts the density on sites with a site area of less than 800m2 to 1.5:1. The aim of this control is to encourage amalgamation of sites. The applicant has advised that they have attempted to negotiate with a neighbour to provide a larger site without success. Council cannot enforce amalgamation of sites and if negotiations between Council owners have taken place and failed then the application to develop the site alone must be considered. In addition, enforcing a lower FSR on this site would likely result in a building that had a lesser scale that would be inconsistent with the scale of existing sites that have been redeveloped to 9 storeys. An FSR of half the statutory standard on this site would result in an irregular streetscape presentation along Anzac Parade which is contrary to current urban design best practice and the desired future character for the commercial centre. The DCP is a policy document that was approved in 1996, two years prior to the gazettal of the statutory LEP. Consequently, the DCP and its provisions have been given less weight in this assessment than the later LEP standards and objectives.

 

The non-compliance with the floor space ratio standard contained in clause 32(3) of the Randwick LEP will not result in significant impacts on adjoining development and therefore street compliance is unnecessary in the circumstances of the case. It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity and will not result in impacts on the availability of parking or traffic infrastructure. It is considered that SEPP 1 objection is well founded and should be supported.

 

9.3     General Urban Design Parameters

 

DCP 16 provides general urban design parameters for development. The parameters include that facades include a high proportion of solid areas to glazed areas in facades and that fenestration should generally be vertical in proportion. The DCP also requires that buildings be constructed from masonry and prescribes requirements for awnings. To the north, the development site adjoins buildings noted as having contributory facades (345-351 Anzac Parade).

 

The building will be constructed from rendered masonry. This complies with the DCP requirement. The existing building on the site has a modern façade that includes a large amount of glazing. The perimeter of the existing elevation at ground and first floor level is comprised of rendered masonry and has a nil setback to the street that continues the predominant alignment in the street. The existing façade has a horizontal emphasis in the fenestration pattern. The proposal provides for a similar ground floor façade treatment to the existing building. The development will increase the area of masonry above ground floor level which is supported, however the entire eastern elevation at ground floor level will be constructed of frameless curtain wall glazing. This treatment is proposed across the width of the site at ground floor level, which is setback up to 2.4m. The setback combined with the use of glazing erodes the solidity of the first floor façade to the street. It is considered that the rendered masonry edges of the upper wall should extend down to ground level to improve the relationship of the building to the street and to existing buildings within the streetscape. Deferred Commencement Condition 1 requires that these changes be submitted to Council prior to operation of any consent on the property.

 

At first and second floor level the applicant proposes to use a perforated metal screen over the glazing and spandrel panels with an applied photographic finish of a swimmer diving into a pool. This will further increase the solidity of the façade in accordance with the DCP. The graphic has a horizontal orientation which does not fulfil the DCP requirement for vertical fenestration, however the adjoining contributory facades (367-373 Anzac Parade) have been designed with vertical proportions at either end of a building which has horizontal emphasis. The horizontal fenestration pattern will relate to the central portion of this building.

 

The development is less than 12 metres high at the street alignment. This is contrary to the DCP requirements. The 12 metre height limit is not considered to be appropriate in this instance given that the adjoining contributory buildings are less than 12 metres in height. The masonry balustrading to the third floor of the proposal is approximately 300mm short of the parapet of the adjoining contributory building. The applicant has used metal balustrading to the height of the adjoining parapet. This treatment is considered to detract from the parapet and streetscape presentation of the adjoining building and therefore Deferred Commencement Condition 2 has been proposed requiring the balustrading to be constructed of rendered masonry to provide continuity with the adjoining contributory building and reinforce the presentation of this building to the street.

 

The building has been designed to have a clear base, middle and top and the delineation of the building into these parts relates to the retail, commercial and residential portions of the building. The elevation of the upper, residential floors has been broken into two primary sections vertically to achieve the vertical emphasis required under DCP 16. Although the fenestration and balconies proposed have a horizontal orientation, vertical elements in the façade take precedence and break these horizontal lines to provide a predominantly vertical emphasis.

 

An awning has been provided along the front of the building. The awning has been broken into three parts, one to the northern and one to the southern end of the site and a central piece that has a ‘butterfly’ roof form that gives emphasis to the building entry. The three awning pieces are all set at different levels above the street. The proposed awning is considered to be very disruptive in the streetscape and is contrary to the principle of continuous awnings in commercial centres and the DCP requirement for ‘flat’ awnings. The awning is not setback the required 600mm from the kerb and is up to 300mm lower than the minimum height requirement above the footpath. As part of the refinements to the ground floor, the awning is to be redesigned to be a straight awning in keeping with the remainder of the street and is to be a minimum of 3.5 metres from street level (see Deferred Commencement Condition 3). In order to highlight the building entry the condition allows that the short, monopitch profile of the butterfly roof shown on the plans may be kept as a single element, but it is to join up with the remainder of the straight awning to ensure continuity with adjoining properties.

 

The design of the building has been the subject of discussions between Council officers, the applicant and the Design Review Panel at prelodgement stage and throughout the DA assessment process. The design has progressed and is now considered appropriate to the existing and desired future character of Kingsford.

 

The contemporary design of the proposal has considered existing development and (subject to compliance with proposed conditions) will make a positive contribution to the mixed character of the area.

 

9.4     Building Setbacks

 

DCP 16- Kingsford Commercial Centre requires a nil setback to the front boundary and side setbacks of 6 metres, where a wall exceeds 12 metres in height, except where site width makes setbacks impractical. The site has a width of 13.395 metres. Compliance with the side setbacks of 6 metres would leave a 2 metre strip of developable land in the middle of the site. This is impractical given the FSR and height standards for the site. The lack of side setbacks on upper floors is not considered to result in any negative impacts on adjoining properties or the street. Due to the location of the site in a commercial centre, the nil setbacks to the northern and southern side boundaries are appropriate. It is likely that future development will also be built with a nil setback to the side boundaries and form a continuous street wall in accordance with best urban design practice for commercial centres.

 

The glazing line of the existing building on the site is setback from the street alignment at ground floor level approximately 1.4 metres. The setback is occupied by stairs. Despite the setback, the solid masonry framing around the glazing has a nil setback to the street and gives the impression of a building built to the street alignment (see photo below). The original plans provided by the applicant continued this treatment to the ground level elevation. In the amended plans, the masonry framing to the ground floor has been removed and the glazing line curved to create a setback of up to 2.4 metres from the from boundary. A column has been introduced and the amount of glazing in the ground floor elevation increased. In order to address the potential for flooding two stairs have been incorporated into the setback. This treatment is not considered to be consistent with the existing situation, nor with the desired outcome for ground floor commercial suites in business zones. Flooding and flood levels have affected buildings on many sites in Randwick City and generally the use of stairs along the entire frontage is discouraged as they reduce the interaction of the building with the street. Deferred Commencement Condition 1 requires that the front elevation of the ground floor be redesigned to be more consistent with best design practice and also to increase consistency with the masonry character of the first floor level of the building.

 

Above: The existing glazing is setback from the street, however masonry framing holds the street alignment.

 

The proposal generally complies with the building envelope controls set by DCP 16. The exception being the height of the proposal at over 24 metres and the lack of a nil setback to the street at ground floor level. The height of the proposal has been discussed in detail in Section 9.1 of this report and is considered acceptable. Deferred Commencement Condition 1 requires that the ground floor of the building be redesigned to provide a nil setback. This will achieve the ground floor building envelope requirements of the DCP.

 

The development, subject to compliance with all conditions of consent, is satisfactory with regard to building setbacks.

 

9.5     Landscaping and Private Open Space

 

The development provides 241m2 of the site area as an elevated landscape podium. The podium has been treated with landscaped planter boxes and a lap pool (20m long) and has been located adjacent to internal common areas to provide a consolidated area of common amenities for residents. There is no statutory requirement for landscaping in the 3(a) zone. DCP 16 requires 10m2 per unit for common area. The development provides in excess of 300m2 of internal and external common areas. A minimum of two balconies per unit are also provided and these balconies have a depth and overall area that achieves the minimum requirements under the Residential Flat Design Code.

 

Council’s Landscape Officer has noted a tree adjacent to the site covered by Council’s Tree Preservation Order. Approval for removal of this tree will be required prior to operation of the consent (see Deferred Commencement Condition 5). Council’s Landscape Officer has reviewed all trees within the site boundaries and suggested appropriate conditions regarding their removal (refer to conditions 147-150).

 

The development, subject to conditions is satisfactory with regard to landscaping and private open space.

 

9.6     Privacy

 

Living areas and balconies to the development are oriented to the street and rear boundaries, rather than towards adjoining properties. The proposal benefits from the lack of residential development in the vicinity of the site. The western elevation of the building which faces existing residential properties across Houston Lane is setback over 20 metres from the rear boundary of the site. This is in excess of the 9-12 metres separation generally considered adequate to protect privacy. The development will not impact on the visual privacy of the residential properties to the west.

 

Balconies to the rear of the development are setback 1.2 metres from the northern and southern side boundaries. At present, these balconies will not result in significant visual privacy impacts to adjoining properties which are used for commercial purposes. The zoning of these sites allows for medium-rise mixed use development. It is likely that redevelopment of adjacent sites will occur in future in a similar form to this proposal. The balconies to the rear of the site are attached to bedrooms and are 1.6 metres in width. These secondary balconies are unlikely to cause significant privacy impacts to adjoining properties, should they be redeveloped in the future.

 

The development has incorporated features to mitigate privacy impacts and meets Council’s general performance requirements and preferred solutions with regard to residential privacy.

 

9.7     View Sharing

 

There are no substantial view and outlook opportunities from the site as it is low lying. The development will not restrict views nor outlook from surrounding properties. District outlook from the development will be achieved to the east and west from the upper levels of the building.

 

The development is satisfactory with regard to view and outlook sharing.

 

9.8     Solar Access and Energy Efficiency

 

DCP 16 – Kingsford Commercial Centre does not provide controls with respect to energy efficiency. SEPP 65 requires assessment against the principles of energy efficiency. The Design Review Panel provided comment in relation to energy efficiency and suggestions for improving the thermal performance of the building. The amended plans include shading to the eastern elevation and changed glazing to low emissivity glass to address the Panel’s concerns and improve the energy efficiency of the development. The layout of the building with a central circulation core and dual aspect apartments allows for the provision of operable windows to habitable rooms and encourages passive ventilation to all units in accordance with ESD principles.

 

The development will not overshadow residential properties to the rear of the site between midday and 3pm, midwinter. Three hours of solar access will be maintained to these properties as per Council’s standards for residential properties. The proposal will overshadow properties to the south of the site between midday and 3pm midwinter. These properties front Anzac Parade and are also located within the Kingsford Commercial Centre and may be redeveloped in future to a similar scale and form as this proposal. These sites are currently commercial (some with a small component of residential) and will not be significantly affected by the overshadowing caused by the building. The orientation of the sites in this part of Kingsford and the desired future character of the area for medium rise buildings means that some overshadowing is inevitable. The additional shadow to these sites will not significantly affect the future development potential of these sites, nor the amenity of future residential units if these sites are redeveloped as they will have an east-west orientation and will still achieve adequate solar access.

 

The common open space in the form of a roof terrace will receive sunlight between 12pm and 3pm midwinter. This meets Council’s general requirements for external open space of residential development.

 

The applicant has submitted a NatHERS report of the dwellings in the proposed development, which shows that all dwellings achieve minimum rating of 3.5-5 stars. These ratings meet Council’s minimum requirements for residential development.

 

Standard conditions relating to energy efficiency and reducing water use have been applied in the Recommendation section of this report (see Conditions 22-27). The proposal is considered acceptable in relation to solar access and energy efficiency.

 

9.9     Safety and Security

 

The development meets the requirements of SEPP 65 with regard to safety and security. Amendments made to the plans have improved the safety and security aspects of the development. A single point of entry is provided to the development and an intercom system is provided for accessing the parking areas. Lobbies are provided to the office suites. The development will also make a contribution to the security of the public domain, by providing windows to overlook Houston Lane and surrounds and balconies that overlook both street frontages of Anzac Parade and Houston Lane.

 

The development meets the safety and security requirements of SEPP 65 and general security principles as outlined in Council’s Multi-Unit Housing DCP.

 

9.10   Parking

 

The proposal does not comply with the number of spaces required under the DCP – Parking. The development meets Council’s requirements with regard to resident and visitor car parking and bicycle parking provision. The development will result in a deficiency of two commercial car spaces. This is not considered to be a significant deficiency given the proximity of the site to local public transport links and links to the City. It is considered that the majority of staff coming to this central location would travel by public transport. The 15 commercial spaces included in the basement will provide adequate staff parking and should accommodate staff who will be traveling to work by private vehicle. To offset the impact of the development on public parking, a contribution under Council’s Section 94 Contributions Plan has also be levied (see Condition 28).

 

The development proposes the use of a car lift to provide access between levels. Such devices are not encouraged by Council but can be accepted, subject to conditions where groundwater or other site constraints limit the options for provision of parking. The narrowness of the site means that installing a car lift increases the number of spaces able to be provided on the site. Appropriate conditions have been imposed to ensure the car lift operates efficiently and safely (see Conditions 2-8).

 

The driveway width and gradient proposed from Houston Lane meets Council’s requirements. Council’s Traffic and Parking Engineer has commented on the proposal and suggested appropriate conditions of consent (see Conditions 97- 102), including condition 95 relating to pedestrian safety.

 

The development is considered to be satisfactory with regard to parking provision.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The SEPP 1 objections lodged with respect to the non compliance of the development with the maximum height and floor space ratio standards under RLEP98 are considered to be well founded in the circumstances.

 

It is considered that the proposed building is appropriate on the site given the desired future character of the area, the objectives contained within SEPP 65, RLEP98 and the relevant requirements of DCP 16- Kingsford Commercial Centre. The development proposes a building envelope, height and façade treatment that generally meet the criteria and fulfil these objectives.

 

The proposal will not have a significant impact on surrounding properties and the non-compliances with statutory and policy controls will not exacerbate impacts. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with clauses 32(3) and 33(5) of the Randwick Local Environmental Plan 1998 (as amended) relating to floor space and height on the grounds that the proposed development is consistent with the objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Infrastructure Planning & Natural Resources be advised accordingly.

 

AND

 

B.      THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/0735/2004 for the Demolition of existing structures on the site and construction of new 9 storey mixed use development comprising 7 residential units, 2 commercial tenancies and 3 office suites and associated parking for 26 vehicles and swimming pool  at 353-355 Anzac Parade, Kingsford 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 following changes are required to the ground floor plan:

 

§  The masonry northern and southern boundary walls are to be extended to the eastern boundary and returned along the eastern boundary for a distance of 1.2 metres to match the return on the first floor level.

§  The glazing line (comprised of operable glass doors) to the eastern elevation of the larger commercial tenancy on ground floor level is to have a nil setback to the street, except at the northern end of this tenancy where the main doorway and entry stairs occur. A solid masonry wall to match the remainder of the elevation is to be used between footpath level and the flood level of RL19.60 where the glazing line is brought forward.

§  The wall adjacent to the entry stairs of the larger tenancy is to be extended to have a nil setback to the eastern boundary.

 

This condition is imposed to ensure the continuity of street alignment in Anzac Parade and fulfil the objectives in relation to streetscape and urban design under the DCP 16.

 

2.       The metal balustrading to the east facing terrace adjacent the office suite on third floor level is to be deleted in favour of masonry balustrading to the height of the parapet to the southern end of the adjoining building to the north (approximately RL 29.60).

 

This condition is imposed to improve the relationship of the development to the buildings to the north of the site which are noted as being contributory in DCP 16.

 

3.       The ground floor awning to Anzac Parade is to be setback 600mm from the kerb and the underside of the awning is to be a minimum of 3.5 metres above footpath level. The awning is to be straight, however in order to highlight the main building entry, the short, monopitch profile of the butterfly roof shown on the DA plans may be kept as a single element, but is to join up with the remainder of the straight awning to provide continuous cover to the street.

 

This condition is imposed to maintain the streetscape and ensure the awning complies with the established criteria for awnings under Council’s policies.

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) including the coloured graphic to be applied to the first and second floor facades are to be submitted to and approved by Council’s Director of Planning & Community Development.

 

5.       Prior to this consent becoming operational, the applicant shall obtain written consent from the owner of the adjoining property to the south (357 Anzac Parade), for the removal of the Ailanthus altissima (Tree of Heaven) located against the common boundary in the rear of the site. Removal of this tree (if agreed) is to be at the applicant’s cost.

 

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 A102g-A103g, A201g-A204g, A401e and A403b, dated 03/02/05 in the amendments box and stamped received by Council on 3 February 2005, and drawings numbered A101k, A205j and A 404b dated 18/03/05 in the amendments box and stamped received by Council on 18 March 2005, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

2.       An inspection and maintenance schedule for the car lift shall be prepared in consultation with the car lift manufacturer. A copy of the schedule is to be included in the documentation submitted for the construction certificate.

 

3.       The car lift shall be inspected and maintained in accordance with the approved schedule.

 

4.       Any future strata management statement or building management statement shall incorporate the inspection and maintenance schedule for the car lift.

 

5.       Training of all residents in the use of the car lift shall be required as part of any future strata management statement or building management statement.

 

6.       All caretakers shall be trained in the operation of the car lift and a contact number for the caretaker should be provided adjacent to the lift should users require assistance.

 

7.       Manufacturer specifications and instructions for operation of the car lift shall be provided in a clearly visible location adjacent to the car lift.

 

8.       The car lift shall have a manual over-ride system for operation in the event of power/mechanical failure.

 

9.       Metal roof sheeting is to be painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment.

 

10.     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.

 

11.     External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

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

 

13.     No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

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

 

15.     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.

 

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

 

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

 

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

 

18.     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.

 

19.     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.

 

20.     All signage and advertising must be in accordance with Council’s Development Control Plan for Outdoor Advertising and development consent must be obtained for all signage and advertising in accordance with Council’s Local Environmental Plan 1998.

 

             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.

 

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

 

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

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     The hot water system installed in the development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s Energy Smart Homes Policy.  Any electric clothes dryers to be provided in the development must also have a minimum 2 star energy rating.

 

26.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

          Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.  Details of the proposed landscaping, including plant species and paved areas are to be included with the construction certificate application.

 

27.     A rainwater tank, of sufficient size to provide water for irrigation of all landscaped areas within the development, including the proposed swimming pool is to be provided to the development in accordance with Council’s Rainwater Tank Policy

 

          The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate and landscape plans, to the satisfaction of the Certifying Authority.

 

          The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

The following condition is applied to satisfy the increased demand for public amenities and public services:

 

28.     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                                                        $13,489.28

b)         for the provision or improvement of community facilities                                         $  5,964.32

c)         for townscape improvements                                                                                         $22,286.67

d)         for car parking                                                                                                                   $13,230.00

 

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

 

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

 

29.     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.

 

30.     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.

 

          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.

31.     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.

 

32.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in 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.

 

33.     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”.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

         

38.     A coloured works-as-executed fire services plan is to be submitted to the Council prior to occupation of the development, detailing the location of the essential fire safety measures installed within the building premises.

 

39.        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:

 

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

 

41.     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.

 

42.     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.

 

43.     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:

 

a)       all of the premises adjoining the subject site.

b)      footpaths and roads immediately adjacent to the premises.

 

          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.

 

44.     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.

 

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

 

46.     A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering process.  This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·        The proposed method of shoring/piling and dewatering.

·        The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and requirements of the Department of Environment & Conservation (Formerly DLWC) are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·        The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        A report is to be provided from a suitably qualified and experienced Geotechnical and Hydrological Engineers, with the concurrence of the Structural Engineer, which confirms the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement of the adjoining or nearby buildings. Any practices or recommendations made by the consulting Engineer/s must be implemented accordingly.

 

          The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

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:

 

47.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991. The Demolition of Structures, as in Force at 1 July 1993 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

48.        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”.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.        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.

 

53.        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.

 

54.        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.

 

55.        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.

 

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

 

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

 

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

 

a)         Prior to construction of the footings (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks.

 

b)         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 constructed at the approved levels.

 

c)         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.

 

58.     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.

 

59.        Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

             The roadway and footpath 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.

 

60.        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.

 

61.        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.

 

62.        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.

 

63.        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.

 

64.        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 soil and 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.

 

65.        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.

 

66.        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.

 

67.        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.

 

68.        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.

 

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

 

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

 

             Hoarding or fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

             The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

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

 

70.        If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

             If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

             The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

             The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

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

 

71.     A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·        any works or hoisting of materials over a public footway or adjoining premises, or

·        any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

             The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

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

 

72.        Temporary hoardings or fences and public access are required to be designed in accordance with the following requirements (as applicable):

 

·           The hoarding/fence is required to be structurally adequate, and be constructed of plywood sheeting, painted white or cyclone wire fencing material with geotextile fabric attached to the inside of the fence to provide dust control.  The hoarding/fence is to be maintained in good condition at all times.

·           The hoarding/fencing is required to be constructed at a minimum height of 1.8 metres.

·           A path of travel having a minimum width of 1.5m is to be maintained across the front of the site and safe pedestrian access is to be provided at all times

·           Hoardings and fences are not to obstruct access for services including fire services.

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

·           Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

·           The hoarding/fence is to be provided with reflective barricades, lights or other devices, to provide adequate warning to pedestrians and motorists.

·           The hoarding/fence is to be constructed so that it will not obstruct the view of motorists, pedestrians or traffic lights.

·           Site access gates to the site shall not open over the footway/road.

·           The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council prior to the construction of any hoarding/fence upon the road reserve/footway.

·           Geotextile fabric or other suitable material is to be provided to the perimeter of any scaffolding during construction, to prevent any articles from falling to a public place or adjoining premises.

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

 

73.        ‘B’ Class’ overhead type hoardings and public access are required to be designed in accordance with the following requirements (as applicable).

 

·           The hoarding is to be designed so that the wind loads comply with AS1170.2.  Superimposed loads from site sheds and materials not to exceed 40% of the design live loads.  The structure should have a factor of safety of 1.5 against overturning and 2 against sliding.

·           Footings to the hoarding are to be located and designed so as not to have an adverse affect upon underground services or the like.  The hoarding is to be able to withstand a vehicle impact and removal of any one column anywhere in the structure and a minimum length of 2m of wall supporting the deck on any one side supporting the structure is required.

·           Metal parts of the hoarding or associated structures to be not less than 4m from any power line, transmission line or transmission apparatus or 1.5m from part for non conductive materials, such as timber.

·           Adequate artificial lighting is to be provided to the hoarding.

·           A suitable system of buffer railing or barriers, particularly at locations such as an intersection or sharp bend.

·           A minimum overhead clearance of 2.2m is to be provided below the hoarding.

·           The street side of the hoarding is to be open for at least 2/3 of its full height for the length of the structure to prevent a tunnel effect.

·           Waterproofing of the deck above the footway is required to be provided and adequate provisions are to be made for the disposal of stormwater.

·           The hoarding is to be painted white or other light colour acceptable to Council.

·           Site sheds or accommodation located on top of a hoarding within a designated crane area or where materials are being lifted over are required to sustain a 10Kpa load and a protective fence and handrails are to be provided.

·           The hoarding is to be erected and maintained fully in accordance with the requirements of Work Cover New South Wales.

·           Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

·           A certificate of structural adequacy prepared by a professional engineer is to be submitted to the certifying authority upon installation (and a copy of the certificate is to be forwarded to the Council if it is not the certifying authority) certifying the structural adequacy of the hoarding and compliance with Councils conditions of consent and relevant requirements of WorkCover New South Wales.

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

 

74.     In addition to the matters contained in the Environmental Planning and Assessment Regulation 2000, the following matters are to be completed in accordance with the terms and conditions of this development consent, prior to the occupation of the building:

 

a)       car parking and vehicular access

b)      landscaping

c)       stormwater drainage

d)      external finishes and materials

e)       swimming pool safety fencing/barriers and acoustic enclosure to pool equipment

 

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

 

75.        Access and facilities for people with disabilities must be provided in accordance with the relevant provisions of the Building Code of Australia.

 

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

 

76.        Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·           New South Wales Occupational Health and Safety Act, 2000;

·           The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

·           The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

·           Protection Of the Environment Operations Act 1997 (NSW) and

·           Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

77.        Any odours from excavated materials shall be mitigated by the use of an odour suppressant, such as Biosolve, and shall not give rise to an offensive odour as defined in the Protection of the Environment Operations Act 1997. Stockpiles shall also be covered and dampened down to reduce odour and dust impacts.

 

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

 

79.        Prior to the commencement of works adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

80.        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 & Safety Act (2000) & Regulations (2001).

 

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:

 

81.        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.

 

          The project specific criteria for noise emissions shall be in accordance with the acoustical report dated 25 January 2005, prepared by Acoustic Logic Consultancy, when measured at the nearest affected boundary:

 

 

Day (7am – 10pm)

Evening (6pm – 10pm)

Night (10pm – 7am)

51 LAeq (15mins)

50 LAeq (15mins)

45 LAeq (15mins)

 

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

 

83.        Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

84.        The operation of swimming pool/spa pool pump and equipment is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the equipment shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

·        before 8.00am or after 8.00pm on any Sunday or public holiday; or

·        before 7.00am or after 8.00pm on any other day.

 

85.        A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the:

 

§  Protection of the Environment Operations Act 1997;

§  NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy,

§  Conditions of Council’s approval; and

§  The acoustic report prepared by Acoustic Logic Consultancy dated 25 January 2005.

 

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:

 

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

 

87.        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.

 

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

 

89.        The location and height of the discharge of mechanical ventilation systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be provided in the relevant plans / specifications for the construction certificate.

 

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

 

90.        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.

 

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

 

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

 

a)       Construct two heavy duty concrete vehicular crossings and laybacks at kerb opposite the proposed vehicular entrances to the site in Houston Lane.

 

b)      Remove any redundant concrete vehicular crossings and laybacks and to reinstate the area with concrete footpath and integral kerb and gutter to Council's specification.

 

c)       Reconstruct any damaged sections of kerb and gutter along both site frontages (except opposite the vehicular entrance and exit points).

 

d)      Construct a full width concrete footpath along the full site frontage in Houston Lane. Note: The site frontage includes the 1.0 metre wide road dedication.

 

e)       Reconstruct the Anzac Parade site frontage, in accordance with Council’s Urban Design Guidelines for Kingsford Commercial Centre.  Note: This may include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786

 

92.        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.

 

93.        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.

 

94.        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.

 

95.        The applicant shall submit to Council for approval, details from a suitably qualified traffic engineer detailing how it is proposed to ensure that the development will not compromise pedestrian safety in Houston Lane. The documentation shall clearly show how adequate sight lines will be provided for vehicles exiting the site.

 

Note: All proposed works/measures required to ensure pedestrian safety must be located wholly within the property.

 

Details are to be submitted to Council prior to the issue of a Construction Certificate. This condition is imposed to ensure that the development will not compromise pedestrian safety in Houston Lane.

96.        Prior to the issuing of an occupation certificate, the applicant shall dedicate to Council a minimum 1.00 metre strip of land along the full site frontage in Houston Lane. The applicant shall meet all costs associated with the dedication.

 

          Note: No portion of the development (including basement structures and/or eaves overhang) shall encroach into the dedication.

 

97.        The internal access driveways must be designed and constructed to match the alignment level at the property boundary (as specified by Council) and the driveways must be designed in accordance with AS2890.1:2004.

 

          A longitudinal section of each driveway must be provided with the construction certificate plans, at a scale of 1:20 along the centreline of each driveway. The sections shall demonstrate compliance with the Council issued alignment level at the property boundary, together with satisfactory ramp grades (and transitions) in accordance with AS 2890.1 (2004).

 

98.        A Works Zone is to be provided in Houston Lane 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.

 

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

 

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

 

·        Anzac Parade site frontage: Match the back of the existing footpath along the full site frontage.

 

·        Houston lane site frontage: 150mm above the gutter invert along the full site frontage

 

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

 

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

 

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

 

101.      The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $885 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.

 

102.      The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular/pedestrian accesses.

 

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

 

103.      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.

 

104.      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.

 

105.      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.

 

106.      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.

 

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

 

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

 

          The Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

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

 

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

 

108.      The floor level of all habitable and storage areas shall be at a minimum RL of 26.60 (AHD) or suitably waterproofed up to this same level.

 

109.      The proposed southern internal driveway must be designed with a high point at least 50 mm above the issued alignment level (that is, 200mm above the gutter invert in Houston Lane). The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

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

 

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

 

111.      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.

 

112.      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.

 

113.      All site stormwater must be discharged (by gravity) to either:

 

a)       The kerb and gutter or drainage system at the front the property; OR

b)      A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

114.      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.

 

115.      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.

 

116.      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.

 

117.      The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

118.      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

 

119.      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.

 

120.      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 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).

 

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

 

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

 

123.      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.

 

124.      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.

 

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

 

Notes:

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

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

 

126.      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 Saturday 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.

 

127.      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).

 

128.      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.

 

129.      Should groundwater/seepage water be encountered within the depth of the basement excavation, the basement carpark is to be suitably tanked and waterproofed. If tanking is required, a Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

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

 

130.      Should dewatering be required at any point during the excavation, the applicant shall contact the Department of Infrastructure Planning and Natural Resources (DIPNR) to obtain a temporary dewatering license.

 

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

 

131.      The residential garbage room shall be sized to contain the compactor (with safe working area) plus an additional 6 x 240 litre bins (2 garbage bins & 4 recycle bins). The compactor system shall be managed by a caretaker and shall be located in an area that is not accessible by residents. The recycling bins and at least 1 x 240 litre garbage bins shall be located outside of the compactor zone in an area that is accessible by residents.

 

132.      Recyclable wastes shall not be compacted.

 

133.      The compactor shall operate with a compaction ratio of 2:1.

 

134.      The commercial/retail garbage area shall be sized to contain at least 7 x 240 litre bins (comprising 2 garbage bins & 5 recycle bins) whilst providing satisfactory access to these bins.

 

135.      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.

 

136.      The garbage storage areas are to be clearly signposted.

 

137.      All bins shall be transferred to Houston lane for collection in accordance with the details submitted to satisfy deferred commencement condition 0.

 

138.      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.

 

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

 

The Waste Management Plan is also to detail how it is proposed to safely transfer bins (with compacted garbage) from the ground floor level to the kerb for collection. This condition is required as the proposed ramp grades (1:5) appear too steep for a caretaker to manually wheel the full bins up to Houston Lane.

 

139.      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.

 

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

 

140.      The landscaped areas shown on the plan number LO1, prepared by Angela Lober Landscape Designs, dated August 2004, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority (PCA) prior to the issue of a construction certificate. If Council is not the PCA for this site, the applicant will still be required to forward a copy of the approved plans for Council’s records. 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), 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 trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting. 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:

1.      The planters proposed for around the perimeter of the entertaining area will be required to use a species that can provide effective screening to a minimum height of 1 metre.

 

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.

 

Notes:

1.      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.

 

2.      Council’s Landscape Technician is not aware of any species named Merytasinclairii (Puka) as indicated on the plan. As such, the applicant will be required to clarify this selection or provide a suitable alternative.

 

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

 

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

 

141.      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

 

142.      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.

 

143.      The applicant shall submit a landscape design for the Anzac Parade street frontage of the development in accordance with Council’s Urban Design Guidelines for (name of commercial centre). The landscape design shall include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

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

 

          All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

 

          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 Anzac Parade site frontage.

 

144.      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.

 

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

 

146.      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

 

147.      Approval is granted for the removal of the following trees subject to the planting of 2 x 45 litre broad canopied replacement trees (not palms) within the second floor, outdoor entertaining area. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.       Eleven (11) Syagrus romanzoffianum (Cocos Palms) around the perimeter of the existing carpark.

b.       One Brachychiton acerifolius (Flame Tree) along the southern boundary

 

148.      There is one Ailanthus altissima (Tree of Heaven) in the neighbouring property to the south, whose trunk is located immediately adjacent to the common boundary. This tree is deemed an undesirable species due to its invasive properties, and as such, is not covered by Council’s Tree Preservation Order.

 

          The applicant shall organize for the removal of this tree in accordance with deferred commencement condition 5 prior to the commencement of work on the site.

 

149.      A refundable deposit in the form of cash or cheque for the amount of $5,000.00 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.

 

          The contribution shall be paid into Landscaping Bond Code R41 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

a)         Part B1                                      -           Structural provisions

b)         Part C1                                      -           Fire resistance and stability

c)         Part C3                                      -           Protection of openings

d)         Clause C3.2&C3.4                   -           Protection of openings in external walls

e)         Clause D1.7                             -           Travel via fire-isolated exits

f)          Part D2                                     -           Construction of exits

g)         Clause D2.4                             -           Separation of rising and descending stair flights

h)         Part E1                                      -           Fire fighting equipment

i)          Part E2                                      -           Smoke Hazard Management

j)          Part E3                                      -           Lift Installations

k)         Part E4                                      -           Emergency lighting, exit signs & warning systems

l)          Part F1                                      -           Damp and weatherproofing

m)        Part F5                                      -           Sound Transmission and Insulation

 

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

 

             You are therefore advised to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER


  

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

15 March, 2005

FILE NO:

04/00971

 

PROPOSAL:

 Alterations and additions to existing dwelling including enlarged ground and first floors, internal reconfiguration of ground and first floors and new pool and rear landscaping.

PROPERTY:

 30-32 Eastbourne Ave, Clovelly

WARD:

 North Ward

APPLICANT:

 Bernard Teh Howell

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Bradley Hughes, Murray Matson, Margaret Woodsmith.

 

The proposed application is for alterations and additions to the existing dwelling including new basement cellar and access, extension of ground floor and internal reconfiguration, removal of existing pool and construction of a new pool, new rear landscaping, expanded first floor and reconfiguration including front and rear decks/terraces. Amended plans have been received which lowered the height of the proposed building, increased side setbacks at the upper level and lowered the roof ridge height.

 

The subject site is located in a 2A zone and contains a part two, part four storey dwelling. The site has a significant fall from the rear to the street. Development in the surrounding area is residential with a scale varying between single storey and four storeys.

 

The proposed development exceeds the floor space ratio and external wall height preferred solutions in the Development Control Plan – Dwelling Houses and Attached Dual Occupancies (DCP) and results in a small degree of view loss to properties to the rear (north). The applicant has demonstrated that on merit, the proposed development is consistent with the bulk and scale of adjacent dwellings and that the view loss impacts are relatively minor.

 

Objections were received to the proposal on the grounds of excessive height, floor space, bulk, scale, envelope as well as view loss, privacy impacts and excessive fence height.

 

The assessment of the application reveals that whilst the proposal does not comply with the numerical height and floor space standards, the proposal is consistent with the scale and bulk of adjacent development, the proposal will not create significant view loss impacts and reasonable levels of privacy can be maintained through appropriate conditions. The proposal provides a high quality design resulting in good internal amenity without adversely impacting upon adjacent and surrounding properties. The proposal generally complies with the objectives and performance requirements of the DCP.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

It is proposed to undertake alterations and additions to the existing dwelling as follows:

 

Basement/Street Level

 

·        New timber panel lift door to garage,

 

·        Internal stairs to be demolished,

 

·        New internal rear hallway, wine cellar, stairs, lift, lobby and lift.

 

 

Subground Floor Level

 

·        Internal reconfiguration of this level to create three bedrooms, bathroom, laundry, lift lobby and lift. Bi-fold doors to the bedrooms are provided that open onto the existing terrace.

 

Ground Floor Plan

 

·        Internal reconfiguration and slight extension at the front (by 1.3m) and rear side (by 4m).

 

·        New boundary fencing is proposed,

 

·        Redesigned level proposing two bedrooms, two living rooms, dining area, kitchen, laundry, sauna, wc, powder, pantry, remove existing pool and build new pool, extensive landscaping at the rear.

 

First floor

 

·        redesign and expansion of the first floor to create a study, retreat, bedroom, ensuite and robe as well as terrace areas.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Eastbourne Ave between Ocean Street and Bruce Lane in Clovelly and is presently occupied by an existing two to four storey dwelling (including garage/parking area).  The site has a frontage width of approximately 12.2m, a side boundary depth of 50 m and has an overall site area of 610.10 sq.m.  Neighbouring the property to the east is a 3 storey dwelling, to the west is a 3 storey dwelling and to the rear are two storey dwellings. The surrounding area is residential in character and consists predominantly of one to four storey dwellings and flats.

 

       

 

28 Eastbourne Ave, west of the subject site.      Subject site from Eastbourne Ave.

 

       

 

34 Eastbourne Ave, east of the subject site.       36 Eastbourne Ave, further to the east.

 

   

 

      Subject site viewed from the ground and first floor of the dwelling at the rear.

 

    

 

Subject site viewed from the ground and first floor of the dwelling to the rear eastern side.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

DA-1985/00217 – Alterations and additions to dwelling – refused 18 Dec – 1985.

 

In response to concerns raised by Council with respect to the height, floor space, bulk, view loss, design and setbacks, the applicant submitted amended plans on 3 February 2005 undertaking the following amendments:

 

·        The width of the first floor addition has been reduced by a total of 2000m (1 metre on each side). This has increased the boundary setbacks at first floor level from the existing 1,322mm and 1,438mm to 2,332mm and 2,438mm accordingly.

 

·        The roof has been revised from a flat roof structure to a traditional pitched roof consistent with the character of the surrounding houses. The height of the roof pitch has been determined by drawing a sight line between the houses on either side.

 

·        The overall height to the underside of the first floor ceiling has been reduced by 850mm in height.

 

·        The reduction of width of the first floor has reduced the gross floor area of the first floor from 112.31 sq.m to 88.05 sq.m (total reduction is 24.26sq.m). This reduction reduces the FSR from 0.61:1 to 0.57:1.

 

5.       COMMUNITY CONSULTATION:

 

The owners of the adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  As a result of this notification, the following submissions were received:

 

Tim and Margaret Cavanough

36 Shackel Avenue

Clovelly  NSW 2031

 

Issue

Comment

View loss of ocean, wedding cake island and headlands

Amended plans resolve view loss issues, see assessment below.

 

 

John and Trudy Grunberger

34 Eastbourne Avenue

Clovelly  NSW  2031

 

Issue

Comment

FSR exceeds maximum permissible

The proposal exceeds the floor space preferred solution. See assessment below.

Proposal exceeds the two storey limit in the zone.

The proposal is already a two to four storey building. The proposal results in a slightly larger top floor. See assessment below.

The proposal exceeds the maximum 9.5m height limit.

The existing building already exceeds the external wall height preferred solution of 7m and the proposed development will result in a partial increase in external wall height in various areas. The exceedance is considered reasonable and consistent with surrounding development, see assessment below.

The sunshade at the front of the dwelling will detract from the character of the street and should be removed.

The streetscape exhibits a variety of modern design interpretations. The proposed development is not inconsistent with this and is considered appropriate.

 

 

Barbara Hart

40 Shackel Avenue

Clovelly  NSW 2031

 

Issue

Comment

 Excessive height, bulk and scale

These matters are addressed in the assessment section of this report.

Design will block the breeze to adjacent dwellings at the rear.

Prevailing breezes in the area are from the south, southeast and east. The separation between the subject dwelling and the adjacent dwellings to the rear is 25 to 30m. The proposed design is slightly larger than the existing design and is unlikely to adversely affect breezes.

Large, ugly building inconsistent with streetscape.

The proposal has been amended and is more consistent with the pattern of development in the area.

Extreme flouting of height limits

Height is addressed in the assessment section.

 

 

Linda and Tino Vella and Helen Sawyer

38 Shackel Avenue

Clovelly  NSW  2031

 

Issue

Comment

Excessive size/bulk of development.

This matter is addressed in the assessment below.

Proposal exceeds floor space by 23%.

This matter is addressed in the assessment below.

Side setbacks don’t comply with the DCP.

This matter is addressed in the assessment below.

Appears the ground line does not follow the existing ground line, thus making the building higher than it needs to be.

The applicant has submitted a site plan showing current RLs and the proposal is consistent with this.

Privacy loss created by new rear windows.

This matter is addressed in the assessment below.

The wall height does not comply with DCP requirements.

This matter is addressed in the assessment below.

Landscaping negates view corridor.

Conditions can be imposed to ensure privacy whilst not losing the view.

Fencing. 4m high fence is excessive.

The proposed fence height can be reduced by a condition of consent.

The floor to floor height of 3.3m is excessive and has a major impact on the bulk and scale and is unwarranted.

The floor to ceiling heights have been lowered in the amended plans and are 2.8m each, effectively reducing the height of the proposal by 500mm. It would be unreasonable to ask for further reductions given this is the normal floor to ceiling height in most dwellings.

 

 

Rae Morgan

28 Eastbourne Avenue

Clovelly  NSW  2031

 

Issue

Comment

FSR exceeds maximum.

The amended plans reduce the floor space to 0.71:1. The proposal still does not comply. See assessment below.

Invasion of privacy to adjacent building to west.

The proposed rear balcony to the upper floor creates overlooking opportunities. A condition will be imposed to limit its size and provide screening to ensure the neighbours' privacy is maintained.

Proposal exceeds maximum height requirement of 9.5m.

This matter is addressed in the assessment below.

 

 

 

 

 

 

 

Judith Kirkwood

34 Shackel Avenue

Clovelly   NSW  2031

 

Issue

Comment

View loss

Plans amended to resolve view loss, see assessment below.

Excessive height and bulk.

See assessment below.

 

 

P J Ohara

32 Shackel Avenue

Clovelly  NSW  2031

 

Issue

Comment

Excessive height

See assessment below.

Bulky appearance and design is inconsistent with the beachside character of the area.

See assessment below.

 

In response to concerns raised by Council with respect to the height, FSR, bulk, view loss, design and setbacks, the applicant submitted amended plans on 3 February 2005 and these amendments were notified for a period of 14 days with the following submissions being received:

 

Judith Kirkwood

34 Shackel Avenue

Clovelly  NSW  2031

 

Issue

Comment

View loss caused by excessive height.

The proposal does not result in significant view loss. See assessment below.

Proposal is too high.

The proposed development is consistent with the height of surrounding buildings. See assessment below.

Privacy problems created by new rear decks/terrace. Deck across the back of the top storey will cause cross viewing on all levels.

The rear deck will result in privacy impacts to adjacent properties and a condition is to be imposed limiting its size and requiring privacy screens to prevent overlooking. See assessment below.

 

 

 

 

 

Barbara Hart

40 Shackel Avenue

Clovelly  NSW 2031

 

Issue

Comment

 Excessive height, bulk and scale

These matters are addressed following.

Design will block the breeze to adjacent dwellings at the rear.

The proposed development is likely to alter the flow of air around the building however it is not considered that this will be to a significant extent and certainly not of a magnitude which would block breezes to the properties to the rear.

Large, ugly building inconsistent with streetscape.

The proposal has been amended and is more consistent with the pattern of development in the area.

Extreme flouting of height limits

Height is assessed below.

 

 

Tim and Margaret Cavanough

36 Shackel Avenue

Clovelly  NSW  2031

 

Issue

Comment

Incorrect plans

The incorrect plans were rectified and shown the objectors.

The height of the roof appears higher than the previous plan

The proposed roof height is to be limited to the height of the existing roof pitch. See assessment below.

House is 4m longer than previous submission.

Whilst the house is slightly longer than the existing dwelling, this is over a small area and results in no impacts to adjacent residents as the separation distance between the proposed building and the buildings to the rear is 25 to 30m See assessment below.

9.5m height line exceeded over 50% of the site.

The preferred solution in the DCP relating to height is the 7m external wall height. There is no 9.5m control. The proposed height is similar to the existing height, however a condition is to be imposed ensuring the proposed development has the same overall height as the existing dwelling. See assessment below.

Privacy problems from rear deck and windows.

A condition is to be imposed limiting the size of the rear deck and providing privacy screens. The rear windows will not result in significant privacy issues given the large separation between the dwellings and the proposed plantings at the rear which aim to screen any overlooking.

Concern that the tree planting height will not be regulated. The height limit of the trees should not be more than 3m.

A condition will be imposed ensuring that appropriate trees are selected so that privacy is maintained whilst views are not lost.

View loss

See assessment below.

Side setback is token and doesn’t improve view.

See assessment below.

Bulk is extremely large

See assessment below.

 

 

Linda and Tino Vella and Helen Sawyer

38 Shackel Avenue

Clovelly  NSW 2031

 

Issue

Comment

Privacy problems created by new rear decks/terrace. Deck across the back of the top storey will cause cross viewing on all levels.

See assessment below.

FSR has been calculated incorrectly and is well over minimum.

The applicant has calculated the FSR incorrectly. See assessment below.

Previous objections still apply.

See assessment below.

Height and bulk, building is too tall. A reasonable height would be that of the current building.

Proposal does not comply with height and FSR preferred solutions. See assessment below.

First floor balcony at rear is unreasonable invasion of privacy.

The impact can be minimised with plantings, screening and reducing the size of the terrace. See assessment below.

Landscaping – planting should be limited to a height of 3m – 3.5m.

A condition can be imposed to ensure this occurs.

 

 

6.       TECHNICAL OFFICERS COMMENTS

 

The application did not require referral to the relevant technical officers.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-        Randwick Local Environmental Plan 1998.

-        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 Residential under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The proposal is consistent with the objectives of the zone, particularly objectives (a), (c) and (d). The proposal will maintain the character of the residential area by keeping the use as a residence. The proposal enables redevelopment for low density housing forms where development does not compromise the amenity of the surrounding residential area and is compatible with the dominant character of existing development in the area. Overall the proposed development is consistent with the objectives of the area.

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes/No

See assessment below.

 

The site is located in the Foreshore Scenic Protection Area. Clause 29 of the RLEP 98 requires Council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore. The proposal is of a scale and form that approximates that of surrounding buildings, the development does not require substantial excavation and will not result in significant changes to the topography of this foreshore location. The materials used have been limited to rendered masonry, glazing and aluminium louvres. The ground floor level of the building is accentuated from the upper floor by a change in setback and this assists in articulating the form of the building as viewed from the foreshore.

 

The proposal is considered to be of high design quality and will not detract from the foreshore location.

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1     Policy Controls

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

 

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance requirements of the DCP if it complies with the corresponding Preferred Solutions. Therefore, the tables below assess the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements.

 

Landscaping

 

 

Preferred Solution

Assessment

S1

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

53.8% or 323.6 sq.m of the site is landscaped area. The rear yard has an area of 231 sq.m and contains a large grassy area, a pool, decking and landscaping. This area is highly usable for passive and active recreation. The proposal readily complies with landscaping requirements. Complies.

S1

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

The rear yard has an area of 231 sqm. Complies

S1

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

The above area has dimensions of 12.2 x 19 metres. Complies.

S1

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

The above area is located in the rear yard. Complies

S6

20% of the total site area has permeable treatment.

23.8 % of the site is permeable. Complies

 

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

 

The proposed development complies with all of the landscaping requirements in the DCP and provides a highly usable and large space located on the northern side of the site which will receive high levels of sunlight. The proposed landscaped area is therefore supported.

 

 

Floor Area

 

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.5:1 applies. 

The proposed FSR is 0.71:1 is 0.21:1 (or 128 sq.m) above the preferred solution. Does not comply – see assessment below.

 

 

The Objectives and Performance Requirements of the DCP are that developments are not excessive in bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

 

The proposed development results in no change to the size of the carpark or the sub-basement area. The proposed changes result in an increase in floor area at the ground floor of 28.2 sq.m – most of this is located over a small area at the rear of the site (ie the ground floor envelope is slightly extended). The front setback of the proposal is in approximate alignment with the adjacent dwelling to the south and the rear setback steps between the two adjacent buildings. The ground floor bulk is not widened and most of it is the same as existing and is consistent with the adjacent buildings. The existing first floor has a length of 19m and a width of 5m with a total area of 75.16 sq.m and contains two bedrooms and a bathroom. The proposed expansion to this level reduces the length to 16m and increases the width to 7.5m resulting in a total floor area of 120 sq.m or 45 sqm more than the current building. This upper level is set in from the sides, has a low pitched roof and is shorter in length but slightly larger in width than the existing level. The upper level envelope is therefore greater than that existing in terms of area however it does not appear as a bulky addition and has a lesser envelope than the upper levels of the two adjacent buildings. Whilst the proposed floor space significantly exceeds the FSR preferred solution, the bulk is not inconsistent with the adjacent buildings and will not appear as the dominant element in the street or uncharacteristic in terms of its footprint. The front, rear and side setbacks are all consistent with adjacent buildings and the height non-compliance occurs over a short area at the front of the site due to the fall in land height (as discussed following). It is important to note that 60sq.m of floor area, (ie nearly half of the FSR exceedance) lies in the garage, the basement wine cellar and store located behind it. This floor space adds no additional visible bulk to the street and much of it is existing floor area. The proposed FSR is therefore not considered unreasonable and will not generate excessive and uncharacteristic bulk or adverse amenity impacts to adjacent residents, subject to conditions improving both privacy and view loss.

 

Height, Form & Materials

 

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 9.5 metres. Does not comply – see assessment below

S1

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

Proposed rear external wall height is 3.5m, complies.

S3

Cut or fill does not exceed 1m.

It is proposed to lower the ground height slightly in the middle of the site at the side by about 0.5m.

 

 

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

The relevant Performance Requirements are that the height of buildings should relate to those in the existing streetscape and the topography; buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets; with respect to additions to semi-detached dwellings they integrate with the attached dwelling; and views are shared.

 

The proposed development varies in height from the front to the rear of the site as there is a 7m fall in land height from the middle of the site to the front of the site. The proposed external wall height at the rear of the site is 3.5m rising to 6m where the upper level begins. The external wall height of the upper level varies between 6m and 9.5m. The non compliance occurs at the front half of the building and varies between 0.5m to 2.5m. The roof ridge of the proposed dwelling has an RL of 28.00 which is 1.45m higher than the roof ridge of the dwelling to the west, 0.79m lower than the roof ridge of the dwelling to the east and 0.65m higher than the existing building. The floor to ceiling height of the ground and upper levels is 2.8m each.

 

The applicant submits that “the proposed height is generally within the 9.5m height limit with only a slight non compliance at the front of the building over the allowable limit, as result of the slope of the land. The proposal is within the same height of the existing house taking into account the pitch of the existing roof”. The proposed development has a pitched roof that sits slightly higher than the existing pitch. It appears that this is not necessary as the lift does not require a large motor room. It is considered that the overall height of the building can be reduced by approximately 650mm so that the ridgeline of the proposed development is the same as the existing ridge RL (at RL 27.35). The internal floor to ceiling heights are only 2.8m and as such there is little scope to reduce them any further given the bulk and height of the building is relatively consistent with adjacent buildings. The reduction in height will also reduce view loss impacts. This can be achieved by a deferred commencement condition.

 

The height of the proposed building at street level would be the same as the existing building with the changes outlined above. The upper level is setback 2.5m from the ground floor which reduces the visual bulk of the alterations at street level.

It is considered that the proposed height is reasonable subject to minor changes which can be imposed as conditions.

 

 

 

Building Setbacks

 

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back 6.5 metres from the front boundary and is consistent with the setbacks of adjoining dwellings. Complies.

S2

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

The proposed dwelling is 18.9 metres from the rear boundary. Complies.

S3

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

The proposed development is set back 0.9 metres to 1.5m from the side boundaries. Complies and is consistent with adjacent setbacks.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 2.3 metres from the side boundaries. Complies.

 

 

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

 

The proposed development is consistent with the setback requirements of the DCP and the setbacks of adjacent buildings. The proposed setbacks provide uniformity and good separation that enables adequate light and ventilation between buildings.

 

Visual & Acoustic Privacy

 

 

Preferred Solution

Assessment

S1

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

The proposal does not have any habitable room windows that overlook those of adjoining dwellings within 9 metres. The upper floor eastern facade has no windows at all and the western façade has a single flat horizontal window with frosted glass. Complies.

S1

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

The first floor rear deck faces the rear yard areas and living rooms of the adjoining properties to the north which are located approx 25 to 30m away. Complies. Tree plantings are proposed in the rear yard to give privacy from neighbours to the rear.

 

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.

 

There is a 25m to 30m separation between the proposed development and the adjacent rear neighbouring properties. There is also an existing situation of cross viewing between properties given the buildings to the rear are on higher ground and all contain balconies attempting to maximise the view to the south, therefore resulting in significant overlooking. The existing upper level rear bedroom faces the subject neighbouring properties and therefore privacy to this room is not available. The proposed development shows a study and a bathroom located in this position. These rooms would not be used as frequently as the areas at ground level such as the living room. The rear deck has an awkward shape and generates privacy issues to both itself and the neighbours, particularly the adjacent residents to the east and west. It is considered that this deck should be reduced in size to enable light and ventilation to the study as well as perhaps two chairs. Conditions can be imposed restricting the size of the balcony.

 

The proposed landscaping at the rear is provided to ensure privacy is maintained to the residents.  This is supported however should not be at the expense of views. A condition will be imposed with respect to plantings at the rear so that species selected will grow to a reasonable height which enables privacy whilst not affecting the view (i.e. 3 – 4m high plants).

 

Safety & Security

 

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

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

 
The proposed development provides a high degree of security and cross surveillance in accordance with the provisions of the DCP.

 

Garages & Driveways

 

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 3 cars. Complies.

S1

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

The dimensions of the parking spaces are 5.5m x 2.5m. Complies.

S1

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

The existing driveway is 3 metres wide and is sited on the front boundary. No alterations proposed to existing parking situation.

S1

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

The proposed driveway is 3 metres at the front boundary. Complies.

S1

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

The proposed driveway gradient is less than 1 in 8. Complies.

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

Not applicable.

S2

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

The proposed garage occupies about 66 % of the width of the site frontage. Does not comply – see assessment below.

 

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

 

The streetscape has many other examples of full width garages with dwellings sited above. The proposed development is consistent with the character of the streetscape and is therefore acceptable.

 

Fences

 

Generally, the Objectives and Performance Requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

The proposed side fences are to be restricted to a height of 1.8m. In places they appear higher which would create unreasonably bulky fencing. A condition is to be imposed ensuring the fences are appropriate.

 

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.

Complies

P3

Stepped buildings on sloping sites are articulated.

Not applicable.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Building is set in on the upper level and the roof is flattened. Minor view loss results. View loss not significant, however assessed below.

P5

Ancillary structures do not detract from the appearance of developments.

Not applicable.

 

The impact of the proposal to the foreshore area is considered to be minor and the proposal will be consistent with adjacent buildings and will not result in adverse visual impacts.

 

View Sharing.

 

The DCP outlines the following principles with respect to view sharing:

 

Under P6 of the performance requirements for height, form and materials in the DCP, “buildings are designed to allow a sharing of views”.

 

Under P4 of the performance requirements for foreshore development in the DCP, “buildings incorporate sufficient setbacks to allow planting and a fair sharing of view”.

 

As the DCP does not provide a method for view impact analysis, the view sharing principles provided by Commissioner Roseth as a result of Tenacity Consulting vs Warringah Council in the land and environment court will be applied. The assessment uses four steps.

 

Step 1 – Assessment of views affected. Water views are valued more highly than land views. Iconic views (eg the Opera House, Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one which it is obscured.

 

The properties to the rear which are affected by the proposal have partial views at ground level of the ocean, Wedding Cake Island, the coastline towards Coogee and Maroubra and the suburbs to the south. Whilst the view has some icons within it, it is considered to be only a part view rather than a whole view as the outlook is consistently broken or blocked by the roof pitches and upper levels of properties to the southeast, south and southwest. Notwithstanding this, the amended design of the proposal and a condition to reduce the roof ridge to the same as existing would maintain most of these views of the ocean, coastline, and suburbs. From the upper level of the dwellings to the rear, the view is considered to be a full view and a more significant view than the ground floor. Views from these levels are comprehensive and range for about 180 degrees, encompassing the whole coastline to the south, Wedding Cake Island, Gordons Bay and part of Clovelly. The proposed development would have an extremely minor impact to these views. The whole view would be retained as would all the icons and the ocean.

 

Step 2 – Consider what part of the property the views are obtained from. For example the protection of views across side boundaries is more difficult than protection of views from front and rear boundaries. In addition whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

The view from the ground floor of the rear properties is not a side view but is a full frontal view. Views are also available both sitting and standing. The views when standing are better than when sitting. The view on the upper levels would be primarily unaffected whether sitting or standing. At ground level the view would be affected in a very minor way when sitting or standing. A very small segment of view either side of the current roof pitch that is proposed to be filled in by the alterations to the upper floor would be lost. This is mostly of water, wedding cake island and the coast.

 

Step 3 – Assess the extent of impact. This should be done for the whole property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sales of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

The view impact from the ground floor of the dwellings to the rear is from the living room. The proposed alterations result in a minor loss in the view of the ocean and wedding cake island. Other views of the ocean, the coastline and suburbs will be retained. The current view from these living rooms is a partial view only. The view impact from the upper level of the dwellings to the rear is from a bedroom and a lounge/sitting room. The view loss from these levels is extremely minor and is insignificant.

 

Step 4 – Assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result 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 skilfull design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.”

 

The view loss impact is not a result of non-compliance with height. The external wall height of the proposal easily complies with the DCP at the rear of the site where the view loss impact occurs. The minor loss of views is a result of a different design in the upper level from one with floor space contained within the roof to an expansion of the upper floor creating a formalised level.  View loss impact is also not a result of the exceedance in floor height. A complying development could also result in a similar view loss. The minor loss in views is therefore not considered unreasonable even though there are non-compliances with height and FSR. These non-compliances are not directly related to the view loss as a compliant development could also have the same impact. Importantly, the bulk and envelope of the proposal is consistent with the adjacent buildings. The proposal has been amended from a large block like structure which had significant view loss impacts to a much more modest design that is more compatible with adjacent designs and greatly reduces view loss impacts.

 

Overall, the proposed impact is therefore considered reasonable subject to a minor amendment to the roof to reduce it by 650mm so that the roof ridge of the proposal is the same as that of the existing dwelling which effectively will result in a very minor loss in view.

 

Solar Access and Energy Efficiency

 

 

Preferred Solution

Assessment

S1

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

Not applicable, proposal is for alterations.

S2

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

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

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

 

The overall Objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction; encourage the use of appropriate resources and passive solar design; and protect solar access enjoyed by the adjoining premises.

 

In terms of Performance Requirements, as a general guide new dwelling houses and attached dual occupancies must demonstrate that they have been designed to achieve energy efficiency; achieve a NatHERS, rating of 3.5 stars; and buildings are orientated and internally configured to take advantage of and maximise solar access.

 

Due to the north/south orientation of the lot and the position of the building on the south side very close to the street, the proposed development will have minimal additional shadowing impact to adjacent neighbours. The shadow diagrams submitted show that the proposal will easily comply with the DCP preferred solution.

 

9.       FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10.     CONCLUSION

 

The proposed development generally complies with the requirements of the DCP. There are non-compliances with the FSR and external wall height preferred solutions however the envelope and bulk of the proposal is consistent with adjacent buildings. The view loss impact to the dwellings to the north will be minimal subject to the reduction in the roof ridge height. The impacts in terms of privacy and overshadowing are also minor. The proposed development provides a high degree of internal amenity and is worthy of approval.

 

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 height of the roof is to be reduced by 650mm so that the maximum 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.

 

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

          Details of the proposed colours, materials and textures (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.

 

3.       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 and A:004B dated 25 January 2005 and received by Council on 17 February 2005, A:003B dated 10 November 2004 and received by Council 17 February 2005, A:200C, A:201C A:005C and A:006C dated 15 February 2005, A:202B dated 25 January 2005, A:203C dated 15 February 2003, A:204C, A:205C, A:300C, A:301C dated 15 February 2005 and all received by Council 17 February 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.

 

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

 

8        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.

 

9.       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.

 

10.     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:

 

11.     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.

 

12.     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:

 

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

 

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

 

14.     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.

 

15.     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.

 

16.     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.

 

17.     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.

 

18.     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”.

 

19.     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.

 

20.     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.

 

21.     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.

 

22.        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:

 

23.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July 1993.

 

24.        Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

25.     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.

 

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

 

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

 

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

 

27.     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.

 

28.     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.

 

29.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

         

30.     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.

 

31.     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.

 

32.     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.

 

33.     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

 

34.     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.

 

35.     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.

 

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

 

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

 

          Hoarding or fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

          The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

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

 

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

 

37.     A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

38.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

          The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

          Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

          Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

          A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council.

 

39.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements: -

 

·        Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

·        All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises.

 

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:

 

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

 

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

 

 

41.     The operation of all plant and equipment (including the lift motor/lift motor room and pool plant equipment) shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

          In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min  sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

42.     Plant and equipment associated with the pool and the lift is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

43.     The operation of swimming pool/spa pool pump and equipment is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the equipment shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

·        before 8.00am or after 8.00pm on any Sunday or public holiday; or

·        before 7.00am or after 8.00pm on any other day.

 

44.     The operation of air conditioning unit/s is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the air conditioning unit/s shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

·        before 8.00am or after 10.00p m on any Saturday, Sunday or public holiday; or

·        before 7.00am or after 10.00pm on any other day.

 

45.     The installation of rainwater tanks and greywater treatment systems shall comply with the following noise control requirements:-

 

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

 

                   In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

b)      Plant and equipment associated with rainwater tank(s) and greywater treatment systems are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)       The operation of plant and equipment associated with the rainwater tank(s) and greywater treatment systems are to be restricted, if the noise emitted can be heard within a habitable room in any other residential premises:

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

The following conditions have been applied to ensure that adequate security provisions are made for vehicular access, parking and public infrastructure:

 

46.     All crossings, repairs and ancillary works on the footway and roadway are to be carried out by the Council and the cost of the owner of the premises. 

 

Prior to commencing any works on site, a statement (together with any relevant  photographs) is to be prepared by the applicant or owner of the premises and be submitted to the Council, detailing any existing damage to the roadway, footway, vehicular crossings, nature strip and public place adjacent to the premises. A further statement is to be forwarded to Council upon completion of the building works, which advises Council of any damage or confirms that no damage has been caused to the roadway, footway, vehicular crossings and nature strip.

 

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

You are therefore advised to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

 

 

ATTACHMENT/S:

 

A4 configurations

 

 

 

 

 

 

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SIMA TRUUVERT

LUKE JACKSON

DIRECTOR CITY PLANNING

SENIOR TOWN PLANNER