Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

3rd May, 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, 10TH MAY, 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 & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 12TH APRIL, 2005.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Mayoral Minutes

 

6           Development Applications

 

6.1                      

DIRECTOR, CITY PLANNING REPORT 26/2005 - 30 FLOWER STREET, MAROUBRA.  (DEFERRED)

2

 

6.2                      

DEVELOPMENT APPLICATION REPORT - 10-14 DUKE STREET, KENSINGTON.

12

 

6.3                        

DEVELOPMENT APPLICATION REPORT - 6 LORNE AVENUE, KENSINGTON.

98

 

 

7           General Business

 

8          Notice of Rescission Motion

…………………………….

GENERAL MANAGER


 

Director, City Planning Report 26/2005

 

 

SUBJECT:

30 FLOWER STREET, MAROUBRA

 

 

DATE:

27 April, 2005

FILE NO:

DA 21/2005

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

  

 

INTRODUCTION:

 

At the Ordinary Council Meeting held on 26 April 2005, Council resolved that this application be deferred to the next Health, Building and Planning Committee meeting to allow the objector to address Council on this matter.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 11 April 2005.

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR, CITY PLANNING

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 96 Application Report

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

11 April 2005

FILE NO:

932/2004/A

 

PROPOSAL:

The application is to modify Condition No: 3 & Condition No: 4 relating to the first floor privacy screen and porch on the southern elevation.

PROPERTY:

30 Flower Street, Maroubra

WARD:

Central Ward

APPLICANT:

Archman Design Services

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to the ordinary meeting of Council as the matter involves a Council staff member.  On 30 November 2004 Council granted development approval for alterations and additions to an existing duplex at No.30 Flower Street, Maroubra

 

The applicant has applied to Council under Section 96 (2) of the Environmental Planning and Assessment Act, 1979, to amend the approved design to incorporate changes to the proposed portico structure and upper level privacy screen.  These matters were the subject of specific conditions of the development consent requiring deletion of the portico and a change to the design of the privacy screen (conditions 3 and 4).

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the amendments being made are “substantially the same” as the originally approved development proposal.  The proposed amendments have been assessed under the provisions of Section 96 and it is considered that the proposed development will not cause any significant privacy or amenity issues and will have no substantial impacts on the locality.  The proposed amendments made are “substantially the same” as the originally approved development.   

 

The recommendation is for approval subject to modified conditions. 

 

2.       THE PROPOSAL

 

The proposed modification involves altering the duplex development by:

 

§  Increasing the height of the proposed privacy screen located along the southern elevation at first floor level.  The screen was limited in height to 1.8 metres by condition 3 of the development consent.  The applicant proposes that the screen extend to the underside of the pergola of the balcony resulting in a height of approximately 2.5 metres;      and

 

§  The proposed portico, which was to be deleted from the approved development, has been redesigned with a lower roof form and a setback of 500mm from the side boundary.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Flower Street on the corner of Galvin Street and is presently occupied by a two-storey duplex style multi unit housing development.  The site has a frontage width of 12.19m, a side boundary depth of 30.435m and has an overall site area of 371m².  Neighbouring the property is a mixture of similar duplex’s, multi unit housing development and freestanding dwellings.

 

4.       RELEVANT HISTORY:

 

The current approval for alterations and additions to the existing duplex including the provision of a new kitchen, laundry and bathroom to each dwelling, a rear ground floor timber deck and first floor balcony with external stair.  It is also proposed to alter the existing front fence by installing timber slat infill panels above the existing dwarf brick wall, having a total height of 1.5m and demolish the existing single carport to the rear of the premises and replace with a new double carport. An attic style storeroom will also be provided within the existing roof space.  Council also approved external decks with privacy screening at a height of 1.8 resulting in the screen being approximately 2.4 metres above ground level on the southern boundary of the site.

 

The application was approved under delegated authority subject to conditions requiring changes to the upper level privacy screen and the deletion of the proposed entrance portico on the southern side of the building.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the Randwick Local Environmental Plan 1998 on 2 February 2005. The following submission was received:

 

J F Schilt

1/32 Flower Street, Maroubra

 

Concerns:

 

-        The 3 to 4 metre high wall would still not comply with building standards.

-        The wall will still overshadow the entrance area and two habitable rooms on the northern side of their building.

-        There will be loss of direct sunlight to these areas.

-        The amended proposal will not reduce the bulk and scale nor provide acceptable amenity to their property.

-        The amended development is out of keeping with the general amenity of the area.

-        A better design that will not impact on the amenity of their property should be sort.

 

Comment:

 

The shadow diagrams were considered as part of the previous delegated report.  At that time it was concluded that because the portico is on the southern side of the building, the portico structure would have little or no impact in terms of overshadowing.  This situation remains unchanged by the proposed alternative scheme, particularly as the portico is of less bulk and scale than the previous design.

 

The portico structure will improve the privacy between the two developments.  At present occupants of the lower dwelling on the subject site exit the premises facing the adjoining dwelling.  The adjoining property has a similar front entrance requiring occupants to also  face the subject site whilst leaving the building.  The portico structure will provide screening to both parties reducing privacy impacts.

The privacy screening approved as part of the original application has a height of 2.4 metres, provides some bulk and scale when viewed from the objector’s property.  The additional bulk and scale of the portico is not significant in this context of approved privacy screen.

 

Alternate solutions may be available but the design of the portico blends with the existing building by providing a pitched tile roof and appropriate brickwork to match the existing building.  The new entrance portico provides some identity to the entrance to the ground level dwelling.

 

6.       TECHNICAL OFFICERS COMMENTS

 

No referrals were required.

 

7.       SECTION 96 ASSESSMENT

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:-

 

7.1     Substantially the Same Development:

 

The proposed development is considered to be substantially the same developmentThe proposed modifications entail minor changes to the overall form of the approved building and entail no significant impacts on the adjoining properties or the locality.   

 

7.2     Section 79C Assessment:

 

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

 

7.2.1  Randwick Local Environmental Plan 1998

 

Clause 31 - Landscaping

 

The proposed modification does not alter the approved landscaping arrangement.

 

Clause 32 – Floor space ratio

 

In 2C zones the maximum floor space ratio for buildings other than dwellings on allotments less that 700m is 0.65:1. The proposed floor space ratio of the building including the new floor space is 0.61:1, which satisfies the LEP controls.

 

The proposed modification results in a minor increase in floor space of less than 3.6m².  The proposed floor space is still well within the allowable floor space ratio.

 

Clause 33 – Building Heights

 

The maximum height of buildings other than dwellings in a 2C zone is 12m, the proposed building will have a maximum height of 8.9m which readily complies with this control of the LEP.

 

The portico structure has a height of 3 metres at the point closest to the neighbour.  The height easily complies with Council’s requirements.

7.3     Building Setbacks

 

The DCP Multi-Unit Housing contains overall objectives and performance requirements that seek to reduce the impact of any development upon adjoining land, by ensuring that there is adequate separation between buildings and the development is integrated with the desirable characteristics of the established streetscape.

 

The original assessment concluded that the siting of the new enclosed porch up to the southern boundary could not be supported.  It was considered that the overall bulk and scale of this new portion of the building, being sited directly upon the boundary, would have an unacceptable impact upon the amenity of the adjoining premises.

 

The new design has setback the portico 500mm from the boundary and reduced the roof form significantly.  The eaves overhang, albeit very slight, reduces this distance to approximately 350mm.

 

Despite the closeness of the structure, only 500mm of the portico wall will be viewable above the approved privacy screening.  This screening extends to a height of RL 53.59, which is 2.7 metres above ground level.  The proposed portico would have an upper height limit to the gutter of RL54.09, a difference of only 500mm above the privacy screen.

 

The structure is also only 2.4 metres in length and therefore will have a minimal presence along the boundary.  The proposed setback of the portico is considered acceptable.

 

7.4     Privacy

 

The original proposal provided for a full height masonry wall to the southern elevation.  It was considered that this wall would add unnecessarily to the bulk of the building at the rear and a condition was imposed on the consent requiring the brick wall to be replaced with a fixed louvres system.  The condition limited the height of the privacy screen to 1.8 metres, which is a generally accepted height for such screening.

 

This height resulted in a small gap between the top of the privacy screen and the underside of the approved pergola structure.  The Section 96 application simply seeks to extend the height of the screen to the underside of the pergola.  The extension of the timber screen is considered acceptable and will result in minimal visual impact to the neighbour whilst maintaining privacy.

 

7.5     Solar Access and Energy Efficiency

 

The original application was assessed for overshadowing impacts and the following conclusion was reached:

 

Shadow diagrams included with the original application indicate that the rear yard of the adjoining premises to the south will continue to receive more than 3 hours of solar access during the period 9.00am to 3.00pm during June. Shadow diagrams have also been provided in elevation, which also demonstrate that the degree of additional overshadowing to the adjoining premises will not be unreasonable and will comply with the objectives and performance requirements of the DCP. With respect to the subject premises the alterations to the building will improve solar access and outlook with the living areas being orientated with the new ground and upper level decks.

 

As the proposed portico structure is within the shadow cast by the main building, there are no consequences to the neighbours as a result of the proposed portico structure.  The portico will not significantly reduce light and amenity to the neighbouring property.

 

8.       CONCLUSION

 

The proposed amendments will not cause any additional privacy or amenity issues and will not have significant negative impacts on the environment or locality.  The minor modifications are satisfactory and the application warrants the approval of Council.  

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Condition No. 3 and Condition No. 4 of Development Application No. 0932/2004 relating to the first floor privacy screen and portico on the southern elevation at No.30 Flower Street, Maroubra in the following manner:

 

Amend Condition No. 3 and Condition No. 4 to read:

 

3        The masonry wall to the southern elevation of the upper level balcony is to be deleted to reduce the overall bulk and scale of the rear of the building and a fixed privacy screen (extending in height to the underside of the pergola) of either louvres or timber slats is to be installed in this position to maintain privacy to the adjoining premises.

 

4        The proposed new portico adjoining the southern boundary shall be in accordance with amended plans received by Council on 28 January 2005 and numbered 04/035-1, 04/035-2, 04/035-3.

 

 

ATTACHMENTS:

 

A4 Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

19 April, 2005

FILE NO:

D/0506/2004

 

PROPOSAL:

 Demolition of existing buildings on the site and construction of a new 4 storey multi unit housing development comprising 10 x 1, 6 x 2 and 1 x 3  bedroom dwellings and basement carparking for 24 cars.

PROPERTY:

 10-14 Duke Street, Kensington

WARD:

 West Ward

APPLICANT:

 Arttech Design and Construction

 

 

 

 

 

 

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 applicant is seeking approval to demolish the existing buildings on the site, excavate and construct basement carparking for 24 cars, and a new 4 storey multi unit housing development on the site at 10-14 Duke Street Kensington. The proposal is Integrated Development due to the level of groundwater at the site and has been referred to the Department of Infrastructure, Planning and Natural Resources. The Department has now issued General Terms of Approval for a water license (see Attachment B).

 

The applicant has participated in a long process of consultation with Council. Through lengthy negotiations and submission of amendments the applicant has reduced the scale of the proposal to a reasonable level. However, it is considered that there are still some significant impacts as a result of non-compliances with the statutory standards for height and FSR. As the impacts result largely from the top floor of the development it is considered that deferred commencement conditions can be imposed on any consent to satisfactorily address the remaining issues.

 

The subject site is included in a proposed Duke Street conservation area, however the final form of the draft conservation area is neither imminent nor certain, and should not be given determinatative weight in this application.  Whilst the architectural merit of the existing dwellings in acknowledged, given the 2C zoning of the site there is an intrinsic conflict between the potential conservation listing and the redevelopment opportunities afforded by the zoning.  Given the potential conservation area has only draft status and the current zoning provides for multi unit housing, greater weight must be given to the current statutory provisions.  Further, the development was lodged well before the exhibition of the Draft areas and has undergone significant design changes to address issues raised by Council officers.

 

This report recommends that Council approve the application for the redevelopment of 10-14 Duke Street, Kensington, subject to deferred commencement conditions. The deferred commencement conditions relate to the deletion of part of the fourth floor level, improvements to landscaping and flood levels.

 

The recommendation is for deferred commencement approval of the application.

 

2.       THE PROPOSAL

 

The applicant is seeking approval to demolish the existing buildings on the site and construct a total of 17 units over four storeys (10 x 1 bedroom, 6 x 2 bedroom and 1 x 3 bedroom units) with basement carparking for 24 cars, accessed from Duke Street. A pitched roof is proposed to the development. A pedestrian entranceway is provided on the western side of the site.

 

The applicant proposes landscaping to the rear and sides of the site.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property consists of three allotments and is located on the southern side of Duke Street between Anzac Parade and Kensington Road in Kensington. The site is regular-shaped and has side boundaries (east and west) which measure 45.265 metres. The front (northern) boundary (to Duke Street) and rear (southern boundary) measure 22.86 metres. The total site area is 1,034m2. The site is currently occupied three single storey dwellings (one per allotment) and associated shed structures.

 

Development in the locality is comprised of a variety of residential uses. Adjoining the site to the east is a three storey residential flat building (8 Duke Street), Adjoining the site to the west is a single storey detached dwelling (16 Duke Street), further to the west (adjoining 16 Duke Street) is a two storey residential flat building (18 Duke Street). Across Duke Street to the north is 9-11A Duke Street, 2 pairs of single storey semi detached dwellings. To the rear of the site to the south (92 & 98 Todman Avenue) are 3 storey residential flat buildings which front Todman Avenue.

 

Nearby heritage items include 23 Duke Street. Items on Todman Avenue and Boronia Street are outside the visual catchment area of the subject site and are not considered to be likely to be affected by development of the subject site.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

Council’s records indicate there are no relevant development applications relating to the subject site. A prelodgement meeting regarding redevelopment of the site in the form proposed on 9 September 2003. Major issues were raised at that meeting with regard to non-compliances with Council’s statutory floor space ratio and external wall height standards. It was recommended that the top floor (part units 13-18 be deleted). The applicant was advised at the prelodgment meeting and in subsequent written advice that information in relation to flooding and groundwater issues would be required at DA stage.

 

The prelodgement application was also forwarded to Council’s Design Review Panel for comment. The Panel raised concerns regarding the loss of the existing cottages on the site which are considered to make a positive contribution to the streetscape, bulk, building height, inadequate landscape treatment, inadequate northerly aspect and poor internal planning.

 

The development application was lodged on 23 June 2004 in a very similar form to that submitted at prelodgement stage. No information in relation to groundwater and flooding issues was provided. The applicant was again advised of the requirement for information on 12 July 2004. This information was not received until 1 December 2004. The geotechnical report indicated that the proposal was likely to encounter groundwater on the site, requiring dewatering. Dewatering changed the development to Integrated Development, requiring referral to the Department of Infrastructure, Planning and Natural Resources for concurrence. Integrated development also requires 30 days of notification and advertising.

 

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised and referred in accordance with the Public Notification of Development Proposals and Council Plans DCP. The following submissions were received in response to the notification period ending 21 July 2004:

 

5.1     Objections

 

1.       J. Noble, Secretary, Owners Corporation SP 13947, 18/15-21 Duke Street, Kensington (writing on behalf of owners corporation)

 

§  Concerned about increased traffic particularly at the junction of Boronia and Duke Streets as Boronia Street is used as a shortcut from Anzac Parade. Council has previously highlighted the increased traffic in the area what is going to be the outcome of discussions relating to restriction of traffic in/ out of Boronia Street.

 

2.       A & B. Brown 11 Duke Street, Kensington

 

§  Object to any compromise on design quality particularly as proposal will remove three period houses from the street.

 

Comment:The development has been subject to an extended assessment period as a result of trying to achieve a quality design. The roof form of the proposal is not well resolved and therefore is to be deleted under deferred commencement condition 2.

 

§  No reference to the external colour scheme for the building nor any mention of external lighting design. Hope there is community consultation with regard to these issues.

 

Comment:Both of these issues have been covered by conditions of consent.

 

§  Concerned about parking impacts as there are a large number of 2 bedroom units which could require 2 parking spaces and result in increased number of cars parking on the street.

 

Comment:The proposal complies with the DCP – Parking. Six two bedroom units are currently proposed within the development. Deferred commencement condition 2 will reduce the number of two bedroom units to two.

 

§  Concerned about garage door causing noise pollution and object to any door that makes a repetitive beeping or warning sound.

§  Object to any extension of building hours beyond the standard guidelines.

 

Comment:Standard conditions of consent have been applied with regard to noise and construction hours.

 

3.       G. Prentice, EHPS Architectural Draftsmen Building Designers, 75 Piggott Street, Dulwich Hill NSW 2203 on behalf of D & J Wong, 187-189 Anzac Parade, Kensington (owners of 16 Duke Street, Kensington)

 

§  Solar access and privacy impacts to 16 Duke Street as a result of excessive wall height. Properties at 16 and 18 Duke Street have wall heights of 3.6m and 7.0m and are unlikely to change.

§  Overshadowing will reduce solar access to existing living areas and principal open space to less than the current low level solar access which is less than 3 hours per day.

§  Non-compliance with wall height has not led to an improved design as per Clause 49 of RLEP98 and proposal does not meet height objectives in the DCP

§  Setback of building from the boundary has an adverse impact on privacy and solar access to the property at 16 Duke Street. Setbacks are inconsistent with existing development and the character of the area.

§  Garbage store is only 3 metres from the boundary

§  Proposed setbacks disrupt the existing fine grain established by smaller lot sizes in the streetscape. Setbacks do not meet the DCP controls and objectives.

§  FSR is 1.18:1, allowable is 0.9:1. This is a purely commercial consideration.

§  FSR is inconsistent with 16 Duke Street which is unlikely to change

§  Overlooking

§  Overshadowing – shadow diagrams are incorrect and do not show existing shadows accurately.

 

Comment:Issues raised have been considered in detail in section 9 of this report.

 

After requested information was received from the applicant it was determined that the application represented integrated development due to groundwater levels in the area. As a result, renotification and advertising of the application occurred for the statutory period for Integrated Development of 30 days, concluding on 18 February 2005. As a result of this notification period the following submissions were received:

 

1.       G. Prentice, on behalf of D & J Wong, 187-189 Anzac Parade, Kensington (owners of 16 Duke Street, Kensington)

 

§  Height is over the maximum allowable; it will set a precedent for future development in the street. The excessive height will further contrast the height discrepancies between the single storey cottage at 16 Duke Street, the subject proposal and existing residential flat building to the west of 16 Duke Street

§  Privacy impacts from balconies without solid handrails. Glazing to circulation areas on western elevation should be obscured and solid balustrading provided to balconies.

§  Streetscape – Development of this site and neighbouring development at 18 Duke Street will create a permanent hole in the future streetscape by isolating 16 Duke Street.

§  Development exceeds allowable FSR

§  Development creates additional overshadowing and reduces the solar access to 16 Duke Street to less than the required 3 hours per day.

§  Application should be refused on the grounds of non-compliances with the DCP and RLEP98 and the impacts on amenity to 16 Duke Street.

 

Comment:Issues raised have been considered in detail in section 9 of this report.

 

2.       P. Inglis, 6/6 Duke Street, Kensington

 

§  Concerned about noise and air pollution during the construction period as well as congestion during this period.

§  Objector is a shift worker and requires a peaceful environment, particularly in the mornings

 

Comment:Council’s standard conditions regarding building hours and construction impacts of the development have been applied (refer to Condition 64-67)

 

§  Concerned building has no solar panels or innovate energy efficient devices to reduce reliance on air conditioning.

 

Comment:All dwellings have a NatHERs rating of 3.5 stars and good access to natural light and cross ventilation. Council’s standard conditions regarding rainwater tanks and energy efficiency have been applied (see Conditions 26-31).

 

§  Quality of the building work is not addressed – is this going to be another poor quality residential flat building?

 

Comment:The proposal is subject to SEPP 65 and will require certification that it is consistent with the SEPP during construction (see Condition 24).

 

§  Already enough flats in/ being built in Kensington

 

Comment:The site has been zoned Residential 2(C). The proposal is permissible within the zone and is consistent with urban consolidation policies.

 

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, City Services

 

The Director, City Services has provided the following comments in relation to the subject application:

 

An amended application has been received for the construction of a residential flat building at the above site containing 17 units with basement carparking for 24 vehicles.

 

The comments and conditions contained in this report are based on the following plans:

§  Ground floor plan - Job No. 0343, Sheet No. C02 (C) by Arttech Design and Construction dated 1/12/2004; and

§  Landscape plan - Job No. 03.754, Sheet No. LSK 01, by GreenPlan Landscape Architects Pty Ltd, dated 22.06.04

 

Landscape Comments

 

On Council’s Duke Street road reserve, in the asphalt pavement in front of 12 Duke Street, there is one large and significant Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) of approximately 10 metres in height. It appears in good condition and is covered by Council’s Tree Preservation Order.

 

This tree forms an important part of an established avenue planting of this species in this street, with the canopies of the Figs occupying almost the full width of the street. This tree provides a positive contribution to the streetscape and amenity of the site, and as such, the applicant will be required to retain this tree as part of this application as has been shown on the plans, however, protection measures will still be necessary.

 

The plans show a proposed below ground detention tank located along the front property boundary within a garden area which is in close proximity to the trunk of this tree, and slightly within its dripline. The applicant is advised that any detention tanks/infiltration areas proposed along the front property boundary shall be setback at least 6 metres from the outside edge of the tree trunk to minimise the impact on the rootzone of this tree.

 

A suitable condition (and associated bond) has been included in this report to prevent damage to the Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) as a result of the development, as well as to ensure that the applicant complies with Council’s tree requirements in regards to tree protection.

 

There is also one Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) in Council’s road reserve to the east of the site, in front of 8 Duke Street, however, this tree and its canopy are sited a reasonable distance form the proposed works and should therefore remain unaffected.

 

Pruning of some low growing branches of the two Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) located in Council’s road reserve may be necessary in order to accommodate site access and machinery during demolition/construction. A condition regarding this matter has been included in this report.

 

In the rear yard of 12 Duke Street, close to the existing dwelling, there is one Jacaranda mimosifolia (Jacaranda) and one Lagerstroemia indica (Crepe Myrtle), both of approximately 6 metres in height. They appear in reasonable condition, and although covered by Council’s Tree Preservation Order, are not deemed significant specimens. As such, approval is granted for their removal as shown, subject to suitable advanced replacements being provided elsewhere within the site.

 

In the rear yard of the adjoining property to the south, 98-102 Todman Avenue, there is one Eucalyptus nicholii (Willow Leafed Peppermint) of approximately 12 metres in height. It appears in good condition and is covered by Council’s Tree Preservation Order. This tree is sited a reasonable distance from the proposed works, and as such, should remain unaffected by the proposed development.

 

In the rear yard of the adjoining property to the west, 16 Duke Street, close to the common boundary, there is one Persea americanna (Avocado) of approximately 7 metres in height. It appears in reasonable condition and is covered by Council’s Tree Preservation Order. A reasonable setback is provided from the proposed basement carpark to the trunk of this tree, with excavation limited to outside its dripline. As such, this tree should remain unaffected by this proposal.

 

The plans propose planting on the nature strip area underneath the canopy of the Fig tree in front of 12 Duke Street. Unfortunately, this initiative is not supported as it raises public liability and maintenance issues for Council, and as such, this proposed planting shall be deleted from the plans and shall be replaced with turf on the nature strip. The applicant should be advised that all landscape treatment and planting shall be restricted to within the property boundaries of the site.

 

Flooding Comments

 

As detailed in our previous correspondence dated September 2003, July 2004 and December 2004, the subject development site is located adjacent to a localised low point and may be subject to stormwater inundation during major storm events.

 

In our previous advice, it was recommended that the applicant be requested to:

 

EITHER:

 

A.      Provide a high point in the driveway (and any other access points to the basement carpark) at a minimum 300mm above the top of the existing kerb along the full site frontage; and raise the floor levels of all new habitable and storage areas a minimum of 450mm above the top of the existing kerb along the full site frontage.

 

OR

 

B.      Submit for approval and have approved by the Director of Asset & Infrastructure Services, a flood study (including plans and drainage calculations compiled by a suitably experienced and qualified Civil Engineer) that determines the 1 in 100 year flood level for the site.

 

The flood study should be undertaken using “DRAINS” Urban Drainage Simulation Model (and HECRAS for determining flow depths). Alternative flood modelling programs may be used, however, the applicant will be required to meet the full cost for an independent hydraulic consultant to review the model as Council does not have the computer software to run alternative flood modelling programs.

 

          The following information must be submitted to Council with the flood study:

 

a)      All “DRAINS” and “HECRAS” data files on 3 1/2" MS-DOS formatted diskettes together with a suitable index to relate data files to the various run parameters.

 

b)      Plans showing:

 

·       All catchments and sub-catchments areas contributing to flows in the vicinity of the development site;

·       “DRAINS” or "ILSAX" sub-catchments and areas and nomenclature used to define the various piped reaches;

·       Overland flow paths;

·       Location and sections of all drainage lines showing pipe sizes and grades;

·       Pit/gully surface levels as well as invert levels of inlet and outlet pipes;

·       Proposed finished surface levels and 0.2m contours over the development site (it is noted that all levels shall be relative to the Australian Height Datum); and

·       Location of all “HECRAS” cross sections.

 

To minimise the possibility of localised floodwater entering the ground floor additions, all new floor areas shall be a minimum of 300 mm above the calculated 1 in 100 year flood level.

 

The AIS Department has not received any correspondence from the applicant advising of their preferred option. However, given that Council has not received a flood study, it is considered that the applicant should be requested to comply with option A above. It is noted that the submitted Ground floor plan (Job No. 0343. Sheet No. C02 (C) by Arttech Design and Construction dated 1/12/2004) shows the ground floor levels being raised a minimum 450 mm above the adjoining top of kerb levels, however, the high point in the driveway has not been shown.

 

It is recommended that amended plans showing the required high point in the driveway be obtained prior to the issuing of development approval. However, should consideration be given to approving the application prior to amended plans being received, it is recommended that the following deferred commencement condition be included in the approval:

 

Prior to this consent becoming operational, the applicant shall be requested to submit amended plans (including a longitudinal section through the centerline and inside edge of the driveway) showing:

 

a.       A high point being provided across the full width of the driveway to a minimum RL of 26.50 (i.e 300mm above the adjacent top of kerb level).

b.       Compliance with the issued alignment level at the site boundary; and

c.       Satisfactory ramp grades in accordance with AS 2890.1 (2004)

 

It is noted that the above condition has been included in the recommended deferred commencement conditions contained in this memo.

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 17 residential units will be in the range of 68 to 85 vehicle movements per day.

 

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

 

Vehicular Access

The internal driveway must be a minimum 5.50m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work. The submitted ground floor plan demonstrates compliance with this requirement.

 

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

 

In accordance with section 2.5.2 of AS2890.1 (2004) the minimum clear width of the internal driveway shall be 3.0 metres between kerbs. Further, minimum 300mm kerbs shall be provided on either side of the driveway resulting in an overall wall to wall clearance of 3.6 metres. It is noted that compliance with this requirement may necessitate the basement carpark being relocated closer to the western boundary of the site to facilitate widening of the carpark ramp. This may result in a loss of deep soil planting area. The DPCD should determine whether this is acceptable.

 

It is recommended that amended plans showing the increased driveway width and splay corners be obtained prior to the issuing of development approval, however, should the application be determined prior to amended plans be received, the following deferred commencement condition should be included in the approval:

 

Prior to this consent becoming operational, the applicant shall submit amended plans showing:

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

b.       The clear width of the internal driveway being:

§  a minimum 5.5 metres for the first 6 metres into the site; and

§  a minimum 3.0 metres with 300mm wide kerbs on either side at all other points (in accordance with section 2.5.2 of AS 2890.1 (2004)).

 

It is noted that the above condition has been included in the recommended deferred commencement conditions contained in this memo.

 

Waste Comments

 

The garbage room area/s shall be sized to contain a total of 18 x 240 litre bins (9 garbage bins & 9 recycle bins) whilst providing satisfactory access to these bins. The submitted ground floor plan (Job No. 0343. Sheet No. C02 (C) by Arttech Design and Construction dated 1/12/2004) demonstrates compliance with this requirement

 

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.

 

The waste storage areas are to be clearly signposted.

 

Groundwater Comments

 

The applicant has submitted a geotechnical report by Grant Alexander & Associates dated 7 September 2004. The investigations carried out by the applicant’s consultant indicated the presence of groundwater at a depth of 2.70 metres below the existing surface level; that is, at an approximate RL of 23.40.

 

It is noted that the proposed basement level is RL 23.65 (as per the basement floor plan Sheet C01 dated 1-12-03). Given that excavation works for the proposed basement would extend at least 300mm further into the ground than the finished basement level, it would appear that groundwater may be encountered within the depth of the basement excavation.

 

It is understood that the application has been referred to the Department of Infrastructure, Planning and Natural Resources (DIPNR) as integrated development. The DPCD should ensure that all requirements from DIPNR are included in any approval issued for the site.

 

To ensure that the proposed basement construction will not result in significant damage to surrounding infrastructure, it is recommended that the DPCD Department include the following condition in any approval issued:

 

A report must be submitted to and approved by the Certifying Authority, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering. This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not be 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 other relevant requirements 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 (i.e. in relation to access, monitoring and rectification of possible damage to other premises)

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·        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.

·        Confirmation that 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 or damage of the adjoining or nearby buildings within the zone of influence.

 

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 site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

The DPCD may wish to amend this condition to reflect any requirements of DIPNR and/or Environmental Health prior to inclusion the final approval.

 

It is noted that the above condition has not been included in the recommended conditions contained in this memo.

 

A dilapidation survey of the surrounding properties and infrastructure shall be undertaken by a suitably qualified person prior to the commencement of work.

 

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 PCA for approval prior to the issuing of a construction certificate.

 

Conditions of consent (including Deferred Commencement Conditions 7 and 8) proposed by City Services, have been included in the recommendation (see Conditions 84-142). Condition 85 has been included to protect adjoining properties from settlement as a result of dewatering.

 

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 three existing residential dwellings and the erection of a 4 storey residential multi unit housing building, with basement level car park.

 

BCA Building Classification

 

Class 2       -    Residential units

Class 7a     -    Car park

 

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.

 

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.

 

Environmental Health comments

 

The proposal

 

To demolish three premises, construct 3 storey plus attic with 17 dwellings and 1 basement car park.

 

Key Issues

 

Acoustics, has been considered an issue and appropriate recommendations have been placed in this report.

 

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 33-83).

 

6.3     Design Review Panel

 

The application was referred to Council’s Design Review Panel for comment at its September 2004 meeting. The following comments were made:

 

The Panel has previously viewed this proposal at a number of meetings, the most recent in April 2004.

 

1.       Relationship to the Context of the Proposal

 

The Panel noted that poor contextual information had again been provided, limiting the understanding of the building in its context.

 

Comment: The proposal is considered appropriate in the context which has a mixed character, including semi-detached dwellings and older style 2-3 storey apartment buildings.

 

The Panel had previously commented on viewing options for the retention of the existing two dwellings, this request is yet to be adhered to.

 

Comment: The applicant has not provided this information, however Council is obliged to consider the proposal submitted with the development application.

 

2.       The Scale of the Proposal

 

This is difficult to assess given the inadequate context information submitted.

 

Comment: A site inspection has been undertaken and subject to the removal of the fourth storey to the street the scale of the proposal is consistent with surrounding 3 storey buildings and with the desired future character of the 2C zone, being a 10 metre wall height with roof form above.

 

3.       The Built Form of the Proposal

 

The roof form of the scheme is still very diagrammatic and needs to be resolved.

 

Comment: It is agreed that although the applicant has made several attempts at designing an appropriate roof form the roof of the development is not appropriate and therefore should be removed. Deferred Commencement Condition 2 requires this change.

 

As set out by the SEPP 65 Design Code, 2.7m minimum floor to ceiling heights are required within the scheme.

 

Comment: No finishes have been shown on the plans which indicate compliance with the SEPP 65 Design Code of 2.7m. A condition of consent has been applied to reinforce compliance (see Condition 3).

 

The lack of alignment of the ground and upper floors displayed on the plans should be corrected. The massing over the car park ramp is very poorly considered.

 

Although better expressed in the scheme, the common stairs could be more compactly planned.

 

Comment: The massing of the building has improved in the December 2004 amendments. The building has been broken into two elements with a more vertical emphasis improving the massing of the building.

 

4.       The Proposed Density

 

The FSR could be utilized more effectively.

 

Comment: Subject to a reduction of the FSR by removing a portion of the top floor of the development, the FSR and internal planning of the building are considered acceptable.

 

5.       Resource and Energy Use and Water Efficiency

 

The design incorporates good cross ventilation and has attempted to maximize orientation on a north/south block.  Natural daylight has been well considered generally but could be increased over the stairs in the loft plan.

 

Comment: Deferred Commencement Condition 3 requires that the loft areas to Units 14 and 15 are reoriented to face north south to improve the amenity and natural daylighting to these areas.

 

6.       The Proposed Landscape

 

Better integration of the deep soil area and landscape design is required for the site.

 

Comment: The development complies with Council’s landscaping standards. Deferred Commencement Condition 4 requires improved deep soil provision to the rear of the site. Landscaped areas are attached to ground floor units to improve amenity and increase the usability of these areas.

 

7.       The Amenity of the Proposal for its Users

 

The arrangement of the internal planning has been better resolved, following from the previous scheme and meeting with the panel.

 

The Panel commented on a number of poorly resolved additions on ground floor (such as the garbage room), and their lack of relationship to the massing of levels one and two.

 

Comment: The garbage area has been relocated to minimise impacts within the development. Service areas have generally been incorporated within the building envelope as much as possible.

 

8.       The Safety and Security Characteristics of the Proposal

 

A BCA assessment of the proposal is required to be carried out, especially in regard to acoustic privacy.  An Acoustic Report is required to be submitted. The advice from these consultants should be incorporated into the design.

 

Comment: Demonstrated compliance with the BCA is to be incorporated into the Construction Certificate application.

 

9.       Social issues

 

Unit 1 should have direct street access.

 

Comment: The amended plans show direct street access to Unit 1. Concern is raised that the massing of the building may be misleading in that the access to Unit 1 could be construed as the main access to the development. This has been addressed by Deferred Commencement Condition 6.

 

10.     The Aesthetics of the Proposal

 

The Panel was concerned about the undistinguished character proposed. The character of the building should be improved to attain a higher architectural merit.

 

The Panel observed many areas of poor resolution. The facades are generally squat, and lack an appreciation of the potential of the massing. The south façade is too flat and bland.

 

Comment: The introduction of vertical elements such as blade walls for the entire height of the street façade has improved the resolution and character of the building, The balconies proposed to the southern elevation provide additional relief and increase the modelling of this façade.

 

The flat and pitched roof forms, and lack of overhangs are not adequately considered.

 

There is a column in the middle of courtyard one, this should be better resolved.

 

Comment: The courtyard is large and will remain usable despite the column location. The column provides a continuous vertical element on the street elevation and provides delineation of the balconies of upper levels from the wall surface behind.

 

The aesthetic appeal of the building is generally very ordinary. This is particularly a concern given the proposed demolition of a coherent group of well detailed houses on the site.

 

The skillion roof forms of the loft level are not convincingly resolved.

 

Comment: The applicant has made several unsuccessful attempts to resolve this element. It is considered that the bulk, scale and appearance of the building would be significantly improved if these elements were removed. This has been included in Deferred Commencement Condition 2.

 

The information on details, finishes and materials is scant, and gives limited understanding of the aesthetic quality (if any) of the proposal. Information on elements such as handrails, window types, flashings and cappings, rainwater goods, the operation of operable windows and screens is not adequately detailed.

 

Comment: Deferred Commencement Condition 1 requires submission of a sample board prior to operation of any consent.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel considers that the current application fails to meet the required standards under SEPP 65 and requires significant modification in terms of design and amenity before the Panel could consider the proposal to be satisfactory.

 

Anomalies between the drawings and the inability to maintain height requirements and address acoustic issues have put this proposal in doubt.

 

Although the Panel notes some improvement through the successive design review Panel meetings, the project is regarded as having low architectural ambition relative to the objectives contained in SEPP 65.

 

The information provided on the drawings remains inadequate. The shortcomings of the site analysis and elevations have already been noted above. The single section submitted is also unsatisfactory. At no stage have the Panel’s concerns been adequately addressed.

 

Taking account of the above, the Panel recommends that the application be refused.

 

It is considered that the applicant has addressed most of the Panel’s outstanding concerns with the amended plans submitted in December 2004. Remaining issues such as the bulk and scale of the top floor and the deep soil landscaping provision will be addressed via the proposed Deferred Commencement Conditions to ensure that impacts arising from this area are minimised.

 

6.4     Department of Infrastructure, Planning and Natural Resources

 

Due to the depth of basement excavation proposed and possible requirements for dewatering the application was forwarded the Department of Infrastructure, Planning and Natural Resources (DSNR) for comment on 13 January 2005. The delay in referral to the Department resulted from the delay in receiving the relevant information from the applicant.

 

Correspondence from DIPNR dated 13 April 2005 indicates that the development will require a Water Licence under the Water Act, 1912. The Department has issued General Terms of Approval for the Licence which are attached to this report (see Attachment B).

 

7.       MASTER PLANNING REQUIREMENTS

 

As the site is less than 4,000m2 in area the master planning requirements of clause 40A of RLEP98 are not applicable to this site.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-        Environmental Planning and Assessment Act 1979 as amended.

-        Randwick Local Environmental Plan 1998.

-        Draft Heritage LEP Instrument 39

-        Building Code of Australia.

-        State Environmental Planning Policy No. 1 (SEPP 1)

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

-        State Environmental Planning Policy No. 55 (SEPP 55)

-        State Environmental Planning Policy No. 65 (SEPP 65)

-        Development Control Plan- Parking

-        Section 94 Contributions Plan

-        Development Control Plan– Multi Unit Housing

 

(a)     Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31(2) - Landscape Area

50%

(517m2)

51%

(532m2)

Yes

31(3) – Landscape Area over Basement

Less than 50% of landscape area required

(259m2)

49%

(252m2)

Yes

32 - FSR

0.9:1

(930.6m2)

1.125:1

(1,296.29m2)

No1

33(2) – Overall Building Height

12m

9.8-12m

Yes

33(4) – External Wall Height

10m

9.8-12m

No1

Other Clauses

Effect

Applies

Comment

46

Vicinity of Heritage Item

Yes

Site is approx. 40 metres from item at 23 Duke Street

 

In relation to Clause 46, it is considered that the proposal is adequately separated from the Heritage Item at 23 Duke Street so as not to impact on its setting as the site is on the opposite side of Duke Street from the Item and large street plantings will remain. Existing development within Duke Street currently ranges in design quality and many large residential flat buildings already exist in the vicinity of this item. The proposal will add further to the diversity of development in Duke Street and will not significantly affect the item at 23 Duke Street.

 

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

 

Draft Heritage LEP Instrument 39

 

The site is located within the Draft West Kensington Heritage Conservation Area under Draft LEP 39.  Although the proposal will remove three original dwellings from the street, existing development in the street has a varied form including many intrusive modern buildings.  The draft HCA needs to be considered within the context of the current zoning of the site which allows for a multi-unit housing development.  The final form of the Draft Heritage Local Environmental Plan is neither imminent nor certain, as it has only just commenced the exhibition process.

 

In terms of general planning principles, the weight given to a draft instrument may vary according to the circumstances.  However, a draft cannot have any more force or effect than a statutory instrument which has come into effect.  In this instance given the inherent conflict between existing zoning which allows multi-unit housing and the proposed conservation area which seeks to retain contributory buildings, greater weight should be given to the existing statutory provisions of Randwick LEP 1998.

 

(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 (as amended by Deferred Commencement Condition 2) is consistent with the desired future character of the 2C zone 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 reasonable 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 9.2 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 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. As a result of reviewing the development at its September 2004 meeting, the Panel were not satisfied that the proposal met the standards of SEPP 65 and were not confident that the building designer could resolve the outstanding issues. Comments made by the Panel are reproduced in section 6.3 and indicate remaining reservations with regard to the proposal. The applicant provided amended plans on 1 December 2004 which addressed the majority of the Panel’s issues (refer to discussion under section 6.3). It is considered that remaining issues regarding landscaping and the bulk and scale of the development will be resolved via the proposed Deferred Commencement conditions, resulting in a development that satisfies SEPP 65.

 

8.1  Policy Controls

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.

Complies

Frontage 22.86m

Height

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

 

Does not comply. Non-compliance with external wall height results in visual bulk and scale impacts to the street and increased shadow impacts on adjoining properties (see discussion under section 9.1).

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, lower levels are well articulated

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

Existing streetscape :3-5m

 

Complies

Proposed: 3-5m

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.

 

Western Side

G  5.58m  Yes

1   4.73m  No

2   4.73m  No

3   6.75m  Yes

 

Eastern Side

G  4.6m    No

1   4.48m  No

2   4.48m  No

3   7.48m  Yes

 

Eastern Side

G  2.74m  No

1   2.74m  No

2   2.74m  No

3   4.8m    Yes

 

Western Side

G  3.0m    No

1   3.0m    No

2   3.0m    No

3   5.4m    Yes

Complies

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 8 -8.88m

 

Complies 7m

Complies 9m

P4  General

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

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

Complies

Density

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

 

 

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.

 

Complies However, fencing should be modified to distinguish main entry from entry to Unit 1 (see deferred commencement Condition 6).

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.

 

Does not Comply. Better amenity achieved to individual units through division of landscaping

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 – Unit 1 only

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.

Does not comply – can be conditioned to comply (see Condition 7)

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

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

 

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

 

 

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.

 

 

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.

 

 

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

All units achieve minimum 3.5 stars

Safety and Security

P1  Design allows surveillance.

 

Complies

P2  Approaches and entries are visible.

 

Complies

P3  High walls and structures avoided.

 

Complies

P4  Resident car parking has security grilles or doors.

 

Complies

P5  Visitor parking spaces clearly identifiable.

 

Conditioned to comply

(see Condition 9)

P6  Adequate lighting for personal safety and security provided.

 

Conditioned to comply

(see Condition 11 )

P7  Adequate lighting is provided in common areas.

 

Conditioned to comply

(see Condition 11)

P8  External lighting does create a nuisance.

 

Conditioned to comply

(see Condition 23)

Parking

Required On-site Parking

 

 

Refer to DCP – Parking below

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.

 

Complies

1 space provided

P3  Secure storage for bicycles is provided.

 

Complies

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 Width 5.5m

Does not comply Setback 700mm

 

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 .

Does not Comply

Barrier-Free Access

P2  Dwelling requirements:

15 – 29 dwellings    1

The requirements of AS1428.1 and AS 4299 are to be considered.

 

1 dwelling

 

Conditioned to Comply – accessible dwelling has not been indicated (see Deferred Commencement Condition 5).

P3  Dwellings for people with a disability have corresponding parking space.

 

Complies

Utilities/Site Facilities

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

 

Discussion of compliance with the requirements of the Multi Unit Housing Development Control Plan is included in section 9 of this report.

 

6.1 Development Control Plan Parking (DCP Parking), 1998

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

 

 

Car Parking

a)   number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

Accessible Parking

 

 

 

b) layout

 

 

Bicycle Storage

 

 

1.5 spaces required for each three bedroom dwelling (1 x 1.5 = 2 spaces)

 

1.2 spaces required for each two bedroom dwelling (6 x 1.2 = 7 spaces)

 

1.0 spaces required for each one bedroom dwelling (10 x 1.0 = 10 spaces)

 

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

 

23 spaces

 

1 per accessible unit required (1 space)

 

 

As per DCP.

 

 

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

(8 bike spaces)

 

2 spaces

 

 

 

 

 

 

8 spaces

 

 

 

 

 

10 spaces

 

 

 

 

4 spaces

 

 

24 spaces

 

1 space

 

 

 

Adequate turning areas provided.

 

6 spaces

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

Yes

 

Yes

 

 

 

Yes

 

 

No*

* Conditioned to Comply

 

As indicated above, the proposal complies with the number of resident, visitor and bicycle spaces required for a development of this size. Discussion of traffic and parking impacts of the proposal is included in Section 9.11 of this report.

 

8.2  Council Policies

 

a)    Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes an additional 14 dwellings on the site. 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 $24,557.50. This amount has been calculated including the effect of Deferred Commencement Condition 2 which removes bedrooms from several units within the development. This amount must be paid prior to the issuing of any Construction Certificate (see Condition 32).

 

b)    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 31).

 

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 between 9.8 and 12 metres resulting in a compliance with the statutory standard of 12 metres. The maximum external wall height of the development is also 9.8-12 metres and does not comply with the standard of 10 metres.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 33(3) (Wall Height) of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

§  The development proposes a contemporary roof form featuring additional accommodation at loft level, resulting in a higher wall height than what would otherwise result from a traditional hip and gable roofed building with dormer windows;

§  The loft level is substantially stepped back from the outermost edge of the building in order to minimise its visual and environmental impact and overall bulk of the building

§  The maximum height of the building (RL38.0) is consistent with the height of the adjoining buildings to the rear at No. 98-102 Todman Avenue (RL37.6) and 96 Todman Avenue (RL38.0). The height analysis plan of the locality (Figure 18) demonstrates that the proposed building is consistent in terms of its scale with existing residential flat buildings within the locality. In terms of future development, the Kensington Town Centre DCP allows building heights of between four (4) and six (6) storeys within close proximity of the subject site;

§  The proposed building is well set back from side boundaries, minimising potential privacy, overshadowing and visual impacts on adjoining properties. The point at which the wall height exceeds 10 m is recessed further behind the external walls and the proposed development will not result in any unreasonable impacts as a result of the non-compliance with the wall height standard.

§  The proposal is considered reasonable in the circumstances, and strict application of the standard is unreasonable and unnecessary.

 

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.

 

The proposed development meets the statutory external wall height standard of 10 metres at the street edge of the development and to the rear edge of the development. The top floor level, which does not comply with the statutory standard has been setback from the edges of the building to minimise its visibility, bulk and scale and its impact on surrounding properties. The top floor level represents an additional storey on the building. As the development does not meet the FSR standard, the non-compliance is considered to be unreasonable in terms of its impact on the desired future character of the locality, bulk and scale and density.

 

In order to address these issues, Deferred Commencement Condition 2 requires that the master bedrooms to Units 12, 13, 16 and 17 be deleted. The will significantly reduce the non-compliance and improve the performance of the building with regard to overshadowing and visual bulk and scale. The top floor bedrooms to Units 14 and 15 may remain despite non-compliance with the wall height standard as the bulk of these rooms will not be highly visible from the street or surrounding properties. The area of non-compliance with wall height located centrally on the scheme occupies the area that would otherwise be occupied by roof form. This portion of the building does not result in significant overshadowing due to the generous side setbacks which meet Council’s preferred solutions.

 

The amenity of the top floor of Units 14 and 15 could be substantially improved as a result of the deletion of the top floor of Units 12, 13, 16 and 17 by reorienting these areas to face north. This would also reduce any privacy impacts from these rooms which currently face east with balconies. This change has been included in proposed Deferred Commencement Condition 3.

 

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 applicant has provided shadow diagrams in plan form, that indicate there will be no additional shadow to the northern elevation of the adjoining buildings and there will be no impact exceeding 3 hours per day midwinter as a result of the non-compliances. The additional height of the proposal will result in unreasonable additional shadow to properties to the south of the site and the removal of the southern portion of the loft area (Units 16 and 17) will reduce this additional impact.

 

The non-compliance of the development will not result in significant impacts on visual and acoustic privacy for surrounding dwellings, particularly once Units 14 and 15 are reoriented.

 

The area of non-compliance with the wall height standard proposed by the development will not result in significant adverse impacts on existing residential development. The development meets the objective of the standard, being to set upper limits for the height of buildings which are consistent with other development controls such as 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 objections in relation to these standards are well founded and should be supported, subject to the amendments proposed by Deferred Commencement Condition 2.

 

9.2 Density

 

The FSR of the proposal is 1.25:1 (1,296.29m2) and exceeds that permissible under clause 32(1) of the RLEP 98 for a development on the site, being 0.9:1 (930.6m2) by 366m2. 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:

 

§  The variation to the floor space ratio control sought is relatively minor and the majority of the additional floor space is located within the proposed loft level that will have minimal visual or environmental impact

§  The site is zoned to accommodate medium density housing and the objectives of the 2C zone promote a variety of dwelling types

§  The site is located within close proximity of public transport, as well as retail and community uses within the Kensington Town Centre, and is well able to support the density proposed;

§  The development will sit comfortably within the existing and future urban context, as the majority of existing buildings are multi-unit developments ranging in height from 2 to 4 storeys (refer Figure 18);

§  The proposed development maintains the existing established building line and provides adequate side and rear boundary setbacks, consistent with the character of the area and existing development on neighbouring properties;

§  The proposal will enhance the existing streetscape by providing landscape opportunities and a contemporary style of architecture well articulated and modulated by building forms and varied materials;

§  The development incorporates principles of sustainable development including energy efficiency, solar access and cross flow ventilation; and

§  The FSR proposed will not adversely impact on environmental amenity, including :

-        overshadowing, acoustic and visual privacy;

-        streetscape;

-        views and outlook;

-        traffic and parking;

-        urban form and quality;

-        landscaping; and

§  The site and its locality has no heritage status

 

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.

 

Consistent with the objective of the FSR standard, the development generally minimises impacts to neighbouring properties despite the non-compliance of the proposal with the density standard of 0.9:1. The FSR standard makes a general relationship between the site area and allowable density in order to ensure Council’s other statutory and policy controls can be met. Despite the non-compliance with the FSR standard, the proposal achieves a high degree of compliance with Council’s controls for landscaping, setbacks and carparking. Deferred Commencement Conditions will modify the building to further increase the compliance with landscaping objectives and minimise the impact of carparking on the site and minimise the wall height and FSR non-compliances to an acceptable level.

 

The top floor of the development significantly exceeds the wall height standard and contributes a substantial amount of additional floor area to the proposal. In order to minimise the impacts of the development in terms of overshadowing and visual bulk it is appropriate to delete the upper floors of Units 12, 13, 16 and 17. This will reduce the floor area of the development by 126m2 and result in an FSR of 1,170m2 or 1.13:1. As discussed in this report and the applicant’s SEPP 1 objection the FSR non-compliance (as reduced by Deferred Commencement Conditions) will not result in overshadowing, inadequate landscaping or privacy impacts. The amendments made to the articulation of the development have reduced its visual bulk to an acceptable level.

 

The redevelopment of the site for multi-unit housing is consistent with the objectives of the 2(C) zoning of the site. Current development on the site has a density less than that envisaged by the 2(C) zone. The addition of fourteen dwellings in this location is not excessive and can be accommodated on the site, as indicated by the compliance with parking requirements. Surrounding buildings are of a similar bulk and scale to the proposal and the development is consistent with surrounding built forms and will not result in excessive building bulk to the street. The site is not highly visible from surrounding areas or the foreshore and the bulk of the additional floor space has been adequately articulated to reduce impacts on the outlook of surrounding properties.

 

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, 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 storey 1960-80s walk-up flats and 1-2 storey freestanding and semi-detached dwelling houses. 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 dwelling house, it is generally compatible with the existing residential flat buildings in the zone and the desired future character for residential flat buildings with a three storey scale. The visibility of the top floor which appears as a fourth storey despite efforts by the applicant to provide a roof form is not consistent with the existing and future character of the area and therefore is to be removed (refer to Deferred Commencement Condition 2).

 

The proposal will remove three original houses from the street, which is included in the Draft West Kensington Heritage Conservation Area under Draft RLEP (Amendment 39). Despite the removal of three intact houses, the development will result in a bulk and scale which is consistent with the adjoining and neighbouring residential flat buildings. Should the Heritage Conservation Area be gazetted in the future, redevelopment of the subject site consistent with the current application would not detract from the already mixed character of the area. The proposal is distinguishable as a modern addition to the area from surrounding older properties, consistent with heritage best practice. Deferred Commencement Condition 1 requires submission of a sample board of colours and materials prior to operation of any consent to ensure that the finishes proposed to the building are consistent with heritage features in the area.

 

The development amalgamates 3 sites within Duke Street and meets the preferred solutions for site width and area under the Multi Unit Housing DCP. As a result of the development, the site at 16 Duke Street would be isolated due to the existing development at 18 Duke Street. The owner of 16 Duke Street was approached by the developers to purchase 16 Duke Street and include it in the proposal. Purchase of this lot was not available at that time. There is remaining development potential for 16 Duke Street, however it would be subject to a smaller scale (as per the RLEP98 standard for smaller sites in the 2C zone).

 

The development is satisfactory with regard to desired future character.

 

9.4     Building Setbacks

 

The setback of the building to Duke Street ranges between 3 metres at the upper levels to 5 metres at the ground floor level. 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 adjoining building at 6-8 Duke Street is setback 5 metres and the adjoining dwelling at 16 Duke Street is setback 3 metres. The development is consistent with the setback of existing buildings in the street and complies with the preferred solution under the Multi Unit Housing DCP.

 

The development is setback an average of 8 metres or more from the rear boundary at all levels and complies with the preferred solution for rear boundary setbacks. The minimum setback distance from the rear boundary is 7 metres and also complies with the preferred solution.

 

The development complies with the average setback requirement of 5 metres at the ground and top floor levels on the western side. Levels 1 and 2 have a minor non-compliance with the preferred solution for average setbacks of approximately 270mm to the western side boundary. This is not considered to be a significant breach as it does not limit the planting on the site, significantly increase overshadowing or privacy impacts and will not substantially increase the bulk and scale of the building as the non-compliance is due to balcony areas. The proposal does not comply with the minimum side setback requirements of 3.5 metres on the western side at ground, first and second floor levels. The non-compliance is 500mm short of the preferred solution and the minimum setback is breached by areas of façade approximately 5 metres in length. Conditions of consent (see Conditions 4-7) will ensure this non-compliance does not result in privacy impacts. The non-compliance does not result in significant bulk and scale impacts on the adjoining property at 16 Duke Street due to the high degree of building articulation as demonstrated by compliance with the preferred solution for average setbacks along this boundary.

 

Levels ground, 1 and 2 of the development are setback an average of 4.6-4.48 metres from the eastern side boundary with a minimum setback of 2.74 metres. These setbacks do not meet the preferred solutions under the Multi Unit Housing DCP. Despite non-compliance the proposal will not result in significant privacy impacts or visual bulk and scale impacts on the adjoining building at 6-8 Duke Street. Where privacy impacts may occur, conditions of consent have been imposed (see Conditions 4-7).The adjoining building is also in close proximity to the common boundary with the subject site and therefore the non-compliance will not result in negative impacts on the established streetscape. The setbacks on the eastern side allow for adequate planting with a majority of the setback provided comprising deep soil zone. This will allow for planting to further minimise the impact of the building on the adjoining residential flat building.

 

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. Notwithstanding that the development meets the preferred solution, the blade walls to the northern elevation of the development which highlight the entry to Unit 1 increase in width towards the ground. This increases the bulk and scale of these elements and is inconsistent with the linear character of the rest of the building. In order to improve the appearance of the northern elevation from the street, these blades are to remain the same width across all levels of the development (see Condition 2).

 

The development is satisfactory with regard to the building setback requirements of Council’s Multi-Unit Housing DCP.

 

9.5     Fences

 

Fencing to Duke Street is proposed that is generally 1.3 metres in height with the solid portion of the fencing a maximum of 700mm. This complies with the preferred solution for solid front fencing (being 1.2 metres) and is appropriate in the streetscape which is open with predominantly low fences. The private open space of Unit 1 occurs in the front yard of the development and the fencing will provide appropriate separation for the open space from the street. A shortcoming of the fencing is that it does not provide a clear delineation between the entry to Unit 1 and the main entry to the development. The fenestration and articulation of the building indicates the main entry to be at the centre of the site, however this is the entry to Unit 1. The main entry is further to the west. In order to improve the legibility of the development from the street the fence design and entry to Unit 1 are to be modified (see Deferred Commencement Condition 6). The applicant has not indicated boundary fencing to the site. The height of boundary fencing has been included as a condition of consent to ensure compliance with Council’s preferred solution (maximum height of 1.8 metres and constructed of lightweight materials).

 

The development is considered satisfactory with regard to fencing.

 

9.6     Landscaping and Private Open Space

 

The development provides 51% (532m2) of the site area as landscaping. This complies with the statutory requirement under clause 31(2) of the RLEP98 of 50% (517m2). Approximately 49% (252m2) of the landscaping occurs over basement areas, and this satisfies 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 1.0 metre to 10 metres in height and incorporates native species into the design.

 

All ground level units have access to some ground level private open space and the site is proposed to be well landscaped to all boundaries to provide outlook and amenity to residents and the street. Despite compliance with the statutory standards, the landscaping plan has not maximised areas for deep soil planting and minimised hardstand surfaces, in accordance with Council’s objectives for stormwater runoff. In order to address this deficiency and provide for an additional area for deep soil planting of approximately 55m2, Deferred Commencement Condition 4 requires that parking spaces 7 and 8 be deleted. This will have the effect of reducing the area over the basement to 41% of the required landscaping. The proposal is already one space in excess of Council’s parking requirements and the removal of four bedrooms via Deferred Commencement Condition 2 will allow for removal of another parking space without affecting compliance with the DCP – Parking.

 

Council’s Landscape Officer has noted several trees on Council’s nature strip that are to be protected during the works. Appropriate landscaping conditions have been proposed in the recommendation (see Conditions 130-142).

 

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. The ground floor levels of the development are close to existing floor levels and will not result in any privacy impacts to adjoining properties. To the first and second floor levels 4 balconies are proposed to the western elevation, which present opportunities for overlooking of the adjoining dwelling at 16 Duke Street. These balconies are setback 5m and comply with Council’s preferred solution. In order to minimise the impact of the balconies on the adjoining site at 16 Duke Street, Condition 4 requires solid balustrading to these balconies.

 

Living room windows are provided on the western and eastern elevations to several units, these rooms have alternative outlooks so to preserve visual and acoustic privacy to the adjoining dwellings (particularly the large number of units in close proximity to the common boundary at 6-8 Duke Street) Condition 7 requires that obscure glazing be provided to these windows. Condition 5 requires that the eastern and western edges of the rear facing balconies to Units 10, 11, 16 and 17 are appropriately treated to prevent overlooking.

 

Concern is raised regarding the potential for overlooking from the top floor of the development to 16 Duke Street. The majority of habitable floor area on this level is to be deleted from the plans under deferred commencement condition 2. The central section of the top floor which may be retained provides two west facing balconies that are very elevated and provide opportunities for overlooking. As a result of deferred commencement condition 2, these areas could be reoriented to face north-south instead of east west. This would minimise the impact of the development on the visual privacy of 16 Duke Street and also provide these bedroom areas with a northerly aspect (which they do not have on the current plans). This has been included as a deferred commencement condition (see deferred commencement condition 3).

 

In order to address the concerns of the residents at 16 Duke Street in relation to overlooking from the circulation areas of the development, a condition of consent has been proposed to obscurely glaze these windows (see Condition 6).

 

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

 

9.8     View Sharing

 

Expansive views are not enjoyed from the subject site nor surrounding properties and the proposed development will not result in the reduction of views or outlook.

 

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

 

9.9     Solar Access and Energy Efficiency

 

The orientation of the site to north results in shadows cast moving significantly throughout the day. The proposal will result in additional shadow being cast on the eastern elevation of the adjoining dwelling to the west (16 Duke Street) at 9am midwinter. At 12pm shadow is cast on the subject site and 98 Todman Avenue to the rear of the site. By 3pm the western elevation of 8 Duke Street to the east will be affected by additional shadow. The proposal will not result in additional shadow being cast on the northern elevation of the adjoining properties.

 

The applicant has provided shadow diagrams which indicate the shadows cast by the proposal in plan form. The diagrams do not show the existing shadows cast by development on the subject site and surrounding sites or elevational shadow diagrams. The applicant was requested to provide this information on 7 December 2004 with no response. Notwithstanding this, the northerly orientation of the sites and the level topography make an assessment of the shadow impacts possible from the submitted information.

 

Performance requirements P1.2 and P1.3 of the Multi Unit Housing DCP provides the following with regard to solar access:

 

P1.2  Living areas of neighbouring dwellings do not have access to sunlight reduced to less than 3 hours per day throughout the year*

 

P1.3  At least 50% of the principal landscaped areas of neighbouring dwellings does not have access reduced to less than 3 hours per day throughout the year*

          *If less than this is available in the existing situation, the new development is not to reduce this further.

 

At 9am on the autumn and spring equinoxes, the proposal will overshadow all windows on the eastern elevation of the adjoining dwelling at 16 Duke Street and approximately 75% of the rear yard of this property. By midday, the proposal will have no effect with all shadows cast within the subject site, likewise at 3pm the proposal will not affect this dwelling. Given the existing development to the west at 18 Duke Street, the house at 16 Duke Street is likely to receive the required 3 hours of solar access between approximately 10am and 1pm at the equinoxes.

 

At 9am at the summer solstice, the development shadows all but one of the windows in the eastern elevation of 16 Duke Street and approximately 70% of the rear yard receives full sun at this time of year. At midday the proposal will not cause any overshadowing to 16 Duke Street and this property will have full solar access as per the existing situation. By 3pm the building at 18 Duke Street will overshadow 16 Duke Street. Therefore 16 Duke Street will retain solar access between approximately 9.30am and 1.30pm at the Summer solstice and complies with the preferred solution.

 

At 9am midwinter, the proposal overshadows 100% of the rear yard of 16 Duke Street and 3 windows on the eastern elevation. Three east facing windows to this dwelling remain unaffected by shadow. The development also casts a significant amount of shadow on properties to the rear at 92 and 98 Todman Avenue. A significant amount of shadow is cast by the loft area to the rear of the building to properties on Todman Avenue and this considered unacceptable as it results from non-compliance with Council’s statutory wall height standard. This area will be removed as a result of deferred commencement condition 2 reducing the impact to a reasonable level.

 

At midday midwinter, 16 Duke Street will achieve full solar access as per the existing situation. This condition occurs from approximately 11am as indicated on diagrams submitted by the objectors at 16 Duke Street. The top floor of the development will overshadow properties to the south at 92 and 98 Todman Avenue and as stated above, this is considered unreasonable but will be addressed by deferred commencement condition 2. By 3pm midwinter, the proposal will overshadow the western elevation 8 Duke Street to the east of the site. After approximately 12.30pm the dwelling at 16 Duke Street will be shadowed by the existing development at 18 Duke Street. 16 Duke Street will achieve solar access from 11am to 12.30pm. This is less than the 3 hours stipulated under the DCP and does not meet the preferred solution.

 

Despite non-compliance with the DCP, the Land and Environment Court has recently adopted a planning principle (Parsonage vs Ku-ring-gai Council) with regard to solar access. The principle is as follows:

 

Numerical guidelines dealing with the hours of sunlight on a window or open space usually leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level. Numerical guidelines should therefore be applied with the following principles in mind, where relevant:

 

§  The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.

 

The subject site and dwelling at 16 Duke Street are both in the 2C residential zone. This is the highest density residential zone. The overshadowing caused to 16 Duke Street is a result of orientation and the density envisaged on the site, not the areas of non-compliance. Minor changes to the building to achieve absolute compliance with side setbacks and removal of the roof top units will not result in the achievement of 3 hours of solar access to 16 Duke Street midwinter. In this instance the overshadowing impact of the development to 16 Duke Street is not considered to be unreasonable.

 

§  The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained

 

The shadow diagrams indicate that the eastern side elevation is already substantially overshadowed by existing development on the site and the dwelling itself due to the easterly orientation of the wall. Due to the increased front setback of the proposal, the development will actually increase the amount of solar access to the northeastern elevation of 16 Duke Street during midwinter mornings. Unfortunately there are no windows in this portion of the elevation so this improvement is not capitalised on by the dwelling at 16 Duke Street. Notwithstanding this, the dwelling will retain full solar access to the northern elevation throughout the day. It is considered that the proposal maintains reasonable solar access to 16 Duke Street midwinter given the existing situation and the amount of sunlight lost as a result of the proposal is not substantial.

 

§  Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

 

The proposal is considered to meet the majority of Council’s building envelope controls. With the exception of the wall height standard, the non-compliances are considered minor and do not result in additional shadowing. The overshadowing is not considered to be the result of a poor design but of the limitations of the existing context, being a high density residential zone.

 

§  To be assessed as being in sunlight, the sun should strike a vertical surface at a horizontal angle of 22.5o or more. (This is because sunlight at extremely oblique angles has little effect.) For a window, door or glass wall to be assessed as being in sunlight, half of its area should be in sunlight. For private open space to be assessed as being in sunlight, either half its area or a useable strip adjoining the living area should be in sunlight, depending on the size of the space. The amount of sunlight on private open space should be measured at ground level.

 

Due to the lack of elevational shadow diagrams, this aspect of the proposal has not been assessed. The assessment above relies on when the shadow leaves the eastern elevation of 16 Duke Street entirely, therefore the dwelling may achieve greater levels of solar access applying this Court principle when shadow only occupies half of the area of the windows.

 

§  Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

 

These items have not  been included in the submitted shadow diagrams, however due to the orientation of the site fences are not a critical factor in assessing the impact to adjoining sites.

 

§  In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

 

It is likely that in the future a larger building may be built at 16 Duke Street. The existing dwelling is only single storey. A two storey development on this site would gain greater solar access opportunities and would also present the opportunity to orient living areas to the north, which is unimpeded by additional shadow. The development will not significantly reduce the amenity of any future development on the adjoining site.

 

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 31 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 development proposes balconies and living areas to the Duke Street elevation that will assist with casual surveillance of the street. The development provides a main entry to the site nearby the western boundary of the development. A security gate and intercom system has been conditioned to this entry to improve the security of the development (see Condition 9). Likewise, a security gate and intercom system is also to be provided to the basement carparking (see Condition 8). Lighting is to be provided to the main entry of the development (see Condition 11) and is to be arranged so as not to cause a nuisance or lightspill to adjoining properties.

 

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

 

9.11   Traffic and Parking

 

The development meets Council’s requirements with regard to bicycle, resident and visitor car parking. The reductions to the building suggested in Deferred Commencement Condition 2 result in a reduced parking requirement which will provide for deletion of two car spaces. The plans indicate a driveway width and arrangement that do not meet the Australian Standard. Deferred Commencement Conditions 7 and 8 requires that the driveway be amended to achieve compliance prior to operation of the consent.

 

The Director City Services has commented on the likely traffic generation of the proposal and is satisfied the development will not result in significant additional traffic impacts on the locality.

 

The development is satisfactory with regard to traffic and parking, subject to compliance with Deferred Commencement Conditions.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposed building as amended by the deferred commencement conditions, is appropriate on the site given the desired future character of the area, the objectives and standards contained within RLEP98, including the proposal’s impact on the nearby heritage items and 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 subject site is included in a proposed Duke Street conservation area, however the final form of the draft conservation area is neither imminent nor certain, and should not be given determinatative weight in this application.  Whilst the architectural merit of the existing dwellings in acknowledged, given the 2C zoning of the site there is an intrinsic conflict between the potential conservation listing and the redevelopment opportunities afforded by the zoning.  Given the potential conservation area has only draft status and the current zoning provides for multi unit housing, greater weight must be given to the current statutory provisions.  Further, the development was lodged well before the exhibition of the Draft areas and as such it would be difficult to sustain refusal of the application based on a potential conservation area listing.

 

The proposal will not have a significant impact on surrounding properties and the non-compliances with policy controls and statutory standards will not exacerbate impacts (subject to compliance with Deferred Commencement Conditions). The application is therefore recommended for approval subject to deferred commencement 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(1) and 33(3) of the Randwick Local Environmental Plan 1988, relating to floor space ratio and external wall height, on the grounds that the proposed development is consistent with the objective of the clause 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 506/2004 for Demolition of existing buildings on the site and construction of a new 4 storey multi unit housing development comprising 10 x 1, 6 x 2 and 1 x 3  bedroom dwellings and basement carparking for 24 cars. at 10-14 Duke Street, Kensington 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.       Details of the proposed colours, materials and textures (ie: sample board and coloured elevations) are to be submitted to and approved by Council’s Director City Planning.

 

2.       The upper floors of Units 12, 13, 16 and 17 are to be deleted from the plans. This condition is imposed to minimise overshadowing and the visual bulk and scale of the proposal.

 

3.       The upper floors of Units 14 and 15 are to be reoriented to face north-south with no increase to the area of this part of the building. North facing windows are to be provided wherever possible and access to natural light and ventilation is to be maximised to bathroom areas. This condition is imposed to improve the amenity of Units 14 and 15 and minimise the privacy impacts to 16 Duke Street.

 

4.       Parking spaces number 7 and 8 are to be deleted and the rear wall of the basement moved north in favour of deep soil landscaping. Details, including intended planting to this area, are to be shown on the plans submitted to satisfy the deferred commencement conditions. This condition is imposed to maximise deep soil areas for enhanced landscape opportunities.

 

5.       Amended plans are to be submitted showing a ground floor unit as an accessible or adaptable unit. Door widths and placement of fittings are to reflect compliance with AS1428.1 and AS 4299. This condition is imposed to ensure compliance with the Multi Unit Housing DCP.

 

6.       The front fence is to be modified to provide greater delineation between the main entry to the development and the private entry to Unit 1. The entry gate to Unit 1 is to be moved so that it is adjacent to the driveway to the development at the eastern end of the site. This condition is imposed to maximise the privacy to Unit 1 and to minimise confusion as to the main building entry from the street.

 

7.       Prior to this consent becoming operational, the applicant shall be requested to submit amended plans (including a longitudinal section through the centerline and inside edge of the driveway) showing:

a.       A high point being provided across the full width of the driveway to a minimum RL of 26.50 (i.e. 300mm above the adjacent top of kerb level).

b.       Compliance with the issued alignment level at the property boundary; and

c.       Satisfactory ramp grades in accordance with AS 2890.1 (2004)

 

8.       Prior to this consent becoming operational, the applicant shall submit amended plans showing:

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

b.       The clear width of the internal driveway being:

§  a minimum 5.5 metres for the first 6 metres into the site; and

§  a minimum 3.0 metres with 300mm wide kerbs on either side at all other points (in accordance with section 2.5.2 of AS 2890.1 (2004)).

 

Evidence required to satisfy these conditions must be submitted to Council within 12 months of the date of this consent.

 

Development Consent Conditions

 

1.       The development must be implemented substantially in accordance with Revision C of the plans numbered Job No. 0343 and drawing numbers C01-C09, dated 01/12/04 in the amendments box and stamped received by Council on 1 December 2004, the application form and on any supporting information received with the application, except as may be amended by the information submitted to satisfy the deferred commencement conditions and as amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The blade walls adjacent to the entry to Unit 1 on the northern elevation are to project a maximum of 2 metres from the northern external wall of the development. This condition is imposed to minimise the bulk and scale of the development. Details are to be included prior to issue of a Construction Certificate.

 

3.       The finished floor to finished ceiling height is to be 2.7 metres. Details are to be included prior to the issue of a Construction Certificate.

 

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:

 

4.       Solid balustrading is to be provided to the west facing balconies of Units 8, 9, 14 and 15.

 

5.       A privacy screen having a minimum height of 1.8m is to be provided to the western and eastern edges of the balconies to Units 10, 11, 16 and 17and the screen shall be constructed of timber slats at a spacing which precludes overlooking of adjoining properties. This condition is imposed to protect the privacy of dwellings at 8 and 16 Duke Street.

 

          Details of compliance are to be provided in the Construction Certificate plans.

 

6.       The west facing glazing to the common stairs within the development is to be obscured. The glazing is only to be operable if it is 1.5m or higher above finished floor level. This condition is imposed to maintain privacy to the adjoining dwelling to the west.

 

          Details required by this condition are to be provided with the Construction Certificate plans.

 

7.       The sill height of the following windows are to be increased to be a minimum height of 1.7m above floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above floor level.

 

§  The east facing living room windows to Units 17 and 11

§  The west facing living room windows to Units 10 and 16

 

8.       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 may 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.

 

9.       Visitor parking spaces are to be clearly signposted within the basement carpark. Details are to be provided with the construction certificate application.

 

10.     An intercom and gate is to be provided at the building line to secure the pedestrian path along the western side of 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.

 

11.     Adequate lighting is to be provided to external entry path of the development on the western side of the building to allow residents and visitors to safely access the building. Adequate lighting is also to be provided to communal areas within the building including the basement carpark. Details are to be included in the construction certificate application.

 

12.     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.

 

13.     Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1.8m*, to maintain reasonable levels of amenity to the adjoining premises.

 

          An allowance of up to 150mm is permitted at required ‘step-downs’ or changes in level.

 

14.     There must be no encroachment of any part of the structures onto the adjoining premises or onto Council’s road reserve, footway or public place.

 

15.     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.

 

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

 

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

 

18.     The enclosure of balconies is prohibited by this consent.

 

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

 

20.     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.

 

21.     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.

 

22.     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.

 

23.       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.

 

24.       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:

 

25.     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.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     Appliances provided within the development must satisfy any relevant BASIX requirements and as a minimum appliances should satisfy the following energy ratings:

 

·           Clothes dryers minimum 2.5 star

·           Dishwashers minimum 3 star

·           Air conditioners minimum 4 star

·           Clothes washers minimum 45 star

·           Fridge minimum 4 star

 

30.     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.

 

31.     A rainwater tank, of sufficient size to provide water for irrigation of landscaped areas within the development and for internal toilet flushing and clothes washing machine use, is to be provided to the development in accordance with Council’s Rainwater Tank Policy, to Council’s satisfaction.

 

          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, 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:

 

32.     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                                  $16,733.50

b)      for the provision or improvement of community facilities                      $  7,399.00

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 maintain reasonable levels of environmental amenity and public health safety:

 

33.     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).

 

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:

 

34.     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.

 

35.     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.

 

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:

 

36.     The residential units are to achieve the following internal acoustic amenity criteria:

 

a)       In naturally ventilated residential units; the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       35 dB(A) between 10pm and 7am in sleeping areas when the windows are closed;

·       45 dB(A) in sleeping areas when windows are open;

·       45 dB(A) in living areas (24 hours) when the windows are closed, and

·       55 dB(A) in living areas when the windows are open.

 

b)      In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       38 dB(A) between 10pm and 7am in sleeping areas;

·       46 dB(A) in living areas (24 hours).

 

          Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Council and the Certifying Authority, by the Acoustic consultant, prior to the construction certificate being issued.

 

37.     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.

 

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

 

39.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

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

 

42.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

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

 

43.     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.

 

44.     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 relevant documentation for the construction certificate.

 

45.     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 ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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”.

 

52.     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.

 

53.     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.

 

54.     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.

 

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

 

55.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions. The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

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

 

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

 

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

 

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

 

57.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandahs, fences, retaining walls, swimming pools and driveways etc.) located upon:

 

a)       all of the premises adjoining the subject site.

 

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

 

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

 

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

 

59.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July 1993.

 

60.     Any 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”.

 

61.     A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

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

 

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

 

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

 

63.     If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must:

 

·        preserve and protect the building /s on the adjoining land from damage; and

·        if necessary, underpin and support the building and excavation in an approved manner; and

·        at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

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

 

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

 

66.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

67.     Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

68.     A 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.

 

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

 

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

 

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

 

70.     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”.

 

71.     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.

 

72.     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.

 

73.     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.

 

74.     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.

 

75.     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.

 

76.     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.

 

77.     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.

 

78.     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.

 

79.     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.

 

80.     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.

 

81.     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.

 

82.     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.

 

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:

 

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

 

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

 

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

 

84.     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:

 

§  Completion of the civil works as conditioned in this development consent by Council; and

§  A satisfactory final inspection by Council that no un-repaired damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge during the construction works on the site.

 

          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.

 

85.     A report must be submitted to and approved by the Certifying Authority, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering. This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not be 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 other relevant requirements 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 (i.e. in relation to access, monitoring and rectification of possible damage to other premises)

·      Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·      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.

·      Confirmation that 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 or damage of the adjoining or nearby buildings within the zone of influence.

 

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 site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

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

 

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

 

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

 

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

 

c)       Re-construct a kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

 

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

 

e)       Construct a new 1.3m wide concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

          Important note: Following removal of the old crossings, footpath and kerb and gutter, the applicant shall contact Council’s Landscape Technician (9399 0613) to inspect the location of existing tree roots and organise (if appropriate) for root grinding and/or cutting of roots prior to constructing the new infrastructure. All costs associated with root grinding and/or root cutting shall be met by the applicant.

 

87.     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.

 

88.     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.

 

89.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

90.     The internal driveway must be a minimum 5.50m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

91.     A Works Zone is to be provided in Duke Street for the duration of the construction works. The ‘Works Zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the Works Zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

          It is noted that the requirement for a Works Zone may be waived if it can be demonstrated (to the satisfaction of Council’s traffic engineer) that all construction related activities (including all loading and unloading operations) may be undertaken wholly within the site.

 

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

 

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

 

§  At RL 26.18 (AHD) on the eastern edge of the proposed driveway;

§  At RL 26.20 (AHD) on the western edge of the proposed driveway;

§  Match the back of the existing footpath at the western site boundary; and

§  Grade linearly:

i)       Across the driveway; and

ii)       Between the western edge of the proposed driveway and the western site boundary.

 

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

 

94.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $754.40 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.

 

95.     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 access. 

 

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

 

96.     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.

 

97.     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.

 

98.     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.

 

99.     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.

 

100.   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:

 

101.   The floor level of all habitable and storage areas (excluding areas in the basement carpark) shall be at a minimum RL of 26.65 (AHD) or suitably waterproofed up to this same level. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

102.   The proposed internal driveway (and any other openings into the basement carpark from Duke Street) must be designed with a high point at least 300 mm above the adjacent top of kerb levels (i.e. to a minimum RL of 26.50 (AHD)). The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

103.   All structural walls on the ground floor level 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.

 

104.   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 (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

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

 

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

105.   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.

 

106.   All site stormwater must be discharged (by gravity) to either:

 

a)       The kerb and gutter or drainage system at the front of the property; OR

b)      A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

107.   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.

 

108.   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.

 

109.   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.

 

110.   The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

111.   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

 

112.   Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

113.   The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

114.   (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).

 

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

 

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

 

117.   A reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system. (TO BE INCLUDED IF CONNECTING TO COUNCIL’S UNDERGROUND DRAINAGE SYSTEM)

 

118.   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.

 

119.   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.

 

120.   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/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

          Notes:

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

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

 

121.   Two covered car washing bays shall be provided for this development.

 

a)       The car washing bays 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 bays must be located outside any required/approved stormwater detention system.

 

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

 

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

 

e)       A water tap shall be located adjacent to the car washing bays.

 

122.   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).

 

123.   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 following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

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

 

Notes:-

 

a)       Any subsoil drainage (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 around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site).

 

125.   A dilapidation survey of the surrounding properties and infrastructure shall be undertaken by a suitably qualified person prior to the commencement of work.

 

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

 

126.   The waste storage areas shall be sized to contain a total of 18 x 240 litre bins (9 garbage bins & 9 recycle bins) whilst providing satisfactory access to these bins.

 

127.   The waste storage areas shall be clearly signposted.

 

128.   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.

 

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

 

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

 

130.   The landscaped areas shown on the sheet number LSK 01, job number 03.754, prepared by GreenPlan Landscape Architects Pty Ltd, dated 22.06.04 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority prior to the issue of a construction certificate. If Council is not the certifying authority for the site, the applicant will still be required to forward a copy of the approved plans to Council for record purposes. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

Notes:

§  The landscape plan shall show the provision of continuous decorative hedge around the perimeter of the site using a species that will attain a minimum height of 3 metres at maturity.

 

§  The landscape plans shall show deletion of the proposed nature strip planting beneath the Fig tree along the Duke Street frontage. This area shall be turfed along the length of the full site frontage.

 

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

 

Note:

§  The 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.

 

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

 

Note:

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

 

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.

 

Note:

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

 

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

 

131.   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.

 

132.   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.

 

133.   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.

 

134.   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.

 

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

 

136.   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.

 

137.   Approval is granted for the removal of the following trees subject to the planting of 6 x 100 litre broad canopied replacement trees (not palms) suitably located within the deep soil zones around the perimeter of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a)       One Jacaranda mimosifolia (Jacaranda) in the rear yard of 12 Duke Street

b)      One Lagerstroemia indica (Crepe Myrtle) in the rear yard of 12 Duke Street

 

138.   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.

 

139.   Should pruning of any branches on the Fig tree’s located in Council’s road reserve in front of 12 Duke Street or 8 Duke Street be necessary in order to accommodate site access/machinery, the applicant will be required to contact Council’s Landscape Technician (9399-0613) at least 2 full working days prior to needing the work conducted, so that the necessary arrangements can be made for such work. The applicant shall meet all cost associated with pruning the trees.

 

140.   In order to ensure the retention of the Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) in Council’s road reserve in front of 12 Duke Street 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 tree specimen with the position of the tree trunk and full diameter of the tree canopy clearly shown on all drawings.

 

b.       The tree is to be physically protected by the installation of protective fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1 metre from the outside edge of the tree 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 and no stockpiling of soil or rubble.

 

          Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of Council’s Officer.

 

d.       Any excavations required for footings, structures, retaining walls, services, pipes, paving etc within 4 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of Council’s Officer.

 

Notes:

§  Any detention tanks/infiltration areas proposed along the front property boundary shall be setback at least 6 metres from the outside edge of the tree trunk.

 

§  All sections of the proposed new front fence located within 6 metres of the outside edge of the tree trunk, shall be constructed using pier a beam footings to minimise damage to the tree roots.

 

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

 

f.        A refundable deposit in the form of cash or cheque of $6,340.00 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

 

1

 

Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig)

 

$6,340.00

 

 

 

TOTAL

 

$6,340.00

 

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 tree has been retained in good health.

 

Any contravention of Council's conditions relating to the tree 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.

 

141.   A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for the amount of $13,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

142.   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 C2     -           Compartmentation and separation

d)      Part C3     -           Protection of openings

e)       Part E1      -           Fire fighting equipment

f)       Part E2      -           Smoke Hazard Management

g)       Part E4      -           Emergency lighting, exit signs & warning systems

h)       Part F1      -           Damp and weatherproofing

i)        Part F2      -           Sanitary and other facilities

j)       Part F4      -           Light and ventilation

k)      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.

 

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

 

ATTACHMENT/S:

 

A.  A4 Plans

B.  General Terms of Approval - Water Licence       

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

13 April, 2005

FILE NO:

D/0116/2005

 

PROPOSAL:

 Alterations and single storey rear addition to existing dwelling to create a 12 room boarding house with associated communal areas, landscaping and parking

PROPERTY:

 6 Lorne Avenue, Kensington

WARD:

 West Ward

APPLICANT:

 Cracknell Lonergan Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.       EXECUTIVE SUMMARY

 

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

 

The application proposes alterations to the existing dwelling on the site and construction of a single storey addition to the rear of the existing dwelling comprising 12 bedrooms with ensuites for the purposes of a boarding house. The main issues for consideration are  potential amenity impacts to surrounding properties, the draft heritage status of the site under the proposed South Kensington and West Kingsford Heritage Conservation Area and the incentives for affordable housing contained within Draft LEP 22. There are no relevant policy controls for boarding house development and as such a merit based assessment has been undertaken with reference to section 79C of the Environmental Planning and Assessment Act.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

The applicant seeks approval to demolish the existing garage to the rear of the site and construct a new single storey addition to the rear of the existing dwelling comprising 12 bedrooms with ensuites and internal alterations to the existing dwelling to create communal kitchen, bathroom and living areas and use the altered premises as a boarding house.

 

The rear addition is proposed to have a courtyard form with a landscaped garden forming the central focus for a single bank of six rooms on the northern and southern sides of the site. These rooms will be accessed via a covered colonnade extending the length of the rear addition. The addition is single storey with a flat roof and excavation is proposed to assist in minimising the visual bulk and scale of the proposal.

 

Landscaping is proposed around the existing dwelling and to the centre and northern and southern sides of the rear addition. A timber deck is proposed within the existing northern setback of the existing dwelling on the site, extending the length of the proposed communal lounge and kitchen facilities.

 

Two hardstand carparking spaces are proposed side by side behind the front fencing of the northern half of the front of the site, utilising the existing driveway crossover from Lorne Avenue. The applicant proposes to remove the existing side driveway (after the new hardstand spaces) and replace it with landscaping at the front of the site and a deck, bedrooms and landscaping to the rear of the site.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the western side of Lorne Avenue at the centre of the block created by Roma Avenue and Grosvenor Street in Kensington. The site is a rectangular shape, and has frontage of 13.715 metres to Lorne Avenue. The northern and southern side boundaries measure 44.75 metres. Due to the subdivision pattern in the area the rear (western) boundary adjoins the eastern side boundary of 17 Grosvenor Street. The site has a total area of 613.7m2.

The site is currently used as a single dwelling house. A driveway exists along the northern side boundary of the site with a single garage in the northwestern corner of the site. The site changes in level approximately 3 metres from rear to the street and this change in level is currently accommodated by a retaining wall in the rear yard.

 

Across Lorne Avenue to the east of the site is 7 Lorne Avenue, a 2-3 storey multi unit housing development. Adjacent the site to the south is 8 Lorne Avenue, a single storey dwelling house. The adjacent site to the north is 4 Lorne Avenue also occupied by a single storey dwelling house. Adjacent the site to the west (rear) is 17 Grosvenor Street a single storey dwelling house. It should be noted that the dwellings at 17 Grosvenor Street and 8 Lorne Avenue are improved with brick and fibro outbuildings to the rear of their sites which are built on or close to the common boundary with the subject site.

 

The locality is characterised by residential development, typical of the 2(c) zoning on the eastern side of Lorne Avenue and smaller scale development consistent with the 2(a) zoning on the western side of Lorne Avenue. Further to the west of the site, large scale educational uses exist. The site is located within the Draft South Kensington and West Kingsford Heritage Conservation Area.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

There is no relevant application history.

 

b.       HISTORY OF SITE USAGE

 

The site is currently used as a dwelling. Council’s records do not indicate any recent development applications relating to the site.

 

5.       COMMUNITY CONSULTATION:

 

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

 

5.1     Objections

 

1.       K & W Waitong, 8 Lorne Avenue, Kensington

 

·        Boarding house would negatively impact on value of 8 Lorne Avenue

 

Comment:  The proposal is consistent with the planning objectives of the locality and will not adversely impact on the amenity of adjoining properties.

 

·        Lorne Avenue is already overpopulated due to recent development and the street is dangerous and congested due to high traffic volumes

 

Comment:  The proposal for affordable housing is unlikely to contribute high traffic volumes to the street as tenants are unlikely to have a high rate of car ownership and the site is in close proximity to Anzac Parade and major public transport links.

 

·        Kind of tenants the boarding house would attract would be undesirable such as backpackers, criminals, reforming drug users etc.

 

Comment: The applicant has advised that a full time caretaker will be on the premises. Operation of the premises will be controlled by a Council approved  Management Plan (see Condition 2).

 

·        Impact of the proposal on the possible heritage listing of the house

 

Comment: Council’s heritage planner has made comment on the proposal (see Section 6.3) and is satisfied that it will not affect the potential conservation of the area or the heritage listing of the subject site.

 

·        Approval of townhouses at 7 Lorne Avenue has impacted amenity due to noise/ light nuisance, subject site is owned by the same family who are no longer residents of this part of Kensington.

 

Comment: Ownership of the site is not a planning consideration. Any approval will stay with the property, not the owners or operators and conditions of consent may be applied to ensure ongoing management of the premises minimises any amenity impacts.

 

2.       V. Georgouras, address not given (10 Lorne Avenue from Council records)

 

·        Deleterious effect on amenity and quiet enjoyment of property

 

Comment: Refer to Section 9 for discussion of amenity impacts

 

·        Overpopulation of Lorne Avenue due to recent development and lack of parking. High density housing was meant to be limited to the eastern side of the street.

 

Comment: The proposal complies with the DCP Parking and use of the site for a boarding house is a permissible use in the Residential 2A zone.

 

·        Parking for only one vehicle on plan

 

Comment: Parking for 2 vehicles in accordance with the DCP Parking has been provided.

 

·        Negative impact on property value

 

Comment: Refer to comment above.

 

·        Disruption of short stay tenants and dumped rubbish/ furniture etc.

 

Comment: The Management Plan required under Condition 2 will address this issue and ensure that rubbish and excess furniture are properly disposed of.

 

·        Suggestion that boarding house will be occupied by ill patients from a third world country with infective diseases

 

Comment: Tenancy will be managed by the operators of the boarding house. There is no suggestion that the boarding house will be used for other purposes such as a hospice or medical facility. Such uses would be prohibited by any consent for a boarding house as these uses would fall under the separate definition of ‘health consulting rooms’ or ‘hospital’ in RLEP98. State government housing affordability incentives exist to promote long term residential boarding house accommodation, rather than short term stays.

 

·        How does development fit with conservation proposals for the area

 

Comment: Council’s heritage planner has made comment on the proposal (see Section 6.3) and is satisfied that it will not affect the potential conservation of the area or the heritage listing of the subject site.

 

·        House is not an existing boarding house

 

Comment: This issue is related to the first notification period where letters incorrectly stated that the alterations and additions were to an existing boarding house not an existing dwelling house. Letters were reissued to all affected residents stating the correct description of the works on 16 March 2005.

 

A petition containing 29 signatures objecting to the proposal was also received.

 

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 City Services

 

The Director, City Services has made the following comment in relation to the proposal:

 

An application has been received for alterations and additions at the above site.

 

Landscape Comments

 

On Council’s Lorne Avenue nature strip, there is one Melaleuca quinquinervia (Broad Leafed Paperbark) of approximately 12 metres in height and 5 metres in width, which appears in good condition and is covered by Council’s Tree Preservation Order.

 

Despite this species possessing an aggressive root system, it appears to be causing no damage to surrounding ground level infrastructure, and is deemed to provide a positive contribution to the amenity of the site and streetscape.

 

The plans propose an extension of the existing driveway into a hardstand area which will fall beneath a small percentage (less than 10%) of this tree’s canopy. The lowering of levels in close proximity to the trunk and the associated loss or severing of roots are the biggest threat to this tree; however, the subject area has been previously raised to achieve a level yard, and as such, it is anticipated that excavating back down to the actual ground level would have a negligible impact on the health of this tree.

 

Nevertheless, in order to ensure its retention, the applicant will be required to comply with the protection measures listed in this report.

In the front yard, against the northeast corner of the existing building, there is one Archontophoenix cunninghamiana (Bangalow Palm) of approximately 3-4 metres in height, which appears in reasonable condition. Although covered by Council’s Tree Preservation Order, it is not deemed a significant specimen, and as there are no site works proposed in close proximity to this palm, the applicant will be required to retain this palm as an existing site feature.

 

In the rear yard, close to the northwest corner of the existing building, there is one Archontophoenix cunninghamiana (Bangalow Palm) of approximately 5 metres in height. This specimen appears in reasonable condition and is covered by Council’s Tree Preservation Order, but as it will not be possible to retain this palm and proceed with construction as shown, approval is granted for its removal.

 

There are other trees within the rear yard as indicated on the plans, however, these are too small to be covered by Council’s Tree Preservation Order, and as such, do not require consent for removal.

 

Should the application be approved the following conditions shall apply:

 

Conditions proposed by Council’s Director, City Services have been included in the Recommendation section of this report (see Conditions 55-60). The existing driveway is required to be retaining ensuring that the Paperbark on the naturestrip is not affected by the works.

 

6.2     Manager, Environmental Health and Building

 

The Manager, Environmental Health and Building has made the following comment in relation to the proposal:

 

Building Services comments

 

The Proposal

 

The proposal provides for the construction of a boarding house with twelve (12) sole occupancy rooms and the existing dwelling is to be used as a boarding house.

 

BCA Building Classification

 

§  Class 1 (b)                     -           Boarding House

 

Key Issues

 

Site Management:

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

 

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

 

Building Code of Australia (BCA):

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

 

Conditions proposed by Council’s Manager, Environmental Health and Building have been included in the Recommendation section of this report (see Conditions 24-52).

 

6.3     Heritage Issues

 

The application was referred to Council’s Heritage Planner for advice as the subject site is included within the proposed South Kensington and West Kingsford Heritage Conservation Area and is noted as a contributory item within the Area. Council’s Heritage Planner responded as follows:

 

The subject site is a single storey bungalow constructed on the cusp of the Federation and Inter War periods.  It demonstrates a mix of typical Federation forms and materials with slightly later Inter War period detailing, forms and construction technique.  The dwelling features a hipped and gabled roof with a large projecting gable over the front verandah.  A secondary hipped verandah roof extends from the gable being supported on a brick balustrade and timber posts.  Geometric style timber brackets are attached to the posts.  The walls are face brick with a rendered base and the windows are timber and either casement or double hung with the large façade window featuring a masonry lintel.  The roof has been retiled in slate with terracotta ridge capping.  There looks to be an early brick and fibro garage in the rear yard.  The dwelling looks to be largely intact.  The streetscape features various other single storey dwellings mostly in the Californian Bungalow style.  Some higher density redevelopment has occurred opposite the site in the form of two storey villas.

 

The dwelling is located within the Proposed South Kensington and West Kingsford Conservation Area.  The significance of the area has been attributed to the ability to represent the development of Kensington and Kingsford as Inter War Period middle class suburbs featuring consistent streetscapes due to the form of the dwellings with many good examples of Californian Bungalows and residential styles of the period.

 

The subject dwelling is considered to be a contributory item in the area due to its period of construction, style, form, detailing, materials, scale, siting and the relatively high degree of integrity of the dwellings external form.

 

The proposal is for internal works to the rear of the dwelling and the addition of two single storey wings to the rear of the dwelling each featuring 6 single rooms.  Internally the front three rooms are to be retained while some walls to the rear rooms are to be removed to create a communal lounge and kitchen area.  New sliding doors are to be inserted along the northern side elevation opening the living area to an external timber deck.  The rear additions are to be in the form of two new pavilions running down the length of the rear yard.  They are to be detached form the house and lower in height with shallow skillion roofs and a communal courtyard through the centre.  It is to be constructed of face brick.  An uncovered paved car parking space is to be located in the northern section of the front yard.

 

Although the proposed additions are unusual in form and type they respect the character and significance of the subject dwelling, the streetscape and the conservation area.  The additions are single storey and detached from the existing dwelling to retain the original form of the dwelling.  Therefore the additions are ultimately reversible with little impact to the original dwelling and its form if it was returned to use as a single dwelling.  The additions lower in height and therefore the hierarchy of forms on the site are retained.  The scale and massing of the additions will be almost wholly obscured when viewed from the street.  Therefore it is considered that the additions will incur no impact to the aesthetic character of the existing dwelling, the significant pattern of forms in the streetscape or the aesthetic character of the streetscape.  Additionally the detached nature of the additions means that the dwelling will be easily returned to a single dwelling without detrimental impact use if desired.

 

The changes to the side elevation of the existing dwelling are considered reasonable in terms of heritage conservation as the new door will not be prominent in the street, does not removed or impact on any and significant detailing, is reversible and will be read as a new element.  It is a reasonable and relatively minimal change to a dwelling in a conservation area.  The internal alterations are also considered reasonable as the removal of walls in the rear portion of a dwelling to create an open plan living area is a relatively typical change for any dwelling as is the insertion of new amenities and services.  The location of a hardstand car space in the northern half of the front yard will have some impact on the intact setting of the front yard.  It is recommended that in accordance with the current Dwelling House and Duel Attached Occupancies DCP and the Draft Heritage Conservation DCP the existing space along the side of the dwelling is used for car parking which will mitigate the impact to the front yard setting of the house and its contribution to the streetscape.

 

The change of the use from a single dwelling to a boarding house is considered reasonable in this instance as the impact to the significance of the dwelling and the conservation area is minimal.  The conversion of dwellings to boarding houses has been a relatively common occurrence overtime and provided there is no loss of heritage significance there is no heritage reason that would not allow such a change.

 

Recommendation:  the following conditions should be included with any consent –

 

·        The paved parking space in the front yard should be deleted from the application with any parking located along the side elevation.

 

The condition proposed by Council’s Heritage Planner have been included in the Recommendation section of this report (see Condition 2).

 

7.       MASTER PLANNING REQUIREMENTS

 

As the site is less than 4,000m2 in area the master planning requirements of clause 40A of RLEP98 are not applicable to this 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)

-        Draft LEP 22 – Affordable Housing

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

-        SEPP: BASIX

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

-        Building Code of Australia (BCA)

-        Section 94 Contributions Plan

-        Rainwater Tanks Policy

-        DCP - Parking

 

(a)     Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31(1) - Landscape Area

40% (245.48m2)

41.6%

(255.49m2)

Yes

31(3) – Landscape Area over Podiums

Max 50% of the Landscape Area Requirement

(122.74m2)

0%

(0m2)

Yes

32 - FSR

0.5:1 (306.85m2)

0.49:1

(302m2)

Yes

33(1)Building Height

9.5m

7.2m (Extg. dwelling)

2-3.5m (Addition)

Yes

33(3) – Wall Height

7m

4.4m (Extg. dwelling

2-3.5m (Addition)

Yes

Other Clauses

Effect

Applies

Comment

40

Excavation and Filling of Land

Council consent and consideration of impacts on soil stability and future use of the land required.

See discussion below.

46

Vicinity of Heritage Item

Sacred Heart HCA, Monastery and Chapel

Over 150m from site. Site is not within visual catchment of HCA/ Item and will not affect status

 

Clause 40 – Excavation and Filling of Land

 

The proposal requires excavation to the rear of the site of up to 1.3m in depth. The existing dwelling is located on an excavated portion of land and this proposal will level the rear of the site to be consistent with the levels towards the front of the site. The excavation is not likely to result in negative impacts on soil stability due to the localised nature of the excavation and the proposed building works which will provide retention to the levels of adjoining sites. The proposal is unlikely to significantly affect natural drainage patterns due to the compliance of the proposal with the landscaping provisions of RLEP98, including the area of landscaping free of basement/ podium areas.

 

The excavation is unlikely to affect the future redevelopment potential of the land. The nature of the excavation, (levelling the site rather than excavating into the site for a basement level) would allow re-filling of the land to recreate the existing levels with relative ease, should this be required in future.

 

The development is satisfactory with regard to Clause 40 of RLEP98.

 

(b)     Draft Randwick Local Environment Plan No. 22

 

Draft LEP 22 –Affordable Housing is currently with the Minister, Infrastructure, Planning and Natural Resources awaiting gazettal. The Draft LEP makes the following relevant changes RLEP98:

 

·        Inserts the following aims into the Aims of the RLEP98 as provided by Clause 2 of RLEP98:

 

(l)      to encourage the provision of housing mix and tenure choice, including affordable housing, in the City, and

 

The proposal will increase the housing mix within the locality and will increase tenure choice by providing a new affordable housing development in the form of a boarding house. The proposal is satisfactory with regard to objective 2(l) of Draft LEP 22.

 

·        Add the following objective into the objectives for the 2A zone:

 

(e)     to enable a mix of housing types to encourage housing affordability.

 

The development will increase the mix of housing types in the locality. Across Lorne Avenue to the east is a 2(c) residential zone. Development on the western side of Lorne Avenue is of a smaller scale, consistent with the 2(a) zoning of the site. The proposal maintains the scale of the street whilst providing a greater variety of housing types in the area. The proposed boarding house will also promote housing affordability. In order to be classified as ‘residential’ for rating purposes, boarding houses are covered by a maximum boarding house tariff set by the Department of Local Government. This ensures that boarding houses continue to provide affordable housing. The proposal is satisfactory with regard to objective 10(1e) of Draft LEP 22.

 

(c)     State Environmental Planning Policy No. 55

 

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.

 

(d)     State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (SEPP: BASIX)

 

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some boarding houses with a gross floor area of under 300m2 where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

As the proposal has a gross floor area in excess of 300m2, the SEPP does not apply and a BASIX certificate is not required to support the development.

 

8.1     Council Policies

(a)     DCP - Parking

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

 

 

Car Parking

a)   number

 

 

 

 

 

b) layout

 

 

 

 

 

 

 

Bicycle Storage

 

 

1 space per 10 bedrooms plus 1 resident caretaker

 

TOTAL SPACES REQUIRED = 2

 

As per DCP.

 

 

 

 

 

 

 

No specific boarding house provision, due to use for affordable housing bicycle storage is considered important and can be applied as if each room is a ‘unit’.

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

(5 bike spaces)

 

2 spaces

 

 

 

 

 

 

Adequate, however existing driveway is 2.5m wide and can be utilised to maximise landscape provision at the front of the site.

 

Not provided

 

Yes

 

 

 

 

 

 

Conditioned to Comply (see Conditions 2 and 4)

 

 

 

 

 

Conditioned to Comply (see Condition 5)

 

 

8.2     Council Policies

 

(a)     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 6).

 

(b)     Section 94 Contributions Plan

 

The development has been assessed against Council’s Section 94 Contributions Plan. There are no specific provisions relating to the construction of boarding houses within the Plan and therefore the generic residential levies (which are based upon the number of dwellings) apply. The number of kitchens within a development is usually used to determine the number of separate occupancies or dwellings. In this case the proposal includes 1 communal kitchen for the 12 bedrooms. In this case there are no additional dwellings created and therefore no additional contributions required.

 

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     Impacts on the locality

 

Density

 

The development will increase the gross floor area on the site by approximately 150m2 (to a total of 302m2). This represents an FSR of 0.49:1 and complies with the statutory standard under clause 32 of RLEP98.

 

The proposal has minimised the potential for the increased density on the site to adversely affect surrounding properties by providing the additional floor space as a single storey addition to the rear of the existing single storey dwelling. The single storey has also been set down from existing ground level to minimise the potential for bulk and scale and overshadowing impacts from the development. The layout of the addition, having a courtyard form has allowed for a concentrated deep soil landscape area to the centre of the site. This will assist in maintaining the landscape qualities of the 2A zone where most dwellings have large rear yards.

 

The increase in density by changing the use of the site from a large 4 bedroom dwelling house to a small boarding house will not result in significant impacts on the locality. The maximum likely population accommodated by the dwelling would be 8 people (as all the existing bedrooms are doubles). The maximum likely population accommodated by the boarding house which has 12 single rooms is 12 people. The increase on the site of 4 people is not considered to be significant in terms of the impact on existing infrastructure, traffic and parking. This is supported by the DCP Parking which requires the same amount of parking for a dwelling with 3+ bedrooms as for a dwelling house.

 

The change of use, including large communal and staff areas can be accommodated within the allowable FSR on the site. This is further indication the development is consistent with the intent of the 2(a) zone and the accompanying statutory controls.

 

The proposal complies with the statutory standard for density and also meets the objective of the density control, which is to establish reasonable upper limits on development in order to reduce the potential for adverse impacts on surrounding development. The additional floor area proposed will not have a significant impact on the amenity of adjoining residential properties nor the street. The proposal is satisfactory with regard to density.

Height

 

The development has an overall height of 7.2 metres, with the rear addition having a maximum height of 3.5 metres and complies with the statutory standard of 9.5 metres. The maximum wall height of the development is 4.4 metres, with the rear addition having a maximum wall height of 3.5 metres. The development complies with the standard for development on the site, being 7 metres.

 

The achievement of Council’s statutory standards for height has minimised impacts such as overshadowing, view impacts and visual bulk to adjoining properties, consistent with the objectives of the height standard. The development will be no higher than existing boundary fencing on the southern side and exceeds the height of the boundary fencing to the rear of the site by a minor factor (400mm maximum). The building will therefore not impact on the properties to the south and west in terms of visual bulk and scale, privacy or overshadowing.

 

To the northern side of the site is 4 Lorne Avenue, a single storey dwelling. The rear addition extends above the existing boundary fence height by 600mm at the western (rear) end of the site and 1.9 metres at the eastern (front) end of the site. The development will be visible from the adjoining site at 4 Lorne Avenue, however the single storey scale of the proposal has minimised the bulk and scale impacts to the adjoining property. Medium to large single storey outbuildings are a common feature of rear yards in the locality with all properties adjoining the subject site having sheds and garages within the rear yard. The existing garage on the site extends 5m from the rear boundary at only 200mm from the northern side boundary. The additional visible portion of the building along the northern side boundary is not considered to result in significant bulk and scale impacts to 4 Lorne Avenue.

 

The existing dwelling at 6 Lorne Avenue has been suggested for inclusion in the new South Kensington and West Kingsford Heritage Conservation Area and is considered to be a contributory building. The height of the rear addition at a single storey and well below the statutory wall and overall height standards has minimised the impact of the addition on the heritage value of the existing dwelling and the streetscape.

 

The proposal is compatible with the scale of surrounding development and is satisfactory with regard to height

 

Building Setbacks

 

There are no building setback controls for boarding houses. Notwithstanding that there are no specific controls for boarding houses, an appropriate guide as to the setbacks required in order to ensure amenity impacts are minimised are those contained within Council’s Dwelling Houses and Attached Dual Occupancies DCP given the location of the site in a 2(a) zone. Side setbacks in the DCP for dwelling house development (likely in the 2(a) zone) are required to be a minimum of 900mm. The development provides side setbacks of 900mm and complies with the preferred solution under the Dwelling Houses DCP.

 

The development has a nil setback to the rear boundary. The Dwelling Houses DCP includes a preferred solution of 4.5 metres for rear boundary setbacks. The performance requirement of the rear setback control is as follows:

 

P2 Building forms and setbacks allow neighbours adequate access to natural light and a share of views and preserve established trees and vegetation and be generally consistent with the setback of adjoining properties.

 

The proposal does not contribute to any significant overshadowing of adjoining properties, contributing 2m2 of additional shadow to the rear yard of 17 Grosvenor Street during midwinter mornings. There are no significant view opportunities from the surrounding sites given the topography of the locality. The proposal will not result in significant bulk and scale impacts as a result of the development due to the excavation proposed and the general location generally below the rear fence line. The development requires the removal of one tree covered by Council’s Tree Preservation Order, however this tree is not located within 4.5 metres of the rear boundary and the proximity of the development to the rear boundary does not require their removal. Council’s Landscape Technician has advised that this tree may be removed, subject to condition 59. This is considered sufficient to maintain the landscape character of the area. Condition 6 requires that the roof and path on the rear boundary between the northern and southern wings of the addition are removed in favour of soft landscaping to maximise the size and number of trees that can be provided to the rear of the site, despite the nil setback provided for the majority of the rear boundary. The dwellings of adjoining properties are setback further from the rear boundary than the proposed addition, however these properties are also occupied by outbuildings and garages that have a lesser setback than the proposal. The subdivision pattern results in the rear boundary of the site adjoining the side boundary of 17 Grosvenor Street, this reduces the apparent impact of this proposal having a setback that is less than the adjacent dwelling houses. Therefore, the proposal meets the performance requirements for rear setbacks despite the lack of a substantial rear setback.

 

Despite the lack of controls relating to setbacks for boarding houses, application of the controls of the Dwelling Houses DCP indicates the proposal achieves a high degree of consistency with the controls that would be applied to dwelling house development on surrounding sites. The setbacks of the proposal will not result in significant amenity impacts to surrounding properties. The proposal is satisfactory with regard to building setbacks.

 

Privacy

 

The development has been organised to minimise privacy impacts by locating communal areas within the existing dwelling to the front of the site and locating the access to the individual rooms centrally on the site, away from the site boundaries where noise impacts would be most likely. To the southern and western boundaries of the site the new works are proposed below the existing fence line and therefore will not result in any visual or acoustic privacy impacts.

 

To the northern side boundary of the site a new timber 16m2 deck is proposed from the communal living areas. The deck is elevated and will provide clear sightlines to the adjoining property (4 Lorne Avenue). The deck is in close proximity to the side boundary and this setback combined with the large sliding doors provided from the communal living areas increase the likelihood of noise disturbance to the adjoining property. Condition 7 requires deletion of this deck, retention of the existing windows on the northern elevation and increased planting in the northern setback to minimise privacy impacts to the adjoining dwelling. Compliance with this condition may improve the existing situation as currently a hardstand driveway exists in this location.

 

The majority of windows on the northern elevation of the building are set below the existing fence height and will not result in any visual privacy impacts to the dwelling at 4 Lorne Avenue. North facing bathroom and bedroom windows to the first two rooms in the northern wing of the rear addition (rooms 11 and 12) have the potential to result in perceived and actual privacy impacts to 4 Lorne Avenue. Condition 8 requires fixed, obscure glazing to these windows to a minimum height of 1.6m above finished floor level. This will allow for natural ventilation of these spaces (via the top pane of the windows) whilst protecting the privacy of adjoining dwellings.

 

The proposal, subject to conditions, is satisfactory with regard to privacy impacts to surrounding residential properties.

 

Overshadowing

 

There are no specific solar access controls for development of this kind. The applicant has submitted shadow diagrams which indicate approximately 2m2 of additional shadow to the rear yard of 17 Grosvenor Street and approximately 1.6m2 of additional shadow to the rear yard of 8 Lorne Avenue during midwinter mornings. At midday midwinter and during midwinter afternoons there is no additional shadow impact from the proposal. The living areas of adjoining dwellings will not be affected by any additional shadow as a result of the proposal. The development complies with the accepted residential standard for solar access of 3 hours per day to rear yards and living areas 9am-3pm midwinter.

 

The north facing courtyard building form chosen for the addition to the rear of the site  provides good solar access and is appropriate for the proposed residential use.

The proposal is satisfactory with regard to solar access.

 

Landscaping

 

The proposal provides 41.6% of the site area as landscaped area and complies with both statutory landscaping standards under RLEP98. Despite compliance with these standards it is considered improvements can be made in the landscape presentation of the site by providing additional planting to the northern side boundary, the courtyard to the rear of the site and by removing a portion of the roofed colonnade to provide planting along the rear boundary. Additional conditions, including a condition requiring the incorporation of tall plantings to the rear of the site to provide a landscaped presentation consistent with the rear yards of surrounding properties and enhance the existing tree canopy have been imposed to ensure the objectives of the standards are satisfied as well as the numeric standards.

 

The proposal includes two hardstand carspaces to the front of the site which would require removal of a large area of existing soft landscaping to the front of the site and would disrupt the symmetry of the entry to the dwelling. In order to maximise the potential for tree planting and soft landscaping to the street, Condition 2 requires that the parking be provided on the existing driveway to the northern boundary of the site.

 

Construction of the addition at the rear of the site requires removal of a tree covered by Council’s Tree Preservation Order. Council’s Landscape Technician has advised that this tree can be removed subject to conditions (see Condition 59).

 

The proposal, subject to compliance with conditions, is satisfactory with regard to landscaping.

 

Views

 

The location of the site does not afford significant view opportunities. The proposal will not result in view loss from surrounding properties. The elevations are sufficiently articulated to provide visual interest and will provide an acceptable outlook (where visible) from the adjoining properties. The existing house on the site will be retained and will ensure the streetscape, which has been noted as being of heritage significance is maintained. The proposal is satisfactory with regard to views.

 

Safety and security

 

The development maintains outlook over the street from living areas and maintains the existing building entry from Lorne Avenue. The rooms of the boarding house are located around a communal open space and walkway, providing surveillance and minimising opportunities for anti-social behaviour. Each room has its own door leading from the courtyard allowing residents to secure their private space from the communal courtyard.

 

The proposal is considered to be satisfactory with regard to safety and security.

 

 

Amenity of the Development

 

The boarding house rooms have a floor area (exclusive of wardrobe and ensuite spaces) of approximately 6m2. Council raised concern that the room sizes were inadequate with the applicant. In response the applicant has provided room layouts which indicate two alternative arrangements of a single bed, desk and chair. These have satisfied concerns regarding the room sizes proposed. In addition, the applicant has advised that the provision of ensuites to each room has improved the amenity of the accommodation further.

 

Energy Efficiency

 

Council has no specific controls for energy efficiency in relation to boarding houses. In order to ensure the development meets the general objectives for energy efficiency, standard conditions regarding water and energy use have been applied (see Conditions 18-22). Other initiatives, such as the provision of bicycle spaces will ensure that energy efficiency is achieved by the development.

 

9.4     Traffic and Parking

 

There will be no additional traffic and parking impacts as the rate of car ownership for tenants is likely to be low due to the proposal’s affordable nature. The development requires the same amount of parking as the existing dwelling (2 spaces) and this has been provided for. The proposal has been conditioned to include bicycle parking facilities on site to encourage use of this means of private transport. The site is located in close proximity to the Kensington Town Centre and the major public transport route of Anzac Parade.

 

The development is considered satisfactory with regard to traffic and parking.

 

9.5     The suitability of the site for the development

 

The site is well located close to the Kensington Town Centre and major public transport route of Anzac Parade. The site is zoned 2(a) and the use of the site for a boarding house is permissible within this zone. The site is located opposite a 2(c) zone and a higher density of population in this location will not significantly affect access to services and the overall amenity of the area.

 

The site is suitable for the proposed development.

 

9.6     The public interest

 

The development will not adversely affect existing residential uses in the area. The provision of a boarding house on the site will benefit residents currently under ‘housing stress’. Recent data (collected by the Regional Housing Coordinator) indicates that Randwick has the following characteristics:

 

·        Only 32% of rental housing stock in Randwick can be affordably rented by low to moderate income earners. This is one of the lowest rates of the 5 inner east Councils.

 

·        Randwick has experienced a 12% reduction in the pool of affordable housing stock in the period 1996-2001; the largest reduction amongst the 5 region.

 

·        In 2001, 83% of low to moderate income earners who were renters in Randwick were in housing stress. This is higher than for Sydney as a whole. 61% of low to moderate income earners who were purchasers in Randwick were in housing stress.

 

·        Single person households constitute the biggest rental group in housing stress (10,122 singles or 56%). The next largest group is people living in a share household arrangement. Notably, group households are usually single people sharing costs so they can live where they choose.

 

·        Analysis has found that there is a mismatch between housing supply and demand in the region, with the biggest need being for smaller sized dwellings. In Randwick, for example, while 1 person households make up 27% of households, only 11.2% of dwellings are 1 bed. Increasing the supply of 1 bed and studio units in well located suburbs could help reduce the number of 1 and 2 person households in housing stress.

 

·        The number of boarding houses in Randwick has declined from approximately 81 in 1989 to approximately 65 in 2005. Analysis of SEPP 10 DAs indicates a loss of 24 boarding house rooms and 64 low rental residential flat units. These figures are indicative only but highlight the continuing loss.

 

          The development will assist in increasing the affordable housing provision in Randwick City. The site is located adjacent to the 2(c) Residential zone, the highest density residential zone and nearby to the facilities, services and public transport infrastructure provided by the Kensington Town Centre.

 

          The development will provide increased affordable housing in an appropriate location with minimal impact on adjoining residential properties. The development is therefore considered to be in the public interest.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

It is considered that the proposed building and use is appropriate on the site given the desired future character of the area, the objectives contained within the RLEP98, Draft LEP 22 and the amenity standards generally applied to residential development in the 2(a) zone. The development proposes a building envelope, FSR, height and landscaping that generally meet the criteria and fulfil the objectives behind the statutory controls. In the absence of formal controls for this type of development, an assessment against section 79C of the Environmental Planning and Assessment Act has been undertaken and the development meets the requirements of the Act.

 

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

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 116/2005 for Alterations and single storey rear addition to existing dwelling to create a 12 room boarding house with associated communal areas, landscaping and parking at 6 Lorne Avenue, Kensington subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans drawn by Cracknell & Lonergan Architects Pty Ltd numbered issue A of DA01-DA03 , dated 20.02.05 and stamped received by Council on 21 February 2005, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       A Management Plan for the operation of the boarding house shall be submitted to the Director, City Planning for approval prior to the issue of a Construction Certificate.  The Management Plan shall have particular regard, but shall not be limited to, the following requirements and issues:-

 

·        Establishing house rules and briefing of staff.

·        Specifying appropriate resident behaviour on the premises, including while entering and leaving the premises and using the outdoor areas.

·        The holding of parties.

·        The consumption of alcohol on the premises.

·        The playing of music, including stereos and the like and live music.

·        The parking of vehicles.

·        The provision of a communication channel for adjoining residents and other properties to express concerns about guest behaviour and the registering of complaints.

·        Dealing with complaints.

·        The disposal of waste.

 

A copy of the management plan will be kept on the premises at all times and all staff and residents will adhere to the  requirements contained within the Management Plan.

 

3.       The hardstand parking in the front yard is to be deleted from the plans. Two parking spaces in tandem arrangement with minimum dimensions of 2.5m x 5 metres are to be provided on the existing driveway to the northern boundary of the site. The remainder of the driveway is to be removed and provided with soft landscaping where not constrained by the building footprint. A timber fence between the northern elevation of the dwelling and the northern boundary may be provided at the end of the parking area to a maximum height of 1.8m above natural ground level. This condition is imposed to minimise the impact of the parking on the street and the heritage status of the dwelling and maximise opportunities for soft landscaping. Details required by this condition are to be included in the drawings submitted with the Construction Certificate application.

 

4.       The ground levels at the front of the site are not to be modified. The front garden to the north of the entry path to the dwelling is to remain as soft landscaping at the same levels shown on the site survey submitted with the application. This condition is imposed to maintain the appearance and setting of the existing dwelling from the street and protect the future heritage potential of the dwelling. Compliance with this condition is to be indicated on the plans submitted with the Construction Certificate application.

 

5.       5 secure bicycle spaces are to be provided to the development at the end of the paved driveway parking area to the front of the site. These spaces may be located behind any fencing provided as per the allowance in Condition 2, subject to gate access being provided in the fence design. This condition is imposed to encourage the use of sustainable means of transport and to complement the use of the site for affordable housing purposes. Details required by this condition are to be included in the drawings submitted with the Construction Certificate application.

 

6.       The 3 metre long portion of the colonnade provided along the northern boundary of the site between the southern and northern bedroom wings is to be deleted (including the paved pathway) in favour of landscaping to maximise the landscaping to the site and provide a landscaped treatment consistent with the surrounding area. Details required by this condition are to be included in the drawings submitted with the Construction Certificate application.

 

7.       The timber deck to the northern side of the existing dwelling and accompanying sliding doors are to be deleted in favour of deep soil landscaping. The existing windows in the northern elevation are to be retained. This condition is imposed to minimise the impact of the development on the privacy of 4 Lorne Avenue. Details required by this condition are to be submitted with the Construction Certificate application.

 

8.       The windows to Rooms 11 and 12 are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.6m. This condition is imposed to minimise the impact of the development on the visual privacy of the adjoining property at 4 Lorne Avenue. Details are to be provided with the drawings submitted with the Construction Certificate application.

 

9.       Landscaping shall be provided to the site to reduce the impact of the development upon the amenity of the environment and a landscape plan (detailing species of all plantings and likely spread and height at maturity) shall be submitted to and approved by the Director of City Planning, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the commencement of any works.

 

10.     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.

 

          Details of the proposed colour of the roof are to be submitted to and approved by the Director of City Planning, in accordance with the section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to the roofing being installed.

 

11.     The surface of the car parking area and driveway is to be suitably paved with paving blocks.

 

12.     Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council.

 

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

 

14.     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.

 

15.     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.

 

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.     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.

 

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

 

18.     A rainwater tank, of sufficient size to provide water for irrigation of 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 450mm 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 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.

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

          Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

          A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

          The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an occupation certificate or subdivision certificate (whichever the sooner).

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

§  All of the premises adjoining the subject site

 

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

 

32.     A 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:

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     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”.

 

45.     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.

 

46.     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.

 

47.     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.

 

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

 

          A soil and water management plan (SWMP) must be submitted to and approved by the principal certifying authority and implemented prior to the commencement of any site works or activities.

 

          The soil and water management plan must contain a site plan, detailing:

 

·        the slope of the land

·        site access points and access control measures

·        location and type of all sediment and erosion control measures

·        location of existing vegetation, to be retained

·        material stockpile or storage areas and methods of sediment control

·        location of existing and proposed drainage systems

·        proposed disposal of site water

·        location of building operations and equipment

·        proposed re-vegetation details

 

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

 

49.     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

 

50.     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.

 

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

 

51.     Access and sanitary facilities for persons with disabilities being provided to the building in accordance with Parts D3 and F2 of the Building Code of Australia and relevant Australian Standards.  Details of compliance is required to be provided in the relevant plans/specifications for the construction certification.

 

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

 

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

 

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

 

53.     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.

 

54.     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.

 

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

 

55.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works 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 completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

56.     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.

 

57.     The Archontophoenix cunninghamiana (Bangalow Palm) in the front yard, at the northeast corner of the existing building is to be retained. This requirement shall be shown on all plans submitted for the construction certificate.

 

58.     In order to visually 'soften' the expanses of hard pavement, as well as to maintain reasonable levels of air and water exchange to the rootzone of the street tree, a suitable brick unit paver (porous in nature) shall be used throughout the proposed hardstand area.

 

          This requirement 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.

 

59.     Approval is granted for the removal of the following palm.

 

          a)       One Archontophoenix cunninghamiana (Bangalow Palm) in the rear yard, near the northwest corner of the existing dwelling.

 

60.     In order to ensure the retention of the Melaleuca quinquinervia (Broad Leafed Paperbark) located on Council’s Lorne Avenue nature strip in good health, the following measures are to be undertaken:

 

a.       All detailed documentation submitted for the construction certificate application shall show the retention of the existing tree specimen with the position of the tree trunk and full diameter of the tree canopy clearly shown on all drawings.

 

b.       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 and no stockpiling of soil or rubble within the dripline of this tree.

 

c.       Any excavations required for footings, structures, retaining walls, paving etc within 5 metres of the tree 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.

 

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 D3       -         Access for people with disabilities

b)                Part 3.7.2    -         Location of smoke detectors

 

         

         

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

 

A2     In accordance with section 516(1A) of the Local Government Act 1993 the Minister has determined that for the purpose of the definition of “boarding house” and “lodging house” in that section the maximum tariffs that a boarding house or lodging house may charge tariff-paying occupants are:

 

(a)     Where full board and lodging is provided:

$244 per week for single accommodation;        or

$406 per week for family or shared accommodation,

 

(b)     Where less than full board and lodging is provided:

 

$163 per week for single accommodation;        or

$271 per week for family or shared accommodation.

 

A3     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

 

 

 

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SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER