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

 

22 July 2005

 

ORDINARY COUNCIL MEETING

 

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

 

1           Council Prayer

 

2           Apologies

 

3           Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 28TH JUNE, 2005.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addresses to the Council by the Public

 

6           Mayoral Minutes

 

6.1                        

MAYOR'S MINUTE 97/2005 - DAMAGE TO WETLAND IN TRENERRY RESERVE, COOGEE.

2

 

 

7           General Manager's Reports

 

7.1                        

GENERAL MANAGER'S REPORT 32/2005 - STATUS OF ORGANISATIONAL STRUCTURE.

4

 

7.2                        

GENERAL MANAGER'S REPORT 33/2005 -   PRECINCT COORDINATION COMMITTEE MEETING - MINUTES.

12

 

 

8           Director City Services' Reports

 

8.1                        

DIRECTOR, CITY SERVICES' REPORT 90/2005 - REVISED RANDWICK CITY COUNCIL TREE PRESERVATION ORDER 2005.

23

 

 

9           Director City Planning Reports

 

9.1                        

ACTING DIRECTOR CITY PLANNING REPORT 44/2005 –

2-14 MAROUBRA ROAD, MAROUBRA.

25

9.2

ACTING DIRECTOR CITY PLANNING REPORT 45/2005 –

14 MARINE PARADE, MAROUBRA.

48

9.3

ACTING DIRECTOR CITY PLANNING REPORT 46/2005 –

47-53 DUDLEY STREET, COOGEE.

97

9.4

ACTING DIRECTOR CITY PLANNING REPORT 47/2005 –

41 TUNSTALL AVENUE, KINGSFORD.

186

9.5

ACTING DIRECTOR CITY PLANNING REPORT 48/2005 –

10-14 DUKE STREET, KENSINGTON.

199

9.6

ACTING DIRECTOR CITY PLANNING REPORT 49/2005 –

96-98 ST PAULS STREET, RANDWICK.

322

 

10         Petitions

 

11         Motions Pursuant to Notice

 

11.1                      

By Councillor John Kenny – Naming area in Clovelly after the late Tom Caddy.  

454

11.2

By Councillor Belleli – Proposed Planting & Beautification Strategy for Council.  

454

11.3

By Councillor Belleli – Opposition to Desalination Plant. 

454

11.4

By Councillor Belleli – Duffy’s Corner Carpark. 

454

11.5

By Councillor Notley-Smith – Dunningham Reserve Playground.

454

11.6

By Councillor Notley-Smith – Maroubra Road Trees. 

455

11.7

By Councillor Seng – Naming Reserve on Alison & Wansey Roads. 

455

 

12         Urgent Business

 

13         Confidential Reports

 

13.1                        

CONFIDENTIAL GENERAL MANAGER'S REPORT 34/2005 -   IMPLEMENTATION OF COUNCILS ONLINE SOLUTION.

456

 

13.2                        

CONFIDENTIAL DIRECTOR, GOVERNANCE & FINANCIAL SERVICES’ REPORT 32/2005 - LEGAL SERVICES TENDER NO. T034/05.

461

 

 

14         Committee-of-the-Whole

 

15         Report of Committee-of-the-Whole

 

16         Notice of Rescission Motions

 

 

……………………………….

GENERAL MANAGER

 


 

MAYOR'S MINUTE 97/2005

 

 

SUBJECT:

DAMAGE TO WETLAND IN TRENERRY RESERVE, COOGEE

 

 

DATE:

6 July, 2005

FILE NO:

F2004/08441

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

Ms Christine Gearie has written to the Mayor outlining her concern that damage is being caused to the wetland at Trenerry Reserve, Coogee. In summary, the letter from Ms Gearie advises of the following:

 

·    people are climbing into the wetland from the boardwalk and are damaging the wetland;

·    people are removing peat from the swamp; and

·    dogs are accessing the area and trampling the vegetation.

 

Background

 

The Coogee Beach Foreshore Plan of Management 1997 makes the following comment on the wetland:

 

“An artificial pond that acts as a silt trap for water seeping through to a bog area and across rocks to the ocean. The pond is severely weed infested and a perimeter fence is visually intrusive. The pond is an important habitat for native birdlife, including the Cisticola and herons, and its health is important for the frogs that live in the wetland area;”

 

Council’s Bushland Management Team has been undertaking weed control and revegetation to the wetland for a number of years. RCC’s Bushland Management Officer has confirmed the issues raised by Ms Gearie. They recommend that signs and fencing associated with the wetland are upgraded to aid in the protection of the wetland.

 

ISSUES:

 

Fencing to minimise access

The fencing surrounding the pond is in very poor condition. As suggested by Ms Gearie it would also be beneficial to add meshing to the boardwalk handrail to deter people and dogs entering the wetland. It should be noted that the visibility of the wetland by the public is paramount and therefore the boardwalk fencing should only be at the height of the handrail.

RCC’s Bushland Management Team has submitted a grant application to the State Government’s Environmental Trust. It is intended that these funds be used to erect wire mesh fencing to the rear of the boardwalk and surrounding the pond. These works would alleviate unauthorised access to the wetland. The outcome of the grant application will be known in February 2006.

 

Interpretive Signage

There is existing interpretive signage located along the boardwalk that describes the ecology of the wetland. At present these signs are faded and difficult to read. Council’s Team Leader, Sustainability is currently undertaking the replacement of the signs (incl existing graphics) with environmental levy funds.  This should be complete by early September 2005.

 

As well as the interpretive signage there is a large timber sign that outlines the sensitivity of the area. This highly visible quality sign should be retained.

 

Regulation Signage

At present there is not any regulatory signage located within close proximity of the wetland. If suitable regulatory signage was to be located at the wetland it would allow the Rangers to enforce the “no access rule” for the wetland.

 

RECOMMENDATION:

 

That:

 

a)         Fencing to minimise access

The upgrading of the fence on the western and southern of the pond should be undertaken as soon as the outcome of the grant application is known. If the grant application is unsuccessful, funds in the amount of $38,000.00 should be identified in the 2006/07 capital works budget to undertake this work.

 

b)         Interpretive Signage

The current program for the upgrade of the interpretive signage be completed; and

 

c)         Regulation Signage

Regulation signage should be installed in close proximity to the wetland. This signage would prohibit access into the wetland and include other standard regulatory information. The cost of this signage would be approximately $4200.00.  The funds for this signage should be included in the 2006/07 Capital Works budget.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

MURRAY MATSON

 

MAYOR

 

 


 

GENERAL MANAGER'S REPORT 32/2005

 

 

SUBJECT:

STATUS OF ORGANISATIONAL STRUCTURE

 

 

DATE:

21 July, 2005

FILE NO:

F2004/08214

 

 

 

REPORT BY:            GENERAL MANAGER  

  

 

INTRODUCTION:

 

At the Ordinary Council meeting held on Tuesday, 28th June, 2005, Council resolved:-

 

“308     RESOLUTION:  (Notley-Smith/Woodsmith) that this matter be deferred to the next Ordinary Council meeting to allow Councillors to consult with the General Manager prior to that meeting.”

 

GENERAL MANAGERS COMMENTS:

 

As Councillors will be aware the General Manager strongly advised the Council at the ordinary meeting on 23 June 2005 that Report No. 30/2005 Status of Organisational Structure, should be dealt with by Council in closed session as it was considered confidential as it dealt with personnel matters.

 

It is still my belief that information contained within the report should be dealt within closed session of Council.  However, due to the recent public discussion of this report, it is my opinion that the public interest benefit of dealing with this matter in open Council now outweighs the adverse effect for staff and the organisation in dealing with this matter in closed Council.

 

For this reason I have put this report on the agenda in the open session of Council.  Councillors are at liberty to discuss any aspect of this report at Council and within the public domain.

 

RECOMMENDATION:

 

That Council consider the General Manager’s Report 30/2005.

 

ATTACHMENT/S:

 

General Manager's Report 30/2005 - Status of Organisational Structure from Ordinary Council Meeting 28th June, 2005.

 

 

 

 

……………………………

RAY BROWNLEE

GENERAL MANAGER


 

CONFIDENTIAL

GENERAL MANAGER'S REPORT 30/2005

 

 

SUBJECT:

Status of Organisational Structure

 

 

DATE:

23 June, 2005

FILE NO:

F2004/08214

 

 

REPORT BY:            GENERAL MANAGER   

 

This matter is considered to be CONFIDENTIAL under Section 10A(2)(a) of the Local Government Act, as it deals with personnel matters concerning particular individuals (other than Councillors).

 

BACKGROUND:

 

Council at its meeting on 22 February 2005 resolved to adopt a new organisational structure.  Further Council required the General Manager to provide regular reports to Council on the key stages of the implementation.

 

This report provides a status of the implementation of the new organisational structure.

 

ISSUES:

 

Governance & Financial Services

 

As Council would be aware the Director Governance & Financial Services commenced employment with Council on 18 April 2005.  The Director Governance & Financial Services has completed his review of his structure and provided the following analysis.

 

i)          Financial Services

 

The current structure in Financial Services is not able to provide the level of services and support to the organisation that it requires. The structure is also not sustainable from a succession planning and career development perspective and lacks the depth of experience that would allow the Manager to focus at a strategic rather than an operational

level.

 

The current structure is overly flat, with up to twelve officers directly reporting to the Manager.  There is a lack of well qualified and experienced senior professionals who could provide support to the Manager.

 

Further, in terms of the operation of the Payroll function there are a number of issues in relation to both accuracy and reporting.

 

Bearing this in mind, when the impact of the implementation of Councils Online, the inadequate financial reporting capabilities and the requirement to implement innovation in financial services are also taken into consideration, it is evident that there are a number of structural changes necessary in this area.

 

The recommended structure identifies that there should only be three positions reporting directly to the Manager Financial Services. These positions should be responsible for the Management Accounting, Financial Accounting and Rating / Revenue Services functions.

 

Therefore, in order to provide the level of support and expertise that is required by the organisation, three experienced senior professional positions, being the Senior Financial Accountant, Senior Management Accountant & Payroll Co-ordinator, shall be established and recruited.

 

ii)         Administration

 

Information Management (Records) is increasingly becoming technology based as Council continues to implement the computer based record management system TRIM throughout the organisation.  As such, Information Management will be transferred to Information Services (IT).

 

The current vacant position of Manager, Public Office, will be expanded to include additional responsibilities and will be called Manager, Administration Services (Public Officer). 

 

The Manager Administration Services would take on the role of implementing the new electronic business paper system to provide efficiencies in minute taking for Council, greater access for the community to Council’s business papers and reduce issues related to compliance with Council’s Code of Meeting Practices.

 

Given the legal complexity of the Section 12 & FOI position, it will be transferred from Customer Services and be managed by the Manager Administration,

 

Contract and Purchasing which are largely administrative and financial functions that provide services across the organisation, will also transfer to the Administration portfolio.

 

Property Development will be transferred to the Manager Administration Services and will include the responsibility of economic development.

 

iii)         Risk Management

 

There is a lack of cohesion and appropriate focus in managing risk across the organisation.  Currently, Occupational Health & Safety and Workers Compensation staff report to the Manager Human Resources while Risk Management reported to a senior manager in the Finance & Governance Department. 

 

 

As Workers Compensation deals directly with staff matters the function will remain with the Manager Human Resources.  However Occupational Health & Safety is a significant part of risk management and grouping them together would allow both financial and management benefits in working towards achieving best practice in managing risks for staff, the community and Council’s facilities.  It also will enable the organisation to assume a more proactive and strategic approach in managing risk.

 

It is proposed to put Risk Management and Occupation Health & Safety together as both these functions deal with minimising risk to the community and Council employees.

 

An independent review of Risk Management and Occupational Health & Safety will be undertaken to determine legislative compliance and a development work plan for the new section.

 

iv)        Customer Service

 

As previously reported the customer service and call centre areas have been put together in the ‘One Stop Shop’ concept.  Stage 1 of the internal renovations have seen the Call Centre relocate from Level 2 to the ground floor adjacent to the customer service counter.  This will enable Council to achieve increased customer service through managing the respective peak periods through the multi-skilling of the staff.

 

v)         Information Services

 

The Councils Online secondment program is set to finish as at 30 June 2005.  Council will then be moving into the maintenance phase of the project.  Support for the organisation will be required and it is proposed to establish a position of a Council’s Online Project Co-ordinator within the current staff resources.

 

No redundancies are proposed within Information Services, however, as natural attrition occurs a review will be conducted as to the organisation’s requirement for that section.  It should be noted that one of the proposed benefits of the Councils Online project was to achieve staff savings within Information Services through efficiencies.

 

With the organisational review there are new positions and some temporary and casual positions which have been deleted.  Overall the proposed structure for Governance & Financial Services will provide greater internal and external customer service and legislative compliance and can be funded within allocations made in the  2005/06 Council budget.

 

City Services

 

i)          Council has closed the concrete batching plant and construction teams.  A total of 25 employees from these areas have been redeployed into other positions.  No redundancies or industrial relations issues have occurred with the staff in relation to the organisational structure.

 

ii)         Council has trained ten employees in graffiti abatement.  A purpose built graffiti truck has been purchased and final interviews are being conducted to select the two permanent staff for the graffiti abatement team.

 

iii)         Council has been trialling footpath street sweepers for the Town Centre Maintenance Teams and tenders have been received and evaluated.

 

iv)        The lines and signs team has been established and a purpose built vehicle has been purchased.

 

v)         The City of Randwick has been divided into three areas, which will be monitored by Public Place Officers.  Maps of the divided areas are attached.  It is proposed to bring the three public place managers to a future works committee so that the Councillors can meet them.

 

vi)        Council has been upgrading its plant and equipment over the past six months with the purchasing and ordering of work trucks, utilities, street sweepers and side loader garbage compactors with new livery.

 

vii)        Council has purchased a skid steer machine with a profiling attachment to enable Council to better maintain Council’s road infrastructure.

 

viii)       The Manager Technical Services has been engaged.  Three previous managers from the old Asset & Infrastructure Department have accepted redundancies and left the organisation.

 

ix)        Council has engaged a Transport Coordinator to head the traffic and transport section.

 

x)         A further review of City Services is currently being undertaken.

 

City Planning

 

Once the internal renovations are completed the engineering assessment team will be relocated from City Services to join the Development Assessment section.

 

Workplace Safety

 

A number of initiatives have commenced in this important area, including;

 

·    Establishing a workers compensation committee and occupational health and safety committee.

 

·    Inserting occupational health and safety responsibilities as core competencies in all employees’ positions descriptions.

 

·    Preparing Council for best practice audit.

 

·    Structurally moving the functional responsibilities of Occupational Health & Safety to Risk Management.

 

·    Implementation of a visitor sign in book

 

Renovations

 

As part of the new organisational structure a number of internal renovations needed to be undertaken in order to relocate staff into their new functional areas.  The renovations are nearing completion.

 

As part of the renovations a meeting room for Council and the community has been constructed.  The new meeting room is located adjacent to the reception area on the ground floor.  Disabled access is available to the community for this meeting room.

 

Cultural Change Process

 

As part of the cultural change process a number of initiatives have commenced, these include;

 

·    Structured training in customer service, management and leadership for the managers and coordinators.

 

·    The management team is implementing the Australian Business Excellence Framework. which is an integrated approach to leadership and management development.  The framework which is based on parameters established by the Australian Quality Council will provide the organisation with a systematic and structured approach that will engage and involve staff from all levels in the business improvement process. Implementing the program will take a number of years and will move the organisation to being a leader within the Local Government area and one which is more responsive to the requirements of our community.

 

·    Establishment of Leaders for the Future program within Council.  The Future Leaders are high performing staff who have been identified by senior management.  The staff in this program will be provided with additional learning and development opportunities as we prepare them to be Council’s managers of the future.

 

FINANCIAL IMPACT STATEMENT:

 

Currently all activities related to the organisational restructure have been funded from the 2004/05 budget. However, depending on the final budget outcome, funds may be required from the relevant reserves, these being the Employees’ Leave Entitlements and Refurbishment Reserves.

 

CONCLUSION:

 

The implementation of the new organisational structure has proceeded well and has gained staff acceptance.  As the cultural change process continues organisational efficiencies, increased delivery of quality services and improved customer services will be realised.

 

RECOMMENDATION:

 

That the report be received and noted.

 

 

 

ATTACHMENT/S:

 

A3 Maps - Public Place Boundaries under separate cover

 

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

RAY BROWNLEE

GENERAL MANAGER

 

 

 

 


GENERAL MANAGER'S REPORT

33/2005

 

 

 

SUBJECT:

Precinct Coordination Committee meeting  - minutes  

 

 

 

DATE:

19 July, 2005

FILE NO:

F2005/00487

 

 

REPORT BY:            GENERAL MANAGER    

 

INTRODUCTION:

 

Council at its meeting of 22 February, 2005 adopted the terms of reference for the Precinct Coordination Committee (PCC).

 

As part of the reporting mechanism for the PCC, the minutes of each meeting are to be reported to Council, including any recommendations and resolutions, together with supporting documentation.

 

This report provides Council with copies of the minutes of the Precinct Coordination Committee meetings of 3 March, 2005 and 9 June, 2005.

 

ISSUES:

 

There are no issues of significance to report.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

RECOMMENDATION:

 

That the attached Precinct Coordination Committee meeting minutes be received and noted by Council.

 

ATTACHMENT/S:

 

1. PCC minutes of 3 March 2005

2. PCC minutes of 9 June 2005

 

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

GENERAL MANAGER

 

Precinct Coordination Committee No 3

MINUTES

Thursday 9 June 2005

 

Chair General Manager Randwick City Council     Mr Ray Brownlee

Guests Mr Mark Shaw, Manager, RCC, Technical Services

Mr Tony Lehmann, RCC, Traffic Coordinator

 

Meeting commenced 6.30 pm

 

ITEM

ISSUE

ACTION

BY WHOM

1.

Welcome

 

Introduction

 

 

 

GM

2.

Apologies

Mayor Clr Matson, Paul Chilcott

Apologies accepted

All

3.

Minutes

 

 

Minutes of the previous Meeting 3 March 2005

 

Minutes of the previous meeting circulated by mail and email

 

All

4.

Business arising from Previous Meeting

 

 

 

 

 

 

 

4.1 Proposed Precinct Boundaries – Final discussion

 

Maroubra Beach

The Spot – Agreed to Randwick PC’s request to adjust boundary, see map. Discuss with Kathy Neilson & Andrew Tosti.

Moverly – As per proposed map. OK.

La Perouse – Requested canvassing to revive Matraville PC, prior to accepting proposed changes. If attempts to re establish Matraville are unsuccessful, changes accepted.

 Coogee – Requested to remain separate from South Coogee.  RCC to canvas for separate PC for South Coogee.

RandwickNegotiated with The Spot to adjust proposed boundary to include ‘Ventnor’ meeting place.

Malabar – As per map (as of 9 June) pending outcome of attempts to re establish Matraville.

Kensington adjust to include west of Anzac Parade.  Check with Andrew Roydhouse/Nicholas Guyatt.

Kingsford South – Adjust to exclude west of Anzac Parade.

Maroubra Junction suggests an adjustment to take in more streets east of proposed border.

 

Inactive Precinct areas: Matraville, Clovelly, South Coogee

 

4.2 Proposed Precinct Committee training

 

Understanding Traffic & Transport in Randwick

 

 

 

Conflict Resolution

 

 

4.3 Precinct Committee Promotional Advertisements

Maroubra Beach & The Spot already published (May & June).  Excellent feedback.

Next promotions see proposed

 

 

 

4.4 Greening Randwick Committee

PCs concerned over tree plantings/ vandalism and ability to keep trees alive with water restrictions in place. More consultation needed with community.

 

Is there any chance of more generous rebates for installing rainwater tanks? Need for notification regarding rebates. Is the Environmental Levy being allocated to tree plantings? Difficult with water restrictions and vandalism.

 

 

 

 

 

RCC to canvass for Clovelly, Matraville and South Coogee Precinct committees to be revived.  Article/notification in newspaper.  Mention in Mayors column.

 

Confirm requested/agreed adjustments to proposed boundaries as of 9 June 2005. Circulate between PCC meetings. Confirm boundary new proposed changes at next meeting.  Confirm separation between Coogee and South Coogee, change The Spot & Randwick, Kingsford South & Kensington.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Organise for 30 August

 

 

 

 

Change to mid/late September

 

 

Calendar for following promotions/advertorial circulated for comment.

Next proposed Moverly July.  See attached draft.

 

 

 

 

When is the first Greening Randwick Committee meeting? Felicia Harris

 

 

 

 

 

 

GM to talk to the Planners.  CCLO to follow up for next meeting.

 

 

 

CCLO  to follow up

 

 

 

 

 

CCLO to work with RCC staff to alter & adjust map.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CCLO 

 

 

 

 

CCLO  to follow up

 

CCLO/Precincts

Communications

to prepare copy

 

 

 

GM to discuss with Mayor

CCLO

 

 

 

 

CCLO

5.

General Business

Note:

Changed numbering

sequence Agenda Item 6

 

 

5.1 Parking Meters

Short report circulated at meeting.

Parking meters are a traffic management tool. Maps circulated providing proposed parking meter locations.  Residents to be issued with exemption stickers with rate notices. Time limit as sign posted will apply. Council will be conducting a business impact study in association with Chambers of Commerce. Council prepared for vandalism. Changes to the original proposal to introduce parking meters in Randwick reflect community concern. Number of free permits per resident to be confirmed.  Renters will need to prove they live at address.  Prevention of on selling permits to be addressed.

 

Discussions between University & AJC regarding provision of parking space have not been successful.

Further submissions on parking meters invited through the Community News Winter edition. Council has delegated authority to GM to proceed with implementation.

 

 

5.2 Insurance for Precinct Committees

Nicholas Guyatt Kensington led discussion. Insurance cover for Precinct Committees meeting in Council premises is covered under Council’s policy.  Information circulated prior to PCC meeting.  Concerns over Precinct Committees meeting in non Council premises such as schools and church halls. User must cover public liability insurance. Precinct Committees expressed concern over who will pay their insurance given PCs are formed under the auspices of Council. GM offered the use of all appropriate Council premises.

 

5.3  Incorporation Discussion

Bruce Harris Malabar particularly concerned over Precinct Committee vulnerability to litigation. Suggested Incorporation of Precinct Committees to reduce liability.

General consensus of meeting was that PCC operates with Council’s support and resources and therefore should not seek to be incorporated independent entities.

PCC requested further help on the matter.

 

5.4  Additional Rules and Procedures

PCC members expressed support of the wording and were asked to discuss with Precinct Committees and return to comments to next meeting.

 

5.5 Timely Arrival of Precinct Committee Minutes

GM drew attention to the need to be able to follow up requests in a timely manner.  In order for Council to provide a response Precinct Committees need to send minutes promptly after Precinct Committee meetings.

 

5.6 Section 96 applications additional matter

Felicia Harris, Moverly PC, expressed concern over Section 96 application approval procedures.

 

 

 

Winter Community News to provide full details of Parking Meters in the City.

 

Issue regarding disabled access especially around hospital

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council will prepare a list of risks and liabilities. GM to seek quote from Council’s broker. 

 

Look in to Treasury Managed Fund

 

 

 

 

 

 

 

 

 

 

 

 

 

General discussion: Issues

1.   If incorporated the PCs would be independent of Council

2.   How can PCs organise limited liability protection?

 

GM to invite Council solicitors to next PCC meeting

 

 

 

 

 

Additional Rules and procedures

To be incorporated in main Rules and Procedures document

 

 

 

 

CCLO expressed concern over late receipt of minutes making it impossible to respond to matters within the month or time between meetings.

 

 

 

Matter has been referred to the GM. The GM has reviewed the process and confirmed that the procedures are appropriate. Council has resolved that all future Sect 96 contributions for the Bundock Street development are reported to Council

 

 

 

Tony Lehmann

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GM

CCLO  to follow up

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GM

CCLO  to follow up

 

 

 

GM

CCLO  to follow up

 

 

 

 

All

BC to follow up

 

 

 

 

 

All

 

 

 

 

 

 

 

GM

 

 

 

 

6

Matters for discussion

6.1 Traffic Matters

½ hr parking outside Council

 

 

 

Bob Sheather: How can Precinct Committees get involved with traffic matters?

 

 

Transport Management Centre 131 700 suggested as a point of direct contact for traffic incidents.

 

6.2 Planning reform announcements

 

 

 

 

6.3 Graffiti and Cleaning of areas

 

6.4 Coogee Liquor Accord

Tony Lehmann new RCC Traffic Co ordinator.  Will be appointing a Safety Officer who will work with anti social behaviour matters.  Position is co-funded between RTA/Council.

 

Car enthusiast activities to be part of the Road Safety Officers responsibility.

 

Request for Police presence.

 

 

6.5 Nude Bathing – Little Congi

 

 

6.6  Bill Posters

 

 

Request from B Sheather, MJPC, to consider ½ hour parking outside Council to allow time to pay bills etc.

 

Tony Lehmann RCC Traffic Coordinator indicated his interest in keeping PCs informed.

 

 

 

 

 

Report available.

 

 

 

 

 

Graffiti audit is complete.  A new program of area cleaning has been established. 3 area supervisors to spot problems.

 

 

Noted

 

 

 

 

 

 

 

 

Local Area Commander meeting with Council and the request will be presented.

 

 

Request for Council to discuss matter with NPWS and request more surveillance.

 

 

Precinct Committees are permitted to take down posters.

To be considered

Tony Lehmann

 

 

 

 

 

 

 

 

 

 

CCLO

 

 

 

 

 

 

 

 

 

 

GM

Tony Lehmann

 

 

 

 

 

 

GM

CCLO to check with Rangers

 

 

 

 

 

 

Next Meeting

 

Date to be finalised

 The Lodge Room  Council Chambers

 

 

Close of Meeting

 8.20 pm

 

 

 


 

  

 

Precinct Coordination Committee

MINUTES

Thursday March 3 2005        PCC Meeting No 2/05

 

Chair General Manager Randwick City Council     Mr Ray Brownlee

 

Attendees

Chair Ray Brownlee GM

Andrew Tosti             The Spot

Sec. Bronwyn Clarke            RCC

Paul Chilcott              The Spot

Luisa Simeonidis                  RCC

Michael Richards      Coogee Bay

 

Bruce Harris              Malabar

Bob Brooks                           La Perouse

Julia Batty                  Malabar

Coleen Greene                      Maroubra Beach

Arthur Hurwitz            Randwick

Reg Creaton                          Maroubra Beach

Kathy Neilson            Randwick

Bob Sheather                        Maroubra Junction

Stephen Gatt             Kensington

Andrew Roydhouse Kingsford South

Jocelyn McGirr          Moverly

 

ITEM

 

 

ISSUE

ACTION

BY WHOM

1.

Welcome

Introduction

 

Around the table

All

2.

Apologies

Mayor Cr Matson; Mark England, Coogee; Rona Wade, Coogee; Charles Abela, La Perouse; Nicholas Guyatt, Kensington; Terry Lustig, Kensington;

Bill Dodd, Kingsford South.

Apologies accepted

All

3.

Minutes

 

Minutes of the previous Meeting 18 November 2004.

Minutes of the previous meeting circulated by mail and email

 

Accepted

4.

Business arising from Previous Meeting

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.1

PCC Terms of Reference - Adopted by RCC

4.2

PC Rules & Procedures - Adopted by RCC

4.3

Precinct Committee Boundaries

Kensington: Consider Randwick Race Course (distribution)

Malabar: Concerned about proposed increase in size.  Too large for letterboxing.  Proposed inclusion highlights distinct local area character differences/issues.

4.4

Precinct Executive Training

Training sessions to be organised:

The DA Process: Meeting Procedures.

4.5

Nominations for Council Committees

Precinct Committees to have increased involvement & commitment.  Nominations called for 3 Community Committees:

Greening Randwick Committee: Coogee Civic Improvement Planning Committee: Heffron Park Review Working Group: The Spot Festival Committee.

 

 

 

 

4.6

Proposed new boundaries discussion

Suggestion that proposed Randwick too large to cover all issues.  Distribute between Kensington/Randwick? Malabar concerned about the proposed increase of area.  Suggested too large to circulate and issues very different. Individual Precincts to possibly set a special meeting to discuss. Revisit Matraville/Clovelly. 

 

noted

 

noted

 

To be finalised at next meeting.

PCC representatives to canvass Precinct Committee recommendations.

 

 

 

BC to organise.  Agreed dates.

The DA Process: March 29 2005

Meeting Procedures: April 19 2005

 

Nominations in writing

GRC by 4 March 2005

CCIPC open call for nominations

HPRWG nominations closed

TSF CCLO calling for nominations closing date not specified

 

 

Finalise proposed boundaries bring clear account to next meeting.  PCC reps to discuss with Precinct committees?  To determine if there is current interest Advertise in Courier for areas that are not functioning

 

 

 

 

 

RCC/PCC

 

RCC/PCC

 

PCC Reps

 

 

 

 

All

 

 

 

 

BC to follow up

 

 

 

 

 

 

PCC reps

 

5.

General Business

 

5.1

Randwick Festival.

Inquiry from Julia Batty/Malabar regarding use of Alison Park for Randwick Festival.  Seeking history of Rd closures. 

 

 

5.2

Insurance for Precinct Committees

 

 

 

 

 

 

 

 

 

 

5.3

Bathing – Little Congi

NPWS/RCC responsible for management?

 

 

 

5.4

Moverly

Funding for 2004/2005

 

 

 

5.5

Newspaper coverage discussion

Precinct Committee request newspaper coverage. 1. Mayoral column? 2. Separate section close to front of paper. Suggestion ½ page each month.  Precinct to provide information.  Take the form of block advertising. Costs associated with the above may be an issue.

 

 

 

 

BC to check with Chamber of Commerce/RCC officers.

 

 

 

Precinct Committees request a letter clarifying RCC public liability insurance cover whilst convening Precinct Committee meetings.  Council premises/other public venues.  Seek information from Manly/Waverly/North Sydney/Liverpool

 

 

Which organisation is responsible for monitoring appropriate codes of dress and conduct?

 

 

CCLO forwarded Precinct Committee funding to Moverly prior to PCC meeting.

 

 

Discuss with RCC Communications.

Investigate costs.  Report to next meeting.

 

 

BC

 

 

 

 

 

BC

 

 

 

 

 

 

 

 

GM

 

 

BC

 

 

 

 

 

 

BC

 

6

Precinct Training

6.1

Training arrangements

Suggested dates discussed. To be presented by RCC staff. Dates based on staff availability, venue availability and Tuesday free of Council meeting. 6.30 – 8.30 pm.  PCC reps & Precinct Executive

The DA Process

Meeting Procedures

 

6.2

Traffic Training

Training on understanding traffic issues such as the Randwick road system, community reporting procedures, traffic terminology, and road management responsibilities.  Dates to be considered

 

6.3

Conflict Resolution Training

Specialist Presenter

 

 

 

 

 

 

 

29 March 2005

19 April 2005

 

 

 

Consider appropriate content, presenter, proposed training session date for next meeting

 

 

 

Post July 2005.  Budget consideration.

 

 

Agreed

 

 

 

 

 

 

 

 

 

BC

 

 

 

 

 

BC

 

7

Matters for discussion

 

7.1

Pecuniary interest

Conflict of interest

 

 

 

 

 

 

 

 

 

7.2

Impact of traffic ramps Kensington

The Member for Heffron, Khristina Keneally MP, establishing a working party.

 

 

 

 

 

7.3

Council report on Ward Boundaries 17 August 2004

 

 

7.4

Budget Review

 

 

7.5

Environmental Levy allocation

 

 

 

7.6

Rain Water Tanks

 

 

 

 

7.7

EBLA Eastern Beaches Liquor Accord

 

 

 

 

7.8

The DA Process

 

 

 

 

 

 

7.9

Randwick Street Fair

 

 

 

 

To be clarified and circulated

 

Example: LO declares a pecuniary interest in Item x.x as her husband works for a company who is tendering for the construction contract for the XXXXXXX freeway.

 

 

Council will comment on RTA proposal as soon as available.

Council will provide regular updates.  Council to meet with the Kensington Traffic Committee

 

 

To be distributed to PCC delegates

 

 

 

Council resolved to put the Budget Review on exhibition

 

 

Community newsletter due in July will outline the Environmental Levy allocations

 

Mandatory for all new buildings.  In some cases BASIX overrides.  See RCC website for information.

 

 

Explanation:  Council is a member of the EBLA.  The EBLA coordinator is Kylie Fitzgerald.

 

 

Training organised to cope with general questions.  RCC DAs proposed and determined are circulated weekly to the precincts both electronically and by mail.

 

Street fairs Belmore Road have not been held since 2000.  Started to attract outside businesses. Cost of running too high for example changes to Insurance requirements and safety.

 

 

BC

 

 

 

 

 

 

 

 

 

 

 

RCC

 

 

 

 

 

 

 

 

BC

 

 

 

 

RCC

 

 

 

RCC

 

 

 

 

RCC

 

 

 

 

 

N/A

 

 

 

 

 

BC

 

 

 

 

 

 

Discuss Chamber of Commerce.

8.

Next Meeting

 

8.1 Next Meeting 19 May 2005

      Meeting rescheduled to 9 June 2005

 

 

 

Close of Meeting

 8:15 pm

 

 

 

 

 

 

 


 

Director, City Services' Report 90/2005

 

 

SUBJECT:

REVISED RANDWICK CITY COUNCIL TREE PRESERVATION ORDER 2005

 

 

DATE:

14 July, 2005

FILE NO:

F2004/07359

 

 

 

REPORT BY:            DIRECTOR, CITY SERVICES   

 

 

INTRODUCTION:

 

 

Council at its Ordinary Council meeting held on Tuesday 26 April, 2005 resolved that the revised Randwick City Council Tree Preservation Order 2005 be placed on public exhibition for 28 days with a report to come back to Council taking into account public submissions.

 

ISSUES:

 

The revised Tree Preservation Order 2005 was placed on public exhibition at Council’s Administrative Centre, Frances Street, Randwick, at the Bowen Library, Anzac Parade, Maroubra, at the Matraville branch library, Anzac Parade, Matraville, and the Randwick Library, Royal Randwick Shopping Centre, Belmore Road, Randwick, up to 24 June, 2005.

 

People were advised that the Order was on public exhibition through advertisements placed in the Southern Courier on 17 May, 2005 and 24 May, 2005 and were invited to make any written submissions relating to the document to the General Manager, Randwick City Council.

 

FINANCIAL IMPACT STATEMENT:

 

Any costs associated with the implementation and ongoing production of the revised Tree Preservation Order 2005 will be funded from within Council’s existing tree management budget.

 

CONCLUSION:

 

As at 14 July, 2005, no public submissions had been received by Council in relation to the revised Tree Preservation Order 2005.

 

 

THAT Council adopt and implement the revised Randwick City Council Tree Preservation Order 2005 unamended - as considered by Council at its Ordinary Council meeting held on Tuesday 26 April, 2005.

 

ATTACHMENT:

 

Randwick City Council Tree Preservation Order 2005 – under separate cover

 

 

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

BRYAN BOURKE

DIRECTOR, CITY SERVICES

TREE MANAGEMENT OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Acting Director, City Planning Report  44/2005

 

 

SUBJECT:

2-14 Maroubra Road, Maroubra

 

 

DATE:

11 July, 2005

FILE NO:

DA/0205/2005

 

 

 

REPORT BY:            ACTING DIRECTOR, CITY PLANNING    

 

 

INTRODUCTION:

 

Attached is Development Application Report No. 205/2005 for change of use to the existing bistro area of the Pagewood Hotel as a place of public entertainment, including minor internal improvements to cater for karaoke and amplified music.

 

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 July 2005.

 

 

 

 

 

………………………………

………………………………

KERRY KYRIACOU

AOIFE WYNTER

ACTING DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

11 July, 2005

FILE NO:

D0205/2005

 

PROPOSAL:

 Change of use to the existing bistro area of the Pagewood Hotel as a place of public entertainment, including minor internal improvements to cater for karaoke and amplified music with hours of operation 12noon to 3am daily

PROPERTY:

 2-14 Maroubra Rd Maroubra

WARD:

 Central Ward

OWNER:

 P M Irvin Investments Pty Ltd

APPLICANT:

 John Spiteri

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Chris Bastic, Ted Seng.

 

This application seeks approval for a place of public entertainment (POPE) within the existing licensed premises, known as the Pagewood Hotel, to allow karaoke and the playing of amplified music in the existing bistro area at the rear of the hotel. As part of this approval minor internal works will be necessary to satisfy fire safety requirements.

 

The proposal has been the subject of substantial objection with many of the concerns relating to anti-social behaviour, traffic management and noise impacts associated with the existing hotel and the intensification of its use. It is considered that many of these concerns are ameliorated by proposed measures recommended as part of the submitted acoustic report and stringent conditions of consent relating to reduced numbers of additional patrons, restricted hours of operation for the entertainment use to midnight, additional security guards to the rear of the premises and a two year trial period.

 

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

 

2.       THE PROPOSAL

 

The proposed seeks to use the existing hotel as a place of public entertainment. The area of public entertainment is to be the bistro area located to the rear of the hotel. The public entertainment is to include karaoke and playing of amplified music. The application does not seek approval for live entertainment such as bands.

 

Minor works including the provision of additional fire hoses, exit signs and panic release doors will ensure compliance with the Building Code of Australia (BCA) for a place of public entertainment.

 

The hours of operation sought are from 12noon til 3am. This was to complement the existing liquor licence from 9am to 4am in the rear bistro area. Due to the degree of neighbour objection and the proximity of residential properties some 10m from the subject site, the application will be curtailed in its hours of operation through recommended conditions of consent.

 

It is noted that the licensee has previously operated Karaoke from this premises without either consent from Council or a place of public entertainment license.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Maroubra Rd at the western end of Maroubra Junction. The block in which the hotel is located is bounded by Bunnerong Rd, Glanfield St, Royal St and Maroubra Rd. The regularly shaped site has a total area of 2,700sqm with a frontage to Maroubra Rd of 43.27m, a depth of 63m and a frontage to Glanfield St of 43.28m. The northern perimeter of the site adjoins a car park associated with the hotel. 

To the north of the subject site adjoining the associated car park are a number of residential dwellings which adjoin Boyce Rd. The rear boundaries of these properties abut the car park. To the south of the subject site on the southern side of Maroubra Rd is a shopping strip incorporating shop-top housing. Many of these commercial uses include refreshment rooms and restaurants. To the west of the subject site are two detached commercial premises incorporating two family restaurants and associated parking. To the east of the subject site is a multi-storey multi unit development, further along Maroubra Rd east towards the commercial town centre are a number of multi unit developments and retail uses.

 

4.       SITE HISTORY

 

The hotel was constructed some time in the 1950s and has operated as a hotel since that date. The first liquor licence was issued in 1958. In 1968 approval was issued for a drive-through bottle shop at the rear of the hotel. In the 1970s the interior of the premises was renovated with the current configuration of the hotel as exists approved. In the late 1980s and early 1990s internal alterations were approved including formal approval of the existing hours of operation which had been approved by the Liquor Board without development consent.  The current layout of the bistro area was approved at this time.

 

This current application was lodged on the 21 March 2005 and was the subject of a request for additional information in regards to a plan of management and clarification of the submitted acoustic report, which included contradictions in regards to management of the premises during the times of public entertainment. The additional information was submitted on 30 May 2005 and was deemed to be satisfactory after further discussion between Council officers and the applicant on the 1 July 2005.

 

Council records show that prior to lodgement of this application there had been no complaints in regards to the on-going management of the premises.

 

The front of the hotel known as the club bar and lounge bar have 24 hour trading Monday to Saturday.  At weekends the public bar and bistro to the rear of the hotel have consent to operate from 10am to 3am.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to Precinct Committee in accordance with the DCP- Public Notification. The following persons made submissions during the advertisement period:

 

R Wilkinson

C/- L J Hooker

880 Anzac Pde

Maroubra

 

B Royle

127 Maroubra Rd

Maroubra

 

R L Cope

8 Maxwell Rd

Pagewood

 

BDO Property

20 Maroubra Rd

Maroubra

 

T & M Vacropoulos

29B & 31 Maroubra Rd

Maroubra

 

K Hwa & P Gil Nam

30 Glanfield St

Maroubra

 

M Moynihan

20 Maroubra Rd

Maroubra

 

S Pittman, E Oldfield and S Walsh

8 Burns St

Eastwood NSW 2122

 

Wesley Mission

Rev Gordon Moyes

PO Box A5555

Sydney South NSW 1235

 

Zmejko Krsteski

39/20-22 Maroubra Rd

Maroubra

 

J Check

45 Maroubra Rd

Maroubra

 

K D Tan

15 Boyce Rd

Maroubra

 

J H Beetham

7/16 Maroubra Rd

Maroubra

 

L & K Fung

5/241 Bunnerong Rd

Maroubra

 

 

Mr & Mrs Beazley

3/261 Bunnerong Rd

Maroubra

 

W Baldwin

4/261 Bunnerong Rd

Maroubra

 

M Raminez

6/261 Bunnerong Rd

Maroubra

 

J Ng & J Leung

2/261 Bunnerong Rd

Maroubra

 

A Sheather

61 Maroubra Rd

Maroubra

 

F J Delonery

12 Boyce Rd

Maroubra

 

S Worth

29 Boyce Rd

Maroubra

 

Petition (containing 37 signatures)

first signatory

E Scott

24 Glanfield St

Maroubra

 

T & E Scott

24 Glanfield St

Maroubra

 

G Chan

1/261 Bunnerong Rd

Maroubra

 

P Chin

1/261 Bunnerong Rd

Maroubra

 

Kingswell

27 Boyce Rd

Maroubra

 

C Y Qin

20 Glanfield St

Maroubra

 

D Evriidou

257 Bunnerong Rd

Maroubra

 

J Bear

30 Boyce Rd

Maroubra

 

D & J Sloman

2 Boyce Rd

Maroubra

 

C Simon

PO Box 7

Bexley North

NSW 2207

 

L Quomi

17A Boyce Rd

Maroubra

 

C YukFai

12 Glanfield St

Maroubra

 

A Chan & K Choy

13 Boyce Rd

Maroubra

 

Hoe Tam

14 Glanfield St

Maroubra

 

R Wong

29 Boyce Rd

Maroubra

 

Hoban House

18 Maroubra Rd

Maroubra

 

D & P Lui

11 Boyce Rd

Maroubra

 

J Fong

9 Boyce Rd

Maroubra

 

P & R Rizzo

4A Boyce Rd

Maroubra

 

C Gibbens

1/21 Maroubra Rd

Maroubra

 

L Thomas

31 Boyce Rd

Maroubra

 

I Neofylion

40 Royal St

Maroubra

 

AM Lucas

26 Glanfield St

Maroubra

 

S & A Nicolaou

28 Glanfield St

Maroubra

 

Haig Jamgotchian

18 Boyce Rd

Maroubra

 

P Cortis-Jones

21 Boyce Rd

Maroubra

 

R Leung

19 Boyce Rd

Maroubra

 

R & S Cattan

45 Maroubra Rd

Maroubra

 

A Durante

10 Boyce Rd

Maroubra

 

E Simeone

8 Boyce Rd

Maroubra

 

L Henwood

1/35-37 Solander St

Monterey NSW 2217

 

J Nelson

3 Boyce Rd

Maroubra

 

M Finnie

1 Boyce Rd

Maroubra

 

C Butou

5 Boyce Rd

Maroubra

 

G Jillian

7 Boyce Rd

Maroubra NSW

 

First signatory of petition (containing 18 singatures)

B Wallace

7 Maxwell Rd

Pagewood

 

E & E Lyon

45 Mason St

Maroubra

 

The issues raised in the submissions are summarised below:

 

·        Increased traffic from the proposal

 

Comment

 

Parking and traffic impacts are discussed in detail under the  Environmental Assessment section of this report. 

 

·        Additional anti-social behaviour and crime

 

Comment

 

Anti-social behaviour is discussed in further detail under the Environmental Assessment Section of this report. In general it is considered that the proposal will not have an adverse impact in terms of anti-social behaviour provided that proposed conditions of consent are adhered to in regards to finalising the plan of management and enforcement of this approved plan. 

·        Additional noise to residential properties including aged care facility

 

Comment

 

Noise is discussed in detail under the Environmental Assessment Section of this report . In general it is considered that recommended conditions of consent will ensure noise impacts to neighbouring properties are minimised.

 

·        Reduced enjoyment of residential homes

 

Comment

 

It is considered that the recommended conditions of consent will ensure that amenity impacts to neighbouring properties will be minimised particularly in regard to reduced hours of operation, maximum noise levels and restricted patron numbers.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Environmental Health & Building Services comments

 

The Proposal

 

The proposal seeks to use part of the existing hotel as a place of public entertainment. The areas of the public entertainment proposed are the bistro area at the rear of the existing hotel for amplified music and Karaoke.

 

The hotel currently holds a liquor licence from 9.00am to 4.00am. The hotel is located at 2 Maroubra Road, Pagewood. The nearest residential receiver is located approximately 10 metres east of the subject premises and fronts Maroubra road. The rear of the premises has residential receivers located on Glanfield Street.

 

BCA Building Classification

 

Class          -        9b    (Place of Public Entertainment)

Class          -        6      (Retail/Shops)

Class          -        3      (Shared accommodation)

 

Background

 

There are no current customer service requests relating to complaints about the operation of the subject premises.

 

Hours of operation:

 

The proposed hours of operation for public entertainment are 12 noon to 3.00am.

 

Due to the location of the premises to nearby residents it is considered that the proposed hours are excessive and the use of the premises for public entertainment to this extent will have a detrimental impact upon the amenity of the locality. Maroubra Police have also expressed their concerns in writing regarding the proposed times for the public entertainment. As such, the following hours are considered more appropriate:

 

          Friday to Saturday:                   12 Noon - 12.00 Midnight

          Sunday to Thursday:                 12 Noon – 10.00 pm

 

Trial Period

 

Due to the neighbouring residential use and liquor licensing requirements in relation to the use and operation of the  premises, it is considered that a trial period of 2 years should be attached to the development consent should the application be approved. A trial period would allow for an operational assessment to be made by Council to ensure that the existing amenity and quiet order of the neighbourhood is not compromised. In particular, the potential disturbance to the neighbourhood amenity by patrons leaving the premises. 

 

Key Issues

 

Hours of operation/Number of persons

 

The potential amenity impact associated with the proposed hours of operation for this application must be considered and impacts minimised accordingly. Notwithstanding, that the proposed number of 350 persons does not exceed the requirements of the BCA, Council should consider the amenity impact of the proposed number of partons permitted within the proposed entertainment area and the amenity impact of the proposed number of people leaving the premises particularly at or after midnight.

 

In this regard, considering the amenity impact upon the adjoining and nearby residents, and the limited number of security that is to patrol the area when entertainment is provided, it is considered that Council restrict the maximum number of persons to 250 for the trial period of 2 years.

 

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.

 

The applicant has submitted a Development Application to Council which also seeks an approval under Section 68 of the Local Government Act 1993, which proposes to use part of the existing hotel as a place of public entertainment. Therefore, the following conditions have been applied to satisfy the relevant requirements of the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993.

 

Conclusion:

 

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

 

6.1     Referral to Maroubra Local Area Command

 

The application was referred to Maroubra Local Area Command. The Licensing Sergeant, in discussion with Council’s Environmental Health and Compliance Officers, requested and reviewed additional information from the applicant. Based on this on-going discussion and preparation of recommended conditions of consent the following comments were received:

 

Police have an objection to the hours applied for in the DA. Police have concerns that the quiet and good order of the neighbourhood would be disturbed if the application is granted. Police would support the application if the hours were restricted to midnight. Further requests would be conditions to be imposed requiring prominent signage at all exit points reminding patrons to consider the quiet and good order of the neighbourhood when leaving the premises. Further that a security officer patrol the vicinity of the hotel to ensure patrons leave the premises in a timely and orderly manner between the hour f 11pm till half an hour after the entertainment has ceased or all patrons have left.

 

I feel these conditions need to be endorsed as a formal complaint has been served on the Police from local residents regarding patrons leaving the hotel after Karaoke.

 

These above suggested conditions will be included as part of the recommendation.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned 3B Local Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

8.       ENVIRONMENTAL ASSESSMENT

 

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

 

8.1     Parking and Traffic

 

Under the DCP Parking, the rate of parking spaces generated by a Hotel development is one space per 6sqm. This rate is consistent for bistro or entertainment uses within a licensed premises. Based on this rate the number of parking spaces required is 52.3 spaces The proposal is for a change of use of a bistro area to an area for entertainment. As such the demand per the DCP does not alter between the two uses.

 

The car park to the north of the subject site currently accommodates some 70 on site car parking spaces and 16 on street spaces in close proximity to the hotel. A traffic study was commissioned by the applicant and submitted with this application. This survey identified that the typical occupancy rate of the car park was 71%.

 

Despite there being no additional demand for parking spaces as determined by the requirements of the DCP it is likely that patron numbers will be higher for the public entertainment use than that of the bistro. The applicant sought approval for up to 350 patrons for the entertainment use which could be accommodated under the BCA however, based on likely amenity impacts the maximum number of patrons for this use will be restricted to 250.

 

It is noted therefore that this is an additional number of people above what is typically generated by the existing bistro use. In determining the real demand on car spaces it is considered that patrons are more likely to drive to dinner than they are to a night of karaoke. Typically patrons who are visiting the hotel for a night of entertainment are unlikely to drive as karaoke is typically paired with social drinking. As such, patrons in are likely to arrive by taxi, public transport or walk. The increase in patrons balanced against the number of actual additional drivers to the hotel will result in current parking availability being sufficient.

 

The RTA Guide for Traffic Generating Development recommends that surveys of comparable hotels be undertaken in order to establish the likely demand generated for car parking.  A demand analysis undertaken for the Coach & Horses Hotel, a comparable licensed premises (in that it is located in a town centre adjoining a residential area and with similar patronage) indicated that without a POPE, 67.89% of patrons walked to the hotel, and a maximum of 10.7% drove on a Thursday night typically to utilise the bistro for dinner. On a Saturday night, when typically the hotel was at its busiest with POPE in operation, the number of patrons driving reduced to 3.6%. In projecting a likely patron driving figure 15% has been selected which is more than double the average percentage and will ensure a prudent margin. Applying this rate of 15% a total number of 37.5 car spaces would be the demand based on the maximum number of patrons conditioned to be 250.  Adding the existing number of patrons driving (49) to the likely additional driving patrons projected during times of the POPE being in operation (37.5) a total demand of 86.5 spaces results which is approximately the number of spaces currently provided including the on street spaces immediately adjoining the hotel’s street frontages and the dedicated car park.  The proposal is therefore unlikely to detrimentally impact the parking capacity of the locality.

 

8.2     Anti-social behaviour

 

The issue of anti-social behaviour is often encountered in Land and Environment Court proceedings in relation to licensed premises. In Kevin Snell Pty Ltd ats Manly Council his Honour, Chief Justice McClellan, found that whilst anti-social behaviour can be recognised within a locality, it was not necessarily an argument for refusal of an application. The judgment further detailed that adequate amenity-focused conditions, such as: reduced hours of operation and closed circuit television surveillance systems, can overcome anti-social behaviour and to adequately control the potential for noise to emanate from a premises.

 

Anti-social behaviour was also an issue in Vinson ats Randwick City Council (Coach and Horses) where Commissioner Moore noted that “as is well recognised in proceedings of this nature in the Court, it is impossible for any licensed premises (no matter how well managed or vigorously patrolled both within the premises and the immediate neighbourhood) to eliminate entirely all instances of anti-social behaviour”.  Further, Commissioner Moore acknowledged that “well accepted role of management is to minimise such behaviour and to ensure that any incidents are isolated and, if possible, dealt with promptly by the staff or contractors of the premises”.  Commissioner Moore was not convinced that the operators of the Coach & Horses Hotel could manage the premises effectively, and consequently dismissed the appeal. 

 

It is considered that many of the concerns for anti-social behaviour as raised by the surrounding neighbours are due to the licensed premises not having security guards to patrol the area outside the Hotel. Further, the proposed hours of operation of the POPE so close to residential properties will exacerbate the situation. Extended trading hours are already available to the front of the hotel addressing the predominantly commercial Maroubra Rd, extending and intensifying the use to the rear of site is not considered appropriate. The application for public entertainment is not likely to adversely affect residential amenity provided that the hours of operation are restricted to midnight Friday and Saturday, and 10.00 pm Sunday to Thursday, security guards are placed on rear exits of the hotel and are required to patrol around the boundary of the site (including the car park), and an affective Plan of Management is implemented.  Further, a trial period of 24 months is considered appropriate to allow for a review of the operations of the hotel and determine the level of commitment by management to the fulfilment of the conditions of consent.

 

8.3     Noise

 

The applicant has provided Council with a report from a suitably qualified and experienced consultant in acoustics stating that noise and vibrations emissions will comply with noise criteria under the Protections of the Environment Operations Act 1997. The report provided recommended measures to minimise noise emissions from the subject premises to neighbouring residential properties.

 

Suitable conditions have been included in the recommendation which require the noise attenuation measures in the report to be fully complied with and that a compliance report be prepared within 3 weeks of the commencement of public entertainment certifying that noise and vibration emissions comply with relevant criteria.

 

9.       FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10.     CONCLUSION

 

The proposed change of use of the bistro of the existing hotel to an area which accommodates public entertainment in the form of karaoke entertainment and the playing of amplified music is consistent with the objectives of the local business zone and will not result in any adverse traffic or parking impacts to the locality.  Subject to a reduction in patrons numbers, restricted hours of operation, compliance with noise criteria and effective management of the premises, the proposed POPE will not detrimentally impact on the amenity of adjoining and neighbouring residents.  The application is therefore recommended for approval.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 205/2005 for Change of use to the existing bistro area of the Pagewood Hotel as a place of public entertainment, including minor internal improvements to cater for karaoke and amplified music with hours of operation 12noon to 3am dailyat 2-14 Maroubra Rd Maroubra subject to the following conditions:-

 

REFERENCED PLANS:  

 

1.       The development must be implemented substantially in accordance with the plans numbered sheet 1 of 1, dated Mar 2005 and received by Council on 25 May 2005 the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       Signs shall be placed on or adjacent to all exits with the following wording “Please leave the premises in a quiet and orderly manner without disturbing the peace of the neighbourhood”

 

3.       At no time shall the premises provide any live entertainment other than Karaoke.

 

4.       Entertainment shall only be provided in the Bar / Bistro area and Lounge / Dining area and the maximum number of persons permitted in the place of public entertainment area is limited to a maximum number of 250 persons.

 

5.       The hours of operation of public entertainment is limited to:

 

          Friday to Saturday:                      12 Noon - 12.00 Midnight

          Sunday to Thursday:                    12 Noon – 10.00 pm

 

6.       The use of the premises for public entertainment is limited for a period of 2 years from the date of the commencement of public entertainment to enable the Council to monitor and assess the impact of the development on the public health, safety and amenity of the occupants of the building and residents of the locality. Council must be notified in writing 7 days prior to the commencement of the public entertainment.

 

          A separate application must be made to the Council in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993, if it is proposed to use the premises for public entertainment after the 2 year trial period.

 

7.       When entertainment is provided at the premises not less than two security guards must be provided, identified as such by uniform, to take all reasonable steps to prevent noisy and unruly behaviour of patrons leaving the premises. These security guards should be based to the rear of the site and patrol the car park as well as the front of the hotel.

 

8.       A plan of management must be submitted to and approved by Council’s Director City Planning in writing prior to commencing any public entertainment, which comprehensively details to Councils satisfaction, the measures to be implemented to:

 

·           ensure compliance with the relevant conditions of approval,

·           minimise the potential impact of the operation of the premises upon nearby residents,

·           effectively minimise and manage anti-social behaviour,

·           minimise noise emissions and associated nuisances,

·           effectively manage and respond to resident complaints,

·           ensure responsible service of alcohol and harm minimisation

 

9.       The licensee must establish and maintain a formal and documented system for the recording and resolution of complaints made to the licensed premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty Manager is to contact the complainant within 48 hours to confirm details of action taken.

 

10.     The noise attenuation measures detailed in Section 6 (Discussion) of the acoustic report prepared by Acoustic Logic Pty Ltd, dated February 2005, shall be fully complied with, when entertainment is provided.

 

11.     A compliance report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council within 3 weeks of the commencement of the public entertainment, 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 Industrial Noise Policy Noise Control Manual (sleep disturbance) recommended attenuation measures detailed in acoustic report dated February 2005 and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

          The report is also to include details of compliance with the relevant noise emission conditions of this consent and the measures implemented to ensure and monitor compliance with the noise criteria while public entertainment is being provided. Such measures may include the installation of a noise limiting device or other suitable measures to monitor compliance with the conditions of development consent.

 

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

 

13.     The maximum internal level of noise in the form of amplified music within the public entertainment area must not exceed an LA10 of 91 dB(A) at 3 metres from any speaker at all times.

 

14.     The L10 noise level emitted from the premises shall not exceed 5dB above the background level in any Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) at the nearest affected residential boundary between the hours of 7.00am to midnight.  The background level shall be measured in the absence of noise emitted from any music/entertainment provided in premises.

 

15.     The L10 noise level emitted from premises shall not exceed the background level in any Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) from 12.00 midnight to 7.00am at the nearest affected residential boundary.  The background level shall be measured in the absence of noise emitted from any entertainment provided in premises.

 

16.     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.

 

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

 

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

 

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

 

18.     All new building work, including fire upgrading works and the works associated with the upgrading of glazing, 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.

 

19.     Prior to the commencement of any building works (including fire upgrading works and the works associated with the upgrading of the glazing), 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.

 

20.     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.

 

21.     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.

 

22.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

          An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

23.     Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

 

          Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon must also be provided to Council with the occupation certificate.

 

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

 

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

 

25.     All 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.

 

26.     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.

 

LOCAL GOVERNMENT ACT 1993, CONDITIONS:

 

The following conditions are applied to ensure that the development satisfies the relevant provisions of the Local Government Act 1993, and to maintain reasonable levels of amenity, health and safety:-

 

Approval is granted to use the Bar / Bistro area and Lounge / Dining area, within the subject premises as a Place of Public Entertainment, subject to the following conditions:

 

27.     Entertainment is only to be provided in the Bar / Bistro area and Lounge / Dining area and the maximum number of persons permitted in the place of public entertainment area is limited to a maximum number of 250 persons.

 

28.     The hours of operation of public entertainment is limited to;

 

          Friday to Saturday:                      12 Noon - 12.00 Midnight

          Sunday to Thursday:                    12 Noon – 10.00 pm

 

29.     The existing levels of fire safety within the building are to be upgraded and the works specified in the conditions of approval are to be carried out as part of this approval and prior to commencement of any public entertainment usage.

 

30.     The following fire safety measures are required to be provided within the premises, prior to commencement of any public entertainment usage and a fire safety certificate is to be provided to Council accordingly, which certifies that the essential fire safety measures satisfy relevant Building Code of Australia requirements and standards:-

 

§  The mechanical ventilation / air handling system within the building is to comply with NSW table, Specification E2.2b of the Building Code of Australia, and certification is to be provided to Council accordingly.

 

§  An automatic smoke detection and alarm system is to be installed within the subject premises, to comply with Part E2 of the Building Code of Australia and certification is to be provided to Council accordingly.

 

31.     The public entertainment usage must not commence before the premises is inspected and approval is granted by Council’s Building Surveyor, to ascertain compliance with the relevant conditions of approval.

 

32.     This approval is limited for a period of 2 Years only from the date hereon to enable the Council to monitor and assess the impact of the Activity on the public health, safety and amenity of the occupants of the building and residents of the locality.

 

          A separate application must be made to the Council in accordance with Section 68 of the Local Government Act, 1993 if it is proposed to use the premises for public entertainment after the above stated period.

 

33.     The number of persons permitted in the premises must not exceed the authorised capacity and appropriate measures are to be implemented to ensure compliance, such as using a hand held counting device carried out by a specifically appointed manager or duty officer or issue of numbered tickets, supplemented by a periodical head count by a specially appointed manager or duty officer.

 

34.     When entertainment is provided at the premises not less than two security guards must be provided, identified as such by uniform, to take all reasonable steps to prevent noisy and unruly behaviour of patrons leaving the premises.

 

35.     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.

 

36.     The maximum internal level of noise in the form of amplified music within the public entertainment area must not exceed an LA10 of 91 dB(A) at 3 metres from any speaker at all times.

 

37.     The noise attenuation measures detailed in Section 6 (Discussion) of the acoustic report prepared by Acoustic Logic Pty Ltd, dated February 2005, must be fully complied with, when entertainment is provided.

 

38.     A compliance report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council within 3 weeks of the commencement of the public entertainment, 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 Industrial Noise Policy Noise Control Manual (sleep disturbance) recommended attenuation measures detailed in acoustic report dated February 2005 and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

          The report is also to include details of compliance with the relevant noise emission conditions of the consent and the measures implemented to ensure and monitor compliance with the noise criteria while public entertainment is being provided. Such measures may include the installation of a noise limiting device or other suitable measures to monitor compliance with the conditions of development consent.

 

39.     A plan of management must be submitted to and approved by Council in writing prior to commencing any public entertainment, which comprehensively details to Councils satisfaction the measures to be implemented to:

 

·           ensure compliance with the relevant conditions of approval,

·           minimise the potential impact of the operation of the premises upon nearby residents,

·           effectively minimise and manage anti-social behaviour,

·           minimise noise emissions and associated nuisances,

·           effectively manage and respond to resident complaints,

·           ensure responsible service of alcohol and harm minimisation

 

40.     The licensee must establish and maintain a formal and documented system for the recording and resolution of complaints made to the licensed premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty Manager is to contact the complainant within 48 hours to confirm details of action taken.

 

41.     The Place of Public Entertainment is to be registered with the Council prior to operation of the public entertainment and on an annual basis and the premises is subject to a service fee for inspections by Council officers, in accordance with Council’s adopted Pricing Policy.

 

42.     Seating in the entertainment area must allow for permanent, unobstructed access to exits from the entertainment area at all times.

 

43.     All paths of travel and stairways shall be maintained clear and unobstructed at all times so as not to impede the free flow or prejudice the safety of persons in the premises.

 

44.     Egress doors shall not be locked or otherwise obstructed at anytime while the premises are occupied.

 

45.     Trading hours shall be in accordance with the relevant conditions of Development Consent.

 

46.     A copy of this approval and a copy of the fire safety certificate/annual fire safety statement must be permanently displayed in a prominent, visible position within the building (ie building entrance foyer), to the satisfaction of Council’s Building Surveyor.

 

47.     An Annual Fire Safety Statement (form 15A) is to be submitted to the Council on an annual basis, certifying the operation of all essential fire and other safety measures within the premises.

 

48.     A fire safety certificate is required to be submitted to the Council (and a copy provided to the NSW Fire Brigades) upon installation of the essential fire safety measures, which satisfies the requirements of part 9 of the Environmental Planning & Assessment Regulation 2000.

 

ADVISORY MATTERS

 

A1.    The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

          The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

ATTACHMENT/S

 

A4 architectural plans

 

 

 

 

………………………………………

………………….……………………

KERRY KYRIACOU

Aoife WYnter

A/DIRECTOR OF CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 



Acting Director, City Planning Report 45/2005

 

 

 

SUBJECT:

14 Marine Parade, Maroubra

 

 

DATE:

8 July, 2005

FILE NO:

DA/139/2005

 

 

 

REPORT BY:            ACTING DIRECTOR, CITY PLANNING    

 

 

INTRODUCTION:

 

Attached is Development Application Report No. 139/2005 for alterations and construction of additional floor level to existing dwelling, including new swimming pool and detached double garage.

 

 

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 16 June 2005.

 

 

 

 

………………………………

………………………………

KERRY KYRIACOU

RACHEL AITKEN

ACTING DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 

 


Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

8 July, 2005

FILE NO:

DA 0139/2005

 

PROPOSAL:

 Alterations and construction of an additional floor level to the existing dwelling house, including new swimming pool and detached double garage

PROPERTY:

 14 Marine Parade, Maroubra

WARD:

 Central Ward

APPLICANT:

 Renato D'Ettore Architects

OWNER:

 Mr L M MacRi

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Chris Bastic, Ted Seng. The estimated cost of the works is $800,000.

 

The application proposes substantial alterations and additions to the existing 2-3 storey dwelling including new detached double garage, swimming pool and landscaping and an additional level towards the rear of the dwelling. New terraces are proposed at all levels.

 

The main issues for consideration are the impact of the proposal on the existing views of properties to the south, east and west of the site and its height, bulk and scale.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

The applicant is seeking approval to make substantial alterations and additions to the existing dwelling on the site.

 

The existing lower ground floor level will be reconfigured to provide a covered terrace, laundry, bathroom, storage area, new swimming pool and new detached double garage.

 

Internal and external alterations to the existing ground floor level of the dwelling are also proposed. These changes are generally contained within the footprint of the existing dwelling on the site and this level will comprise living areas. New terrace areas to the rear of the site and above the new garage at the front of the site are proposed.

 

The modifications at first floor level include additions to increase the area of the first floor level by extending it northwards and southwards (front and rear) and incorporating balconies, voids and bridges into the footprint of this level.

 

A new second floor level is proposed, comprising a study with bathroom and new roof terrace. The proposal will result in a dwelling with three bedrooms plus study (or fourth bedroom).

 

Hard and soft landscaping to the perimeter of the site is also proposed. The dwelling has is contemporary in style and architectural features such as timber screens and pergolas are proposed over terrace areas, reducing the openness of these structures.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

The subject property is located on the southern side of Marine Parade in Maroubra. The site has an angled frontage (northern boundary) to the pedestrian foreshore walk of 11.79 metres. The remaining boundaries are straight, with the eastern boundary (part of which terminates Marine Parade) measuring 45.05 metres and the western boundary measuring 42.365 metres. The rear (southern) boundary measures 11.28 metres. The site has an area of 497.1m2 and slopes from south to north (rear to front) resulting in a change of level of approximately 6 metres between these boundaries.

Existing on the site is a 2-3 storey rendered masonry dwelling with skillion and hipped roof profile. The slope of the site accommodates a lower ground floor level to the front of the exiting dwelling, resulting in a three-storey volume to the street and the dwelling appearing as 1-2 storeys from the rear.

 

Above: View along Marine Parade looking west, existing dwelling on subject site behind palm tree. Adjacent development has a 2-3 storey rendered form.

 

To the east (16 Marine Parade) of the site is a 2-3 storey dwelling house. To the west (10 Marine Parade) of the site is a 2-3 storey dwelling house. The western boundary also adjoins the rear boundary of 1A Inman Street a two storey attached dual occupancy. The dwelling to the south of the site at 1 Inman Street is two storeys in height. The northern side boundary of this lot adjoins the rear boundary of the subject site. The elevation of properties to the south of the site affords some northerly view opportunities to the horizon and ocean. These views are interrupted by existing development and roof forms on Marine Parade.

 

The site is located in a Foreshore Scenic Protection Area (FSPA).

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The application was lodged on 25 February 2005. Council raised concerns with the applicant in relation to the wall height and bulk and scale of the development and its impact on surrounding properties particularly in relation to view loss.

 

As a result of these discussions, the applicant submitted amended plans on 27 May 2005 that reduced the bulk and scale of the top floor and reduced the height of this element to be approximately 300mm above the maximum roof height of the existing dwelling. Corrections to previously issued information such as the site survey were also lodged by the applicant.  Additional amendments in relation to bulk and scale impacts of the western elevation were lodged on 29 June 2005. These plans are the subject of this assessment.

 

 

5.       COMMUNITY CONSULTATION

 

The proposal has been notified in accordance with the DCP for Public Notification of Development Proposals and Council Plans. In response to the initial notification period (ending on 21 March 2005), the following submissions were received:

 

5.1     Objections

 

1.       Dr P J Briggs, 9-11 Holmes Street, Kingsford on behalf of Dr & Mrs McConville, 10 Marine Parade, Maroubra

 

§  Accuracy of documentation, in particular survey information

 

Comment: An amended survey plan has been provided

 

§  Western wall is generally blank and three storeys. Space between the development and 10 Marine Parade will be detrimental to the amenity of the area and will unnecessarily constrict the opportunity to preserve some access to water view for residences behind.

 

Comment: The amended plans have minimised the impacts in terms of bulk and scale and view loss.

 

§  Landscaped terrace as roof of the area immediately adjoining 10 Marine Parade will result in visual privacy impacts to master bedroom, bathroom and eastern courtyard of 10 Marine Parade

 

Comment: The area of the terrace has been reduced to minimise impacts. The terrace approximates the roof level of 10 Marine Parade and is set above the windows in the eastern elevation. Privacy impacts of the terrace have been discussed in detail in Section 8.1(e).

 

§  Eastern courtyard of 10 Marine Parade will be compromised by overshadowing of the three storey portion of the house early in the morning.

 

Comment: This courtyard faces north and will receive three hours of sunlight midwinter in accordance with the preferred solution under the DCP.

 

§  The proposal provides for a 1.8 metre fence or screen above the garage roof deck on the western boundary of the subject site. This screen will restrict ocean views from 10 Marine Parade and result in overshadowing. Privacy could be provided by provision of soft landscape which would allow preservation of views from 10 Marine Parade.

 

Comment: View loss impacts have been discussed in detail in Section 9(a) below.

 

2.       S Mellos & J Psarros, 12 Undine Street, Maroubra

 

§  Overlooking, in particular from the mezzanine and first floor levels from rear and western side.

 

Comment: 12 Undine Street is 30 metres from the rear boundary of the subject site and approximately 37m from the rear wall of the proposal. These distances are in excess of the 10 metres considered best practice. In addition, the ground level at 12 Undine Street is approximately 3 metres higher than the subject site due to the sloping topography.

 

§  Proposal is excessive in scale and will have an overbearing appearance and object to the FSR and height which do not comply with Council’s guidelines

 

Comment: Non-compliance with preferred solutions needs to be assessed against the objectives of the preferred solutions and the impacts of non-compliance. Impacts from the FSR and height non-compliances have been discussed in Section 8.1.

 

§  View loss

 

Comment: View loss has been discussed in detail in Section 9(a).

 

3.       R Degabriele, 5 Inman Street, Maroubra

 

§  Height is unacceptable, in particular third storey due to existing context, streetscape impacts and will set a poor precedent in the area

§  The size of the building – FSR exceeds Council’s limits

 

Comment: Non-compliance with preferred solutions needs to be assessed against the objectives of the preferred solutions and the impacts of non-compliance. Impacts from the FSR and height non-compliances have been discussed in Section 8.1.

 

§  The area is covered by foreshore protection and the building is beyond these guidelines

 

Comment: The requirements of the FSPA have been discussed in Section 8(a) and 8.1(i) of this report.

 

§  Architect has already created a ‘ghastly’ building in the area and this one is designed in the same vein

§  Façade is unsightly and not befitting a coastal area

 

Comment: These are subjective observations. The architect has won awards for their designs in the local area. The proposal is consistent in form with adjoining properties and will make a positive contribution to its the foreshore location.

 

§  Privacy

 

Comment: Two large dwellings separate the objector from the subject site. 5 Inman Street is approximately 4 metres higher than the level of the subject site. There will be no privacy impacts from the proposal to 5 Inman Street.

 

4.       P and M Ciani, 10 Undine Street, Maroubra

 

§  Request knowledge of the measurements of the front door to the roof

Comment: Plans of the proposal are available for inspection during the exhibition period.

 

§  Privacy

 

Comment: 10 Undine Street is 20 metres from the rear boundary of the subject site and approximately 27m from the rear wall of the proposal. These distances are in excess of the 10 metres considered best practice. In addition, 10 Undine Street is approximately 2 metres higher than the subject site due to the sloping topography.

 

5.       E Dan, 3 Inman Street, Maroubra

 

§  Excessive height is out of context with the local character and will block views

 

Comment: Height has been reduced to ameliorate view loss impacts, particularly from properties to the rear (south) such as 3 Inman Street.

 

§  Does proposal satisfy clause 29 Foreshore Scenic Protection Area of the LEP

 

Comment: Compliance with clause 29 has been discussed in detail in Section 8(a).

 

§  Concern this proposal would set a precedent for three storey foreshore development which will affect properties who purchased ‘with confidence’ of Council’s controls.

 

Comment: The existing development on Marine Parade is of a similar scale compared with the subject proposal, having a three storey scale to the street.

 

The amended plans submitted on 27 May 2005 were re-notified to affected and interested properties for 14 days, concluding on 20 June 2005. In response to this notification the following submissions were received:

 

1.       H & M McConville, 10 Marine Parade, Lurline Bay

 

§  Appreciate amendments to reduce privacy impacts

§  New plans do not address visual impact of the very high and very large western wall of the new extensions or loss of some morning sun as a result of same.

 

The applicant has tried to address this objection by further amending the plans. Amendments lodged on 29 June 2005 modified the western elevation to reduce the height of walls and increase articulation. As these plans reduced the impact of the proposal further by making minor amendments further re-notification was not undertaken.

 

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 reviewed the application and provided the following comments:

 

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

 

Landscape Comments

There is one Banksia integrifolia (Coastal Banksia) in the front yard, at the northeast corner of the site which is shown for removal on the plans provided. The crown of this tree has been previously heavily lopped, presumably to maintain water views, and as a result, is only managing a height of about 3-4 metres. If this tree were to remain in its current state, future growth and habit would be severely compromised by this pruning, and as such, Council would not object to the removal of this tree, subject to a more suitable tree being provided in its place than what is currently shown on the landscape plan.

 

There is one tree shown as being removed from the northwest corner of the site; however, a site inspection revealed that this tree (Agonis flexuosa, Willow Myrtle) is too small to be covered by Council’s Tree Preservation Order, and as such, permission is not required for its removal.

 

There is one Persea americanna (Avocado) of approximately 5 metres in height, growing within the adjoining property to the west, 1 Inman Street, close to the common boundary. Although the canopy of this tree encroaches slightly into the subject site, it should remain largely unaffected by the proposed steps and stormwater line/pit.

This application was referred to Council’s Bushland Management Unit, who advised that given the proximity of this site to the adjoining cliff faces of Lurline Bay, which has had a significant amount of bush regeneration undertaken over the last few years, several of the proposed species are deemed unsuitable given their ability to escape garden areas and threaten areas of native bushland. These unsuitable species shall be deleted and replaced with more suitable alternatives that do not possess such qualities.

Should the application be approved the following conditions shall apply:

 

Conditions suggested by the Director, City Services have been included in the Recommendation section of this report (see Conditions 54-65).

 

7.       MASTER PLANNING REQUIREMENTS

 

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

 

 

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

--       Randwick Local Environmental Plan 1998

-        State Environmental Planning Policy No. 55 – Remediation of Land

-        Dwelling Houses and Attached Dual Occupancies DCP

-        Environmental Planning and Assessment Act 1979 (as amended)

-        Building Code of Australia

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2(a) under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. There are no relevant statutory standards with which the proposed development should achieve compliance. The following clauses of the LEP require consideration:

 

Clause 29 - Foreshore Scenic Protection Area (FSPA)

 

The site is located in the Foreshore Scenic Protection Area. Clause 29 of the RLEP 98 requires Council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore. The proposal is of a scale that approximates that of surrounding sites when viewed from the foreshore and the contemporary form of the building will not detract from the scenic qualities of this foreshore location. The development has minimised excavation and will not result in significant changes to the topography of the area. The materials used have been limited to rendered masonry painted in light colours and glazing with timber elements such as pergolas and screens. Attachment 2 includes a photomontage of the building within the existing streetscape on Marine Parade which demonstrates it is consistent with surrounding development which is characterised by rendered masonry painted in light colours with solid and glazed balustrading. The development has been designed with large overhangs, providing strong moulding and visual relief and reduce its visual bulk and mass. The design of the building is considered to set a strong precedent for future redevelopments in the area that will be contemporary whilst relating to existing development in terms of materials and finishes.

 

The proposed privacy screening to the top of the garage structure is considered to be excessive in bulk and scale and contributes to loss of outlook from adjacent dwellings. As such these elements are to be removed from the proposal (see Condition 5).

 

The proposal will not detract from the foreshore location. The proposal will improve the current aesthetics of the site and provide a higher quality finish. The development is satisfactory with regard to Clause 29 of RLEP 98.

 

(b)     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.

 

8.1     Policy Controls

a.       Dwelling Houses and Attached Dual Occupancies Development Control Plan

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

 

(a)     Landscaping

 

 

Preferred Solution

Assessment

S1

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

44.5% of the site is landscaped area. Complies

S1

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

The rear yard has an area of 45 sqm. Complies

S1

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

The above area has dimensions of 5 x 4 metres. Complies

S1

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

The above area is located in the rear yard. Complies

S6

20% of the total site area has permeable treatment.

14.6 % of the site is permeable. Does not comply

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

 

The proposal complies with the preferred solution for landscaping under the DCP. The dwelling has been designed to be well integrated with external areas including numerous terraces and landscaped areas. The proposal does not comply with the preferred solution for permeable landscaped area under the DCP by approximately 5%. This non-compliance can be addressed by giving the area at the rear of the site shown as paving a permeable treatment (see Condition 3). This will result in a permeable landscaped treatment of 22% and achieve compliance with the preferred solution under the DCP.  Council’s Landscape Technician has reviewed the plans and is satisfied with them subject to amendments including removal of unsuitable species (see Conditions 61-64).

 

The development (as modified by Conditions of consent) is satisfactory with regard to landscaping.

 

(b)     Floor Area

 

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.569:1 (282.8m2) applies. 

The proposed FSR is 0.6:1 (301.9 m2). Does not comply – see assessment below.

 

The Objectives and Performance Requirements of the DCP are that developments are not excessive in bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

 

The development exceeds the preferred solution for FSR by 19.1m2. The area of the lower ground level contributing to FSR is approximately 36m2. Deletion of part of this area could achieve numeric compliance but would do very little to improve the overall appearance of the development or its impacts on adjoining properties. The proposal is considered satisfactory despite the non-compliance as it will not result in substantial additional overshadowing to neighbouring properties or privacy impacts as a result of the non-compliance and the bulk and scale of the development is consistent with surrounding properties.

 

The proposal is contained within similar envelope as the adjoining properties at 16 Marine Parade and 18 Marine Parade. These buildings are three storeys in height. The top floor of the proposal is well set back so as not to be apparent from the foreshore and is largely contained within the area occupied by the roof of the existing dwelling which has minimised bulk and scale and view loss impacts from properties to the rear of the site.

 

The floor space ratio has been calculated as per the definition in the Dwelling Houses DCP. The definition does not anticipate the unusual design of the proposal which includes many areas that are semi-enclosed by pergola structures and as subfloor areas. To ensure that approval of these areas does not result in construction of additional floor space (as the pergola structures will form the effective envelope of the building) a condition has been recommended to prohibit the enclosure of these spaces (see Condition 12).

 

The western elevation of the proposal has been modified throughout the assessment process to try and minimise impacts on adjoining properties as a result of bulk and scale. The proposal is considered satisfactory with regard to bulk and scale impacts on adjoining properties and its location in a foreshore area despite non-compliance with the preferred solution for FSR under the DCP.

 

The density of the development is satisfactory.

 

(c)     Height, Form & Materials

 

 

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 5.4-10.2 metres. Does not comply – see assessment below

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

1m max. Complies

S3

No excavation within 900mm of a side boundary.

Excavation to boundary. Does not comply

S3

No excavation within 4m of a rear boundary.

Excavation to boundary. Does not comply

S4

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

Not applicable. Southern boundary is rear boundary.

S5

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

Not applicable.

 

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

The relevant Performance Requirements are that the height of buildings should relate to those in the existing streetscape and the topography; buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets; with respect to additions to semi-detached dwellings they integrate with the attached dwelling; and views are shared.

 

The proposal exceeds the maximum external wall height by up to 3.2 metres. The area of non-compliance occurs at the northern end of the study area at second floor level and the northern end of the first floor level. The non-compliances range due to the steeply sloping topography. The first floor is compliant to the rear of the site and the second floor study exceeds the control by 1.5m at the rear of the site. The study area has been reduced both in height and extent from the originally submitted scheme which has reduced impacts in terms of view loss, visual bulk and scale impacts and overshadowing to an acceptable level. In terms of height, the development now approximates the ridgeline of the existing dwelling and although it extends further north-south, its east-west footprint is reduced opening greater view opportunities to properties to the rear (south) of the site. While it is true that even greater view opportunities could potentially be opened up by a fully compliant scheme (that is, deletion of the top floor in its entirety) this has not been considered necessary given the limited benefit this would have on view aspects from surrounding properties to the east and northeast and the extent of the existing building envelope which already limits view opportunities.

 

The applicant has demonstrated that a scheme that complied with the wall height control but had a pitched roof would not achieve the reduced bulk and scale and view loss impacts demonstrated by the proposal. It is considered the design of the top floor has minimised its impact on the amenity of surrounding properties despite non-compliance with the preferred solution. The top floor will not be visible from the street and has been setback so as not to be readily apparent from the foreshore walk to the north of the site. The proposal is consistent in scale with adjoining properties, particularly those to the east of the site which have a similar built form.

 

Above: Existing dwelling from the foreshore walk. Top floor of proposal will not be apparent from the walk

 

The proposal will modify ground levels up to the common boundaries on both sides and to the rear of the site. The modification is a maximum of approximately 1 metre and will not result in significant amenity impacts or a significant change in the topography of the area. Standard conditions requiring structural adequacy of any retaining walls have been applied to ensure the modifications do not affect the structure of adjoining properties. Fence heights will not have to be raised substantially above the level of adjoining properties as a result of the modifications to the topography.

A sample board has been supplied indicating the colours and materials proposed to the building. The board indicates colours that are appropriate to the foreshore location of the proposal.

 

The development is satisfactory with regard to height, form and materials.

 

(d)     Building Setbacks

 

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back to be generally consistent with the setbacks of adjoining dwellings. Complies.

S2

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

The proposed dwelling is 7.1 metres from the rear boundary. Complies.

S3

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

The proposed development is set back minimum 0.9-1.0 metre from the side boundaries. Complies.

S3

Side setbacks be 1.5m at first floor level.

West

Generally 1.5m, approximately 4m length of wall setback 900mm

East

Pergola structure extends to 900mm from boundary, building is setback 4 metres from the boundary within this frame.

Does not comply see discussion below.

S3

Side setbacks be 3.0m at second floor level.

West - 2.2m - Does not comply

East - 3.7m - Complies

 

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

 

The proposal complies with the preferred solutions for front, rear and ground level side setbacks under the DCP.

 

The proposal does not comply with the setback to the eastern side at first floor level by 600mm. This setback is measured from the pergola structure to the eastern boundary. The walls of the building are setback behind this structure a further 4 metres. The pergola structure will appear lightweight and highly modulated. The use of translucent glazing behind the pergola structure will prevent any overlooking from the rooms on this level.

 

At second floor level the proposal does not comply with the setbacks preferred solution to the western side by 800mm. The eastern side setback exceeds the 3.0m setback required by 700mm. A 2.9 and 3.0m (approximating the 3.0 metres preferred solution) setback could be achieved to eastern and western side boundaries with the footprint of building proposed, however the eastern side setback has been increased on the site to assist in preserving the views from properties to the rear of the site.

 

The non-compliance of the second floor level setback to the western boundary does not result in significant bulk and scale impacts on the adjoining property at 10 Marine Parade as this area occurs behind the property at 10 Marine Parade, adjacent to the rear boundary of 1A Inman Street. 1A Inman Street is of a similar height, bulk and scale to the subject proposal and will not be significantly affected by the setback non-compliance. There will be no overlooking impacts as a result of the non-compliance as there are no windows in the western elevation at this level. The area of the terrace located closer to the western boundary than the preferred solution may result in some overlooking to 10 Marine Parade, however this can be addressed by increasing setbacks by moving balustrading (see Condition 3). A planter box restricts the remaining trafficable area of the terrace at this level to 4.7m from the western boundary and 4.1 metres from the eastern boundary. This complies with the preferred solution.

The proposal will result in additional overshadowing to adjoining neighbours, however this is not significantly contributed to by the non-compliance with side setbacks and the adjoining properties maintain 3 hours minimum of solar access midwinter.

 

The proposal meets the objectives of the preferred solutions despite non-compliance with the controls for side setbacks at first and second floor level.

 

(e)        Visual & Acoustic Privacy

 

 

Preferred Solution

Assessment

S1

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

The proposal does not have any habitable room windows that overlook those of adjoining dwellings within 9 metres. Complies.

S1

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

Screening to ground floor and first floor balconies at the front of the site will prevent overlooking of the private open space of the adjoining properties. Complies

First floor windows to living room on western side may result in privacy impacts. See discussion below.

Second floor terrace will generate some overlooking. Does not comply – see assessment below.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The Performance Requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies; and separation, screening devices and landscaping be used to assist in minimising privacy impacts.

 

The proposal has generally been well designed to minimise privacy impacts to surrounding properties by offsetting levels between the subject site and adjoining properties and primarily orienting windows and balconies to the north (front of the site). There is minimal opportunity for overlooking from the ground and first floor level balconies and windows as screening is provided to these areas. A corner window is proposed in the western elevation to the kitchen and living areas of the ground floor level. The floor level of these areas is RL 27.55 and RL 26.79, respectively. The eye level of someone sitting at the bench in the kitchen would be approximately RL28.75, while the eye level of someone standing in the living area would be RL 28.39. The garden area of the adjoining property to the west (10 Marine Parade) is at RL 26.41. These windows do provide some potential for overlooking of the private open space of the adjoining dwelling and are required to be treated to minimise the impact (see Condition 2).

 

The second floor balcony to the study area also provides some opportunity for overlooking of the private open space of 10 Marine Parade. The applicant has attempted to address this by increasing the setback of this element and introducing a planter box to restrict sightlines. These measures do not sufficiently prevent overlooking. By increasing the setback further by reducing the trafficable area of the terrace and moving the balustrading eastwards increased levels of privacy to the open space of 10 Marine Parade can be achieved. These measures will not reduce view opportunities from the subject site. This has been recommended as a condition of consent (see Condition 3). The second floor balcony will look over the roof of the adjoining dwelling to the east (16 Marine Parade) and therefore will not result in overlooking impacts despite its elevation and location.

 

To the rear of the site the first floor terrace is screened by walls. Due to existing site levels, the external stair will generally not provide sufficient elevation to overlook the property to the rear (1 Inman Street). In order to minimise the impact of the stair a tree is proposed on the rear boundary in line with the staircase. The tree will provide screening to further reduce any potential for overlooking.

 

Subject to compliance with conditions of consent the proposal is satisfactory with regard to visual and acoustic privacy impacts.

 

(f)      Safety & Security

 

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

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

S2

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

Suitable condition included.

 

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

 

The proposal complies with the preferred solutions for safety and security under the DCP. Standard conditions have been applied where compliance is not explicitly stated in the plans (see Condition 11).

 

(g)     Garages & Driveways

 

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 2 cars. Complies.

S1

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

The dimensions of the parking spaces are 5.5 x 3.25m. Complies.

S1

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

The proposed driveway is 3.8 metres wide. Entry is across the side boundary. Complies.

S1

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

The proposed driveway is 3.8metres at the boundary setback 3.7m from the adjoining boundary. Does not Comply.

S1

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

The proposed driveway gradient is less than 1 in 8. Complies.

S1

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

Not applicable.

S2

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

Not possible. Existing garage to the front of the property.

S2

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

The proposed garage is located in front of the building line. Does not comply – see assessment below

S2

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

The proposed garage occupies about 57% of the width of the site frontage. Does not comply – see assessment below

 

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

 

The garage does not comply with the DCP requirements for location and percentage of the front boundary occupied. The site is unusual in that vehicular access is gained from the side boundary at the front of the property and the front boundary faces the pedestrian foreshore walk.

 

The proposal includes a planter box to the front of the garage structure to minimise its impact on the foreshore walk by providing a landscaped edge to the site. The side of the garage faces the foreshore and appears as a wall rather than being clearly a garage structure or outbuilding. This treatment of the garage minimises the impact of the garage on the foreshore and surrounding properties despite non-compliance with the numeric requirements of the DCP. The existing house has a semi basement garage with garage doors facing the front of the site. This existing garage is more visible as a garage and driveway structure from the front of the site and the foreshore and the proposal will improve the appearance of the site from the pedestrian way. The screen structure to the terrace above the garage is considered to result in an overly bulky appearance from the street and foreshore and as such is conditioned to be removed from the proposal.

 

The existing vehicular entry and crossover from Marine Parade across the eastern side boundary of the site will be retained by the proposal. The eastern boundary of the site terminates vehicular access along Marine Parade. Timber gates will be installed to screen the garage from the street with a separate entry door for pedestrians. This is an acceptable arrangement given the constraints of the site and this arrangement will not detract from the appearance of the street, although it will replace a more open, landscaped treatment to the existing site.

 

The proposal is satisfactory with regard to parking provision.

 

(h)     Fences

 

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

1.6-2.4m to pedestrian way at north of site. Low wall of 0.5-1.0m proposed in front of fence to minimise impact and maximise planting. Does not comply

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

Not Applicable.

 

Generally, the Objectives and Performance Requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

The proposal will retain landscaped area and low walls to the front of the site to maintain the existing character of the public foreshore walk in this location. The wall of the garage acts as a fence and has a height of 1.6-2.4 metres measured from the pedestrian way. This is not considered excessive as the garage is setback from the front boundary and landscaping softens this wall. The elevated terrace above the garage will provide surveillance of the public walkway and interaction with the street.

 

Rendered masonry walls to side boundaries are staggered to relate to the topography and have a height of 1.1-2.4 metres. On the eastern side boundary the existing brick side fence is generally maintained with a slight increase of 0.4-1.4 metres for approximately 10 metres of its length. The southern (rear) boundary fence is 1.8 metres in height measured from ground level on the subject site and less than that from the adjoining property due to the difference in ground levels between the two properties. The walls are not considered to result in significant amenity or bulk and scale impacts to adjoining properties due to the increased height, and walls to both boundaries have been stepped in response to the topography.

 

The proposed fencing to the development is satisfactory.

 

(i)      Foreshore Development

 

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not Applicable

P2

Building form, colour, materials and finishes are sympathetic.

A sample board has been provided which indicates rendered masonry in a light colour and timber as proposed finishes. This is consistent with foreshore location.

P3

Stepped buildings on sloping sites are articulated to reflect human scale.

Building is articulated by balconies and exposed edges to each floor to provide human scale/ defined storeys.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Complies, plans have been amended and increase view opportunities from properties to the rear.

P5

Ancillary structures do not detract from the appearance of developments.

Complies, garage wall has been integrated into landscaping at the front of the site.

 

The development will not result in bulk and scale impacts on the foreshore and has been designed to minimise its impact on views. The garage has been designed to screen the pool from the foreshore and appears as a wall behind landscaping rather than an ancillary structure. Although the garage structure itself is considered to be appropriate to the foreshore location, the proposed privacy screening around this structure is of concern. The pergola elements increase the bulk and scale of the garage structure and enclosure of this part of the development so it appears as a two storey element. To minimise the impact of the garage on the foreshore and maintain view corridors from adjacent sites, condition 5 requires deletion of the majority of this screen.

 

The applicant has provided a sample board which indicates light colouring to the building reflecting the coastal location of the proposal. The details provided in the sample board have been incorporated into the consent via Condition 1.

 

The proposal is satisfactory with regard to Council’s objectives for foreshore development.

 

(j)         Solar Access and Energy Efficiency

 

 

Preferred Solution

Assessment

S1

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

3.5 stars. Complies.

S2

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

The terrace areas to the front of the site will receive at least 3 hours of sunlight. Complies.

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

 

The overall Objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction; encourage the use of appropriate resources and passive solar design; and protect solar access enjoyed by the adjoining premises.

 

In terms of Performance Requirements, as a general guide new dwelling houses and attached dual occupancies must demonstrate that they have been designed to achieve energy efficiency; achieve a NatHERS, rating of 3.5 stars; and buildings are orientated and internally configured to take advantage of and maximise solar access.

 

The proposal complies with the preferred solutions for energy efficiency.

 

The plans show a 5000L rainwater tank. A condition has been imposed to reinforce this provision (Condition 20). Standard energy efficiency conditions have been applied (see Conditions 16-20).

 

The proposal complies with Council’s preferred solutions for solar access and energy efficiency.

 

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.

 

Environmental impacts of the proposal have generally been discussed in Section 8, above. The DCP does not contain specific provisions in relation to loss of views. Due to the foreshore location of the site, specific discussion of the impact of the development on view opportunities from surrounding properties is warranted.

 

(a)     View Loss

 

Properties adjoining the site to the east and west (16 Marine Parade and 10 Marine Parade respectively) will not have their existing views (to the north, front of these sites) significantly interrupted by the proposal. The main part of the development which will interrupt these views is the pergola structure over the garage terrace at the front of the site. This element will disrupt a view of the land water interface from the eastern neighbour (16 Marine Parade) as demonstrated in the view loss diagram submitted with the application (attached). The pergola is approximately 390mm above the level of the courtyard of 10 Marine Parade. While this will not affect standing views from this area it will compromise seated views. The pergola structure is also considered to increase the bulk and scale of the development from the street and foreshore (as evident in the montage submitted with the application). These issues were raised with the applicant who removed 2 of the pergola uprights in favour of a planter box in response.

 

Above: The foreshore location of the site and surrounds affords expansive ocean views including views of Wedding Cake Island, the land/water interface and surrounding districts.

 

Notwithstanding that the properties on Marine Parade have expansive ocean views and the view loss from the pergola structure may be considered minor in the context of remaining views, it is considered that the pergola over the terrace of this dwelling is an ancillary structure that can be deleted to reduce view loss and achieve a reasonable sharing of views for surrounding properties. Condition 5 requires that the 7 northernmost uprights of the pergola structure be deleted. This will leave 5 pergola uprights to provide privacy screening to the stepped pool entry and street. This is acceptable as alternative pool access is provided from the lower ground level of the dwelling. The deletion of the screen structure will also minimise bulk and scale impacts to the street and foreshore.

 

Properties to the rear of the site (1 and 3 Inman Street) currently enjoy views across their side boundaries over the existing dwelling. Views across side boundaries are often difficult to maintain. The views from these properties are not iconic – they encompass the horizon and ocean and are interrupted by vegetation and existing development (see photo below). The dwellings in this part of Inman Street also enjoy northwesterly views of Lurline Bay and the district which will not be affected by the development at 14 Marine Parade. The proposal has been reduced in height to ensure maintenance of views from the first floor balconies of these properties. 3 Inman Street will gain a view corridor along the eastern side of the site as the proposal doesn’t extend as far as the existing roof in the east-west direction.

 

Above: Existing view from first floor of 3 Inman Street will be maintained by the development.

 

The extent of development at 3 Inman Street precludes northerly views over the subject site from properties further along Inman Street to the south (5-9 Inman Street).

 

Views from 1A Inman Street to the south west of the site are largely gained over 10 Marine Parade. The primary northerly view aspect from this property will be maintained by the development.

 

Properties in Undine Street have an oblique headland and ocean view over the subject site from the rear. While the top floor of the development will not substantially increase the height of the development above the ridge of the existing dwelling, the ridge is currently formed by a skillion roof profile and not an external wall. The proposal will increase the north-south extent of this part of the building, potentially affecting any northwestern aspect across the site from properties in Anzac Parade.

 

The top floor of the proposal is setback from the eastern boundary approximately 3.7 metres to minimise the view loss impact from this part of the building when viewed from properties in Undine Street. Views from the ground floor level of 10 Undine Street will not be affected by the development. From the first floor rear balcony of 10 Undine Street the development will not result in loss of views of Wedding Cake Island but will result in loss of a small portion of the land view of the western end of the Coogee headland. The lower levels of the development will result in loss of a small amount of water view, however a similar sized area will be regained by removal of part of the roof of the existing dwelling.

 

Above: Photograph of existing view from ground floor 10 Undine Street. Existing view will not affected by the development.

 

Above: Photograph of existing view from first floor 10 Undine Street. Development will not significantly interrupt existing view.

 

The property at 12 Undine Street has outlook across the side (northern) boundary over the rear yards of properties to the north. There are no first floor balconies or windows which have view aspect across the subject site. As indicated in the photos below, views are available from the southeastern corner of the rear yard to the northwest and directly north from the rear yard. The proposal will affect the view aspect from the southeastern corner of the rear yard. The development will remove outlook to part of the Coogee Bay headland and the water. However, the increased setback of the top floor from the eastern boundary will open up views of Coogee headland. The development will also result in loss of a small part of the existing water view from 14 Undine Street. These views are affected by the increased height of the parapet walls which will be approximately 850mm above those of the adjoining dwelling at 16 Marine Parade (near the gutter line of the top roof of the existing dwelling). Direct views from the majority of the rear yards of properties at 12 and 14 Undine Street will not be affected and in this context the view loss is considered reasonable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Small portion of ocean view from 14 Undine Street will be removed by the development.

 

The view impacts of the development, subject to compliance with conditions of consent, are considered to be satisfactory.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposal has generally minimised its impact on the outlook of surrounding properties and meets the reasonable criteria for ‘view sharing’. The height and form of the building are considered to be acceptable given the sloping topography and the extent of the existing dwelling on the site. The non-compliance of the proposal with the preferred solution for floor space ratio and height under the DCP will not result in substantial impact on the foreshore, streetscape or surrounding properties.

 

The proposed alterations and additions to the existing dwelling at 14 Marine Parade, Maroubra generally comply with the relevant assessment criteria and the objectives, performance requirements of the DCP for Dwellings and Attached Dual Occupancies. The proposal will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the locality. The proposal may be approved subject to compliance with 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 139/2005 for  alterations and construction of additional floor level to the existing dwelling, including new swimming pool and detached double garage at 14 Marine Parade, Maroubra subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans drawn by Renato D’Ettorre Architect numbered A-02 , dated 09/05/05 and stamped received by Council on 27/05/05 and plans numbered A-01, A-03 through to A-08, dated 09/05/05 and stamped received by Council on 29/06/05, the sample board titled “Palette Study: 14 Marine Parade, Lurline Bay” stamped received by Council on 7 July 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.       The sill height of the west facing ground floor window to the kitchen and living area are to be increased to be a minimum height of 1.7m above the respective floor levels, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above floor level. The north facing pane of the corner window to the kitchen may remain as shown on the plans.

 

          This condition is imposed to minimise the potential for overlooking of the adjoining property to the west. Details are to be included in the plans submitted with the Construction Certificate application.

 

3.       A minimum of 20% of the site area is to be provided as deep soil, soft landscaped area. The lower level terrace at the southeastern corner of the site is to be soft landscaped. The water feature may be deleted to achieve compliance with this requirement, alternatively soft landscaping is to be provided to the open court adjacent the dining room on this level. Planter boxes and roof terrace areas are not to be included in ‘deep soil’ calculations.

 

          This condition is imposed to maintain the landscape character of the area and meet the objectives of stormwater infiltration.

 

4.       The glazed balustrading to the western side of the Level 2 terrace is to be setback 4.6 metres from the western boundary where there is no planter box to restrict access to the edge of the terrace and reduce the trafficable area of this terrace. This condition is imposed to minimise overlooking of the private open space of 10 Marine Parade and details are to be included in the plans submitted with the Construction Certificate application.

 

5.       The 7 northernmost uprights of the pergola structure to the garage terrace are to be removed from the plans to preserve views to adjoining properties and minimise the impact of the development on the street. The 5 southernmost pergola uprights may be retained for screening to the dwelling. Details required by this condition are to be included in the drawings submitted with the Construction Certificate application.

 

6.       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.

 

7.       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.

 

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

 

9.       Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

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

 

12.     The enclosure of approved balconies, terrace areas or voids is prohibited by this consent. The further enclosure of approved areas resulting in increases to the floor space ratio is also prohibited.

 

13.     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.

 

14.     Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

15.     Solar hot water heaters or other structures are not permitted to be installed on the roof of the building unless the prior written approval of Council’s Director City Planning has been obtained beforehand.

 

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

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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.

 

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

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

i)        appoint a Principal Certifying Authority for the building work, and

 

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

                  

iii)      unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

iv)      give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

 

          In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

25.     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.

 

26.     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”.

 

27.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

          An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

28.     Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

 

          Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon and must also be provided to Council with the occupation certificate.

 

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 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.

 

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.

 

          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.

 

31.     Smoke alarms are required to be installed in each Class 1 building or dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions.

 

          Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

          The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

          Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the Building Code of Australia – Housing Provisions.

 

          Details of compliance with the provisions of the Building Code of Australia must be included in the plans / specification for the construction certificate.

 

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

 

32.     A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

The following conditions are applied to ensure 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.

 

34.     Any building/demolition works involving asbestos products are to be carried out in accordance with WorkCover New South Wales requirements, guidelines and codes of practice.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

39.     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.

 

40.     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.

 

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

 

b)      Prior to construction of Level 2, showing the land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

c)       On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks.

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.

 

48.     A warning sign for sediment control, 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.

 

49.     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.

 

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

 

50.     A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

·        Install or erect any site fencing, hoardings or site structures

·        Operate a crane or hoist goods or materials over a footpath or road

·        Placement of a waste skip (grater than 3m in length) or any container or other article.

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

51.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

          The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

          Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

          Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

          A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council.

 

52.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements:-

 

·        Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation.

·        All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises.

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

 

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

 

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

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

 

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

 

54.     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.

 

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

 

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

 

56.     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.

 

57.     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:

 

58.     Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the Director of City Planning, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued.

 

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

          Landscaped areas should 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.

 

59.     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.

 

60.     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.

 

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

 

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

 

62.     Council’s Bushland Management Unit have advised that the following species are deemed unsuitable given their invasive properties and the proximity of the site to the cliff faces of Lurline Bay which has been a site of bush regeneration over the past few years. As such, the following species shall be deleted from the proposed plan and are to be replaced with more suitable alternatives. Should the applicant require further information regarding this condition, they shall contact Council’s Bushland Management Unit on 9399-0683.

 

a)       Equisetiformis sp (Horsetail)

b)      Eragrostis elongata cv Elvera (Lavender Grass)

c)       Pennisetum alopecuroides ‘Puirple Lea’ (Swamp Foxtail)

 

63.     The proposed use of Vitex trifolia (Vitex) is not supported due to the poor appearance of this species upon maturity. As such, a more suitable, similar sized native tree shall be provided in its place in this area of the site.

 

64.     Approval is granted for the removal of the following tree subject to the planting of 1 x 25 litre broad canopied replacement tree (not a palm) within the front portion of the site. The species selected shall be one that will attain a minimum height of 4 metres at maturity.

 

a)       One Banksia integrifolia (Coastal Banksia) in the northeast corner of the site.

 

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

 

65.     The proposed concrete Headwall discharge located along the Lurline Bay Reserve, as shown on Drwg No 205006-Ho1 Rev A by Niven Donnelly & Partners shall be to the satisfaction of Council’s Director of City Services.

 

          Notes:     Further details showing exact location including extent of scour protection are to be shown on the plans submitted for the Construction Certificate and are to be to the satisfaction of Council’s Director of City Services.

 

          The applicant shall contact Council’s Assets Drainage Engineer (Paul Tatham) to ensure meeting Council’s requirements.

 

Advisings

 

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

 

ATTACHMENT/S:

 

1.       A4 Reductions

2.       Photomontage of development from Marine Parade

 

 

 

 

………………………………

………………………………

KERRY KYRIACOU

RACHEL AITKEN

ACTING DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 

 



Acting Director, City Planning Report

46/2005 

 

 

SUBJECT:

47-53 Dudley Street, Coogee

 

 

DATE:

28 June, 2005

FILE NO:

DA/68/2005

 

 

 

REPORT BY:            ACTING DIRECTOR, CITY PLANNING

 

 

INTRODUCTION:

 

Attached is Development Application Report No. 68/2005 for demolition of existing dwellings and construction of a new 3 storey multi unit housing development comprising 3 x 1, 9 x 2 and 1 x 3 bedroom dwellings and basement carparking for 19 cars.

 

 

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 28 June 2005.

 

 

 

 

 

………………………………

………………………………

KERRY KYRIACOU

RACHEL AITKEN

ACTING DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 

 

 

 

 

 

 

 

Development Application Report

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

28 June, 2005

FILE NO:

DA/68/2005

 

PROPOSAL:

 Demolition of existing dwellings and construction of a new 3 storey multi unit housing development comprising 3 x 1, 9 x 2 and 1 x 3  bedroom dwellings and basement carparking for 19 cars and strata subdivision into 13 lots

PROPERTY:

 47-53 Dudley Street, Coogee

WARD:

 East Ward

APPLICANT:

 Leystreet Pty Ltd

OWNER:

 Leystreet Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $2.5 million.

 

The applicant is seeking approval to demolish the existing buildings on the site, excavate and construct basement carparking for 19 cars, and a new 3 storey multi unit housing development on the site at 47-53 Dudley Street, Coogee.

 

A development application for a four storey multi unit housing on the site was previously refused by Council. The applicant has modified the proposal to improve compliance with Council’s development standards. Most notably the previously proposed fourth storey has been removed.

 

This report recommends that Council approve the application for the redevelopment of 47-53 Dudley Street, Coogee subject to deferred commencement conditions. The deferred commencement conditions relate to the driveway gradients and details relating to landscaping.

 

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 13 units over three storeys (3 x 1 bedroom, 9 x 2 bedroom and 1 x 3 bedroom units) with basement carparking for 19 cars, accessed from Dudley Street.

 

The building will be constructed around two circulation cores, dividing the development into eastern and western halves. Pedestrian entries are provided from Dudley Street to each of these halves. A pedestrian entry is also provided to the communal open space at the rear of the site from Asher Street.

 

The applicant proposes landscaping to the front, rear and sides of the site to create communal and private areas of open space. Strata subdivision of the resulting development into 13 lots is included in the application.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

 

Figure 1: Subject site and surrounds

 

The proposal relates to a regular shaped corner site with frontages to Asher Street and Dudley Street in Coogee. The site has a total site area of 1,231.5m2 and consists of four properties as follows:-

 

·        No. 47 Dudley Street identified as Lot 3 in DP 165538 and Lot 1 in DP 1070296;

·        No. 49 Dudley Street identified as Lot 1 in DP 620973;

·        No. 51 Dudley Street identified as Lot 2 in DP 620973;

·        No. 53 Dudley Street (also known as 14 Asher Street) and identified as Part Lots 12 and 13, Section 3, Volume 10497 in Folio 184.

 

Existing on the site are four (4) dwellings, with 49 and 51 Dudley Street being a pair of semi-detached dwelling houses (refer Figures 1, 2, 3 and 4).

 

 

 

 

 

 

Figure 2: 45 and 47 Dudley Street (left to right)

 

 

 

 

 

Figure 3: 49, 51 and 53 Dudley Street (left to right)

 

 

 

 

 

Figure 4: 53 Dudley Street on the north-west corner with Asher Street

 

The subject site is bounded by Dudley Street on its south with a frontage of 36.5m, Asher Street on its east with a frontage of 33.635m. The northern (rear) and western side boundaries measure 24.315m and 31.765m, respectively. The site has a common boundary, to the north, with No. 16 Asher Street (alternately known as 12 Asher Street) containing a single storey doctor’s surgery (refer Figure 5) and to its west, with No. 45 Dudley Street, containing a two storey duplex. The site falls from the west to the east approximately 2 metres, with low points on its eastern boundary with Asher Street to its south-east corner with Dudley Street.

 

 

 

 

 

 

Figure 5: 16 Asher Street adjoining the site to the north on the south-west corner of Asher Street and Havelock Avenue

 

 

 

 

 

Figure 6: 55 Dudley Street opposite on the north-east corner of Dudley and Asher Streets

 

Located to the east opposite on the north-east corner of Dudley and Asher Street (55 Dudley Street) is a single storey dwelling house (refer Figure 6).  On the opposite (southern) side of Dudley Street are a variety of dwelling types: single storey detached dwelling houses, two storey older style residential flat buildings and recent three storey multi-unit housing developments above raised basement carparks

 

 

 

 

 

 

Figure 7: 90 Dudley Street opposite to the south

 

 

 

 

 

Figure 8: 86 Dudley Street opposite to the south

 

 

 

 

 

Figure 9: 84 and 82 Dudley Street opposite to the south and south-east

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The site was subject of a previous development application to demolish the existing improvements on the site and construct a multi-uni housing development containing nineteen (19) dwellings and basement parking for 30 cars. The application was refused at the Council meeting held on 23 November 2004. The reasons for refusal were:

 

1.       The proposed development does not achieve the objectives of the 2C Residential Zone in that the proposed building form, height and scale will compromise the amenity of the surrounding residential areas.

 

2.       The proposal fails to comply with the floor space ratio requirements of Clause 32 1) of the Randwick Local Environmental Plan 1998.  The excess floor area results in building bulk and scale, visually excessive and out of context with nearby development and the streetscape in which it is located and accordingly the objection pursuant to State Environmental Planning Policy No 1 is not well founded.

 

3.       The proposal fails to comply with the building height requirements of Clause 33 2) and 4) of the Randwick Local Environmental Plan 1998.  The increased height and built form is visually excessive and aesthetically out of context with the immediate locality and streetscape and accordingly the objection pursuant to State Environmental Planning Policy No 1 is not well founded.

 

4.       The proposal is inconsistent with the design quality principles of State Environmental Planning Policy No. 65 in particular Principle 1: Context, Principle 2: Scale, Principle 3: Built Form, Principle 4: Density and Principle 10: Aesthetics.  The development’s density, bulk, form and scale do not appropriately respond to and is out of scale with its context.

 

The current application was lodged on 4 February 2005. This application differs from the previous application in that the site has been reduced in size by one allotment (45 Dudley Street) resulting in loss of access to the site from Havelock Avenue.

The application has been subject to several amendments to address comment from Council’s Design Review Panel and Council officers having regard to the design of the proposal including the landscape treatment, driveway layout and composition of the elevations. The latest amendments were received on 30 June 2005 and are the subject of this assessment.

 

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.       Letter signed by the following:

 

J Becker, 80 Dudley Street, Coogee

H Grahame, 80 Dudley Street, Coogee

M Richards, 88 Dudley Street, Coogee

J Shaw, 3/78A Dudley Street, Coogee

J & J Henry, 1/82 Dudley Street, Coogee

M Wilson, 3/137 Brook Street, Coogee

M Little, 2/137 Brook Street, Coogee

K Dziecielska, 5/137 Brook Street, Coogee

K Brann, 4/82 Dudley Street, Coogee

C Eliades, 16 Asher Street, Coogee

 

§  Acknowledge efforts by the developer to comply with height, however development is over 4 blocks not 5 but is too bulky and out of context with the current mixed streetscape. FSR does not comply with regulations

 

§  Further time required to respond adequately to detailed documents submitted with the DA

 

2.       K & M Little, 2/137 Brook Street, Coogee

 

§  Bulk is detrimental to amenity of surrounding properties

§  Proposal will ruin village atmosphere of the area

 

Comment: Amenity impacts of the proposal have been discussed in Section 9 of this report. Assessment of impact on the character of the area has been discussed under Section 9.3 of this report.

 

3.       M Wilson, 3/137 Brook Street, Coogee

 

§  Grateful height has been reduced to remove concerns regarding view loss

§  However, still concerned regarding the bulk of the proposal as it doesn’t fit in with the village style of Coogee Bay

 

Comment:   Assessment of impact on the character of the area has been discussed under Section 9.3 of this report.

 

4.       J Shaw, 3/78A Dudley Street, Coogee

 

§  Building is an improvement on previous design

§  However, doesn’t comply with the intention of the SEPP, namely to be a long-term asset of the neighbourhood.

 

Comment: Relevant SEPPs have been discussed in detail in Section 8 of this report.

 

§  Character of the area is mixed and unfortunate buildings of the ‘60s and ‘70s shouldn’t be used as a guideline

 

Comment:   Assessment of impact on the character of the area has been discussed under Section 9.3 of this report.

 

§  Front setback is insufficient doesn’t agree with applicant’s calculation/ arguments regarding the front setback. Little room left for landscaping due to proximity to the street.

 

Comment:   Setbacks have been discussed under Section 9.4 of this report.

 

§  FSR will add to the increasingly crowded nature of Coogee

 

Comment: FSR has been discussed under Section 9.2 of this report.

 

§  Building mass and colour – should be pale and consistent with beach side setting.

 

Comment: The proposed colours and materials are to be revised as per Deferred Commencement Condition 5 to ensure they are compatible with the surrounding area.

 

§  Driveway location was previously said to be unworkable as an exit.

 

Comment:   The driveway location is adequate subject to compliance with deferred commencement condition 1. The driveway location is as a result of flooding issues on the site and the removal of 45 Dudley Street from the site which removed access to the site from Havelock Avenue/

 

5.       J Henry, 1/82 Dudley Street, Coogee

 

§  Doesn’t conform with other new buildings, namely 82 and 84 Dudley Street which are opposite the subject site.

 

Comment:   Assessment of impact on the character of the area has been discussed under Section 9.3 of this report.

 

§  Car parking impacts

 

Comment: The proposal complies with the DCP – Parking.

 

§  Size of rooms does not comply with Council’s specification

 

Comment: There is no Council specification for sizes of rooms. The Residential Flat Design Code includes some requirements. The Design Review Panel has reviewed the proposal and is satisfied the size of rooms is adequate.

 

§  Front should be setback more to provide more space for landscaping

 

Comment:   Setbacks have been discussed under Section 9.4 of this report.

 

6.       J Henry on behalf of Proprietors of SP 57153, 82 Dudley Street, Coogee

 

§  Doesn’t conform with other new buildings, namely 82 and 84 Dudley Street which are opposite the subject site.

§  Car parking impacts

§  Size of rooms does not comply with Council’s specification

§  Front should be setback more to provide more space for landscaping

 

Comment: Refer to discussion above.

 

A proforma letter was received on 9 March, 2005 (the closing date for submissions) from the following advising that the proposal was discussed at a meeting of local residents and that the proposal is too large and will have a major impact on the street. The letters also advised that further submissions relating to specific objections would be lodged with Council after a review of a full copy of the development application submission:

 

7.       L Hammond, 94 Dudley Street, Coogee

8.       E McKenzie, 96 Dudley Street, Coogee

9.       G & F Evans, 4 Asher Street, Coogee

10.     B Johnston, 7 Asher Street, Coogee

11.     A Bernesconi, 1/69 Dudley Street, Coogee

12.     J Toma, 1/69 Dudley Street, Coogee

13.     P & M Sweeney, 27/10 Alexander Street, Coogee

14.     J Rowse, 18/10 Alexander Street, Coogee

15.     J White, 92 Dudley Street, Coogee

16.     R Mac, 55 Dudley Street, Coogee

17.     S & L Carroll, 3 Asher Street, Coogee

18.     C & K Vasilis, 1 Asher Street, Coogee

19.     S McLeish, Massage by the Sea, 1 Havelock Avenue, Coogee

20.     M Richards, 88 Dudley Street, Coogee

21.     V Weekes, 3 Havelock Avenue, Coogee

 

No formal extension of the notification period was requested or granted. The Development Application material was available for the full period of the notification, which was the standard 14 day allowance. Notwithstanding the request, the following letters were received on the final day of notification:

 

 

22.     Letter signed by the following:

 

J Becker, 80 Dudley Street, Coogee

H Grahame, 80 Dudley Street, Coogee

M Richards, 88 Dudley Street, Coogee

C Eliades, 16 Asher Street, Coogee

J Shaw, 3/78A Dudley Street, Coogee

K Brann, 4/82 Dudley Street, Coogee

J & J Henry, 1/82 Dudley Street, Coogee

M Little, 2/137 Brook Street, Coogee

K Dziecielska, 5/137 Brook Street, Coogee

K Brann, 4/82 Dudley Street, Coogee

M Wilson, 3/137 Brook Street, Coogee

 

§  Excessive size, bulk and scale. No other buildings in the street occupy more than one lot or street frontage. Scale is out of proportion with existing dwellings

 

Comment:   The development complies with Council’s Multi Unit Housing DCP requirements for consolidation of lots.

 

§  Proposed FSR of 1.05:1 is non-compliant with Council’s requirements by 15%

 

Comment: FSR has been discussed under Section 9.2 of this report.

 

§  Side setbacks to the east are non-compliant

§  Non-compliance with front setbacks – applicant’s calculation is flawed and doesn’t represent how the development will appear from the street. Shops at 57,59 and 63A should not be used to determine appropriate setback as these have a nil setback to the street.

 

Comment:   Setbacks have been discussed under Section 9.4 of this report.

 

§  Loss of coastal and district views. Total from 1/82 and 3/82 Dudley Street and 80 Dudley Street who will lose most of the coastal views. District views of rooftops will be replaced with brick wall from 3/78a, 80, 1/82, 3/82 and 4/82 Dudley Street. Doesn’t comply with view sharing under the DCP

 

Comment:   View loss as a result of the proposal has been discussed in detail in Section 9.8 of this report. Appendix A contains photomontages which illustrate the impacts. The impact of the development is considered reasonable due to the compliance of the proposal with the height standard which has minimised its impact.

 

§  Parking – non-compliance as stacked parking is proposed. Insufficient parking for number of dwellings

 

Comment: The proposal complies with the DCP – Parking. Stacked spaces are to be allocated to the larger units with one unit utilising the stacked spaces to reduce traffic conflicts (refer to Condition 2).

 

§  SEPP 1 is not well founded and building is not appropriate in the circumstances.

§  Argument regarding strong forms and that a lower building would impact the street are unfounded.

 

Comment: SEPP 1 has been discussed in Section 9.2 of this report.

 

§  Incompatibility with desired future character, quality and identity of the area.

 

Comment:   Assessment of impact on the character of the area has been discussed under Section 9.3 of this report.

 

23.     J Bridgman, 3 Logan Court Mt Ommancy, QLD 4074 (owner 45 Dudley Street, Coogee)

 

§  Too large and too high for the suburb, size of the land and surrounding buildings

 

Comment:   Assessment of impact on the character of the area has been discussed under Section 9.3 of this report.

 

§  Structure will restrict light and air circulation around the building

 

Comment:   Amenity impacts of the proposal have been discussed in Section 9 of this report.

 

§  Obstruction of views due to extension of proposal past the front and rear alignment of 45 Dudley Street

 

Comment:   View loss as a result of the proposal has been discussed in detail in Section 9.8 of this report.

 

§  Construction damage from excavation

 

Comment:   Appropriate conditions, including requirement for a dilapidation report have been included in the recommendation section of this report (see Conditions 49-54)

 

§  Noise from air conditioning units

 

Comment:   No air conditioning has been included in the application. Condition 6 reinforces that an additional application must be made prior to installing air conditioning. Conditions 33-35 will ensure noise impacts from the development do not exceed reasonable levels.

 

§  Carparking is already an issue and development will exacerbate current problems

 

Comment: The proposal complies with the DCP – Parking.

 

§  If the proposal were approved then the landscaping (which I have been led to believe is compliant with the standard) should include landscaping to the western side of the site to make the view from my property less objectionable.

Comment: Adequate landscaping is provided to the western side of the development.

 

24.     Paul Pearce MP, Member for Coogee, Suite 113 Newland Street, Bondi Junction

 

§  Building does not relate to the existing subdivision pattern in the area

§  Due to the consolidation of several sites, building appears bulky within the streetscape and when compared with adjoining developments.

§  Proposal is unsympathetic to surrounding built environment and presents a lessening of the streetscape in the neighbourhood

 

Comment: The locality is undergoing change in accordance with the 2C zoning. Council encourages amalgamation of sites and the proposal complies with the minimum lot size and frontage requirements of the Multi Unit Housing DCP. The elevations are well articulated to reduce their impact in terms of visual bulk and scale.

 

§  Failure to comply with the DCP requirements for FSR and setbacks

§  Impacts from cumulative non-compliance results in unacceptable impacts on surrounding properties

 

Comment:   Compliance and amenity impacts are discussed in Sections 8.1 and 9 of this report.

 

§  Proposal is inconsistent with view sharing principles and objectives of Council and the Land and Environment Court

 

Comment:   Proposal is consistent with both the principles of Council and the planning principle provided by the Land and Environment Court. The view loss is considered reasonable as the proposal complies with Council’s standard for height and further reductions would not necessarily increase view aspects to properties. Some view loss is considered inevitable given the increased density allowed by the zone, the topography and orientation of sites.

 

§  Application should be rejected

 

§  Should approval be contemplated then the SEPP 1 should be rejected, amended plans complying with the DCP provisions should be submitted and the design should be amended to address the view sharing objectives of the DCP.

 

Comment:   Compliance with the DCP is discussed in Section 9 of this report. The SEPP 1 objection has been addressed in Section 9.2 of this report.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

 

 

6.1     Manager, Environmental Health and Building

 

The Manager, Environmental Health and Building provided the following comment in response to the application:

 

Building Comment:

 

The Proposal

 

The proposal provides for the demolition of the existing 4 dwellings on 4 sites and construction of a new 3 storey Multi Unit Housing residential development with basement car parking. It is also proposed to strata subdivide the completed premises.

 

BCA Building Classification

 

Class -        2       (Residential Units)

Class -        7a     (Carpark)

 

Background

 

The existing buildings on site are post war brick cottages bounded by buildings of a similar nature.

 

Key Issues

 

Noise:

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

 

Site Management:

Standard conditions are proposed to be included in the consent to address construction site management issues, such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing.

 

Building Code of Australia (BCA):

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

 

Access for people with a disability:

Although access and facilities for people with disabilities is not required under the Building Code of Australia, wherever practicable the entrance to a multi unit housing development should aim to facilitate some degree of accessibility to the building. In this regard 2 lifts are proposed in the building that are accessible from the carpark.

Unfortunately, the design includes steps leading to the main entry doors.

 

Conclusion:

 

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

 

Environmental Health Comment:

 

The proposal

 

The proposal consists of an application for the demolition of four existing dwellings and construction of a three storey multi-unit residential development. The proposed development will consist of 13 dwellings and will have basement car parking facilities for 19 cars with a wash bay for vehicles.

 

RECOMMENDATION

 

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

 

Conditions suggested by the Manager, Environmental Health and Building have been included in the Recommendation section of this report (see Conditions 33-76).

 

6.2     Director, City Services

 

The Director, City Services has provided the following comment with regard to the application:

 

An application has been received for the construction of a three storey residential flat building at the above site containing 13 units with associated strata subdivision, and basement carparking for 19 vehicles.

 

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

§  Basement Plan (LEY-01) (Rev C) dated 22/05/2005

§  Ground Floor and Site Plan (LEY-02) (Rev C) dated 22/05/2005

§  ‘Flood Assessment Verification Report (Revision A)’ prepared by AKY Consulting, dated December 2004 (read in conjunction with the previous flood study report prepared by AKY Consulting, dated April 2004)

§  ‘An Assessment of Potential Traffic and Parking Impacts’ by TEF consulting dated 16 December 2004.

 

Landscape Comments

There are three (3) Eucalyptus botryioides (Bangalay’s) on Council’s Dudley Street nature strip, all of approximately 3-4 metres in height. They appear in reasonable condition, are covered by Council’s Tree Preservation Order and will make a positive contribution to the streetscape upon maturity, and as such, all three trees are to be retained as part of this application.

The plans show the proposed driveway being constructed between the two most eastern trees, at a distance of approximately 1.2 metres from the trunk of the middle tree, identified as tree T8 on the landscape plan. Although excavation/construction will be in close proximity to the trunk of this tree, protection measures should be able to mitigate any negative impacts as it is a relatively juvenile specimen and is unlikely to have a wide spread and developed root system.

 

There is a clump of three (3) Archontophoenix cunninghamiana (Bangalow Palms) of approximately 4 metres in height, along the northern boundary, adjacent to the existing Surgery. They appear in reasonable condition and are covered by Council’s Tree Preservation Order. Although not deemed overly significant, it would be worthwhile incorporating them into the new landscape scheme as existing features for this area of the site. As such, protection measures will be necessary, including maintaining the existing soil levels around the base of these palms as has been shown on the plans.

 

There is one Archontophoenix cunninghamiana (Bangalow Palm) of approximately 4 metres in height, along the southern boundary (Dudley Street frontage). It appears in reasonable condition and is covered by Council’s Tree Preservation Order. This palm is not deemed significant, and as such, approval would be granted for its removal subject to landscape treatment being provided along this frontage.

 

The applicant is advised that Council’s Landscape Technician does not support the use of Ficus benjamina (Weeping Fig) in any form due to its aggressive and invasive root system. As such, it shall be deleted from the plant schedule and shall be replaced by a more suitable alternative.

 

Flooding Comments

 

The subject development site is located near a localised low point in Dudley Street and may be subject to flooding from water pooling in the low point during major storm events. The site may also experience some flooding from overland flows down Dudley Street.

The applicant has submitted a ‘Flood Assessment Verification Report (Revision A)’ prepared by AKY Consulting, dated December 2004 which should be read in conjunction with the previous flood study report prepared by AKY Consulting, dated April 2004. These studies determine the 1 in 100 year flood levels for the site to be as follows:

·      Depth of ponded water in the Dudley Street sag and Asher Street - at RL 28.60 (AHD); and

 

·      Depth of overland flows in Dudley Street – 150 mm higher than the corresponding top of kerb level.

 

The submitted plans show the finished floor level of all ground floor units being at RL 30.25m (AHD). The minimum freeboard to the Dudley Street overflow path is generally greater than 300mm except at unit 1 where the minimum freeboard requirement has been achieved by providing a 600mm high solid boundary fence along the site frontage and contouring the ground behind the fence to fall away from the building with a clear flow path out to Dudley Street. The levels between the new front fence and unit 1 shall be at least 300mm lower than the FFL (i.e. no higher than RL 29.95 m (AHD)).

 

The freeboard to the ponded water in the Dudley Street sag is 1650mm.

 

The applicant’s hydraulic consultant has reviewed the proposed development plans and confirms that:

 

·      The development is unlikely to exacerbate the existing floodwater levels for all storms up to and including the 100 year ARI design storm; and

·      The development is adequately protected from overland flows along Dudley Street and the sag drainage at Dudley Street.

 

Drainage Comments

 

Under the current stormwater code, on-site stormwater detention (OSD) is not required for this development. However, due to localised flooding problems adjacent to the site, it has been determined that the new stormwater code (currently being prepared) will require the site to provide on-site detention.

 

Whilst the revised code has not yet been finalised / adopted by Council, the Development Engineer considers that the proposed development should still be conditioned to provide OSD given prevailing problems associated with flooding in the area.

 

Appropriate conditions have been included in this memo relating to the provision of on site stormwater detention on the subject site.

 

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

 

Comment: Recommended conditions have been included and the submitted drainage plans have not been included in Condition 1 of the Recommendation.

 

Traffic / Civil Works Comments

 

The Planning Officer should ensure the proposed parking provisions are adequate.

 

Should stacked spaces be approved, the planner should ensure that an appropriate condition is included in the approval requiring each pair of stacked spaces to be allocated to a single unit.

 

Comment: Condition 2 addresses this issue.

 

All new walls (and/or landscaping) 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.

 

The driveway opening at the Dudley Street frontage must be a minimum 5.50 metres wide. The amended ground flood plan demonstrates compliance with this requirement.

 

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

 

Ramp to basement carpark

The applicant has submitted ‘An Assessment of the possible parking and traffic impacts’ for the proposed development dated 16 December 2004, by TEF Consulting. It is noted that in this report, the applicant’s consultant recommended that a convex mirror be installed on the wall at the bottom of the ramp to the basement carpark, to improve driver visibility. This has been conditioned in the AIS report.

 

Further, the applicant’s consultant has noted that the height clearance above the ramp to the basement carpark is at a minimum 2.064 metres, and has recommended that a “Low Clearance 2.00 metre” sign be installed on the beam above the ramp. It is noted that this clearance is less than the minimum clearance of 2.2 metres specified in AS 2890.1 (2004) (Section 5.3). Should the planning officer determine that the low clearance is acceptable; the following condition should be included in the approval:

 

The applicant shall install a “Low Clearance 2.00 metre” sign on the beam above the ramp into the basement carpark, to warn entering vehicles of the restricted height clearance.

 

Comment: This has been included as Condition 32.

 

Ramp Grades

The change in grade along the eastern edge of the driveway (at the top of the ramp) appears to be about 15% and concerns are raised regarding the potential for vehicles to scrape if suitable transitions are not provided. It is noted that the applicant has submitted a drawing titled ‘Driveway long sections’ by CSA Architects dated January 21st 2005. This drawing shows the grades along the centerline and extremities of the carpark ramp, however, the scale of the A3 drawing is not adequate to determine whether scraping will be an issue.

 

It is recommended that the planning officer include the following condition in any development approvals issued to ensure that suitable grades and transitions are provided along the driveway ramp. 

 

Prior to the issuing of a construction certificate, the applicant shall submit for approval and have approved by the principal certifying authority, longitudinal sections along centre line and extremities of the driveway (at a scale of 1:20) demonstrating:

 

§  Compliance with the issued alignment level (i.e. to 150mm above the top of the existing kerb) at the property boundary;

§  Compliance with the required highpoint (i.e. to a minimum RL of 29.59 (AHD)) within the site; and

§  Satisfactory ramp grades (including transitions) in accordance with AS 2890.1 (2004).

 

Comment: This has been included as Deferred Commencement Condition 1.

 

Splay corners

The applicant shall dedicate a 3m x 3m splay corner at the southeastern corner of the development site (intersection of Dudley Street & Asher Street). The applicant shall meet all costs associated with the dedication. It is noted that no portion of the development (including basement structures and/or eaves overhang) shall encroach into the splay corner. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

Traffic Impacts

The average traffic generation for the proposed residential development consisting of 13 residential units will be in the range of 52 to 65 vehicle movements per day, with a peak flow volume of approximately 7 vehicles per hour.

The submitted ‘Assessment of the possible parking and traffic impacts’ (by TEF Consulting) concludes that ‘the traffic generated by the proposed development should have a negligible effect on the traffic operations in both Dudley Street and Havelock Avenue’.

 

Should the application be approved the following conditions shall apply:

 

Conditions suggested by the Director, City Services have been included in the Recommendation section of this report (see Conditions 77-139). Additional conditions have been included as per the recommendations above.

 

6.3     Design Review Panel

 

The Design Review Panel reviewed the application in April 2005 and again in June 2005. The June 2005 Panel comments are reproduced below:

 

1.       Relationship to the Context of the Proposal

 

The height of the proposal is satisfactory. The previous report from The Panel suggested a change in level or breaking of the building to acknowledge the natural slope. However, the report acknowledged that the contextual relationships were satisfactory in any case. The subsequent report from SPD dated 11/05/05 notes that issues in regard to the position of the entry to the car park being the result of the nexus between flood levels and reasonable grades within the car park itself, is accepted by the Panel.

 

The difficulties in regard to perceived view loss are also acknowledged given the experience of the refused previous DA.

 

2.       The Scale of the Proposal

 

Except as noted above, the bulk of the proposed building is in scale with its context.

 

3.       The Built Form of the Proposal

 

It was suggested by the applicant that the internal access to the communal garden be removed.  This may assist in improving the form and appearance of the centre of the project from Dudley Street. The elevation directly above the driveway could still be improved. It is possibly better to downplay the driveway and elevation above as much as possible and allow the two pedestrian entrances to be the focus.

 

Comment: These changes have been made. The elevation above the driveway has been improved to relate better to the remainder of the elevation and appear as habitable areas. Gate structures are now proposed to highlight the pedestrian entries to the development from Dudley Street .

 

4.       The Proposed Density

 

The Panel notes that the floor area of the development is over the allowable FSR.

 

5.       Resource and Energy Use and Water Efficiency

 

The number of internal spaces that would require artificial lighting throughout the day should be reduced.

 

Comment: The amended plans have maximised access to natural daylighting for the proposal.

 

6.       The Proposed Landscape

 

The north facing garden should be better landscaped and integrated into the scheme with each unit addressing this space having a gate and steps for people returning from the beach (currently there is nothing shown). This space could then connect with the communal open space in a seamless way. The level of the communal open space should be as close to natural ground level as possible. This may mean reducing the ceiling height over the bonnets of the cars below or generally excavating a little deeper if flood levels permit.

 

Comment: The amended plans show entries to each ground floor unit from the ground floor communal open space. The high walls between the communal open space and private open space limits the relationship between these two areas and deferred commencement condition 2 requires that the planter boxes be lowered in level to provide a less bulky wall to the southern edge of the communal open space in accordance with the Design Review Panel’s advice.

 

7.       The Amenity of the Proposal for its Users

 

Natural light to a number of the centrally located bedrooms (unit 2) is poor.

FSR may be compounding amenity issue. The removal of the internal access to the communal open area will help this problem. It is suggested that there be direct  access from the car park to the communal open space.  The circulation area for this access should have a higher level of finish and lighting to raise amenity.

 

The lift lobby within the car park should be more generous as most residents entering will likely enter through this space given the number of car parks available.

 

Comment: Overhangs to Unit 2 have been reduced in the amended plans to maximise natural light to this area in accordance with the Panel’s comments. Details of the finishes for the car park lobby have not been provided. These are to be provided prior to the operation of the consent (see Deferred Commencement Condition 3).

 

8.       The Safety and Security Characteristics of the Proposal

 

Satisfactory

 

9.       Social issues

 

Satisfactory

 

 

10.     The Aesthetics of the Proposal

 

Satisfactory

 

SUMMARY AND RECOMMENDATIONS

 

The Panel considers that the first scheme for this site was superior in most aspects but particularly in its planning, amenity and aesthetics.

The Panel does not need to see this application again should the matters raised be satisfactorily addressed with the assessing officer.

 

Amended plans were lodged with Council on 30 June 2005 to address the issues raised by the Panel as discussed above. The development is considered satisfactory with regard to SEPP 65.

 

7.       MASTER PLANNING REQUIREMENTS

 

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

 

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

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

·        Draft SEPP 1 (Application of Development Standards)

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

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

·        DCP - Parking

·        Section 94 Contributions Plan

·        Rainwater Tanks Policy

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned 2C 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 (2)– Landscape Area

50% of site area

(615.75m2)

57%

(707.8m2)

Yes

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

Not to exceed 50% of landscaped area requirement

(25% of site area)

(307.87m2)

24%

(292.2m2)

Yes

32 (1) – FSR

0.9:1

(1,108.35m2)

1.12:1

(1,385.8m2)

No1

33 (1)– Building Height

12m

10.7m (lift overrun)

Yes

33 (3)- External Wall Height

10m

10m

Yes

Other Clauses

Effect

Applies

Comment

21

Subdivision

Yes

Strata plans submitted to Council for assessment.

29

Foreshore Scenic Protection Area

No

N/A

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

St Brigid’s Church 135 Brook Street is 50m north of site.

Not in direct visual catchment. Not Applicable

 

 

Clause 21 – Subdivision

 

The draft strata plans provided reflect the plans for approval and as there are no minimum lot requirements for subdivision of multi unit housing in the 2(c) zone, the LEP requirements have been satisfied.

 

The draft strata plans have been included in the recommended plans for approval and appropriate conditions have been recommended (see Conditions 126-129).

 

(b)     State Environmental Planning Policy No. 1

 

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

The objection submitted with respect to this non-compliance has been considered under Section 9 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 standards. The scale of development 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 Section 9.2 of this report.

 

(d)      SEPP 55 - Remediation of Land

 

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

 

(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 June 2005 meeting, the Panel were satisfied that the proposal generally met the standards of SEPP 65 and were confident that the building designer could resolve the outstanding issues in conjunction with the assessing officer. Comments made by the Panel are reproduced in section 6.3. Comments are also included in this section as to how the development achieves the requirements of SEPP 65 and accompanying Residential Flat Design Code. The proposal is considered satisfactory with regard to 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

P3  Development on corner sites responds to both street frontages.

 

Complies

Height

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

 

Complies

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

 

Complies

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Dudley Street

Complies – setbacks are irregular in the street

Average 5.0m (ground)

Average 3.3m (upper)

Existing setback 3-5m

Minimum proposed setback 2.4m

Asher Street

Complies Setback 2m, adjoining building at 16 Asher Street is setback 900mm from the street alignment.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 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

Does not comply

Ground Level 4.47m

Upper Floors 4.4m

Complies Minimum 3.9m

 

Complies Maximum 9.7m

 

Complies Minimum 7.5m

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.

Northern Side

Complies 8.33m

 

Complies Minimum 6.5m

Complies Maximum 9.9m

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.

 

Complies

Fences

P1  Fences to be/have: 

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

Complies

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 2.5m minimum

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

 

Does not comply. Area to the rear provided as communal open space. Area to the front and side of ground floor units provided to units to improve entry and relationship to the street.

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.

 

N/A Private open space located to the rear.

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.

Generally Complies. Conditions imposed where compliance could be improved see discussion under section 9.7.

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

View Sharing

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

 

Complies

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

 

Complies. Montages are included as Attachment B

P3  Buildings are aligned to maximise view corridors between buildings.

 

Complies, minimal view corridors due to orientation of the site.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Complies

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

 

Complies

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

 

Complies

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

 

Complies

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Complies

 

Complies

P5  Buildings have roofs with pitch suitable for solar collectors.

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

Does not comply. Flat roof proposed to preserve outlook and views.

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.

 

Not Indicated. Conditioned to comply (see Condition 4)

P5  Visitor parking spaces clearly identifiable.

 

Not Indicated. Conditioned to comply (see Condition 3)

P6  Adequate lighting for personal safety and security provided.

 

Not Indicated. Conditioned to comply (see Condition 21)

P7  Adequate lighting is provided in common areas.

 

Not Indicated. Conditioned to comply (see Condition 21)

P8  External lighting does create a nuisance.

 

Condition imposed (see Condition 22)

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

 

3 spaces

 

11 spaces

 

2 spaces

3 spaces

Complies. Refer to discussion under DCP - Parking

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.

 

Not Applicable

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.

Not Applicable

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.

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.

Does not comply. 1:5.4 Adequate transition grades not indicated (see deferred commencement condition 1), complies with Australian Standards.

Storage

P1  Accessible and separate storage for each dwelling.

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

Complies.

Barrier-Free Access

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

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

Western entry complies.

Eastern entry is not accessible.

Condition imposed to ensure compliance with BCA.

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not Applicable. Less than 14 dwellings proposed.

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

 

Not Applicable.

P4  Passenger lifts provide access for people with a disability to common and parking areas.

 

Complies.

Utilities/Site Facilities

P1  Mailboxes provided in accordance with Australia Post.

 

Complies.

P2  Provisions for a single common TV and radio reception device.

 

Conditioned to comply.

P3-P6 Utilities in accordance with the requirements of providers

 

Conditioned to comply.

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

 

Complies.

Waste Minimisation and Management

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

 

Complies.

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

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

Complies.

 

b.         DCP - Parking

 

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 (9 x 1.2 = 11 spaces)

 

1.0 spaces required for each one bedroom dwelling (3 x 1.0 = 3 spaces)

 

1space/4 dwgs or part thereof for visitors (3 spaces required)

 

19 spaces

 

1 per accessible unit required (0 spaces)

 

 

As per DCP.

 

 

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

(5 bike spaces)

 

 

 

 

2 spaces

 

 

 

 

11 spaces

 

 

 

 

3 spaces

 

 

 

 

3 spaces

 

19 spaces

 

0 spaces

 

 

 

Adequate turning areas provided.

 

8 spaces

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

Yes

 

N/A

 

 

 

Yes

 

 

Yes

 

As indicated above, the proposal complies with the number of resident, visitor and bicycle spaces required for a development of this size. Condition 2 requires that the stacked spaces in the basement are allocated to the 2 and 3 bedroom units to ensure these spaces can be utilised effectively. 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 9 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 $22,464.25. This amount must be paid prior to the issuing of any Construction Certificate (see Condition 31).

 

b)      Rainwater Tanks Policy, 2003

 

A condition confirming the installation of a rainwater tank shown on the plans in accordance with Council’s Rainwater Tanks Policy has been included in the recommendation section of this report (Condition 30).

 

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 9.0 and 10.7 metres resulting in compliance with the statutory standard of 12 metres. The maximum external wall height of the development is 9-10 metres and also complies with the standard of 10 metres.

 

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

 

The proposed development complies with the statutory height standards for both wall height and overall height. Compliance with these standards has minimised impact on the amenity of surrounding properties (as discussed throughout this report) and bulk and scale impacts from the street (which was a primary reason for refusal of the previous scheme for the site).

 

The height of the proposal is satisfactory.

 

9.2     Density

 

The FSR of the proposal is 1.12:1 (1,385.8m2) and exceeds that permissible under clause 32(1) of the RLEP 98 for a development on the site, being 0.9:1 (1,108.35m2) by 277.45m2. The FSR of the above ground portion of the building is 1.05:1 (1,299.3 m2), a non-compliance of 191m2. 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:

 

·        is not inconsistent with other development in the locality in terms of height, bulk and scale, particularly in relation to the scale and bulk of other residential flat buildings in the area including the residential flat buildings further to the west of the site at 43A Dudley Street and 135A Brook Street Coogee;

·        provides private open space in the form of balconies and terraces;

·        contributes positively to appearance and character of the area;

·        will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy, overshadowing or visual impact;

·        will not detrimentally impact on the amenity of the existing residential development of the area;

·        provides high quality residential accommodation; and

·        presents a contemporary built form which is appropriate in the context and will make a positive contribution to the Dudley Street streetscape.

 

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 indicating the proposal is not an overdevelopment of the site.

 

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 nine 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 height, 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, recently constructed 3 storey multi unit housing developments and 1-2 storey freestanding and semi-detached dwelling houses. The development is of a scale that is the same as nearby residential flat buildings, and although the development is larger than the adjoining duplex, 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 development amalgamates 4 sites within Dudley Street and meets the preferred solutions for site width and area under the Multi Unit Housing DCP. As a result of the development, adjoining sites at 45 and 43 Dudley Street would still be capable of redevelopment. This is a benefit compared to the previous scheme which would have isolated 43 Dudley Street and amalgamated 5 sites, creating a very large building in the street.

 

The development is satisfactory with regard to desired future character.

 

9.4     Building Setbacks

 

The setback of the building to Dudley Street ranges between 2.4 and 7.7 metres at ground floor level and 2.4-3.4m at upper floor levels. 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 streetscape is mixed and as a result there is no dominant setback on Dudley Street (refer to aerial photo in Section 3 of this report).

 

The adjoining buildings to the west (43 and 45 Dudley Street) are setback 7.4 and 5.8 from the street, however due to the irregular shape of the lots these buildings are not aligned to the street and do not form a street wall. Further along Dudley Street to the west (on the corner of Brook Street) is 43A Dudley Street which is a multi unit housing development setback approximately 2 metres from the Dudley Street street alignment. Across Dudley Street to the south, buildings are setback 4-9 metres with no dominant alignment. To the east of the site Across Asher Street, 55 Dudley Street is setback 8 metres from the Dudley Street street alignment, however this is a rear setback to this property due to its primary frontage being on Havelock Avenue. Further along Dudley Street are commercial buildings which have a nil setback to the street.

 

The external walls of the proposal approximate the existing front setbacks of dwellings on the site with balconies protruding forward of the alignment of the existing dwellings. The southern elevation (to Dudley Street) is well articulated and will not result in bulk and scale impacts to the street. The front setback development will not detract from the streetscape as there is no dominant setback and there is sufficient area for landscaping to the street. The development complies with the preferred solution under the Multi Unit Housing DCP.

 

The development is setback approximately 2 metres from the Asher Street alignment. The existing dwelling (53 Dudley Street) is setback 400mm to 1.4m from the street alignment and the development will increase this setback commensurate with the increased height of the proposed building. 16 Asher Street is also set closer to the street than the proposal (approximately 900mm). Asher Street is almost a laneway at this point and the setbacks proposed are appropriate to the laneway character of the street.

 

The development is setback an average of 8.33 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 6.5 metres and also complies with the preferred solution.

 

The development does not comply with the average setback requirement of 5 metres at all levels on the western side. The non-compliance results in the building being approximately 600mm (averaged) closer to the western boundary than it should be. 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 adequate articulation has been incorporated into the western elevation. The proposal complies with the minimum side setback requirement of 3.5 metres to this elevation.

 

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.

 

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

 

9.5     Fences

 

Solid fencing to Dudley Street is proposed that is 300mm to 1.2 metres in height and has been stepped to accommodate the change in level across the frontage. 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. Gates and entries to the development are well articulated in the fence design.

 

Proposed to the Asher Street frontage is a solid fence 1.1 to 1.3 metres high. This exceeds Council’s preferred solution by approximately 100mm at the southern end of the site, however this is not considered to be a significant non-compliance as it will not result in an overly bulky appearance to the street. Landscaping has been incorporated behind the fence to soften the appearance of the building from the street.

 

Side and rear fencing has not been included on the plans. A condition of consent has been imposed to ensure any fencing complies with Council’s preferred solution for the maximum height of these fences, being 1.8 metres (see Condition 9).

 

The proposal includes walls to the rear of the site (north) which are up to 2.8 metres high. These walls are contrary to the objectives for fencing and reduce the apparent surveillance of the communal open space to the rear of the development. The height of the walls is contributed to by the solid balustrading proposed. Deferred Commencement Condition  2 requires changes to this wall including the lowering of the wall to incorporate planter boxes as per the recommendation of the Design Review Panel and changes to the balustrade treatment to minimise bulk and scale impacts.

 

A 1.8 metre high solid wall is proposed to the private open space of Unit 1 at the western end of the communal open space area. To continue the open, landscaped treatment to this area, a condition has been recommended to change this wall so that the upper two thirds is 50% open (see Condition 10). Planting can provide additional screening if required as this will be a softer treatment to the communal open space.

 

The development, subject to compliance with conditions of consent, is considered satisfactory with regard to fencing.

 

9.6     Landscaping and Private Open Space

 

The development provides 57% (707.8m2) of the site area as landscaping. This complies with the statutory requirement under clause 31(2) of the RLEP98 of 50% (615.75m2). Approximately 24% (292.2m2) 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 12 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 relationship between private and communal open space areas plan has not been improved in accordance with advice from the Design Review Panel. The high walls to the edges of the communal open space can be reduced by incorporating planter boxes to the edges of this area (see Deferred Commencement Condition 2). This change will require the headroom over a portion of the carparking spaces to be reduced to 2.1 metres. This will not affect the use of these spaces as the driveway entry already has a limited clearance height of 2.1 metres.

 

Council’s Landscape Officer has noted several trees on Council’s nature strip that are to be protected during the works and that an unsuitable species has been included in the planting schedule. Appropriate landscaping conditions have been proposed in the recommendation (see Conditions 130-139).

 

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.

 

On the western elevation first and second floor level windows are limited to highlight windows to bathrooms and living rooms. Bench top kitchen windows are also proposed. These windows are fixed and due to their location over the benches provide opportunities for overlooking of the adjoining property at 45 Dudley Street. As such these windows are to be obscurely glazed (see Condition 8). Balconies which face north have been provided with timber privacy screens along their western edges. These screens also minimise the angle of view from the balconies to 45 Dudley Street so that the minimum separation distance to the boundary is 8.5 metres. In addition, large tree plantings are proposed to the boundary to minimise impacts on the rear yard of this property (no overlooking of windows will occur from the balconies).

 

The eastern elevation to Asher Street is comprised of highlight bathroom windows, bench top kitchen windows and east facing secondary balcony to living rooms. South facing balconies have privacy screens along their eastern edges. The separation distance between the edge of the eastern elevation and the western boundary of the property at 55 Dudley Street (across Asher Street) is 10 metres and is sufficient to maintain privacy between the development and that site.

 

The development complies with the average setback requirements to the rear boundary, being 8 metres. This boundary is shared with 16 Asher Street, which is oriented to Asher Street so that the southern side of the existing building at 16 Asher Street faces the rear of the subject site. 16 Asher Street is currently occupied by a single storey dwelling currently used as a doctors surgery. Development Application 880/2004 to construct alterations and a first floor addition and use the property for a residence was approved in October 2004. The ground floor windows of this dwelling are below fence height and will not be overlooked by the development. The southern elevation of the approved first floor level incorporates glass blocks and a 1.8m privacy screen to the proposed rear balcony. These measures and the setbacks to the northeastern end of the development will ensure visual privacy between the sites is maintained.

 

The first and second floor balconies towards the western end of the site (to units 6 and 11) are located 6.8 metres from the common boundary with 16 Asher Street. These balconies align with the rear yard of 16 Asher Street and the elevation of these balconies allows direct line of sight from the balcony areas to the rear yard. As the balconies face north and provide the main source of sunlight to living areas, privacy screening along the northern edge would unreasonably impact the amenity of the development. The retention of existing palm trees 7 metres high will obscure sight lines from the top floor apartment. The landscaping plans indicate planting along this boundary of 6-12 metres in height. Additional details regarding planting to this boundary will be required prior to the consent being operational to ensure the species and height are sufficient to screen direct line of sight from both first and second floor balconies of Units 6 and 7 (see Deferred Commencement Condition 4). Other balconies are sufficiently setback to provide adequate separation between the subject site and 16 Asher Street.

 

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

 

9.8     View Sharing

 

Distant views of Coogee Bay, rooftops and the surrounding district are available from buildings to the south and southwest of the site. In response to the concerns raised by surrounding residents and the reasons for refusal of the previous application, the applicant has produced photomontages of the likely view loss from the following properties;

 

§  Units 2,3 and 5, 137 Brook Street Coogee

§  Unit 3/78A Dudley Street, Coogee

§  80 Dudley Street, Coogee

§  Units 1, 3 and 4, 82 Dudley Street Coogee

 

The montages have been reproduced in Attachment B. The montages indicate that compliance with the height standard has minimised view loss impacts from surrounding properties. The building will have a negligible impact on existing views from 137 Brook Street, 78A Dudley Street and 4/82 Dudley Street.

 

The development will result in loss of distant view of Coogee Bay from 80 Dudley Street, however the land water interface and headland views will be retained. The development will result in loss of distant views of the larger developments on Coogee Bay Road and a very small slice of horizon view from 1/82 Dudley Street. Unit 3/82 Dudley Street will have views of the Coogee Bay headland, Coogee Bay Road developments and ocean/ horizon views obscured as a result of the development. These views are currently interrupted by existing development and most notably by powerlines on Dudley Street as shown in the montage.

 

The view loss impacts of the proposal are considered reasonable given that the development complies with the statutory height standards. The non-compliance with FSR is not considered to contribute to the view loss as existing views are achieved over the subject site and views would only be able to be retained with significant reduction in the height of the building. The views which will be lost are not iconic, rather are district and distant glimpses of ocean between existing development.

 

Views from 45 Dudley Street will be maintained by the proposal due to compliance with the rear setback control and the preservation of a northeasterly view aspect from this property.

 

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

 

9.9     Solar Access and Energy Efficiency

 

With regard to solar access, the proposal meets the requirements of the DCP maintaining at least 3 hours of midwinter solar access per day to the elevations of surrounding properties. Due to the orientation of the site, additional shadow generated by the development generally falls on the roadway of Dudley Street throughout the day. Buildings on the northern side of Dudley Street have rear elevations that face north. The proposal will not affect solar access to the rear elevations of any adjoining properties 9am-3pm midwinter. Good solar access is also maintained to eastern and western elevations of adjoining sites, despite non-compliance with setbacks.

 

Due to the orientation of the site and opportunities for views, living areas are all north facing and will achieve good levels of solar access.

 

The applicant has provided a NatHERS report indicating all dwellings within the development achieve a rating of 3.0 to 5 stars. In accordance with Council’s Rainwater Tanks Policy, a rainwater tank has been included on the plans. To reinforce this provision a condition of consent has been imposed (see Condition 30).

 

The proposal is considered acceptable in relation to solar access and energy efficiency.

 

9.10   Safety and Security

 

The development proposes balconies and living areas to the Dudley Street elevation that will assist with casual surveillance of the street. The development provides a two pedestrian entries to the site from Dudley Street that are clearly identifiable. An intercom system to the entry doors has been conditioned to improve the security of the development (see Condition 5). Likewise, a security gate and intercom system is also to be provided to the basement carparking (see Condition 4). Lighting is to be provided to the main entry of the development (see Condition 21) 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 plans indicate a driveway width and gradient that meets the Australian Standard. Concern is raised regarding transition grades and this must be addressed prior to the operation of the consent (see Deferred Commencement Condition 1). The location of the driveway at the centre of the site dictates the built form above. In discussions with the applicant, alternative driveway designs were sought to improve the design of the building. The applicant has advised that flood issues on the site and sight distances have determined the driveway location and these constraints have been accepted by the Design Review Panel.

 

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.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.  CONCLUSION

 

The proposed building is appropriate on the site given the desired future character of the area, the objectives and standards contained within RLEP98 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 non-compliance with the Floor Space Ratio standard will not generate additional impacts in terms of amenity or the streetscape and therefore the objection under SEPP 1 should be supported.

 

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. 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 Clause 32(1) of the Randwick Local Environmental Plan 1988, relating to Floor Space Ratio, 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 68/2005 for Demolition of existing dwellings and construction of a new 3 storey multi unit housing development comprising 3 x 1, 9 x 2 and 1 x 3  bedroom dwellings and basement carparking for 19 cars and strata subdivision into 13 lots at 47-53 Dudley Street, Coogee subject to the following conditions:

 

Deferred Commencement Conditions

 

The consent is not to operate until the following material has been submitted to and approved by the Director City Planning:

 

1.       The applicant shall submit for approval, longitudinal sections along centre line and extremities of the driveway (at a scale of 1:20) demonstrating:

 

§ Compliance with the issued alignment level (i.e. to 150mm above the top of the existing kerb) at the property boundary;

§ Compliance with the required highpoint (i.e. to a minimum RL of 29.59 (AHD)) within the site; and

§ Satisfactory ramp grades (including transitions) in accordance with AS 2890.1 (2004).

 

2.       Planter boxes along the northern edge of the ground floor north facing balconies are to be lowered so that they are no higher than 1.3 metres above the level of the communal open space. This is to be achieved by lowering the floor to ceiling height of the carparking level to 2.1 metres for a width of 1.3 metres along the northern edge of the basement parking. Any balustrading required to the balconies is to be provided behind the planter boxes and is to be constructed of timber, glass or other lightweight material to minimise the bulk and scale of the walls and maximise the amenity of the public open space. Appropriate signage warning that the clearance at the end of the parking spaces is low is to be provided and proposed wording and location is to be indicated on the plans submitted to satisfy this condition.

 

3.       A finishes schedule and lighting scheme for the car park lobby is to be provided prior to operation of the consent.

 

4.       Details of the proposed landscaping to the rear (northern) boundary of the site including details of the species, the installed height of the trees and the likely height at maturity are to be provided. Sections showing sight lines from the balconies of units 6 and 11 with the landscaping installed are also to be provided.

 

5.       Amended 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. The colour scheme is to indicate a lighter tonal range from the submitted sample board to be more consistent with the predominant colours in the surrounding area.

 

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 drawn by CSA Architects and numbered LEY-01 through to LEY-09, dated 22/06/05 and stamped received by Council on 30 June 2005, the landscape plan prepared by Taylor Brammer numbered Revision A of LA01 dated 21.01.05 and stamped received by Council on 4 February 2005, the Flood Assessment Verification Report (including revised pages 1-4) prepared by AKY Civil Engineering dated December 2004 and stamped received by Council on 4 February 2005, the draft subdivision plans in 4 sheets Surveyor’s Reference 031002 DSP drawn by Denny Linker & Co and stamped received by Council on 4 February 2005, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

2.       Parking Spaces 15 and 16 are to be allocated to Unit 11 and spaces 17 and 18 are to be allocated to Unit 13 on the plans submitted for Construction Certificate and Strata Subdivision Certificate approval. All other units are to be allocated a minimum of 1 space. This condition is imposed to ensure the proper use of the stacked parking spaces.

 

3.       A sign legible from the street must be permanently displayed to indicate that visitor parking is available on the site and these parking spaces must be clearly marked and accessible at all times.

 

4.       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.

 

5.      An intercom to be provided to both pedestrian entries at the building line to secure the development for residents and visitors. Details of compliance are to be provided in the relevant plans and specifications for the construction certificate.

 

6.       The installation of air conditioning is not included in this consent. Air conditioning must not be installed without the prior approval of Council as required by the DCP for Exempt and Complying Development.

 

7.       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.

 

8.       The kitchen windows on the western elevation at first and second floor level, shall be of fixed and obscure glazing. This condition is imposed to prevent overlooking of 45 Dudley Street. Details are to be included in the Construction Certificate application.

 

9.       Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1800mm*, 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.

 

10.     The north-south fence proposed to screen the rear yard of Unit 1 from the communal open space is to be a maximum height of 1.8m and be designed so that the upper two thirds of the fence is at least 50% open, where it does not adjoin a balcony, to maintain reasonable levels of amenity to the adjoining communal area. Details are to be provided with the Construction Certificate application.

 

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

 

12.     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.

 

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

 

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

 

In this regard, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

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

 

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

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     Where access is required to adjoining premises for construction purposes, the consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

21.     Adequate lighting for security and safety is to be provided to the common areas and external areas of the development. Details are to be provided with the Construction Certificate application.

 

22.     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.

 

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

 

24.     Solar hot water heaters or other structures are not permitted to be installed on the roof of the building unless the prior written approval of Council’s Director of Planning has been obtained beforehand.

 

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.     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.

 

28.     Appliances provided within the development must satisfy the following energy ratings as a minimum:

 

·           Clothes dryers minimum 2.5 star

·           Dishwashers minimum 3 star

·           Air conditioners minimum 4 star

·           Clothes washers minimum 45 star

·           Fridge minimum 4 star

 

29.     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.

 

30.     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 conditions are applied to satisfy the increased demand for public amenities and public services:

 

31.     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                              $15,282.15

b)      for the provision or improvement of community facilities      $  6,757.10

 

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.

 

32.     The applicant shall install a “Low Clearance 2.00 metre” sign on the beam above the ramp into the basement carpark, to warn entering vehicles of the restricted height clearance.

 

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:

33.     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.

 

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:

 

34.     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).

 

35.     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.

 

The following conditions are applied to ensure adequate environmental protection and occupational health and safety.

 

36.     All hazardous or intractable wastes and materials (including asbestos) shall be removed and disposed of in accordance with the requirements of WorkCover NSW, the Environmental Protection Authority and the relevant requirements:

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·        The Protection of the Environment Operations Act 1997 and relevant Environmental Protection Authority Guidelines

 

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

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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”.

 

43.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

          An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

44.     Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and conditions of consent.

 

45.     In accordance with clause 98 of the Environmental Planning & 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.

 

46.     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.

 

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

 

          Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

The following 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:

 

48.     Upon completion of the development and prior to the issuing of the strata subdivision, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

          Details of critical stage inspections carried out by or on behalf of the principal certifying authority together with any certification relied upon and the occupation certificate for the building must also be provided to Council prior to approval of the strata subdivision plans.

 

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

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

 

50.     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.

 

51.     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.

 

52.     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, verandah’s, 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.

 

53.     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.

 

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

 

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:

 

55.     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.

 

56.     Any demolition works involving asbestos products are to be carried out in accordance with relevant WorkCover New South Wales requirements, guidelines and codes of practice.

 

57.     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.

 

58.     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.

 

59.     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.

 

60.     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.

 

61.     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.

 

62.     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.

 

63.     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.

 

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

 

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

 

65.     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.

66.     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.

 

67.     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.

 

68.     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.

 

69.     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.

 

70.     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.

 

71.     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.

 

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

 

          Details of the proposed sediment control measures are to be detailed in a site 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.

 

73.     Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

          A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

74.     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.

 

75.     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.

 

76.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)       $1000.00  -           Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

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

 

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

 

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

 

c)       Remove the existing sandstone kerb and gutter and construct new kerb and gutter for the full site frontage in both Dudley Street and Asher Street (except opposite the vehicular entrance/exit point).

 

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

 

e)       Remove the existing asphalt footpath along both the Dudley Street and Asher Street site frontages and construct new concrete footpath along both frontages to Council’s specification.

          It is noted that any unpaved areas shall be turfed and landscaped to Council’s requirements.

 

f)       Reconstruct the existing kerb inlet pit in Asher Street, if required. It is noted that the kerb inlet pit shall be constructed in general accordance with Council’s standard drawing SD7.

 

79.     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.

 

80.     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.

 

81.     All new walls (and/or landscaping) 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.

 

82.     The driveway opening at the Dudley Street frontage must be a minimum 5.50 metres wide.

 

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

 

84.     The applicant shall install a convex mirror on the eastern wall at the bottom of the ramp to the basement carpark, in order to improve driver visibility. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

85.     The applicant shall dedicate a 3m x 3m splay corner at the southeastern corner of the development site (intersection of Dudley Street & Asher Street). The applicant shall meet all costs associated with the dedication. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

          Note: No portion of the development (including basement structures, garden areas, fences, eaves overhang, etc.) shall encroach into the splay corner.

 

86.     A Works Zone is to be provided in Dudley 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:

 

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

 

·        Dudley Street: 150mm above the top of the existing kerb at all points opposite the kerb, along the full site frontage.

 

·        Asher Street: 50mm above the top of the existing kerb at all points opposite the kerb, along the full site frontage

 

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

 

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

 

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

 

89.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $2314 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.

 

90.     The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular/pedestrian accesses. This condition has been attached to accommodate future footpath construction at this location.

 

Service Authority Conditions

 

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

 

91.     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.

 

92.     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.

 

93.     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.

 

94.     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.

 

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

 

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

 

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

 

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

 

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

 

96.     The floor level of all ground floor units shall be at a minimum RL of 30.25 m (AHD).

 

97.     A 600mm high solid boundary fence shall be constructed along the Dudley Street site frontage between the western boundary of the site and the pedestrian entry to units 1 and 2. The ground between the new fence and unit 1 shall be contoured to fall away from the new building and a clear overland flow path shall be provided from this area out to Dudley Street. The ground levels adjacent to unit 1 shall be at least 300mm lower than the FFL of unit 1 (i.e. at a maximum level of RL 29.95 m (AHD)).

 

          The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

98.     A restriction on use under section 88E of the Conveyancing Act 1919 shall be attached to the title of the subject property to ensure that the western portion of the front fence and ground levels in the vicinity of unit 1 are not altered without the written consent of the Council. The restriction shall also note that there shall be no good stored or works undertaken within the section of land between the front boundary fence and unit 1 without the prior consent of the Council.

 

99.     A high point shall be provided along the full width of the access driveway to the basement carpark to a minimum RL of 29.59 (AHD) (i.e. 150 mm above the determined 1 in 100 year overland flow level in Dudley Street).

 

          It is noted that this shall be in general accordance with the amended ground floor and site plan LEY-02 (Rev C) by CSA Architects (dated 22 June 2005) and the submitted flood study AKY Civil Engineering dated December 2004.

 

100.   All windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at least 300 mm above the 1 in 100 year flood levels (as determined in the submitted flood study AKY Civil Engineering dated December 2004).

 

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

 

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

 

b)      A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

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

 

102.   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.

 

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

 

a)       The underground drainage system in Asher Street, via the existing or a new/reconstructed kerb inlet pit in Asher Lane; OR

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

 

Notes:

 

a.       All new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

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

 

104.   The stormwater system shall be designed with appropriate consideration given to the surrounding flood levels. Reflux valves shall be provided (within the site) over the pipeline/s discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

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

 

106.   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.

 

107.   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.

 

108.   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.

 

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

 

110.   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

 

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

 

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

 

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

 

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

 

114.   A ‘V’ drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

115.   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.

 

116.   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.

 

117.   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.

 

118.   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).

 

119.   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.

 

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

 

Notes:-

 

a)       Any subsoil drainage (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).

 

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

 

121.   The residential waste room shall be sized to contain a total of 14 x 240 litre bins (comprising 7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins.

 

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

 

123.   The garbage storage areas are to be clearly signposted.

 

124.   Prior to the occupation of the development, the owner or applicant is required to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services for the premises.

 

125.   Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Waste Compliance Officer, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

          The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

 

126.   A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property (in conjunction with registration of the plan of subdivision) to ensure that the onsite detention/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:

b.       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.

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

 

127.   The applicant shall create suitable rights of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

128.   All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the subdivision plans.

 

129.   The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

 

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

 

130.   Landscaping shall be installed substantially in accordance with the submitted landscape plan prepared by TO of Taylor Brammer Landscape Architects, job number 04-187S, dated 21.01.2005, with the following additional requirements to be provided on the detailed landscape plan submitted to the certifying authority for the construction certificate application. (If Council is not the certifying authority for this site, the applicant will still be required to forward a copy of the approved landscape plan to Council for records purposes):

a.       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: (i) The schedule shall show the Ficus benjamina (Weeping Fig) being deleted and replaced with a more suitable, non-invasive and non-aggressive species.

 

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

 

b.       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.

 

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

 

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

 

Note:         (i) 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.

 

131.   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.

 

132.   Any substation required shall be suitably screened from view. The proposed location and elevation, as well as proposed screening method shall be shown on all detailed landscape drawings and specifications.