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

 

 

2nd August, 2005

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH, BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 9TH AUGUST, 2005 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 12TH JULY, 2005.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Development Applications

 

5.1                        

DIRECTOR, CITY PLANNING REPORT 50/2005 - 5 LITTLE STREET, MAROUBRA.  (DEFERRED)

2

 

5.2                        

DEVELOPMENT APPLICATION REPORT - 165A - 167B MAROUBRA ROAD, MAROUBRA.

36

 

5.3                        

DEVELOPMENT APPLICATION REPORT - 126-128 AVOCA STREET, RANDWICK.

108

 

5.4                      

 DEVELOPMENT APPLICATION REPORT - UNIT 603, 52-56 CARR STREET, COOGEE.

172

 

5.5                      

DEVELOPMENT APPLICATION REPORT - 9 THE CAUSEWAY, MAROUBRA.

179

 

5.6                      

DEVELOPMENT APPLICATION REPORT - 65 BYRON STREET COOGEE.

199

 

5.7                      

DEVELOPMENT APPLICATION REPORT - 6 GREVILLE STREET, CLOVELLY.

231

 

5.8                      

DEVELOPMENT APPLICATION REPORT - 47 DENNING STREET, COOGEE.

249

 

5.9                      

DEVELOPMENT APPLICATION REPORT - 351 RAINBOW STREET, SOUTH COOGEE.

269

 

5.10                      

DEVELOPMENT APPLICATION REPORT - 1599-1601 ANZAC PARADE, LA PEROUSE.

324

 

5.11                      

DEVELOPMENT APPLICATION REPORT - 155-161 AVOCA STREET, RANDWICK.

346

 

 

6           General Business

 

7           Notice of Rescission Motions

 

 

 

 

…………………………

GENERAL MANAGER

 

 


 

Director, City Planning Report 50/2005

 

 

SUBJECT:

5 Little Street, Maroubra

 

 

DATE:

26 July, 2005

FILE NO:

DA7/2005

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

The Health, Building and Planning committee at its meeting held on 12 July 2005, resolved:

 

“That this application be deferred to the next Health, Building and Planning Committee meeting on Tuesday, 8th August, 2005 to allow the applicant to clarify the information contained in the Director, City Planning’s Report.”

 

 

RECOMMENDATION:

 

That Council consider the Development application Report dated 14 June 2005.

 

 

ATTACHMENT/S:

 

Development Application Report dated 14 June 2005 .

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

TOM HUTCHISON

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT PLANNER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 June, 2005

FILE NO:

00007/2005

 

PROPOSAL:

 Construction of a new three storey multi unit housing development comprising five residential units (5 x 2 bedrooms) with basement parking for 6 vehicles

PROPERTY:

 5 Little Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 Theo Lucas

OWNER:

 Mr S Sotiras and Mrs K Sotiras

 

 

 

 

 

 

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 application is for erection of a multi-unit housing development containing 5 units and parking for 7 vehicles.  The development is not permissible in the zone and is relying on existing use rights.  On the basis of a merit assessment of the proposal, it is considered that the development is not compatible with its surroundings and will have adverse amenity impacts on the streetscape and the adjoining properties.

 

The recommendation is for refusal.

 

2.       THE PROPOSAL

 

The proposal is for an additional 2 bedroom unit above the existing approved 2-storey residential flat building resulting in 5 x 2 bed room units. The proposed unit contains a dining/living area that opens onto a rear deck/balcony. An additional parking space is proposed, increasing the number of spaces from six to seven and the garbage storage area is relocated from the rear southern side to the northern side.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

The site is located on the eastern side of Little Street between Nicol Avenue and Duncan Street approximately 700 metres west of Maroubra Beach. The site has a frontage of 15.24metres, a depth of 29.87metres and site area of 455.22 square metres. The site slopes from the street down to the rear and across the slope from north to south. The diagonal slope from the north-west corner down to the southeast corner is approximately 4.8 metres.  The site contains a basement level carpark and ground level apartments under construction (as approved under DA 865/99).  Figure 1 shows a current aerial view of the subject site and its surroundings, and Figure 2 shows the subject site and the residential flat building that formerly occupied the site.

 

The surrounding area is residential in character and consists predominantly of dwelling houses but with some residential flat buildings.  The adjoining property to the north is improved with a two-storey detached dwelling house; the adjoining site to the south is improved with a single storey detached dwelling house; the adjoining site to the east is improved with a pair of semi-detached dwelling houses, one of which has had a first floor addition; and the sites to the west (on the other side of Little Street) are improved with detached dwelling houses.  The nearest residential flat buildings are located at No.13 Little Street (to the south of the subject site), No.432 Malabar Road (to the north of the subject site) and No.436 Malabar Road (to the immediate northeast of the subject site).  Figures 3 to 6 show the surrounding development.

Figure 1: The subject site and its surroundings

Figure 2: The subject site and the former residential flat building that occupied the site

 

Figure 3: The subject site and surroundings

 

Figure 4: Looking south along Little Street showing site at mid-left

 

Figure 5: Looking southwest along Little Street, opposite the subject site

 

Figure 6: Looking northwest along Little Street from the subject site

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

DA – 0865/99 was for the demolition of the existing residential flat building and garage and construction of a new multi unit housing development containing four dwellings over two levels with basement car parking for six vehicles. Council refused the application on 01/12/1999 for several reasons including that existing use rights had not been established, the proposal was inconsistent with the aims and objectives of the 2A zone, the proposal would have a detrimental impact to adjacent properties by way of privacy loss, overshadowing, and visual bulk and scale, the floor space ratio and wall height did not comply with the LEP, the proposal did not comply with parking requirements and the proposal constituted an overdevelopment.

 

A Section 82A review application was submitted on 29 December 1999. A letter from the applicant’s solicitors was submitted with respect to existing use rights with the application. The proposal was again refused on 15 August 2000 for the same reasons except that it was established that existing use rights pertained to the site and that reason for refusal was deleted.

 

An appeal was lodged in the Land and Environment Court and the matter went to call over on 29 November 2000.

 

Amended plans together with reports from Planning Collaborative and Christopher Stapleton were conveyed to Council by Council’s Solicitors on 21 February 2001 and it was agreed that informal mediation, and if necessary formal mediation would be undertaken between the parties and involving the two objectors at 438 and 440 Malabar Road. Following discussion between the parties, the plans were amended. A report was prepared under delegated authority by Council Officers recommending approval of the application on 4 June 2001.

 

Consent orders were issued by the Land and Environment Court on 13 June 2001.

 

5.       COMMUNITY CONSULTATION

 

The proposal has been notified and advertised in accordance with the DCP for Public Notification on 27 January 2005. The following submissions were received:

 

5.1     Objections

 

Harry Malone

7 Little Street

Maroubra NSW 2035

 

·        3 storeys would block sunlight to the rear yard during the winter months,

·        Little street is mall/narrow and parking is limited. The proposal will compound this problem,

·        As a 50 year resident of the dwelling, the residents do not wish to spend their twilight years in the shadow of a building.

 

Pamela Evans

12 Little Street

Maroubra NSW 2035

 

·        Suspicious that the intent was always for three levels, if this were the case we would have objected originally.

·        No increase in car parking space as this has already been completed.

·        Major on street parking problem already which will be majorly exacerbated.

·        The proposal will be visually ugly.

 

John and Mary Malone

Little Street

Maroubra NSW 2035

 

·        No shadow diagrams indicating impact to neighbours.

·        Loss of amenity to adjacent properties.

·        Privacy impacts to all sides generated by the upper level.

·        Size, bulk and scale are out of keeping with the low density dwellings nearby resulting in a break in the streetscape.

·        Setbacks do not comply with requirements.

·        The additional unit will cause traffic impacts in the street and parking problems.

·        Increase in FSR is not permitted under Council guidelines.

 

Hari and Vebna Kishan

PO Box 99

Round Corner NSW 2158

 

·        Proposal will block views of the water due to its height,

·        Increased traffic flow in Nicol Ave and Little Street affecting safety in the area,

·        Devaluation of surrounding properties.

 

Arthur Mezups

444 Malabar Road

Maroubra NSW 2035

 

·        Council’s notification has been received after substantial building has occurred. Is this an amendment or a notification? If ti is a notification, why is it at such a late stage,

·        The current construction already obscures the amount of light available to adjacent properties.

 

H Eriksson

6 Little Street

Maroubra NSW 2035

 

·        Severe impact on parking in the street,

·        Streetscape will look out of place,

·        Overshadowing to adjacent properties will be huge,

·        FSR, does this exist?

·        No RL marked for roof.

 

 

 

 

A Fitzgerald & Lee Miller

14 Little Street

Maroubra NSW 2035

 

·        No increase in parking. This will aggravate street parking problem,

·        Building will be visually ugly and is not in keeping with the size, scale and bulk of the street,

·        Shadow diagrams do not show impact to adjacent properties,

·        Developer always intended to build three storeys, this is sneaky.

 

Patricia Garvie

2/417B Maroubra Rd

Maroubra NSW 2035

 

·        Overall impact of development in terms of shadow, amenity and quality of life to residents that have live next to the property for over 50 years.

 

Paul Mason and Christina Alvarez

438 Malabar Rd

Maroubra NSW 2035

 

·        The proposal is four storeys as the basement carpark is largely above ground at the rear. This would have major impacts to the properties at the rear in terms of bulk, scale, height, privacy, and overshadowing,

·        No rear planting as proposed under the original application, this would result in privacy impacts,

·        Lack of details in new plans.

 

G R Wilson

26 Rose St

Ashfield NSW 2131 (owner of unit 2/6 Little Street)

 

·        Traffic load in the street, accident potential, parking problems in already overcrowded street.

·        Character of the street, the proposal is not in keeping with the street.

 

Catherine Malone

7 Little Street

Maroubra NSW 2035

 

·        Overshadowing impacts to adjacent properties,

·        Not consistent with 2A zoning,

 

Pam Mezups

444 Malabar Rd

Maroubra NSW 2035

 

·        Major impact on visual and acoustic privacy,

·        Loss of privacy,

·        Significant overshadowing impacts,

·        Noise impact from cars using proposed carpark.

 

Mark, Kim and Jordon England

442 Malabar Road

Maroubra NSW 2035

 

·        Insufficient information to assess the application,

·        Floor space exceeds allowable by 40%,

·        Exceeds 9.5m height limit,

·        Exceeds maximum number of floors,

·        Setbacks are over allowable limits.

 

Nick Simitzis & Emma Nelson

440 Malabar Road

Maroubra

 

·        Increased overshadowing,

·        Privacy impacts from additional level which is close to boundary.

 

A petition objecting to the proposal was signed by 22 residents. The issues raised in the objections and residents names and addresses are provided below:

 

·        It will complicate parking problems,

·        No shadow diagrams submitted showing impact to neighbours,

·        Loss of amenity to nearby residents,

·        Sunlight non-existent  on nearby properties during winter,

·        Bulk and scale is out of keeping with landscape,

·        Setbacks, to the north and south do not conform with State and Council guidelines,

·        Why were plans submitted for 2 storeys when foundations were laid for three storeys,

·        Did developer consider it easy to manipulate residents and Council for their own benefit and not the residents or Council.

 

 

Name

Address

R.D.Evans

12 Little Street, Maroubra

K England

442 Malabar Rd, Maroubra

M England

442 Malabar Rd, Maroubra

Harry Malone

7 Little Street, Maroubra

Arthur Mezups

444 Malabar Rd, Maroubra

Pamela Mezups

444 Malabar Rd, Maroubra

Lester Hill

1 Little Street, Maroubra

Sonia Hill

1 Little Street, Maroubra

Eva Bienkowski

9 Little Street, Maroubra

Martin Bienkowski

9 Little Street, Maroubra

Anne Fitzgerald

14 Little Street, Maroubra

Peter Garamy

18 Little Street, Maroubra

Samantha Horsell

20 Little Street, Maroubra

Michael Carlin

142 Duncan St, Maroubra

Maureen Finemore

142 Duncan St, Maroubra

Lynette Fraser

434 Malabar Rd, Maroubra

Michael Fraser

434 Malabar Rd, Maroubra

Hans Eriksson

1/6 Little Street, Maroubra

Christine Gregory

8 Little Street, Maroubra

Irene Paul

8 Little Street, Maroubra

Christina Alvarez

438 Malabar Rd, Maroubra

Kristine Supierz

10 Little Street, Maroubra

 

Amended plans were received on 16 May 2005 providing shadow diagrams and additional information not supplied in the original application. The upper level was altered by reducing the number of bedrooms from three to two and cutting back the proposal on the sides and to the rear as well as introducing a roof element at the rear.

 

These amended plans were notified and advertised for a period of 14 days from 1 June 2005 and height poles erected indicating the proposed height. The following objections were received:

 

Harry Malone

7 Little Street

Maroubra NSW 2035

 

·        Increased overshadowing will affect adjacent properties,

·        Loss of amenity to adjacent properties,

·        Privacy impact and intrusion to adjacent properties on all sides,

·        Size, scale and bulk of proposal is out of keeping with the immediate and surrounding homes causing a break in streetscape,

·        The set back distances to the boundaries at the north and south of the development does not comply with Council requirements for residential areas,

·        Impacts to traffic in the street causing congestion and additional parking problems.

 

Catherine Malone

7 Little Street

Maroubra NSW 2035

 

·        The development will cause overshadowing of ling areas which have had solar access in the past,

·        Overlooking directly into the objector’s living room,

·        The scale of the building will remove any view of the skyline,

·        The development will add to parking problems,

·        The development will be out of context with the development in the area which is mainly cottages.

 

 

Carolyn Supierz

10 Little Street

Maroubra NSW 2035

 

·        Concerns at the amount of car parking applied for in respect of the development,

·        The amended plans are not really any different from the original plans,

·        The foundation strength is questionable for a development of the proposed size.

 

Paul Mason and Christina Alvarez

438 Malabar Road

Maroubra NSW 2035

 

·        Shadow diagrams do not show elevational impact to buildings,

·        No height poles erected,

·        FSR 1.02:1 exceeds requirement by 40%,

·        Building exceeds 9.5m height limit,

·        Large rear balcony will impact adjacent residents,

·        The proposal is a fourth storey given the basement carpark is above ground at the rear,

·        Proposal to remove rear planting result in adverse impacts to neighbours in terms of privacy,

·        Proposal should be rejected and the original application

 

Arthur Mezups

44 Malabar Road

Maroubra NSW 2035

 

·        The development obstructs sky views,

·        The development is excessive with a fourth floor.

 

Mark and Kim England

442 Malabar Road

Maroubra NSW 2035

 

·        The development application is incomplete in respect of accurate show diagrams,

·        The previously approved building was in keeping with the scale of the former building on the site but this one is not,

·        The development exceeds the 9.5 metre height limit,

·        Dominant visual impact,

·        The balcony at the rear will look into the private outdoor and indoor areas of the objector’s dwelling.

 

Pam Mezups

444 Malabar Road

Maroubra NSW 2035

 

·        The amended plans make little difference,

·        The new construction is much greater in scale and exceeds the limits of existing use rights,

·        Acoustic and visual privacy impacts,

·        Extensive overshadowing,

·        The development will be visible as four levels from the rear,

·        Cars using the driveway will impact on peach and quiet.

 

Nick Simitzis

440 Malabar Road

Maroubra NSW 2035

 

·        The proposed development does not comply with provisions of the DCP for Multi-Unit Housing.

 

5.2     Comments on Objections

 

Essentially, the objectors’ concerns are centralised around the issues of overshadowing, parking and traffic, streetscape appearance, bulk/scale/FSR, overlooking, setbacks and loss of views. 

 

In respect of traffic and parking, the proposed development provides the required number of parking spaces for the proposed number of units and is unlikely to increase traffic in the area that would result in adverse impacts.

 

Regarding views loss, the proposed development may have some impact, particularly, to properties on the other side of Little Street.  However, it is noted that this objection may have been motivated by the fact that the demolition of the former building has opened a view corridor to the ocean that previously did not exist.

 

The other issues raised are addressed in the assessment section 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:-

 

Director of Assets and Infrastructure

 

The application was referred to the Director of Assets and Infrastructure for comment.  No objections were raised subject to conditions with any approval.  The following comments were made:

 

Landscape Comments

There are no existing trees at this site or adjoining properties which are covered by Council’s Tree Preservation Order that will be affected by this application.

Drainage Comments

 

On site stormwater detention is required for this development.

 

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

 

Waste Management Comments

 

It is noted that the garbage room shown on the ground floor plans has not been included in the northern elevation. As such the DPCD is to determine if this garbage room is covered. Should the garbage room not be covered condition 37 requiring the area to be graded and drained to the sewer should be deleted.

 

Traffic Comments

 

It is noted that this application has been assessed in accordance with the new Service Level Agreement between the Development Assessment section, and the Asset & Infrastructure Services Department. The DPCD should ensure the proposed parking provisions are adequate. The DPCD should ensure that all internal driveway gradients are designed (including transitions) in accordance with AS 2890.1 (2004).

 

For medium density developments (i.e. less than 20 units)

 

The average traffic generation for the proposed residential development consisting of 5 residential units will be in the range of 20 to 25 vehicle movements per day.

 

The expected peak flow volume of approximately 2.5 vehicles per hour is considered low and no delays should be experienced in Little Street as a result of this development.

 

Carwash Bay

 

One covered car washing bay shall be provided for this development. The AIS Department does not object to a visitor space being used for this purpose, so long as it is signposted for use accordingly

 

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

 

The driveway opening at the Little Street frontage must be 3.5 metres wide and located at least 0.5 metres clear of the side property. It is considered that the provision of a 3.0 metre driveway (with minimum 300mm wide kerbs on either side) would be adequate. The plans submitted for the construction certificate shall demonstrate compliance with this requirement

 

 

 

Carpark Layout

 

The DPCD is to determine whether visitors’ vehicles can turn around within the carpark and leave in a forwards direction, should all parking spaces including the visitor’s space be occupied.

 

The DPCD is to determine whether the internal driveway gradients comply with Council's DCP - Parking.

 

Driveway gradients are to be in accordance with AS 2870.1 – 1994 including all transitions.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

§  Randwick Local Environmental Plan 1998; and

 

§  State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is prohibited in the zone.   The application is made on the basis of existing use rights on the site.  In this respect, a residential flat building existed on the site previously that contained four units (see Figure 2 for siting of the former building on the site), which was erected circa 1940s.  Therefore, pursuant to Section 106 of the Environmental Planning and Assessment Act, 1979, the development has ‘existing use’ rights.

 

In applications involving existing use rights, the provisions of Environmental Planning Instruments do not apply, and assessment is merit based.  However, to appreciate the development limitations of land in the immediate surrounding area (and on the subject site if it were not for the existing use situation), it is considered appropriate to undertake an assessment of the application under the statutory provisions of the Randwick Local Environmental Plan 1998, which will be used as a guide in the context of a merit assessment.

 

The following Clauses of the LEP 1998 are relevant for assessment purposes:-

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

40%

38%

No

32 - FSR

0.5:1

0.9:1

No

33 - Building Height

7.0 wall height

9.5 metre overall

North max:

9.5 metres (wall and overall)

South max:

10.3 metres (wall and overall)

No

 

It is evident from the above table that the proposed building is well above the scale of development that would be permitted on land zoned 2A.

 

In respect of landscaped area, the proposed development does not meet the minimum requirement for the 2A zone, as identified above.  The former development on the site had a landscaped area of 50% and the approved development (DA 0865/99) has a landscaped area of 43%.  Therefore, the subject development is proposing a reduction in landscaped area by 24%, of the former building on the site, and a reduction in landscaped area by about 12%, of the approved development.  The reduction is a result of the much greater building footprint created by the proposed development.  The former building footprint can be seen at Figure 2 and shows that the front and rear building alignment was generally in accordance with those on adjoining sites.  The proposed building footprint, however, is extended to within 4 metres of the rear boundary and 3 metres to the front boundary.

 

In respect of floor space ratio, the development is above the permissible FSR for the 2A zone.  It is proposed with a floor space ratio that reaches the limit permitted on land Residential 2C.  This alone demonstrates that the development is excessive for the site.

 

The former development on the site had a floor space ratio of about 0.72:1 and the approved development on the site has a FSR of 0.756:1.  Therefore, the subject development is proposing to increase the size of the built form on site by 20%, over the former building on the site, and 16%, over the approved development on the site. 

 

In respect of building height, the proposed development exceeds the external wall height provision by up to 3.3.  The former development on the site had a maximum external wall height of 9.2 metres and the approved development has a maximum external wall height of 7.9 metres.  Therefore, the proposed development is about 10% greater in wall height than the former development on the site and about 23% greater than the maximum external wall height of the approved development on the site.

 

The above demonstrates that not only is the proposed development inconsistent with the numerical provisions of LEP 1998 in respect of development in the 2A zone, but it is a considerably more intense development than the former building that existed on the site or the approved development on the site.  This will result in a development that is inconsistent with its immediate surroundings and will have substantial adverse impacts on the amenity of adjoining properties and the streetscape.  Those impacts are discussed later in this report.

 

The proposed development is also considered to be inconsistent with the objectives of the Residential 2A zone.  The relevant objectives and an assessment against them follows in the paragraphs below.

(a)     to maintain the character of established residential areas,

 

As described earlier, the surrounding area consists predominantly of dwelling houses but with some residential flat buildings.  All immediately adjoining properties are developed with dwelling houses.  The nearest residential flat buildings are located at No.13 Little Street (to the south of the subject site), No.432 Malabar Road (to the north of the subject site) and No.436 Malabar Road (to the immediate northeast of the subject site).  Apart from those isolated residential flat buildings in the surrounding area, it is evident from an analysis of the area that is predominantly low intensity type development consisting of dwelling houses, both one and two storeys in height. (Due to the topography on the adjoining sites each dwelling on those sites appears to have an additional level when viewed from the rear).

 

At some point Council has made a decision to zone the subject site and the surrounding land Residential 2A in order to preserve the low scale nature of the area and restrict development so that it is compatible with that predominant existing scale.  The proposed development will be inconsistent with that vision for the area.  Having a street presentation of three storeys and a rear presentation of four storeys, it will be inconsistent with the one and two storey streetscape in the immediate vicinity of the site that is characteristic of the 2A zone.

 

On this basis, the development is considered to be inconsistent with the above objective, in that it will act to maintain the character of the area.

 

(c)     to enable redevelopment for low density housing forms, including dwelling houses, dual occupancy, semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development,

 

The proposed development does not comprise any of the abovestated building forms, as it is relying on existing use rights.  However, the essence of the objective is that development should not compromise amenity and is to be consistent with the predominant character of its surroundings.

 

As discussed above, it is considered that the development is not consistent with its surroundings in terms of dominant character.  This is because it will be of a form and scale that is excessive in its surroundings.  That form and scale will also result in significant adverse impacts on the amenity of adjoining properties and the streetscape.  In terms of adjoining properties, the development will have overlooking and overshadowing impacts as well as visual impacts in that it will present as an overbearing building bulk.  These impacts are discussed in detail later in this report.

 

In terms of streetscape impact, the development will appear incongruous with the dominant character of its immediate surroundings.  This is due to the fact that it will have three storeys instead of two storeys which is the maximum that exists in the immediate vicinity along the street.  It is also due to the fact that the development has a flat roof in an area that contains buildings almost all of which have pitched roofs.  It is expected that the flat roof form has been adopted in order to reduce the overall scale of the building.  If the building were to include a hipped or pitched roof it would result in a development of an even more substantial presence to the street. 

 

For the reasons stated above, it is considered that the development is inconsistent with the above objective in that it will have adverse impacts in terms of amenity on the existing development and character of the area.

 

(b)     State Environmental Planning Policy No.65 -

 

The SEPP 65 Panel has made the following comments in respect of the application:

 

The Panel notes that construction of this proposal is well underway and the applicant has submitted a new DA for consideration.  This is the second time the Panel has reviewed the application.  The first review in February 2005 was for a Section 96 Application.

 

1.       Relationship to the Context of the Proposal

 

No convincing argument for extra height is evident in the drawings and documentation provided.   Shadow diagrams have to be provided to show the shadows from adjoining properties as well as demonstrating the new shadow impacts that will occur on the neighbouring properties.

 

The extra height being sought is not supported by the Panel as it will have negative impacts on surrounding properties and is generally out of context and scale with the predominant character of this narrow  street.

         

2.       The Scale of the Proposal

 

The proposed FSR is well above that permissible.  The current application does not display sufficient design merit to warrant any floor space over that permissible.

 

3.       The Built Form of the Proposal

 

The position of the stair and garbage room precludes opportunities to optimise the northerly aspect and create bulk close to the neighbouring property.

 

The entry would have been better located on the southern side of the development as this would have enabled consolidation of landscaped area to the entry and driveway and reduce the impact of the driveway on neighbouring property.

 

Ventilation to the car park level is shown on plan and section but is not indicated on the elevations.

 

The gutters and downpipes to the balcony roofs are not sufficiently documented and could potentially be unresolved and unsightly.

 

 

 

 

4.       The Proposed Density

 

Any argument for increased density needs to be supported by excellent urban design, appropriate response to the context, high quality architectural and landscape design, good amenity to all dwellings and reasonable impacts on neighbours.

 

The proposal is well over the 0.65:1 FSR and the Panel does not consider that there is justification for any increased floor area.

 

5.       Resource and Energy Use and Water Efficiency

 

The sun shading strategies need to be developed in direct response to aspect of each elevation.  Weather protection to the south and sun shading to the north should also be included.  Western bedroom windows will need sun shading.

 

Water retention for garden watering should be considered.

 

The roof design could be reconsidered to improve day lighting to the centre of the top floor apartment.

 

Ceiling fans should be provided in bedrooms.

 

Window types to living rooms should be reconsidered to allow ventilation in different weather conditions.  Bi-fold doors alone do not provide enough means to moderate or direct the breezes through the interiors.

 

The roof slab will require foam insulation covered with pebble ballast to provide effective thermal comfort to the top floor apartment.

 

6.       The Proposed Landscape

 

A landscape design by a qualified Landscape Architect is required.

 

Planting should be used to reduce the impact of the driveway.

 

Planting should be provided on the west to assist in creating privacy and sun shading to the living rooms facing the street.

 

7.       The Amenity of the Proposal for its Users

 

Although there have been some planning changes made since the Section 96 Plans the internal apartment layouts are generally in need of improvement.

 

Bathroom sizes and layouts are poor. Some of the kitchen sizes and layouts are poor

 

The location of the garbage room is poor.  It impacts on the ability of the ground floor apartment to open to the north (extremely desirable in winter) and also forces all apartment occupants to walk past the dining window of that apartment.

 

Floor to ceiling heights of 2700 mm are required by SEPP 65.

 

8        The Safety and Security Characteristics of the Proposal

 

The treatment of windows with regard to fire separation within 3000 of the boundary needs to be clarified.

 

Windows and doors to ground floor apartments should be designed to allow good cross ventilation when locked, ie the use of louvres or other window types that allow ventilation whilst providing security, should be considered.

 

9.       Social issues

 

Ground floor apartments could be considered as adaptable apartments.

 

10.     The Aesthetics of the Proposal

 

The aesthetics of the proposal are undeveloped and should be reconsidered to address climate and privacy issues as well as context and proximity. The proposal needs to increase amenity and contribute to a good quality streetscape.

 

A photomontage and information on detail, colour and materials is required to be submitted with the DA.

 

SUMMARY AND RECOMMENDATIONS

 

In order to comply with the requirements of SEPP 65 this proposal needs much further development and quality of design.  The portions of the building that are already constructed do not meet the requirements of the SEPP, therefore any new proposal needs to incorporate the repair and upgrading of those areas.  The Panel recommends that the scheme be redesigned to address all the concerns listed above.

 

The Panel considers that the current application fails to meet the required standards and principles under SEPP 65 and requires significant modification in terms of the issues addressed in this report before any consent could be recommended.

 

Apart from these issues the Panel is compelled to comment on the poor quality of the drawings.  The number of anomalies such as the extent of the roofs, the height and design of the roofs, the position of the basement ventilation louvres, the posts to the balconies, the height of the wall around car space 6, the height of the south east wall on the ground floor plan, the bin enclosure, the entry planter, size and location of windows etc. display either a lack of skill or care.

 

Despite exemption from SEPP 65 due to existing use rights on the site, it is evident from the comments received from the panel above that the development is deficient in terms of its design and the amenity that it will provide for its occupants.  The panel has also opined that the development is inconsistent with its surroundings.

 

 

8.       EXISTING USE RIGHTS

 

The Land and Environment Court has established a planning principle which sets out the criteria for the assessment of proposals on land with existing use rights.  They are listed below[1] along with an assessment of the proposal against them.

 

§  How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the proposal relate to what is permissible on surrounding sites?

 

While planning controls, such as height, floor space ratio and setbacks do not apply to sites with existing use rights; they have relevance to the assessment of applications on such sites. This is because the controls apply to surrounding sites and indicate the kind of development that can be expected if and when surrounding sites are redeveloped. The relationship of new development to its existing and likely future context is a matter to be considered in all planning assessment.

As discussed earlier in this report, the proposed building will have less than the required amount of landscaping, more than the permitted FSR and be greater in height than is permissible under the LEP for development in the Residential 2A zone.  It is important to note that Council’s DCP for Dwelling Houses and Dual Occupancies allows for erection of a dwelling house in the 2A zone to a maximum of 0.65:1.  The proposed development has a FSR of 0.9:1.  Therefore, it will be considerably greater than any permissible form of development on any of the immediately adjoining sites and any others in the area that currently contain a single dwelling.  Given that the area is predominantly occupied by single dwellings, the proposed development will be inconsistent with its surroundings.

 

§  What is the relevance of the building in which the existing takes place?

 

Where an existing building is proposed for demolition, while its bulk is clearly an important consideration, there is no automatic entitlement to another building of the same floor space ratio, height or parking provision.

 

Although a non-conforming use in the zone, the residential flat building that formerly existed on the site was more modest in terms of scale.  When compared to the proposed development, it had a lesser FSR, a lesser external wall height, provided more landscaping and had a better relationship to the adjoining properties in terms of front and rear setbacks.  That aside, it is considered that any proposal to intensify an existing use should not result in greater adverse amenity impacts that are directly attributable to the proposed development.  In this respect, the proposed development results in significant additional adverse amenity impacts on adjoining properties.  These amenity impacts are discussed later in this report.

 

§  What are the impacts on adjoining land?

 

The impact on adjoining land should be assessed as it is assessed for all development. It is true that where, for example, a development control plan requires three hours of sunlight to be maintained in adjoining rear yards, the numerical control does not apply. However, the overshadowing impact on adjoining rear yards should be reasonable.

The proposed development will have impacts in respect of overshadowing, overlooking and visual bulk and streetscape.  Each of these impacts are considered to be more significant than those that would have been created by the former building on the site or the approved development on the site.  These matters are discussed later in this report.

 

§  What is the internal amenity?

 

Internal amenity must be assessed as it is assessed for all development. Again, numerical requirements for sunlight access or private open space do not apply, but these and other aspects must be judged acceptable as a matter of good planning and design. None of the legal principles discussed above suggests that development on sites with existing use rights may have lower amenity than development generally.

 

As identified earlier, the SEPP 65 Panel undertook an assessment of the design principles of the development.  In terms of internal amenity, the Panel stated as follows:

 

Although there have been some planning changes made since the Section 96 Plans the internal apartment layouts are generally in need of improvement.

 

Bathroom sizes and layouts are poor. Some of the kitchen sizes and layouts are poor.

 

The location of the garbage room is poor.  It impacts on the ability of the ground floor apartment to open to the north (extremely desirable in winter) and also forces all apartment occupants to walk past the dining window of that apartment.

Floor to ceiling heights of 2700 mm are required by SEPP 65.

 

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     Overshadowing

 

The proposed development will have overshadowing impacts on the adjoining properties to the south and southeast (No.7 Little Street and No.442 and 444 Malabar Road).  In terms of the impact on No.7, the additional shadowing (greater than created by the former building on the site or the approved development on the site) will have the greatest impact on the area of private open space (see Figure 6) between 9am and noon.  It is noted that in the afternoon that area is in total shadow.  On that basis, apart from filtered solar access though the existing trees from 9am to about 11am, that courtyard would receive almost no solar access throughout the day during mid-winder period.

 

Figure 7: The rear yard area of No.7 Little Street as seen from the subject site

 

The proposal will also have overshadowing impacts on the rear yard areas of No.442 and 444 Malabar Road.  The shadow diagrams submitted do not accurately indicate the allotments boundaries.  However, based on an assessment of the shadows and likely location of the boundaries, it is considered that the rear yard area of No.444 Malabar Road (see Figure 7) is likely to receive less than 3 hours of sunlight during mid-winter. No.442 Malabar Road will most likely receive some solar access on, at least, part of its yard between about 10am and 1pm.

 

Figure 8: The rear courtyard areas of No.442 (foreground) and No.444 Malabar Road

9.2     Overlooking

 

The proposed development has minimal side openings and so there will be minimal adverse impact on the privacy of adjoining properties from any rooms that have openings on the northern and southern elevations. 

 

The greatest potential overlooking impact would be from the rear balconies and the rooms that have windows that face east.  The plans show that proposed development has been designed with the inclusion of planter boxes and screening devices to the rear elevation (which do not fully correlate with the northern and southern elevations diagrams) that may, if designed to prevent a direct line of sight into the rear yard areas of No.438 and 440 (see Figure 9), and 442 and 444 Malabar Road, prevent loss of privacy to those properties.  However, if that is to be the case, it is noted that the internal amenity of those dwellings at ground and first floor levels will be greatly compromised, as they will have minimal outlook and minimal access to natural light and solar access.  It is noted that those dwelling have limited northern exposure.

 

Figure 9: No.438 and 440 Malabar Road as viewed from the constructed first floor level on the subject site.

 

9.3     Streetscape

 

The proposed development is larger in overall scale than the approved development on the site and similar in scale to the former building on the site.  The approved development appears as two storeys in scale and its ridge is at RL 35.65.  The former building on the site also appeared as two-storeys to the street and the ridge of its hipped roof was at RL 37.77. The proposed development will appear to the street as three storeys and its parapet wall will be at 36.35. 

 

The former development on the site and the approved development on the site had a better streetscape presentation to the street because of two main reasons – they had a two storey appearance and they had hipped roofs.  The proposed development does not incorporate these elements and this will result in a building that will appear out of place in the streetscape.

 

9.4     Visual impact

 

The proposed development, although having essentially the same building footprint to the approved development, will have a greater visual impact when viewed from the streetscape and adjoining properties.  The proposal involves increasing the height of the building by another level which will have a greater overbearing visual impact on the neighbouring properties.  The scale of the development as it will be viewed from neighbouring properties can be partially understood at Figures 7 to 9 where pictures were taken from the constructed first floor level (the additional level is proposed).

 

From a streetscape point of view, the visual impact will be most significant in terms of its poor transition between the scale of the subject proposed development and that of the buildings on the adjoining sites, particularly No.7 Little Street which is single storey.  In that instance, the transition will be from a single storey building to a three storey building.  More than perpetuating the problem of existing incongruous scales of built form in the area, it worsens the problem as the proposed building is larger then either the former building on the site or the approved development on the site.

 

9.5     View loss

 

The proposed development is likely to have adverse impacts on views available from properties on the opposite side of the street from the subject site.  The view is over Maroubra and towards the beach and ocean. 

 

The proposed development is considerably larger in scale and height than the approved development on the site.  It is similar in overall height to the former development on the site but because the proposed development has a three storey scale, it will block view corridors that are likely to have previously existed over the sides of the hipped roof of the former building, and the pitched roof form of the approved two storey building.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

It is considered that the proposed development is excessive having regard to the approved development and the former building on the site.  The proposed development is considerably larger in scale and results in greater impacts than either the former building on the site (which is the basis of the existing use rights situation) or the approved development on the site.  The development will have additional overshadowing, visual and streetscape impacts and will have poor amenity and increased potential for overlooking.  It is recommended that Council refuse its consent to the application.

RECOMMENDATION

 

A.      THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 00007/2005 for Construction of a new three storey multi unit housing development comprising five residential units (5 x 2 bedrooms) with basement parking for 6 vehicles at 5 Little Street, Maroubra for the following reasons:-

 

1.       The proposal will compromise the amenity of the surrounding residential area and is incompatible with the dominant character of existing developments.

 

2.       The proposed development will result in adverse overshadowing impacts on the private open space areas of No.7 Little Street and No.444 Malabar Road.

 

3.       The dwellings in the proposed development have been poorly designed and will have limited internal amenity, particularly with respect to access to natural light and sunlight.

4.       The proposed development will adversely impact on the streetscape and amenity of adjoining properties in terms of visual bulk and scale and loss of views.

 

5.       The proposed development has an FSR of 0:9:1, which is considered excessive for this site and results in a building which is out of context with the dominant built form in the 2A Zone.

 

6.       The maximum height and three storey scale of the proposed building is excessive and incompatible with the predominant height of neighbouring buildings.

 

7.       The proposal does not provide adequate landscaped areas on site to soften the visual impact of the development.

 

 

ATTACHMENT/S:

 

A4 Configurations.

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

TOM HUTCHISON

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT PLANNER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

20 July, 2005

FILE NO:

D/1210/2002     

 

PROPOSAL:

 Section 82A Review of the decision to refuse Development Application No. 1210/2002 by amending the proposal to comprise a 6 level mixed use development incorporating 3 retail and 1 commercial tenancies, a total of 20 apartments and basement parking for 37 cars over two levels and a roof terrace.

PROPERTY:

 165A - 167B Maroubra Road, Maroubra

WARD:

 Central Ward

APPLICANT:

 BBC Consulting Planners

OWNER:

 Exowave Pty Ltd and Mestra Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the original application was determined by Council.

 

The original development application for the demolition of the existing single storey commercial premises and construction of a new seven storey mixed commercial and retail building containing three shops at ground level, twenty-one apartments and two levels of basement car parking was determined by Health, Building and Planning Committee at its meeting of 10 August 2004 by way of refusal.

 

The application for review changes the proposal to a six storey mixed use commercial and retail building containing three retail and one commercial tenancies, a total of twenty apartments, two levels of basement parking for thirty-seven cars, two bike store rooms and two storage areas for individual apartments and the roof terraces.

 

The revised proposal is generally consistent with Clause 42D of Randwick Local Environmental Plan 1998 and the requirements of the Development Control Plan for Maroubra Junction Town Centre, except for the minor non-compliances in terms of building envelope on the Robey Street elevation, insufficient ceiling height, apartment depth and width, car parking width and bicycle spaces. 

 

The revised proposal was referred to the Design Review Panel pursuant to State Environmental Planning Policy No. 65 (SEPP 65). The Panel raised issues in relation to landscaping on the site and the deficiency of proposed floor to ceiling height. The Panel generally supports the application in terms of its compliance with SEPP 65 and advised the application should be approved subject to appropriate conditions.

 

The design of the proposed building has been greatly enhanced by the incorporation of amendments that seek to address Council’s previous concerns and is considered to be a vast improvement to the original scheme and is generally consistent with the desired future character of the Maroubra Junction Town Centre. The additional impacts on the amenity of the adjoining and surrounding properties are considered to be reasonable and given there are a number of minor issues which need to be addressed prior to the issue of the development consent, the application is therefore recommended for approval subject to the deferred commencement conditions.

 

2.       THE REVIEW

 

The applicant seeks a review of the refusal by Council of the Development Application No. 1210/2002. The application for a review is made under Section 82A of the Environmental Planning and Assessment Act 1979, as amended.  Under Section 82A, the applicant may make amendments to the development described in the original application, subject to the provision, under subsection (4) (c) that the development remains substantially the same as originally proposed.

 

Amended plans were lodged as part of the review documents which made the following changes to the original proposal:

 

§  Reduction of the building height from 7 storeys to 6 storeys.

§  Deletion of the balconies at the rear of the building to increase the distance between the proposed building and rear boundary to 10 metres and to eliminate any potential overlooking of neighbouring properties.

§  Relocation of the kitchens in apartment Nos. 11, 18, 19 and 20 closer to windows to improve natural ventilation.

§  Canopy over the Robey Street entrance has been modified to sit at a 90 degree angle from the building to improve the physical appearance of the building at this side.

§  A broader range of apartment types to be provided which includes 2 x one bedroom units, 17 x two bedroom units and 1 x three bedroom unit.

§  Storage areas located within the two basement levels have been allocated to individual apartments.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The site comprises Lot 12 DP 844529 and includes establishments known as Nos. 165A, 165B, 167A and 167B Maroubra Road, Maroubra. The site is located on the western periphery of the Maroubra Junction Town Centre and occupies the south-eastern corner of Maroubra Road and Robey Street. 

 

The site currently contains a single storey commercial building with four shops fronting Maroubra Road.  The rear portion of the site contains an open concrete car park with driveway access from Robey Street. Uses currently located on the site include a restaurant, take-away shop, bakery and grocery store.

 

The site has an area of 752.8m² and frontages of 18.1 metres to Maroubra Road and 44.4 metres to Robey Street. The site has a slight slope downwards towards its Maroubra Road and Robey Street frontages. Levels vary by approximately 1.1 metres across the site.  Three medium-sized eucalyptus trees are located along the site’s rear (southern) boundary.

 

The site adjoins properties zoned 3A General Business to the east along Maroubra Road and to the south along Robey Street. Development to the east of the site comprises a mix of one and two storey retail and commercial buildings and the Maroubra Junction Hotel (No. 197-199 Maroubra Road), a listed heritage item. 

 

Properties immediately south of the site at Nos. 1 and 3 Robey Street were rezoned to 3A General Business by Randwick LEP 1998 Amendment No. 33, which was gazetted on 7 May 2004.  These properties currently contain a pair of single-storey dwelling houses.  Properties further south on the eastern side of Robey Street are zoned 2B Residential and include an electricity substation and a mix of one and two storey dwelling houses and townhouses. 

 

Properties on the western side of Robey Street are zoned 2A Residential and contain a mix of single-storey and two-storey dwelling houses, a church and Scout Hall. The site is also directly opposite a heritage item at 2 Robey Street.

 

Properties on the northern side of Maroubra Road opposite the site are zoned 3A General Business.  These properties contain a mix of one and two storey retail and commercial buildings, including the Maroubra Junction Police Station, Coles Supermarket and the southern frontage of Maroubra Mall.  Several large residential and commercial mixed use buildings occupy land diagonally opposite the site to the west of Bruce Bennetts Place.  These range up to twelve storeys in height. 

 

The subject site is located within Block 9 as defined by the Maroubra Junction Town Centre Development Control Plan (MJTCDCP). The Block controls for the site define a six-storey building envelope massed at the site’s Maroubra Road frontage and extending across the adjoining parcels at Nos. 169 and 171 Maroubra Road.  This envelope adjoins another six-storey envelope further east at No. 191 Maroubra Road. Other building envelopes defined for the block include a five-storey envelope over properties immediately south of the site at Nos. 1 and 3 Robey Street and a five-storey envelope within the rear portion of No. 191 Maroubra Road. 

 

The rear portion of the site is defined as comprising open space, a 6 metre-wide right of carriageway and a 1.5 metre-wide deep soil zone along the rear boundary.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

Development Application No. 1210/2002 for the demolition of the existing single storey commercial premises and construction of a new seven storey mixed commercial and retail building containing three shops at ground level, twenty-one apartments and two levels of basement car parking was refused by Council at its Health, Building and Planning Committee meeting of 10 August, 2004, for the following reasons:

 

“1.    The development proposes a building form of seven storeys in height which does not satisfy the provisions of Clause 42(D) of RLEP 1998.

 

2.       The development proposes a building height of up to 21.59 metres which does not satisfy the provisions of Clause 42(D) of RLEP 1998.

 

3.       The development does not demonstrate a satisfactory level of design quality in accordance with the principles of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development with regard to context, scale, built form, density, amenity and social dimensions.

 

4.       The development does not satisfy the objectives (a), (c), (d), (f) and (i) for the Maroubra Junction Town Centre prescribed by Clause 42D (2) of the Randwick Local Environmental Plan 1998.

 

5.       The development proposes a six-storey building form along the site’s Robey Street frontage and fails to demonstrate satisfactory regard for the urban strategy of the Maroubra Junction Town Centre Development Control Plan with regard to building height.

 

6.       The development exceeds the permissible gross floor area for the site by 1,007m² and does not satisfy the objectives of the Maroubra Junction Town Centre Development Control Plan with regard to building envelope.

7.       The development proposes a building depth of up to 41.7 metres from the site’s Robey Street frontage and does not satisfy the objectives of the Maroubra Junction Town Centre Development Control Plan with regard to building depth.

 

8.       The development constrains the ability of development on adjoining properties from satisfying the performance criteria of the Maroubra Junction Town Centre Development Control Plan for building separation and does not satisfy the objectives of the Development Control Plan with regard to building separation.

 

9.       The development proposes a rear setback of three metres and does not satisfy the objectives of the Maroubra Junction Town Centre Development Control Plan with regard to rear setback.

 

10.     The development does not satisfy the objectives of the Maroubra Junction Town Centre Development Control Plan with regard to visual privacy.

 

11.     The development does not provide all units with private open space in accordance with the minimum sizes and dimensions prescribed by the Maroubra Junction Town Centre Development Control Plan and does not satisfy the objectives of the Development Control Plan with regard to open space and balconies.

 

12.     The development does not adequately provide for the future non-residential use of the proposed first floor and does not satisfy the objectives of the Maroubra Junction Development Control Plan for flexibility.

 

13.     Proposed Units 1, 4, 9, 14 and 17 do not comply with the minimum apartment size requirements of the Maroubra Junction Development Control Plan and the development does not satisfy the objectives of the Development Control Plan for apartment layout.

 

14.     Proposed Units 1, 4, 9, 14 and 17 are inappropriate as they entail unreasonable impacts on the adjoining properties and the development does not satisfy the objectives of the Maroubra Junction Development Control Plan for apartment mix.

 

15.     The information submitted with the application is insufficient to accurately assess the environmental impacts of the proposed development with regard to the overshadowing of surrounding properties.

 

16.     The information submitted with the application is insufficient to accurately assess the environmental impacts of the proposed development with regard to the facilitation of a future right of carriageway across the property.”

 

b.       HISTORY OF SITE USAGE

 

The following Development Applications have been previously approved for the subject site:

 

 

 

 

DA No.

Proposal

Determination

Date

DA/4735/1964

3 storey residential flat building

Approved

21/07/64

DA/155/1975

Use front room as a real estate agent.

Refused

24/10/75

DA/5/1977

Erect a 2 storey commercial building containing 3 shops & restaurant.

Refused

25/03/77

DA/171/1977

To erect 2 shops and a pizza hut drive-in restaurant.

Approved

08/11/77

DA/184/1978

To use shop premises presently under construction as a hair dressing salon (167A Maroubra Road).

Approved

19/11/78

DA/24/1978

To erect a single storey commercial building containing 2 shops.

Approved

28/03/78

DA/161/1978

To use shop premises presently under construction for sale of automotive parts & accessories.

Approved

18/09/78

DA/166/1978

To convert shop (1) of exist commercial building into two smaller shops.

Approved

27/10/78

DA/229/1978

To use existing shop premises for the sale of ladies wear.

Approved

02/01/79

DA/8/1985

To convert part of the existing commercial premises as a real estate office (No. 165A).

Approved

31/01/85

DA/423/1993

Change of use to pizza delivery & take away shop.

Approved

05/11/93

DA/425/2002

Change of use to Asian grocery shop.

Approved

27/06/02

DA/683/2002

Change of use into a restaurant.

Approved

13/08/02

DA/1210/2002

Demolition of the existing commercial premises and construction of a new mixed commercial and retail building containing three shops at ground level, twenty one apartments and two levels of basement car parking.

Refused

16/08/04

 

5.       COMMUNITY CONSULTATION:

 

The application for the Section 82A Review has been notified and advertised in accordance with the Development Control Plan for Public Notification of Development Proposals and Council Plans, with one (1) submission received from A Fleming of 5 Walsh Avenue, Maroubra. The issues raised are listed below:

 

§  The variance of one floor in height will make very little difference to the overall impact of the building on the surrounding residential properties, with the added impediment of balconies facing both properties in Robey Street and the backyards of the properties on the Southern side of Walsh Avenue.

 

Comment

 

The proposal complies with the development controls for maximum building height and number of storeys for this site as identified in the MJTCDCP and is generally consistent with the desired future character of the Maroubra Junction Town Centre.

 

§  Loss of privacy by the proposed roof terrace and balconies facing Robey Street.

 

Comment

 

The proposed balconies facing Robey Street will have the potential to overlook adjoining properties to the west, however, it is considered that the area is in a transitional stage, and it if develops in accordance with the MJTCDCP, a degree of privacy invasion must be expected given the density of future development in the area.  

 

§  The proposed development will adversely affect the amenity of the adjoining existing residential dwellings.

 

Comment

 

As noted above, the proposed development is generally consistent with the requirements of the MJTCDCP, except for a number of minor non-compliances and should not result in any significant adverse impact on the amenity of the adjoining residential development.

 

§  There is already a gross oversupply of similar buildings in the immediate area.

 

Comment

 

Market forces are not a planning consideration however, it should be noted that the planning framework for the MJTCDCP envisaged sites to be redeveloped and as such provide development standards in keeping with the framework.

 

§  The potential for disaster if anyone was to throw something from the roof terrace or balconies into the nearby electricity sub-station.

 

Comment

 

This is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979.

 

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     Design Review Panel Comments

 

Council’s Design Review Panel has provided the following comments on the amended proposal:

 

“The Panel considers that this application is satisfactory if the issues listed below are adequately addressed and should be approved. The panel supports the application in terms of its compliance with SEPP 65.

 

A landscape plan should be provided detailing the treatment of the deep soil area at the south of the building.   Planter boxes and landscaping should be provided to the podium level to increase amenity and to reduce the impact of the driveway.   Street trees should also be provided.

 

The 2700 ceiling height requirement (SEPP 65) does not appear to be achievable with the current dimensions shown on the drawings; however discussion with Council officers may be able to resolve this issue. The Panel considers that a minor additional height would not have any impact on the street.

 

The application now complies with the DCP requirements, except for a minor envelope non compliance on the Robey Street elevation, however the Panel considers that the large set back from the southern boundary and heavily planted deep soil area provide sufficient amenity to the southern neighbours.”

 

6.2     Development Engineer

 

The Development Engineer has provided the following comments on the amended proposal and conditions have been provided for inclusion with any consent granted.

 

Landscape Comments

 

“On Council’s Robey Street nature strip, near the intersection of Maroubra Road, there is one Banksia integrifolia (Coastal Banksia) of approximately 4 metres in height, as well as two Cupaniopsis anacardiodes (Tuckeroo’s) of about 3 metres in height further to the south, and one Banksia integrifolia (Coastal Banksia) on the southern side of the existing vehicle crossover.

 

All four trees appear in reasonable condition and are deemed to provide a positive contribution to the streetscape as they complement existing plantings of the same species on both sides of this street, and as they are located on Council property, fall under the provisions of Council’s Tree Preservation Order.

 

The plans show these four trees as being removed in lieu of new footpath treatment and street tree planting along both frontages in order to provide a consistent design approach for the entire site.

 

As such, a relevant condition has been included requiring the applicant to cover Council’s costs for removal, replacement and loss of amenity, as well as the requirement to submit a separate design for both site frontages in accordance with Council’s guidelines for the Maroubra Junction Commercial Centre.

 

Within the site, along the southern boundary, there is a row of three Corymbia maculata (Spotted Gums) varying in height between 7-10 metres, the eastern most tree being the largest, as well as one Castanospermum australe (Blackbean) of approximately 6 metres in height, just to the west of the largest Spotted Gum.

 

All four trees are growing within a narrow garden strip, almost hard up against an existing brick wall which runs along the length of the common boundary with 1 Robey Street, with a concrete car park occupying the area immediately to the north of these trees.

 

The Blackbean appears in good condition, with its low branching habit providing effective screening between this site and the adjoining residential property to the south, 1 Robey Street, with the three Gums performing more of an amenity function due to their larger size and higher canopy cover which softens the effects of the surrounding built forms.

 

The three Gums are displaying signs of stress (as evidenced by large wounds and sap), due to the damage being caused near their bases by parking vehicles, with the plans showing the southern wall of the proposed excavated basement car park being constructed a distance of 3 metres off the southern boundary, within their drip lines, and very close to their trunks.

 

Excavation to the required depth at such close proximity would inevitably result in the loss of about 30% of each trees root plate, which is regarded as a borderline amount for the retention of these species. Given the presence of the existing wounds and signs of stress the three Gums are already exhibiting, plus the additional impact of this proposed work on all four of these trees health, condition and long term viability, removal is seen as the most practical course of action in this instance.

 

As such, a relevant condition has been included granting consent for the removal of these four trees subject to replacement canopy cover and screen planting being provided in the deep soil zone along the southern boundary of the site, as has been shown on the submitted landscape plans.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

Traffic Comments

 

The expected peak flow volume of approximately 5.8 vehicles per hour is considered low and no delays should be experienced in Maroubra Road as a result of this development.

 

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

The driveway opening at the Maroubra Road street frontage must be 5.50 metres wide (clear width).

 

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

 

Groundwater Comments

 

It is noted that the Development Engineer would normally request the applicant carry out sufficient geotechnical investigation in order to determine if a proposed new development will have any affect on, or be affected by groundwater. However, given the applicant is requesting a Section 82 review of the original determination, the Development Engineer has instead consulted available geotechnical information and found that the water table appears to be in excess of eight metres below the existing ground level.

 

Given the proposed development will involve excavation to a depth of around six metres, it would appear that groundwater is in excess of two metres below the excavation works, and hence the basement will not require tanking or waterproofing, nor will the application require referral to DIPNR as integrated development.

 

Awning Comments

 

Awnings must be not less than 3m above the footpath at any point and must be setback at least 600 mm from the kerb line.

 

Waste Comments

 

The residential waste storage area shall be sized to contain a total of 20 x 240 litre bins (10 garbage bins & 10 recycle bins) whilst providing satisfactory access to these bins.

 

Based on a weekly garbage collection, the waste requirements for the retail/commercial component of the development shall be 1 garbage bin & 1 recycling bin for each tenancy, totalling 8 bins for the proposed four shops and one commercial suite. Accordingly, the commercial waste storage area shall be sized to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins.

The submitted plans appear to demonstrate compliance with these requirements.”

 

6.3     Manager of Building and Health Services

 

The Manager of Building and Health Services has provided the following comments on the amended proposal and conditions have been provided for inclusion with any consent granted.

 

6.3.1  Environmental Health comments

 

“Key Issues

 

Acoustic amenity to occupants and neighbouring properties

 

Acoustic design criteria has been nominated (in Statement of Environmental Effects) as being capable of complying with relevant noise criteria stipulated Maroubra Town Centre DCP. Metroplan Town Planning Consultants advise that details of compliance will be submitted with the construction certificate. In the absence of a supporting   acoustic advice detailing specific design compliance, appropriate conditions have been included in this report.

 

Land contamination

 

The site history has been assessed utilising Council resources. This has not identified any potentially hazardous uses of the site. However the list is not exhaustive so the potential for contamination has not been removed. The presence of contamination on the site has not fully been discounted; no preliminary site investigation or detailed site investigations have been received with the application. Under SEPP 55, Council must consider contamination on proposed development sites, to ensure the intent of SEPP 55 is met appropriate deferred commencement conditions and consent conditions have been included in this report.”

 

6.3.2  Building Services Comments

 

Site Management:

 

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

 

Building Code of Australia (BCA):

 

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

 

Access for people with a disability:

 

The proposal does not demonstrate compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

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

 

Standard conditions could be included to address these requirements, although compliance will require changes to the design of the building to accommodate sanitary facilities, complying with the BCA and AS1428.

 

The applicant or other person having the benefit of the consent is also advised to fulfil their obligations under the DA.

 

Conclusion:

 

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

 

6.4     Heritage Planner

 

The Heritage Planner advises as follows:  

 

The subject site features a non-descript mid to late 20th century single storey commercial building.  The building is located on the corner of Maroubra Road and Robey Street with the main frontage to Maroubra Road.  The subject site is located within the vicinity of two Heritage Items.  The Maroubra Hotel is to the east along Maroubra Road while a single storey late Inter War Cottage is located towards the west at the junction of Robey Street, Walsh Avenue and Maroubra Road.  The Walsh Avenue Draft Conservation Area is also located towards the south west of the subject site.  The subject site is not directly bounded by any Heritage Items or Conservation Areas.

 

The application is for a section 82A review of a DA that was refused in August 2004.  The proposal has been amended in light of the reasons of refusal although the essential use and footprint of the development is the same. No issues relating to Heritage Conservation were raised in the refusal of the DA.

 

As the subject site is within the vicinity of Heritage Items and a Draft Conservation Area the impact of the development on the significance of those items and the area must be considered under the LEP.

 

The Maroubra Junction Hotel is considered to be sufficiently divorced from the subject site and reasonably robust in form so that development will incur no detrimental impact.

 

The Heritage Item at 2 Robey Street is part of residential precinct that is clearly distinct from the Maroubra Junction precinct in its use, form, scale and materials.  The Heritage Item clearly sits within this lower scale residential precinct which contains the Draft Walsh Avenue Conservation Area.  The impact to the Heritage Item and the Draft Conservation Area will be considered together as the issues are similar.  The Maroubra Junction precinct is identified for higher density development and a more intensive use and the proposal accords with the DCP in this regard.  The proposal may be stepped down to meet the height of the residential development although this would not be achieving the objectives of the Maroubra Junction DCP and would be considered a tokenistic gesture as it would not further enhance the setting or character of the Heritage Item or the Conservation Area.  The value of such an interface is considered negligible in regard to heritage significance.  As Robey Street and Walsh Avenue meet at Maroubra Road there is a significant spatial separation between the subject site and the Heritage Item and furthermore the two precincts in question are very different in character and therefore are easily distinguishable.  The distinction between the two precincts will be retained whether the development on the subject site steps down or not.

 

The proposal raises no concerns in regard to issues of Heritage Conservation.

 

7.       MASTER PLANNING REQUIREMENTS

 

A master plan is not required as the site is less than 4,000 sqm in area.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-        Environmental Planning and Assessment Act 1979 (as amended)

-        State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development

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

-        Randwick Local Environmental Plan 1998

-        Development Control Plan – Maroubra Junction Town Centre

-        Development Control Plan – Parking

-        Section 94 Contributions Plan

-        Rainwater Tank Policy 2003

-        Building Code of Australia

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned 3(a) General Business under Clause 13 of Randwick Local Environmental Plan 1998. The proposed development is permissible with Council’s consent. A summary of the proposal’s compliance with the relevant clauses of the LEP is included in the table below:-

 

Clause No.

Requirement

Provided

Compliance

42D(4) – Number of storeys

6 storeys (max)

6 storeys

Yes

42D(5) – Building height

21.0 metres (max)

18.8 metres

Yes

Other Clauses

Effect

Applies

Comment

40

Excavation and filling of land

Yes

See Section 9.1.1 below.

42B

Contaminated land

Yes

See Section 9.1.1 below.

42D

Maroubra Junction Town Centre

Yes

See Section 9.1.1 below.

46

Vicinity of Heritage Item

Yes – The site is located in the vicinity of two heritage items (Nos. 315 and 382).

Refer to Heritage Planner’s Comments in Sections 6.4 above.

 

(b)     Relevant State Environmental Planning Policies

 

State Environmental Planning Policies that are relevant to the proposal are:

 

·        State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development

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

 

The application of these policies to the proposal is addressed in Sections 9.1.2 and 9.1.3 below.

 

 

 

8.1     Policy Controls

The following Council policy controls are used as a guide in assessing the proposed development.

 

·        Development Control Plan – Maroubra Junction Town Centre

·        Development Control Plan – Parking

 

The application of the above DCPs to the proposed development is addressed in Section 9.2 below.

 

8.2     Council Policies

The following policies also apply to the site:

 

·        Section 94 Contributions Plan

·        Rainwater Tank Policy 2003

 

The application of the above policies to the proposed development is addressed in Section 9.3 below.

 

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     Local Environmental Planning Instrument and State of Environmental Planning Policies (SEPP)

 

9.1.1  Randwick Local Environmental Plan 1998 (RLEP)

 

Clause 40 – Excavation and filling of land

 

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land. The proposed development includes excavation for basement car parking to a depth of approximately 6.7 metres below existing ground level. A preliminary assessment of groundwater within the site was submitted with the original application and no groundwater up to a depth of 8.7 metres below ground level was identified in the report.

 

Based on the results of the preliminary assessment, the application does not require referral to the NSW Department of Infrastructure, Planning and Natural Resources as “integrated development”. 

 

The potential impacts of any site excavation on adjoining properties can be controlled through appropriate conditions of consent.

 

Clause 42B – Contaminated land

 

The site is currently occupied by a single-storey retail building containing a restaurant, take-away shop, bakery and grocery store.  The rear portion of the site is occupied by a hard surface car park. A review of the site’s application history indicates that the site is unlikely to contain contamination. However, appropriate conditions are included in this report to ensure a detailed site investigation is carried out on the site to Council’s satisfaction.

 

Clause 42D – Maroubra Junction Town Centre

 

Clause 42D(2) requires development to be consistent with the zone objectives and the objectives for the Maroubra Junction Town Centre. An assessment of the proposal in accordance with the objectives for the Town Centre is included below:

 

(a)     to achieve high quality design in all new developments and improvements undertaken in the public domain,

 

(b)     to encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality and local government area,

 

(c)     to provide opportunities for residential development in the town centre that complement the primary business function of the town centre,

 

(d)     to encourage a variety of housing forms that complements development within the town centre and do not impact adversely upon the amenity of surrounding residential areas,

 

(e)     to ensure that social and cultural needs are considered with any development proposals in the town centre,

 

(f)      to encourage and facilitate the provision of vehicular access and off-street parking to support businesses in the town centre,

 

(g)     to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in town centre,

 

(h)     to require and encourage environmentally sustainable approaches to future land use and development,

 

(i)      to improve the overall environmental quality of the Maroubra Junction Town Centre.

 

The proposal is generally consistent with the objectives of Clause 42D(2) in that:

 

§  The proposed building will have a contemporary design that visually, will be complementary to the existing development in the immediate locality.

 

§  The proposal will have positive social and economic impacts as it will increase the availability of housing in the area and will provide opportunities for people to live and work within the Town Centre. The proposal will also generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities in the Town Centre.

§  The proposed development will be compatible with the character and amenity of both the existing and likely future nearby residential/commercial development in terms of its scale, bulk, design, height, siting, landscaping, traffic generation, privacy and overshadowing.

 

§  The proposed development will enhance the range of residential accommodation available within the Maroubra Junction Town Centre.

 

§  Parking and servicing are fully accommodated within the site. Access to the site will be gained from Robey Street to prevent any disruption to the free flow of traffic on Maroubra Road.

 

§  The revised proposal represents a well designed building that would enhance the appearance of the streetscape and will make a positive contribution to the environmental quality of the Maroubra Junction Town Centre.

 

Clause 46 – Development in the vicinity of heritage items, heritage conservation areas and potential archaeological sites

 

As noted in Section 6.4 above, the application has been assessed by Council’s Heritage Planner who has found that the proposal will not have any adverse impacts on the significance of the heritage items in the vicinity of the site. As such, no heritage objections are raised to the proposed development.

 

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

 

SEPP 55 aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment. Clause 7 of the Policy states that a consent authority must not consent to the carrying out of any development on land unless:

 

(a)     it has considered whether the land is contaminated, and

(b)     if land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out, and

(c)     if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediate before the land is used for that purpose.

 

In order to ensure the intent of SEPP 55 is met, appropriate deferred commencement and development consent conditions have been included in this report.

 

9.1.3  State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65)

 

The proposal is defined as “residential flat development” for the purposes of SEPP 65.  Clause 30(2) of SEPP 65 requires the consent authority to consider (a) the advice of the Design Review Panel, (b) the design quality of the development when evaluated in accordance with the design quality principles described in the SEPP, and (c) the Residential Flat Design Code

The advice of the Council’s Design Review Panel is included in Section 6.1 above.  It is noted that this advice is limited in scope and does not address the full range of issues associated with the proposal’s non-compliance with the Block layout and design controls of the MJTCDCP. A complete assessment of the proposal in accordance with the design quality principles of SEPP 65 is included below.

 

Principle 1: Context

 

Good design responds and contributes to its context.  Context can be defined as the key natural and built features of an area.

 

Responding to context involves identifying the desirable elements of a location’s character or, in the case of precincts undergoing a transition, desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.

 

The Maroubra Junction Town Centre is a precinct undergoing transition. The desired future character for the Town Centre is defined by the Block controls and accompanying design controls of the MJTCDCP. It is considered that the revised proposal fits well into its context and is consistent with the emerging character of this part of the Town Centre.

 

Principle 2: Scale

 

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

 

Establishing an appropriate scale requires a considered response to the scale of existing development.  In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

 

The revised proposal complies with the maximum building height control of the MJTC and the scale of the revised building relates well to the existing development within the locality and will be compatible with the desired future character of the Maroubra Junction precinct. More importantly, the revised proposal is much more in scale than the original scheme.

 

Principle 3: Built form

 

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

 

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

 

The build form of the revised proposal is generally consistent with the existing and future built form within this part of the Maroubra Junction Town Centre. The revised building form has been designed to make a positive contribution to the character of the streetscape and public domain through the architectural design, articulated facades and the redevelopment of commercial and retail uses at ground level along both street frontages.

 

Principle 4: Density

 

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

 

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density.  Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.

 

The proposal achieves a density in excess of that envisaged for the site by the Block controls of the MJTCDCP.  By adhering to the building envelope controls of the DCP, development on the site could achieve a theoretical maximum gross floor area of 452.5m² for the ground floor and a combined total of 1,140.3m² for residential floors. Achieving the maximum gross floor areas is dependent on being able to satisfy detailed design criteria for apartment layout and amenity. 

 

The proposed development incorporates a combined gross floor area for the proposed residential floors of 1,920m², which exceeds the DCP’s maximum by 779.7m² (or 83%).

 

The additional density sought is housed within the proposed six-storey annex to Robey Street. The additional bulk is unlikely to have any significant adverse impact on the amenity of the adjoining neighbours in that the large setback from the southern boundary and heavily planted deep soil area will provide sufficient amenity to the southern neighbours and will be compatible with the future development on the southern side of the site as identified in the MJTCDCP.

 

Principle 5: Resource, energy and water efficiency

 

Good design makes efficient use of natural resources, energy and water throughout full life cycle, including construction.

 

Sustainability is integral to the design process.  Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

 

The proposal satisfies this principle.

 

Principle 6: Landscape

 

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

 

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways.  It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values.  It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

 

Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbour’s amenity, and provide for practical establishment and long term management.

 

The proposed landscaping is generally consistent with this principle, however, it is noted in the Design Review Panel’s comment, details of the treatment of the deep soil area to the south of the building and the landscaping at the podium level are to be submitted to Council for approval and relevant conditions have been included in the recommendation of this report in the event of approval.

 

Principle 7: Amenity

 

Good design provides amenity through the physical, spatial and environmental quality of a development.

 

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

 

The proposed development consists of a mixture of apartment sizes, including one, two and three bedrooms, suited to various market needs. All apartments’ size complies with the minimum requirement of the MJTCDCP and has a primary balcony or courtyard attached to living areas. Out of the 20 apartments, 19 have dual aspect and only one with single aspect. All apartments have been designed to ensure adequate access to natural light, daylight and fresh air. The revised proposal is considered to satisfy this principle.      

 

Principle 8: Safety and security

 

Good design optimises safety and security, both internal to the development and for the public domain.

 

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location, and clear definition between public and private spaces.

 

The building is designed to face the street and overlook streets and other public areas to provide casual surveillance of the public domain. The proposal satisfies this principle.

 

 

 

Principle 9: Social dimensions

 

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

 

New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

 

The proposal satisfies this principle.

 

Principle 10: Aesthetics

 

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.  Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.

 

The proposal satisfies this principle.

 

9.2     Development Control Plans

 

9.2.1  Development Control Plan – Maroubra Junction Town Centre

 

The subject site is located in Block 9 as defined by the MJTCDCP.  The numeric controls applying to the proposal are summarised in the table below.

 

Compliance Table - Maroubra Junction Town Centre DCP

 

Control

Required

Proposed

Compliance

3.1.3 Building Envelope

Residential floors

 

70% building envelope (max) (=1,140.3m²)

 

118% (1,920m²)

 

Does not comply

Commercial floors (ground level)

100% building envelope (max) (=452.5m²)

69.6% (315m²)

Complies

Commercial floors (above ground)

80% building envelope (max) (=333.04m²)

Not Applicable

Not Applicable

3.1.4 Building Height

No. of storeys

 

6 storeys (max)

 

6 storeys

 

Complies

Building height

21.0 metres (max)

18.8 metres

Complies

3.1.5 Building Depth

Residential floors

 

22.0 metres (max)

 

34.4 metres

 

Does not comply

 

18.0 metres glass line to glass line

15 metres glass line to glass line

Complies

Commercial floor (ground level)

25.0 metres (max)

34.5 metres

Does not comply

 

23.0 metres glass line to glass line

14.5 metres

Complies

3.1.6 Building Separation

18 metres (min) between habitable rooms + balconies

19.2 metres from the proposed south-facing balconies to the rear boundary.

Complies

 

13 metres (min) between habitable rooms and balconies/non-habitable rooms

19.2 metres from the proposed south-facing balconies to the rear boundary.

Complies

 

 

9 metres (min) between non-habitable rooms

10 metres from the southern external wall to the rear boundary.

 

Complies

3.1.7 Articulation

1 metre (min) at front & rear (above ground floor).

-

Complies

 

Balconies may extend beyond the maximum building envelope by a maximum of 600 mm, but must not extend beyond the property boundaries.

Balconies to Units 2, 5, 10, 15 and 17 extend beyond the property boundaries.

Does not comply

3.1.8 Street Setbacks

Zero setback to Maroubra Road

0 metres

Complies

3.1.9 Side and Rear Setbacks

Side Setbacks

 

0 metres

 

0 metres

 

Complies

Rear Setbacks

10.0 metres (min)

10 metres

Complies

3.1.10 Rights of Carriageway

6.0 metres (min)

The location of the proposed driveway off Robey Street is consistent with this requirement. See assessment below for further detail.

Complies

3.2.9 Block 9 Controls

Building Use

 

2 floors commercial + residential above

 

1 floor commercial + residential above

(Applicant has submitted a Commercial Uses Demand Study for Maroubra Junction)

 

Complies

4.1.1 Deep Soil Zones

Communal Open Space

 

25% of total site area (188.2m²) (min)

 

32% of total site area (240.9m²) is provided as communal open space at podium level and rooftop.

 

Complies

 

 

Deep Soil Zone

1.5 metre-wide (min) strip along rear boundary

A minimum 1.5m wide strip is provided along the rear boundary.

Complies

4.1.4 Open Space

Private Open Space

 

All dwellings to have private open space

 

All dwellings have private open space.

 

Complies

Ground level private open space

25m² (min) + dimension of 4 metres (min)

Not applicable.

Not applicable

4.2.1 Parking

 

Parking to be accommodated underground where possible.

 

Parking provided in 2 basement levels.

Complies

4.3.2 Visual Privacy

Maximise visual privacy by providing adequate building separation and rear and side setbacks.

The proposed building has a minimum setback of 10 metres from the rear boundary and has a blank wall to eliminate any potential for overlooking of the properties to the south. The balconies facing Robey Street are fitted with louvres which will also reduce the potential for overlooking of the properties on the other side of the Robey Street.

Complies

4.4.1 Apartment Layout

Apartment Size

 

 

 

 

 

1 bedroom – 50m² (min)

 

2 bedroom – 80m² (min)

 

3 bedroom – 125m² (min)

 

1 bedroom – 55m²

 

2 bedroom – 81m²

 

3 bedroom - 134²

 

Complies

 

Complies

 

Complies

Apartment Depth

Single-aspect apartments 8 metres (min) depth

Unit 3 – 8.7 metres

Does not comply

Apartment Width

Apartments over 15 metres deep is to have 4 metres (min) width

Units 6, 7, 8, 11, 12, 13, 18, 19 and 20 – 3.85 metres

Does not comply

4.4.2 Apartment Mix

Provide a mix of 1, 2 and 3 or more bed apartments.

The development comprises a total of 20 apartments including 2 x 1 bedroom units, 17 x 2 bedroom units and 1 x 3 bedroom unit.

Complies

4.4.3 Balconies

Primary Balcony Depth

 

2.5 metres (min)

 

Units 1, 4, 9, 14 and 16 – 1.9 metres

 

Does not comply

Primary Balcony Size

 

1 bedroom – 6m² (min)

2/3 bedroom – 10m² (min)

Units 3 and 6 – 18m²

Units 1, 2, 4, 5, 7 to 20 – 10m² to 12m²

Complies

4.4.4 Ceiling Heights

Ground Floor

 

First Floor

 

Floors Above

 

3.6 metres (min)

 

3.3 metres (min)

 

2.7 metres (min)

* Measured from finished floor to finished ceiling level.

 

3.6 metres

 

3.3 metres

 

2.7 metres

* Measured from finished floor to underside of the slab.

 

Does not comply

 

Does not comply

 

Does not comply

4.4.5 Corner Buildings

Buildings are to align and reflect the corner conditions and to reflect the architecture, hierarchy and characteristics of the streets they address.

The building is of contemporary design, articulated by balconies and the use of a mix of complementary building materials. The corner of the building is enhanced by the curved balconies and the canopy on the roof further establishes the hierarchy of the building form.

Complies

4.4.6 Flexibility

Future change in building use

 

Buildings are to be designed to accommodate future change in building use or configuration.

 

The first floor level of the proposed building has a ceiling level of 3.3 metres which can be easily converted to commercial spaces.

 

Complies

Building configuration

Building configurations are to utilise multiple entries and circulation cores, especially in larger building over 15 metres in length.

Separate entrances are provided for commercial and residential components within the building.

Complies

4.4.9 Internal Circulation

Safety and security

 

Optimise safety and security by grouping apartment to a maximum of 10 around a common lobby.

 

Safety and security have been optimised by limiting the maximum number of apartments around a common lobby to 7.

 

Complies

4.4.10 Storage

 

Accessible Storage

 

 

 

1 bedroom – 8m³ (min)

 

 

2 bedroom – 10m³ (min)

 

 

3 bedroom – 12m³ (min)

 

 

1 bedroom – 10.7m³ - 11.9m³

 

2 bedroom – 10m³ to 17.2m³

 

3 bedroom - 12m³

 

 

Complies

 

4.5.2 Daylight Access

 

 

 

The building configuration is to optimise northern aspect to new residential apartments where possible.

 

Living rooms/private open spaces for at least 70% of apartments to receive 3 hours (min) of direct sunlight between 9am and 3pm in midwinter.

 

16 units (80%) have northern aspect.

 

 

 

75% of the living rooms and private open spaces will receive a minimum of 3 hours direct sunlight in mid winter, between 9am and 3pm.

 

 

Complies

 

 

 

 

Complies

 

 

 

4.5.3 Natural Ventilation

Building layout is to maximum the potential for natural ventilation.

Out of the proposed 20 apartments, 19 are designed to have dual aspect of which 15 are cross-over apartments, 4 are corner apartments and 1 single aspect apartment which faces north.

Complies

4.6.1 Awnings and Signs

Awnings are to:

- Complement the height, depth and form of the desired character or existing pattern of awnings, and

- provide sufficient protection from sun and rain.

 

Awning must have a minimum setback of 600mm from the kerb.

 

 

Awnings are provided along Maroubra Road and partly along Robey Street frontage.

 

 

 

 

 

 

Awnings are 1.8m from the kerb along Maroubra Road frontage and 2.6m along Robey Street frontage.

 

4.6.2 Facades and Articulation

A satisfactory relationship between the building form and the façade, including building elements, is to be established.

The articulation of the proposed building is greatly enhanced by the variation in floor to floor height, particularly at lower level and the treatment applied to the façade with rendered concrete walls, metal fins, louvres and infill. 

Complies

4.6.3 Roof Design

Roof design is to be related to the desired built form.

Where roofs are used for open space, structures to provide shade and shelter from wind are to be incorporated into the design.

The proposed roof integrates with the overall design of the building and will also provide shade and shelter for the roof terrace.

Complies

4.7.1 Energy Efficiency

 

Residential component to achieve NatHERS rating of 4 stars (min).

 

Details of revised NatHERS rating has not been submitted with the review application.

Does not Comply

Condition of consent required.

4.7.3 Total Water Cycle Management

 

Application to include Water Cycle Management Strategy

 

 

 

AAA rated appliances and fixtures

 

-

 

 

 

 

 

-

 

Does not Comply

Condition of consent required.

 

Does not Comply

Condition of consent required.

4.7.4 Waste Management

 

Application to include Waste Management Plan

 

-

Does not Comply

Condition of consent required.

 

The above non-compliances are discussed below:

 

Building Envelope

 

The proposed variation to the building envelope is considered to be acceptable given the proposal has achieved a satisfactory level of compliance with the MJTCDCP’s requirements for building height, building separation and rear setback. The non-compliance will not result in any unreasonable level of additional overshadowing of properties to the south nor would it compromise the ability of adjoining development to comply with the MJTCDCP’s controls for building separation. The proposed is considered to satisfy the objectives for building envelope.

 

 

 

Building Depth

 

The proposed development seeks to depart from the MJTCDCP’s building envelope controls by extending the proposed building depth along the site’s Robey Street frontage. It is not considered that the bulk of the additional building depth will result in any significant adverse impacts on the amenity of the adjoining development given the proposal provides adequate setback from the rear boundary and the southern façade will be a blank wall, which poses nil visual privacy issues to the adjoining site on the southern boundary. Furthermore, the proposal will be compatible in bulk and scale with the future development on the southern side of the subject site. The proposed is considered to satisfy the objectives for building depth.

 

Articulation

 

The proposal is generally consistent with the requirements of the MJTCDCP in terms of building articulation, except for the balconies to Units 2, 5, 10, 15 and 17 which extend beyond the property boundaries. However, it is considered that the minor non-compliance is acceptable in that these balconies only extend marginally beyond the property boundaries and are located on the floors above ground floor and will not have any significant adverse impact on the visual appearance of the building and the streetscape.  

 

Building Use

 

The MJTCDCP requires the provision of two levels of retail/commercial uses within new development on the subject site.  The applicant has submitted an economic assessment to justify the proposed residential use of the first floor. Notwithstanding, the revised building has proposed higher ceiling heights on the ground and first floors which will enable these levels to change uses over time. In addition, the revised slim building cross sections will enable the use of the building for both residential as well as commercial.

 

Rights of Carriageway

 

The MJTCDCP defines a right of carriageway as traversing the rear portion of No. 165A-167B Maroubra Road. The intention of the right of carriageway is to provide future vehicle access between Robey Street and properties fronting Maroubra Road to the east of the site.

 

The optimal arrangement for the right of carriageway to be provided in accordance with the DCP’s Block controls is for driveway access off Robey Street to be located beneath a podium level area of communal open space. This maximises the open space available at the residential level and avoids conflict between vehicle access and open space. The location of the proposed driveway off Robey Street is consistent with this approach.  Furthermore, the applicant has stated that on the basis of the existing land ownership arrangement of lots adjacent to the subject site, the introduction of the proposed right of carriageway will be unnecessary under Section 88K of the Conveyancing Act 1919. Notwithstanding, should the land ownership arrangement of the adjoining lots changed in the future, a right of carriageway can still be created by using the proposed driveway.

 

 

 

Apartment Layout

 

The revised proposal consists of 19 x dual aspect and 1 x single aspect apartments. All apartments will receive adequate daylight and natural ventilation. The single aspect apartment provided on Level 2 is 8.7 metres deep, which fails to comply with the MJTCDCP requirement of 8 metres. Notwithstanding, the minor deviation is considered to be acceptable in that the majority of the living area and bedroom in that apartment faces north which will receive sufficient daylight throughout the day. It is also noted that a number of apartments have a maximum width of 3.85 metres which does not comply with the minimum requirement of 4 metres. Again, it is considered that the minor non-compliance is acceptable based on the overall design merits of the development and the internal layout of the apartments. The proposed is considered to satisfy the objectives for Apartment Layout. 

 

Balcony Depth

 

The proposed primary balconies generally comply with the minimum depth (2.5 metres) requirement of the MJTCDCP, except for the apartments on the southern side of the building which all have a depth of 1.9 metres. Notwithstanding, the primary balcony size for these apartments does comply with the minimum requirement of the DCP and therefore the minor non-compliance is considered to be acceptable.

 

Ceiling Heights

 

The proposed building fails to comply with the minimum requirements for ceiling heights. Adequate ceiling heights to the proposed building are essential to achieve high quality residential amenity and create spatial interest. An appropriate condition is included to ensure the ceiling heights are provided in accordance with the guidelines of MJTCDCP. 

 

9.2.2  Development Control Plan – Parking

 

Standard

Requirement

Provided

Compliance

Car Parking

(d)  Number of spaces

Multi Unit Housing

 

 

 

 

 

 

 

 

 

1 space per one-bedroom dwelling or bed-sitter unit over 40m² = 2 spaces

1.2 spaces per two-bedroom dwelling = 20.4 spaces.

1.5 spaces per three-bedroom dwelling = 1.5 spaces.

1 visitor space per 4 dwellings = 5 visitor spaces.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Business Premises

 

315m² @ 1 space per 40m² GFA = 7.9 spaces.

 

Total spaces required = 36.9 but say 37

 

 

 

1 car wash bay per 12 dwellings (2 bays)

 

 

 

 

37 spaces (including 2 disabled parking spaces)

 

0 bays

 

 

 

 

Complies

 

 

 

 

Does not comply (Can be required as a condition of consent)

(b) Parking layout

 

Unenclosed spaces - 2.5m x 5.5m (min)

 

End bay spaces - 3.2m x 5.5m (min)

 

 

 

Maximum ramp gradient 1:6 (16.7%) or 1:5 (20%) for long ramps greater than 20m.

2.5m-2.6m x 5.5m

 

 

2.7m-3.4m x 5.5m

 

 

 

 

10-20%

 

 

Complies

 

 

Does not comply. (Spaces 20 and 37 do not comply with the required minimum width)

 

Complies

(c) Bicycle Storage

 

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

(9 bicycle spaces)

 

Total bicycle storage area of 9.1m² provided in basement levels.

Does not comply. Bicycle storage dimensions are inadequate for accommodating 9 bicycles.

 

It is noted that two car spaces fail to comply with the requirement of the Parking DCP in terms of dimensions for end bay spaces. As such a condition is included in the recommendation, requiring the dimensions of the spaces be amended to comply with relevant development standards.

 

In terms of bicycle storage, an appropriate condition is included in this report to ensure the development complies with the requirement of the DCP.

 

The expected peak flow volume of approximately 5.8 vehicles per hour is considered low and no delays should be experienced in Maroubra Road as a result of this development. It is therefore considered that the proposal will not increase the potential for pedestrian conflict or overburden the environmental traffic capacity of the locality.

 

9.3     Council Policies

 

9.3.1  Section 94 Contribution Plan

 

The calculations for the residential component of the proposed development are set out in Figure 1 below.  Please note that given the reduction in commercial floor space, no levy is applicable for the commercial component of the proposed development.

 

 

 

          Figure 1: Levies for proposed development

 

 

Open space levy per unit ($)

Community facilities levy per unit ($)

Total ($)

2 x 1 Bedroom

2,390.50

1,057.00

3,447.50

17 x 2 Bedroom

30,478.96

13,476.24

43,955.20

1 x 3 Bedroom

2,732.00

1,208.00

3,940.00

Administrative

-

-

425.00

Total ($)

35,601.46

15,741.24

51,767.70

 

9.3.2  Rainwater Tank Policy 2003

 

Council adopted a Rainwater Tank Policy on the 15th October, 2003. The Policy encourages water conservation and reduces demand for potable (drinking) water. A condition will be applied requiring the applicant to provide appropriate measures in accordance with the Policy should approval be granted.

 

9.4     Privacy and Overshadowing

 

The proposed building will have balconies facing Robey Street which may have the potential to overlook adjoining properties to the west of Robey Street. It is considered that the area is in a transitional stage, and if it develops along the lines as identified by the MJTCDCP, a degree of privacy invasion must be expected given the density of further development. It should be also noted that the revised proposal has resulted in the removal of south facing balconies for the apartments on the southern side of the building. This has increased the building separation between the proposed building and the rear boundary and will also eliminate any potential for overlooking of the property situated along the site’s southern boundary.

 

The shadow diagrams submitted with the review application indicate that on the winter solstice morning (9am), the proposal will mainly overshadow Robey Street with some overshadowing of the front yards of the existing dwelling houses fronting Robey Street. At noon, these front yards will be free of overshadowing from the proposal with overshadowing falling mainly over a small section of the front yard of an existing dwelling to the south of the subject site. By 3.00 pm in winter, overshadowing will occur predominately on the rear yards of the adjoining properties to the south-east of the subject site. Overall, it is considered that the level of overshadowing to neighbouring properties is reasonable. 

 

9.5     Social and Economic Impacts

 

It is considered that the proposal will increase the availability of housing and promote the objectives of the zone. The effect of the proposal would be to bring more people to the site and the demographic characteristics of this population are likely to include young couples such as first home buyer, “empty nester” household, and share households. The additional population will generate additional needs for businesses, employees and patrons which will in turn encourage the location of services and facilities into the area. The increase in density is not considered to generate an unreasonable demand on the availability of services, especially given that the range of services available within the Maroubra Junction Town Centre

9.6     Site Suitability

 

The subject site is located in an established urban area surrounded by major bus routes along Maroubra Road and Anzac Parade, existing institutional, commercial and retail services within walking distance, infrastructure and community facilities in the locality. As such, the site is suitable for the proposed development.

 

9.7     Ecological Sustainable Development

 

In line with the Local Government Amendment (Ecologically Sustainable Development) Act 1997, Council requires appropriate consideration to be given to the principles of Ecologically Sustainable Development in the assessment of development applications.

 

The proposed development will be well served by public buses along Anzac Parade and Maroubra Road, linking the subject site to the CBD, Railway Square, Bondi Junction, and Randwick Junction. The introduction of residential uses close to commercial areas served by good public transport linkages is not only desirable but also in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region. The proposal would assist in encouraging the use of public transport in like with ESD principles.

 

It should be noted that the details of the revised NatHERS report has not been submitted with the review application. An appropriate condition is to be included in this report to ensure the residential development achieve a minimum NatHERS rating of 4 stars for all units.  

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The subject proposal is permissible with the consent of Council on the subject site. It is generally consistent with the provisions of the Randwick Local Environment Plan 1998. Whilst the revised proposal does not meet the numerical requirements of some of the MJTCDCP performance criteria, it has been demonstrated in this report that the objectives of the relevant requirements are satisfied in each instance. The proposal has also been assessed against the design quality principles contained within SEPP 65 and is considered to be satisfactory. The revised proposal should not result in any unacceptable adverse amenity impacts for the locality.

 

The application is therefore recommended for approval subject to deferred commencement conditions.

 

RECOMMENDATION:

 

A.      THAT Council’s original determination of Development Application No. 1210/2002, dated 10 August 2004, for the demolition of the existing single storey commercial premises and construction of a new seven storey mixed commercial and retail building containing three shops at ground level, twenty-one apartments and two levels of basement car parking at 165A-167B Maroubra Road, Maroubra, be rescinded.

 

B.      THAT Council as the responsible authority grants 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. 1210/2002 for the demolition of the existing single storey commercial premises and construction of a new a six storey mixed use commercial and retail building containing three retail and one commercial tenancies, a total of twenty apartments, two levels of basement parking for thirty-seven cars, two bike store rooms and two storage areas for individual apartments and the roof terraces at 165A – 167B Maroubra Road, Maroubra, subject to the following conditions:

 

DEFERRED COMMENCEMENT CONDITIONS

 

The consent is not to operate until the following conditions and details have been submitted to and approved by the Director of City Planning:

 

1.       A detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past and current activities and uses that may have occurred on the site.

 

The report is to be prepared in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be sufficiently detailed and be submitted to and accepted by Council’s Manager of Environmental Health & Building Services prior to the development consent operating.

 

a)       Should the Detailed Site Investigation Report demonstrate that the land and groundwater is not contaminated, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.  The report must demonstrate that any site contamination satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

The written concurrence of Council must be obtained before the deferred commencement condition can be deemed complied with.

 

b)      Should the Detailed Site Investigation Report identify that the land is contaminated and the land requires remedial works to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following matters must be complied with:-

 

i.        A Remediation Action Plan (RAP) is required to be prepared and be submitted to Council prior to commencing remediation works.  The RAP is also required to be reviewed by an independent NSW Department of Environment and Conservation (DEC) Accredited Site Auditor.

 

ii.       The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Department of Environment and Conservation (DEC), including the Guidelines for Consultants Reporting on Contaminated Sites.

 

         This RAP is to include procedures for the following:

 

·        Excavation of Hydrocarbon-contaminated soil,

·        Validation sampling and analysis,

·        Prevention of cross contamination and migration or release of contaminants,

·        Site management planning,

·        Ground water remediation, dewatering, drainage, monitoring and validation,

·        Unexpected finds.

 

          iii.      Prior to commencing any remediation works, a written statement is to be provided to the Council by the Site Auditor, which confirms that the Remediation Action Plan satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and be suitable for the intended development and use.

 

2.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape. Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning.

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent in accordance with Clause 95(3) of the Environmental Planning and Assessment Regulation 2000.

 

DEVELOPMENT CONSENT CONDITIONS

 

C.      Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of City Planning, development consent is granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

 

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered SK-3-A01/8, SK-3-A02/8, SK-2-A06/8 to SK-2-A08/8 dated 28-04-05 and received by Council on 16 May 2005 and amended plans numbered SK-2-A03A/8, SK-2-A04A/8 to SK-2-A05/8 Issue A dated 15-06-05 and received by Council on 15 June 2005, and the application form, and on any supporting information received with the application, except as may be amended by the details/amendments approved pursuant to the deferred commencement conditions and by the following conditions and as may be shown in red on the attached plans:

 

The following conditions are applied to satisfy the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

 

2.       The minimum floor to ceiling heights of the proposed development shall be amended accordingly:

 

Ground floor                               3.6 metres

First floor                                                3.3 metres

All floors above first floor            2.7 metres

 

Amended plans shall be submitted to Council showing the above floor to ceiling heights and shall clearly show dimensions as well as RLs.

 

Note: Ceiling heights are measured from finished floor to finished ceiling level.

 

3.       The external colours, materials and finishes of the proposed development shall be in accordance with the details submitted to and approved by the Director of City Planning pursuant to the deferred commencement condition.

 

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

 

5.       A single common television aerial, and/or satellite dish (having a minimum diameter of 700m and not located on the front or street elevation of the building) is to be installed to serve the development.

 

6.       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.

 

7.       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.

 

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

 

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

 

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

 

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

 

9.       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.

 

ECOLOGICALLY SUSTAINABLE DEVELOPMENT & ENERGY EFFICIENCY:

 

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

 

10.     The development must be designed and constructed to achieve a minimum energy efficiency NatHERS rating of 4 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.

 

11.     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.

 

12.     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.

 

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

 

14.     Vehicular access to the residential and commercial car parking within the development shall be readily accessible to visitors at all times. Where a security gate is provided restricting access to the basement carparking area, a suitable intercom system shall be installed adjacent to the vehicular entrance together with appropriate instructions signage to providing access to visitor spaces at all times.

 

15.     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 500mm 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 landscaping plans for the site and 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.

 

SECTION 94 CONTRIBUTIONS:

 

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

 

16.     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                                  $35,601.46

b)      for the provision or improvement of community facilities                      $15,741.24

c)       Administration fee                                                                              $     425.00

                   Total                                                                                                $51,767.70             

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

 

SUBDIVISION:

 

17.     A development application and a formal subdivision application is required to be submitted to and approved by the Council and all conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

 

PARKING & TRAFFIC MANAGEMENT

 

The following conditions are applied to provide adequate provisions for parking to the development:

 

18.     The basement car parking area must incorporate the provision of nine (9) bicycle parking spaces and must be provided in accordance with AS 2890.3 Bicycle Parking Facilities. Details of compliance with this condition are to be shown on the relevant plans for the construction certificate.

19.     Car parking within the development is to comply with the following minimum requirements:

 

a)       Each end right angle parking space is to be a minimum dimension of 5.5m x 3m clear of any structures;

b)      All car parking spaces are to be line-marked with a permanent, all weather material and must be maintained in a satisfactory condition at all times;

c)       The driveway to the basement carpark must be illuminated by using low-level lighting (i.e. bollard lighting) from dusk to dawn.

 

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

 

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

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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”.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     Fire safety notices must be provided to fire-isolated stairways, passageways or ramps in accordance with clause 183 of the Environmental Planning and Assessment Regulation 2000, at all times.

 

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

 

          Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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 above stated premises, prior to the commencement of any works.

 

36.     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.

 

37.     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:

 

38.     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 .

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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.

 

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

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.

 

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

 

a)       Prior to construction of the 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.

 

49.     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.

 

50.     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.

 

51.     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.

52.     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.

 

53.     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.

 

54.     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.

 

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

 

          Details of the proposed sediment control measures are to be detailed in a site water management plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

          Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

56.     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.

 

57.     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.

 

58.     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.

 

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

 

          A temporary safety fence is to be provided to protect the public, located to the perimeter of the site. Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

62.     Access, facilities and car parking for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 and relevant Council development control plans for the subject development, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

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

 

63.     The applicant is to engage a NSW Department of Environment and Conservation (DEC) (formerly EPA) Accredited Site Auditor. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to Council, prior to a construction certificate being issued, which confirms that the land has been remediated and the site is suitable for the intended development and use and satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

          Any additional conditions that are specified in the Site Audit Statement and Summary Site Audit Report by the EPA accredited site auditor, form part of this consent and Council must be consulted with prior to the development and imposition of any conditions.

 

64.     Remediation and validation works shall be carried out in accordance with (name of remediation plan).  Any variations to the proposed remediation works or remediation action plan shall be approved by the Site Auditor and a written statement is to be provided to the Council by the Site Auditor prior to the commencement of such works, which confirms the Site Auditors approval of the amended remediation action plan / works.

 

65.     Site remediation must be carried out in accordance with the following general requirements (as applicable):

·        Remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA) and the NSW Department of Infrastructure Planning & Natural Resources (formerly Planning NSW), Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

·        A Site Audit Statement and Summary Site Audit Report is to be submitted to Council, prior to a construction certificate [or subdivision certificate] being issued, which confirms that the land has been remediated and the site is suitable for the intended development and use and satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

·        The Environmental Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns (for example, the potential effects on wildlife) and the protection of ground and surface water.

 

·        The remediation of the site including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards.

 

·        Any variations to the proposed remediation works or remediation action plan shall be approved by the Site Auditor and a written statement is to be provided to the Council by the Site Auditor prior to the commencement of such works, which confirms the Site Auditors approval of the amended remediation action plan / works, and

 

·        Should any underground tanks be discovered they shall be removed in accordance with relevant NSW DEC/EPA Guidelines; Australian Institute of Petroleum’s (AIP) Code of Practice for the Design, Installation and Operation of Underground Petroleum Storage Systems (CP4-1998); and WorkCover NSW requirements. In the event of of conflict between AIP Code of Practice and WorkCover requirements the latter shall prevail.

 

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

 

·        On-site land farming of contaminated soil is not permitted, except with the written approval of Council’s Manager of Environmental Health & Building Services.

 

·        Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

·        A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. A copy is to be forwarded to Council. The Site Remediation Management Plan shall include measures to address the following matters:

 

·       general site management, site security, barriers, traffic            management and signage

·       hazard identification and control

·       worker health & safety, work zones and decontamination      procedures

·       cross contamination

·       site drainage and dewatering

·       air and water quality monitoring

·       disposable of hazardous wastes

·       contingency plans and incident reporting

·       details of provisions for monitoring implementation of             remediation works and persons/consultants responsible

 

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

 

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

 

·        Remediation work shall be conducted within the following hours:

 

·       Monday – Friday     7am – 5pm

·       Saturday                  8am – 5pm

·       No work permitted on Sundays or Public Holidays

 

·        A sign displaying the contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the site access.  This sign shall be displayed throughout the duration of the remediation works.

 

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

 

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

 

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

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

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

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

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

 

67.     The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

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

 

68.     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.

 

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

 

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:

 

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

 

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

 

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

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

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

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

 

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

 

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

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

 

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

 

71.     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.

 

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

 

Security Deposit Conditions

 

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

 

73.     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

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

 

          The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

 

Traffic Conditions/Civil Works Conditions

 

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

 

74.     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 Robey Street.

 

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

 

c.       Reconstruct any damaged sections of kerb and gutter in both Maroubra Road and Robey Street.

 

d.       Reconstruct a full width footpath along the Maroubra road site frontage, in accordance with the Urban Design Guidelines for Maroubra Junction.  The landscape design shall include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

e.       Reconstruct any damaged sections of concrete footpath along the Robey Street site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

75.     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.

 

76.     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.

 

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

 

78.     The driveway opening at the Maroubra Road street frontage must be 5.50 metres wide (clear width).

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

 

80.     New awnings must be not less than 3m above the footpath at any point and must be setback at least 600mm from the kerb line.

 

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

 

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

 

Alignment Level Conditions

 

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

 

82.     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:

·        Maroubra Road: Match the back of the existing concrete footpath along the full site frontage

·        Robey Street: 20mm above the back of the existing concrete footpath, along the full site frontage.

 

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

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

 

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

 

84.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1931 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

 

 

Service Authority Conditions

 

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

 

85.     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.

 

86.     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.

 

87.     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.

 

88.     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.

 

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

 

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

 

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

 

          The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

Drainage Conditions

 

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

 

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

 

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

 

b)      A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

91.     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.

 

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

 

a.       The underground drainage system in Maroubra Road and/or Robey Street, via a new and/or existing kerb inlet pit; 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.

 

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

 

94.     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.

 

95.     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.

 

96.     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.

 

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

 

98.     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

 

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

 

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

 

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

 

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

 

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

 

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

 

104.   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.

 

105.   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.

 

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

 

Notes:

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

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

 

107.   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.

 

108.   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).

 

109.   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.

 

Waste Management Conditions

 

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

 

110.   The residential waste storage area shall be sized to contain a total of 20 x 240 litre bins (10 garbage bins & 10 recycle bins) whilst providing satisfactory access to these bins.

 

111.   The commercial waste storage area shall be sized to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins.

 

112.   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.

 

113.   The waste storage areas shall be clearly signposted.

 

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

 

Landscape Conditions

 

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

 

115.   Landscaping at the site shall be installed substantially in accordance with the Landscape Concept Plans prepared by EMD Landscape Architect, drawing number LA 1001, revision C, dated 05/01/05, LA 1002 revision C, dated 03/01/05 and LA 1003, revision B, dated 03/01/05, subject to the following additional requirements and information being provided prior to the issue of a construction certificate:

 

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

 

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

 

c.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm. Planter box details shall be shown on the landscape plans submitted for the construction certificate application.

 

d.       The width of the planter boxes proposed for the first floor and rooftop terraces shall be amended to show a minimum width of 2 metres, as the 1 metre width currently shown is deemed insufficient area to accommodate the root mass, as well as providing adequate anchorage and stability for a tree species which will attain dimensions in the order of 6 metres in height by 4-5 metres in width.

 

e.       Addition of a planter box along the eastern edge of the proposed paved courtyard on the first floor to match up with the proposed planters.

 

f.        Addition of planter boxes on the northern and southern sides of the fire stairs and lift shaft proposed at the western edge of the rooftop terrace.

 

 

116.   The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

 

117.   The applicant shall submit a landscape design for the Maroubra Road and Robey Street frontages of the development in accordance with Council’s Urban Design Guidelines for the Maroubra Junction Commercial Centre. The landscape design may include pavements, seat installations, bins, trees, tree grates and tree barriers as required by Council’s Landscape Architect – 9399 0915.

 

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

 

          All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

 

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

 

          A refundable deposit in the form of cash or cheque of $6,000 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the construction of the approved landscape works along the Maroubra Road and Robey Street frontages.

 

118.   To ensure satisfactory maintenance of the landscaping, an automatic drip irrigation system shall be installed throughout all planted areas. The applicant will be required to demonstrate, to the satisfaction of the certifying authority, that this system has been connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all Sydney Water requirements.

 

119.   Any substation required shall be screened from view. The proposed location, elevation and method of screening shall be shown on all detailed landscape drawings and specifications.

 

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

 

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

 

Tree Management

 

121.   The following street tree security deposit requirement is to be complied with prior to a construction certificate being issued for the development,

 

$5000.00    -      Street Tree Security Deposit

 

          The street tree security deposit may be provided by way of cash, cheque or bank guarantee (with no expiry date) to Council, subject to the applicant making total payment for Council or a council approved subcontractor to:

 

a.       Remove the two Banksia integrifolia (Coastal Banksia’s) and two Cupaniopsis anacardiodes (Tuckeroo’s) on the Robey Street nature strip (1,100.00 inc GST), and

 

b.       Supply and install 5 x 45 litre Cupaniopsis anacardioides (Tuckeroo’s) along the Robey Street frontage, and 3 x 45 litre (Banksia integrifolia, Coastal Banksia’s) on the Maroubra Road frontage at the completion of all works ($1,276.00 inc GST), and

 

c.       To reimburse Council for the costs of originally planting these trees as well as to compensate for the loss of amenity from the streetscape caused by their removal ($2,277.00) no GST.

 

          The applicant is to obtain a written quote from Council anytime after obtaining a construction certificate. The applicant shall contact Council’s Landscape Officer on 9399 0613 or 9399 0609 to obtain the written quote for the removal of the street trees.

 

          The contribution shall be paid at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

122.   A refundable deposit in the form of cash or cheque, or bank guarantee (with no expiry date) for the amount of $4,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1                     -   Structural provisions

b)      Part C1                     -   Fire resistance and stability

c)       Part C3                     -   Protection of openings

d)      Clause C3.2&C3.4   -   Protection of openings in external walls

e)       Part D3                     -   Access for people with disabilities

f)       Part E1                      -   Fire fighting equipment

g)       Part E2                      -   Smoke Hazard Management

h)       Part E3                      -   Lift Installations

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

j)       Part F1                      -   Damp and weatherproofing

k)      Part F2                      -   Sanitary and other facilities, in particular, WC’s for                                   employees and people with disabilities

l)        Part F4                      -   Light and ventilation

m)      Part F5                      -   Sound Transmission and Insulation

 

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

 

          You are advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

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

 

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

 

3.       In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (inc GST) prior to any further inspections being carried out.

 

4.       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.

 

 

ATTACHMENTS:

 

1.  A4 configuration plans

2.  Development Application Report dated 23 July 2004

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 July, 2005

FILE NO:

D/0168/2005

 

PROPOSAL:

 Alterations and additions to the existing Heritage Item to include a 4th floor and its adaptive re-use and conversion into commercial floor space, and demolition of adjoining building to the west, and construction of a new 5 level retail/commercial building and strata sub-division.

PROPERTY:

126-128 Avoca Street, Randwick

WARD:

West Ward

OWNER:

 

APPLICANT:

Carbel Pty. Limited

 

Carbel Pty. Limited

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

1.       EXECUTIVE SUMMARY

 

The application is referred to Council as it has been requested by Councillors Murray Matson, Margaret Woodsmith and Bradley Hughes.

 

The proposal is for the alterations and additions to the existing Heritage Item to include a new 4th floor and its adaptive re-use and conversion into commercial floor space, and demolition of adjoining building to the west, and construction of a new 5 level retail/commercial building with basement carparking for 5 cars and strata subdivision.

 

A previous development application, DA No. 263/2004, was approved for a similar proposal on the subject site on 10 November 2004. The current DA initially modified the approved scheme by deleting the basement level car parking and increasing the retail and commercial space in the addition to a maximum FSR of 3.14:1 (gross floor area of 1,292.4sqm). Following concerns raised by Council’s officers, the applicant has amended the proposal by reinstating the basement carpark and reducing the floor area to an FSR of 3.06:1 (gross floor area of 1,258.5 sqm).

 

The applicant is relying on the provisions of Clause 47 - Conservation Incentives of the Randwick LEP 1998 to allow the GFA of the heritage items and vary the development standards applicable to the site. Under clause 47, Council must be reasonably satisfied that the necessary funding for the immediate and ongoing conservation of the heritage item would not be available unless the development is allowed to proceed.  The applicant has demonstrated to Council that the conservation of the heritage item depends on the granting of consent for the proposed development. In addition, the proposed development will not adversely impact on the existing heritage building or detrimentally affect the amenity of the locality in which the heritage item is situated.  As such, it is considered that the proposed development represents an appropriate use of clause 47 and there is adequate justification for the relaxation of the FSR standard. The applicant has also submitted a SEPP No. 1 objection to the proposal given the non-compliance with the FSR standard. An assessment of the SEPP 1 objections lodged with respect to the non-compliance indicates that strict compliance with the control would be unreasonable and unnecessary, and that the objections are considered to be well founded. Under Draft Amendment No. 39 to the Randwick LEP 1998, the provision for excluding the FSR of heritage items from the calculation of overall FSR for proposed developments is proposed to be deleted. Notwithstanding this amendment, the proposed development is not considered to be inconsistent with the Draft LEP as the subject proposal will not result in any further impacts on the heritage item or the surrounding heritage conservation area in comparison to that which has been approved under DA No. 263/2004. It should be noted that the applicant had also relied upon the heritage incentives clauses of the Randwick LEP in the previous DA No. 263/2004, which was found to be justified in terms of the controls/criteria set in Clause 47.  

 

The proposal also does not comply with the maximum building height control to which the applicant has submitted another SEPP No 1 objection. The objection has been well-founded indicating that strict compliance with the control would be unreasonable and unnecessary. It should be noted that the previously approved development under DA No. 263/2004 contained a similar breach in the FSR that was supported by a SEPP No.1 objection.

 

The proposal does not comply with the carparking requirements of Council’s DCP – Parking with a shortfall of 9 carparking spaces. Appropriate justifications have been provided by the applicant’s traffic consultant, which have been found to be reasonable and acceptable. Furthermore, a Section 94 contributions charge for the shortfall will be applied should approval be granted.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

The proposal comprises the following:

 

·        Adaptive re-use and conversion of the existing part-two and part-three storeys Victorian building located at No. 126-128 Avoca Street (identified as a heritage item under the Randwick LEP 1998) into commercial office space comprising 2 shops and 5 commercial suites. The building will be altered and a new fourth floor level will be added for commercial use. The applicant is relying on the provisions of Clause 47 - Conservation Incentives of the Randwick LEP 1998 to allow for an exclusion of the gross floor area of the heritage item from the calculation of the gross floor area of the proposed development.

 

·        Demolition of the existing two-storey commercial building at No. 199-201 Alison Road and construction of a new five storey retail/commercial building containing 3 shops, 10 commercial suites and basement carparking for 5 cars.

 

Vehicular access to the carpark will be via Greenstead Lane linking into an entrance served by a car lift to the basement garage.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on southern side of Alison Road between Avoca Street and Greenstead Lane and forms the south-western corner of Alison Road and Avoca Street. It comprises two allotments (Lots A and B in DP 913620) at No. 126-128 Avoca Street and No. 199-201. The site has a frontage to Avoca Street of approximately 11.2m, a frontage to Alison Road of 36.6m, and a frontage to Greenstead Lane of approximately 11.22m.

 

Existing on the site are two buildings:

 

·        A part-two and part-three storey Victorian building at No. 126-128 Avoca Street which has been identified as a Heritage Item under the Randwick LEP 1998 and contains shops on the ground level, commercial suites and residential units above. There is also a two storey brick garage at the rear.

 

·        A part-two and part-three storey brick building containing mixed commercial and residential uses at No. 199-201 Alison Road.

 

The Randwick Junction Precinct is characterised by a mixture of both residential and commercial development. To the east, on the opposite side of Avoca Street, is the Coach and Horses Hotel and adjacent to the hotel is a two storey commercial building containing restaurants at ground level. To the south directly adjoining the site is a three storey mixed commercial/residential building fronting Avoca Street.  To the west on the opposite side of Greenstead Lane is Marcellin College. To the north on the opposite side of Alison Road, is the old Post Office building and adjacent to it is a Telstra substation building and a series of contemporary commercial buildings.

 

4.       SITE HISTORY

 

4.1     APPLICATION HISTORY

 

DA 263/2004 was approved on 10 November 2004 for a proposal largely similar to that contained in the subject proposal and comprising adaptive re-use and conversion of the existing part-two and part-three storeys Victorian building located at No. 126-128 Avoca Street (identified as a heritage item under the Randwick LEP 1998) into commercial office space including addition of a new fourth floor level for commercial use based on the provisions of Clause 47 - Conservation Incentives of the Randwick LEP 1998 and demolition of the existing two-storey commercial building at No. 199-201 Alison Road and construction of a new five storey retail/commercial building containing 3 shops, 10 commercial suites and basement carparking for 5 cars.

 

Prior to the approval of DA 263/2004, the following consents were granted separately for the premises at No. 126-128 Avoca Street:

 

·        DA 950/2003 for Strata sub-division into 15 new lots approved on 4 February 2004.

 

·        Section 96 modification of DA 950/2003 to delete a number of conditions of consent was approved on 6 August 2004

 

There is no relevant development history applicable separately to No. 199-201 Alison Road prior to DA No. 263/2004.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with Council’s DCP – Public Notification. No submissions were received in response to the notification/advertising of the proposal.

 

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 Comments

 

The Manager of Environmental Health and Building Services advises as follows:

 

“Key Issues

 

 

 

Land Contamination

 

The existing building on site is a residential/commercial premises and the statement of environmental effects does not reveal that a contaminating activity is occurring on site or has occurred on site in the past.  It is therefore considered that a preliminary investigation is not required in accordance with SEPP 55 and Council’s Contaminated Land Policy.

 

Acoustics

 

Standard conditions in relation to noise from plant and equipment need to be attached to the consent as the proposed development is to be entirely commercial.

 

Further assessment of each proposed commercial use and the proposed impact on the surrounding environment will be addressed upon the submission of subsequent development applications.

 

RECOMMENDATION

 

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

 

6.2     Building Comments

 

The Manager of Environmental Health and Building Services advises as follows:

 

BCA Building Classification

 

Class          -    6          (Retail/Shops)

Class          -    5          (Offices)

 

Background

 

The existing building on site is a mixed pre war Victorian building with a post war brick office building attached to the rear.

 

Key Issues

 

Site Management:

 

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

 

Building Code of Australia (BCA):

 

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

Access for people with a disability:

 

The proposal appears to demonstrate compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

Conclusion:

 

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

 

RECOMMENDATION:

 

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

 

6.3     Heritage Comments

 

Council’s consultant Heritage Planner advises as follows:

 

“The subject site is a three storey late Victorian commercial building that is listed as a heritage item on the LEP.  A previous application for major alterations and additions to the building was approved (DA263/2004).  The current DA initially modified the approved scheme by deleting the basement level car parking and increasing the retail and commercial space in the addition.  Councils Heritage Planner commented on the DA in May 2005 concluding that,

 

“The proposal will detract from the heritage value of the Randwick Junction Conservation Area, from the surrounding heritage items on the Alison Road/Avoca Street corner, and will detract from the heritage value of the heritage item which comprises 126-128 Avoca Street, Randwick.” 

 

Reasons given are based on the floor space of the proposal which exceeds the control for the area and will result in an uncharacteristic and intrusive element.  The original application sought the approval using a Heritage Incentives Clause of the LEP but under Draft LEP 39 the incentives clause has been removed and therefore the floor space of the heritage item must be included in the calculations.

 

An amendment to the current DA has been submitted where by the basement car parking, identical to that approved under DA263/2004, has been reinstated and the total floor space area has been reduced marginally from that originally submitted.  However, compared to the approved application the total floor space has been increased with levels 2, 3 and 4 extended into the light well to the south.

 

The form and character of the additions and their relationship to the existing Heritage Item fabric has not deviated significantly from that which was approved.  The additional floor space is located away from the street and will not be visible nor will it increase the visual bulk of the additions in comparison to the approved scheme.  The proposed additions will not affect the relationship between the heritage item, the other nearby heritage items or the streetscape.

The heritage incentives clause in the LEP only allows for the floor space to be discounted where the will be no impact to the Heritage Item, the conservation of the item is dependant upon the development and the amenity of the local area will not be affected.  The floor space of the heritage item was discounted in the approved scheme to allow the development and hence there was considered to be no impact to the heritage item or the amenity of the local area.  As discussed the change in floor space between the approved and proposed schemes is minimal and is located so that it will not be apparent.  Although the Heritage Incentives clause and consequently the allowable Floor Space have been modified the form, massing, scale, bulk, style or materials of proposed building and therefore the impact has not been altered.

 

Therefore, while the proposal may exceed the floor space ratio under Draft LEP 39 there is considered to be no further heritage impact to the item or the area resulting from the amended application in comparison to that which has been approved.  It is recommended that the conditions relating to heritage conservation in the earlier consent (DA263/2004) are maintained or re-conditioned in any consent for this application.”

 

6.4     Development Engineers Comments

 

The Development Engineer advises as follows:

 

“An amended application has been received for the ‘adaptive reuse’ of the existing heritage listed building, as well as alterations and additions to the existing building at the rear of the above site, to provide a total of 5 retail tenancies and 15 commercial suites, with basement carparking for five vehicles. Strata subdivision of the premises into 20 allotments is also proposed.

 

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

 

Letter from SPD Town Planners dated 14 July 2005 (incorporating waste management calculations from the Architecture Company);

Correspondence from Masson Wilson Twiney dated 23 February 2005;

Drawing No DA 01 (Issue J) by The Architecture Company, dated 14 July 2005; and

Correspondence from NW Parking Systems, dated 24 February 2005

 

Landscape Comments

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

 

Drainage Comments

On site stormwater detention is required for the redeveloped portion of the site.

 

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

 

Traffic Comments

 

The Planning Officer should ensure that the proposed parking provisions are adequate; of particular concern is that the proposed number of spaces in the basement carpark appears to be far below that required by Council’s DCP – Parking.

 

As the proposed vehicular access is within approximately 11 metres of Alison Road (a state road), it is recommended that the application be referred to the RTA for consideration. Any relevant RTA conditions/requirements should be incorporated into any development approval issued.

 

Vehicular Access

 

Vehicular access to the site is proposed from Greenstead Lane, which is a narrow ‘No Through Road’. No Parking restrictions currently apply along both side of the Laneway, however, given that the total width of the lane is only some 5.5 metres wide (with a carriageway width of about 4.5 metres) passing in the lane may be difficult.

 

Queuing in Greenstead Lane

 

A car lift is proposed at the entrance to the subject property. Given the narrow width of the laneway, concerns are raised that vehicles waiting to use the car lift will block the laneway and potentially cause queuing in the lane (particularly if they do not pull right to the edge of the lane while waiting). The presence of a power pole in Greenstead Lane opposite the proposed driveway will further contribute to passing difficulties.

 

The applicant’s traffic consultant has submitted information regarding the possibility of queuing in Greenstead Lane. The submitted correspondence from Masson Wilson Twiney indicates that the probability of a vehicle needing to wait in Greenstead Lane is 2%, with only a 0.4% probability of 2 vehicles waiting.

 

Further to the above, the consultant has stated that vehicles accessing other properties in Greenstead Lane should be able to pass a vehicle waiting to gain access to the development site, ‘unless it parks badly and not to one side of the lane’. The consultant has suggested there be a sign located on the door of the carlift stating “If lift is occupied – park at side of lane”.

 

‘No Parking’ restrictions currently apply in the laneway, consequently, the wording of the signage would need to read ‘If lift occupied, move vehicle to side of laneway while waiting’. The Development Engineer has included a condition in this report requiring the installation of such a sign.

 

Given the above arrangements to facilitate passing in the laneway, combined with the low number of vehicles that would need to queue to access the car lift, it appears that the probability of vehicles queuing back to Alison Road at any time is very low.

 

 

 

 

 

Turning Movements into Site

 

In response to concerns raised regarding access from the narrow laneway into the car lift, the applicant’s traffic consultant has submitted a turning manoeuvre diagram showing a B99 vehicle turning into the site from Greenstead Lane.

 

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

 

Mechanical Car lift

 

The Development Engineer does not support the use of mechanical carlifts or turntables. However, the following comments are provided should the Planning Officer consider approving the application in its current form.

 

The applicant has submitted details regarding operation of the carlift and turntable. It is noted that the information appears to address areas of concern commonly raised by the Development Engineer, including: lift capacity, entrance signage, operation of photoelectric cells, operation of the deadman switch, manual operation of the carlift in the event of an electrical failure (and procedures for repair in the event of mechanical failure), Waiting and Working times, instruction manuals and user training, and maintenance schedules.

 

With regard to the submitted information concerning maintenance schedules, it is noted that the applicant stated they would be willing to accept a condition of consent, requiring them to enter into a service contract with the supplier of the car lift. Such a contract would likely involve monthly service calls, as well as a guarantee of 24 hour service in the event of mechanical failure. It is recommended that the Planning Officer include the following condition in the development consent should the proposed carlift be approved:

 

Prior to the issuing of an occupation certificate, the applicant shall enter into a service contract with the supplier of the carlift. This contract shall include but not be limited to the provision of a technician to attend the site and perform monthly service calls, as well as provide 24 hour service to repair the carlift in the event of mechanical failure.

 

In response to safety concerns raised regarding operation of the carlift, the applicant has provided details (refer to letter from SPD Town planning dated 14 July 2005) regarding how it is proposed to ensure that there is no pedestrian or vehicular access to the void area above the lift when the lift is in the basement, or access below the lift when the lift is at ground level.

         

It is noted that the submitted plans show a ‘traffic signal to be installed in the laneway to council’s specifications’. Details of the proposed traffic signals have not been provided, however, it is understood from the traffic report that the signals are required to indicate when the car lift is in operation. The Development Engineer notes that any traffic signals shall be located wholly within the site NOT in Greenstead Lane, and accordingly, a condition has been included in the report stating this.

 

 

Splay Corner comments

 

To improve visibility at the intersection of Greenstead Lane and Alison Road, a minimum 1.5 metre x 1.5 metre splay corner shall be provided at ground level at the intersection of Greenstead Lane and Alison Road. There shall be no walls or planting higher than 600mm located within the splay corner. The submitted plans appear to demonstrate compliance with this requirement.

 

Waste Comments

 

Retail Tenancies

 

Based on a weekly garbage collection, the waste requirements for the retail component of the development shall be 1 garbage bin & 1 recycling bin for each retail tenancy, totalling 10 bins for the proposed five shops. The letter from SPD Town Planners dated 14 July 2005 indicates that a twice weekly garbage collection will be adopted, consequently the bin storage area may be sized to contain a total of 6 x 240 litre bins.

 

Office Suites

 

The waste requirements for the office suites shall be determined based on the following approximate demands:

 

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

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

 

The letter from SPD Town Planners states that the total floor area of the office suites will be 683.8m2, and that the corresponding bin storage area requirements will be 1 x 360 L bin for garbage and 4 x 240 L bins for recycling.

 

The amended level 1 plan shows adequate space being provided for 6 x 240 litre bins for the retail areas and 1 x 360 L plus 4 x 240 L bins for the office suites.

 

The proposed waste storages areas appear to be adequate provided that a twice weekly garbage collection is provided.

 

Groundwater Comments

 

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.

 

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

 

 

 

Awning Comments

 

Awnings must be not less than 3m above the footpath at any point and must be setback at least 600mm from the kerb line.

 

Should the application be approved appropriate conditions shall apply.”

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

7.1     Randwick Local Environmental Plan 1998

 

The site is zoned General Business 3A under the Randwick LEP 1998 and the proposal is permissible with Council’s consent. 

 

The following table indicates the proposal’s compliance with the numerical controls:

 

CONTROL

Requirement

Provided

Compliance

32(1) – FSR

2:1

 

3.06:1

or

1.63:1 (excluding heritage item pursuant to Clause 47 of RLEP 1998)

 

Yes (excluding heritage item pursuant to Clause 47 of RLEP 1998)

 33 (2)– Building Height

12m

 

Max. 14.36m to top of Level 4 roof over the proposed new building at 199-201 Alison Road.

 

No (SEPP 1 Objection submitted)

 

The following relevant clauses also apply to the proposal (and are addressed in detail in Section 10.1 below):

 

·        Clause 40  -  Excavation and filling of land

·        Clause 43 – Protection of heritage items, heritage conservation areas and relics

·        Clause 47 – Conservation Incentives

 

7.2     Draft Randwick Local Environmental Plan 1998 (Amendment No. 39)

 

Draft Amendment No. 39 to the RLEP was adopted by Council at its meeting on 7 December 2004.  The Draft LEP Amendment primarily will update Council’s heritage provision and guidelines applying to both heritage items and heritage conservation areas. Whilst the Draft LEP will not change the status of the heritage item on the subject site nor that of the surrounding Randwick Junction heritage conservation area, it will remove the incentives clause 47 of the Randwick LEP 1998 such that the floor area of heritage items will be required to be included in the calculation of overall FSR. Council’s heritage planner has assessed the current proposal and considers that, while the proposal may exceed the floor space ratio of what would be required under Draft LEP 39, there would be no further heritage impact to the item or the area resulting from the amended application in comparison to that which has been approved. The change in floor space between the approved and proposed schemes is minimal and is located to the rear of the subject site so that it will not be apparent.  Although the Heritage Incentives clause and consequently the allowable Floor Space would be modified under Draft LEP 39, the form, massing, scale, bulk, style or materials of the proposed building and, therefore, the impact has not been altered (see the Heritage Planner’s comments in Section 6.3 above). 

 

8.       POLICY CONTROLS

 

The following Development Control Plans (DCPs) applicable in the subject site:

 

8.1     Development Control Plan – Randwick Junction

 

The proposal generally complies with the requirements of the DCP – Randwick Junction (in relation to solar access, privacy, safety and security, and building character) with the exception of the following controls:

 

Required

Provided / Proposed

Y / N

1. All vehicular access points and servicing areas are to be provided in accordance with DCP – Parking.

1. Turntable in basement carpark to facilitate manoeuvring of cars.

No

2.  Carparking to be provided at the rates required by the DCP – Parking.

 

2. Five carparking spaces 

 

No

 

These non-compliances are addressed in Sections 9.2.2 below.

 

8.2     DCP - Parking

 

The application of the DCP – Parking is addressed in Section 9.2.2 below.

 

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     Statutory Controls

 

9.1.1  Randwick Local Environmental Plan 1998

 

9.1.1.1        Clause 40  -  Excavation and filling of land

 

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land.  The proposal will involve excavation for a basement carpark under the proposed building at No. 199-201 Alison Road. This work will not result in any significant impact on the topography of the site, is unlikely to interrupt the drainage patterns of the site or result in soil instability and will not adversely impact upon the scenic quality of the site and locality. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

9.1.1.2        Clause 43 - Protection of heritage items, heritage conservation areas and relics

 

Clause 43 of the RLEP relates to protection of heritage items and heritage conservation areas.  The subject site contains a heritage item at No. 126-128 Avoca Street and lies within the Randwick Junction heritage conservation area. The site has been the subject of a Heritage Impact Assessment prepared by Graham Brooks and Associates which has been assessed by Council’s heritage planner.  Council’s heritage planner raised concerns regarding the initial DA proposal which was proposed at a higher FSR indicating that  “the floor space of the proposal which exceeds the control for the area and will result in an uncharacteristic and intrusive element”. The applicant has subsequently amended the proposal at a reduced FSR which the heritage planner finds acceptable indicating that the form and character of the additions and their relationship to the existing Heritage Item fabric would not deviated significantly from that which was approved under DA 263/2004. Furthermore, the additional floor space proposed under the current DA will be located away from the street and will not be visible nor will it increase the visual bulk of the additions in comparison to the approved scheme. Accordingly, the heritage planner advises that the proposed additions will not affect the relationship between the heritage item, the other nearby heritage items or the streetscape.

 

9.1.1.3        Clause 47 – Conservation Incentives

 

Clause 47 of Randwick LEP 1998 states:

 

(1)     Despite any other provision in this plan, the Council may, in respect of a heritage item, grant development consent for any purpose, but only where it is satisfied that:

 

(a)     the proposed use would not adversely affect the amenity of the locality in which the item is situated or the heritage significance of the item, and

 

(b)     the conservation of the heritage item depends on the granting of the consent.

 

(2)     When considering an application for consent to erect a building on land on which a heritage item is located, the Council may, for the purpose of determining the floor space ratio, and whether the proposed development will meet the landscaped area and parking requirements, exclude the gross floor area of the heritage item from its calculation of the  floor space ratio of the proposed development, but only where the Council is satisfied that the conservation of the heritage item depends on it making the exclusion and the amenity of the locality in which the item is located will not be adversely affected.

 

The purpose of clause 47 is to introduce incentives to encourage the conservation of heritage items. In order to satisfy Council that the conservation of the heritage item depends on the granting of consent involving a relaxation of the Floor Space Ratio standard, the applicant has submitted an economic assessment prepared by the Applicant’s accountant. The assessment assessed the following schemes:

 

Scheme 1 – Maintain existing FSR of 1.98:1 and existing GFA of  812.3 sqm

 

§  Cost of Works = $795,000.00

§  Forecast rental = $18,500.00 gross per month (increase in revenue of $3,000 gross)

§  Interest on Loan of $795,000 @ 8.5% = $67,575.00pa or $5631.25 per month.

 

Scheme 2 -  Achieve Maximum FSR of 2:1 yielding a GFA of 821.4 sqm

 

Cost of Works = $795,000.00

Forecast rental = $18,800.00 gross per month (increase in revenue of $3,300 gross)

Interest on Loan of $795,000 @ 8.5% = $67,575.00pa or $5631.25 per month.

 

Scheme 3 -  Achieve proposed FSR of 3.06:1 with a GFA of 1258.5 sqm

 

Cost of Works = $1,875,029.00 (includes conservation works and new works)

Forecast rental = $37,450.00 gross per month

Interest on Loan of $1,875,029.00 @ 8.5% = 159,377.00pa or $13,281.45 per month.

 

Projected outgoings and holdings cost         =       $5,000.00 per month

Existing loan repayments                             =       $14,000.00

Total outgoings                                           =       $32,281.45 per month

Projects Revenue                                        =       $36,650.00 per month

 

The economic assessment of the three schemes concludes that Scheme 3 would result in an increase in revenue that would be sufficient to cover existing development loan repayments, holding costs and ongoing maintenance.  Accordingly, the application represents an appropriate and proper use of clause 47 which enables an assessment of the application in terms of its compliance with the relevant development standards and merits of the proposal to proceed.  Should approval be granted for the proposal, a suitable condition will be included in the recommendation to ensure that the necessary conservation works are implemented in conjunction with the proposed development.

 

Clause 47 of RLEP 1998 also requires Council to be satisfied that the proposal will not adversely affect the amenity of the locality in which the heritage item is situated or the heritage significance of the item. It is considered that the proposal will not adversely impact on the significance of the heritage item and that the amenity impacts on adjoining and neighbouring residents arising from the proposal would be minimal and acceptable given the context of the site and the architectural resolution of the development. These matters are addressed in detail below.

 

9.1.2  Randwick Local Environmental Plan 1998 (Draft Amendment No. 39)

 

Amongst other things, the Draft LEP amends Clause 47 – Conservation Incentives by deleting the provision for excluding the FSR of heritage items from calculation of overall FSR for proposed developments. Notwithstanding this amendment, the proposed development is not considered to be inconsistent with the Draft LEP as the subject proposal will not result in any further heritage impacts on the heritage item or the surrounding heritage conservation area in comparison to that which has been approved under DA No. 263/2004. The status of the subject heritage item and the surrounding Randwick Junction heritage conservation area remains unchanged under the Draft LEP.

 

9.1.3  Floor Space Ratio

 

A floor space ratio of 2:1 is applicable to this site pursuant to Clause 32 of Randwick Local Environmental Plan 1998. The new development has an overall floor space ratio of 3.06:1.  However, if the floor area of the existing heritage item were excluded pursuant to the conservation incentives contained in Clause 47 of the Randwick LEP 1998, the overall FSR of the proposal would be reduced to 1.63:1, which complies with the maximum permissible floor space ratio control contained in Randwick LEP 1998.  The exclusion of this floor space is only allowed where the Council is satisfied that the conservation of the heritage item depends on making the exclusion and the amenity of the locality will not be adversely affected. The application of the conservation incentives in this case is considered valid.

 

Notwithstanding the application of the conservation incentive, the applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 32 of Randwick LEP No 1998 is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

1.       Whether or not the planning control is a development standard

 

The FSR control in question is a development standard contained in the Randwick LEP 1998.

 

2.       The underlying object or purpose of the standard

 

The underlying object/purpose of the standard, as outlined in Randwick LEP 1998, is:

 

To establish reasonable upper limits for development in residential, business, industrial and special use zones through a limit on the amount of floor space that can be provided. This will help reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.

3.       Consistency of the development with local planning objectives for the locality

 

The proposed development will be consistent with planning objectives for the locality in that it will promote heritage and conservation values by conserving and, adaptive re-use of, the existing heritage building at No.126-128 Avoca Street resulting, overall, in a better urban environment whilst ensuring an orderly and economic use of land for both residential and commercial/retail uses in close proximity to the Randwick Junction Town Centre with minimal adverse environmental and amenity impacts on neighbouring uses. Specifically in relation to FSR, it should be noted that the aims and provisions of Randwick LEP 1998 recognise the benefits of encouraging economically viable retail cores which are centrally located in close proximity to public transport and enhancing employment opportunities and servicing the needs of the local and regional community through viable business centres. The proposal will contribute in achieving both these objectives.

 

4.       Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

 

It is considered that a development compliant with the prescribed FSR control would be unreasonable in the subject site in that it would not achieve a reasonable level of redevelopment for the subject land given existing site constraints posed by the location and condition of the existing heritage item s on-site which in turn isolates the remaining land on No. 199-201 Alison Road thus also limiting their redevelopment potential.

 

In contrast, the proposed development would allow for a reasonable redevelopment of the land but with a bulk and scale that would be visually compatible with surrounding buildings when viewed from adjoining public spaces and private properties. In particular, the proposed new building will be compatible in bulk and scale to the adjoining heritage item to the east and Marcellin College building to the west providing for harmony and continuity in the streetscape. 

 

As discussed in Section 9.3.2.1 below, the façade of the new building will be designed to reduce its apparent scale and respond to the buildings use and contextual character, including the use of a mesh screen to facilitate visual symmetry with the adjoining heritage building.

 

Furthermore, the increase in floor area (over that approved in the previous DA No. 263/2004) will primarily result from additions to the rear of the proposed development by extending the proposed floor areas to the rear southern boundary on each level above ground, which will not be visible in terms of bulk and scale from the street.

 

In addition, the new building will not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access and privacy (see Section 9.3.2.3 below).

  

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

 

 

 

5.       Whether the objection is well founded.

 

An assessment of the SEPP No. 1 objection indicates that the applicant  has:

 

§  Articulated the underlying stated objectives of the standard clearly.

 

§  Demonstrated that there are no adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

 

§  Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

 

§  Stated why compliance with the development standard is unreasonable and unnecessary, namely that:

 

·        The additional FSR is required in order to fund the ongoing conservation and maintenance of the Heritage Item at the site

·        The proposal is not inconsistent with other development in the locality in terms of height, bulk, scale size and setbacks

·        results in commercial tenancies which enjoy significantly improved levels of amenity due to better internal planning

·        ensures the long term conservation and viability of the heritage item

·        provides greater amenity to the commercial development by optimising access to the northerly orientation and providing deck areas

·        contributes positively to the desired future character of the locality and viability of Randwick Junction as a commercial and retail precinct

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

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

 

It is considered that SEPP 1 objection is well founded and should be supported.

 

9.1.4    Building Height

 

Clause 33 of the Randwick LEP 1998 sets a maximum 12 metre overall height limitation on buildings in the General Business 3A zone affecting the site, as measured from existing ground level. The proposal would have a maximum overall height of approximately 14.33 metres to the top of the Level 4 roof above the addition to the heritage building and the proposed new building at No. 199-201 Alison Road, which does not comply with the building height control.

 

The applicant has submitted an objection under State Environmental Planning Policy No. 1 - Development Standards (SEPP 1) in respect to the non-compliance with the maximum permissible overall height limit and has argued that strict compliance with clause 33 of Randwick LEP No 1998 is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

1.       Whether or not the planning control is a development standard

 

The building wall height control in question is development standards contained in the Randwick LEP 1998.

 

2.       The underlying object or purpose of the standard

 

The underlying objectives of the standard, as outlined in Randwick LEP 1998, are to:

 

·        Minimise the impact of the development adjoining the nearby land;

·        Control the bulk and scale of development through the imposition of appropriate height limits and

·        Ensure that there is a sympathetic transition between the prevailing scale and character of existing building in the locality and new development.

 

In addition, the underlying purpose of the building heights standard as stated in Randwick LEP 1998 is;

 

" to set upper limits for the heights 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 area”.

 

3.       Consistency of the development with local planning objectives for the locality

 

The proposed development will be consistent with planning objectives for the locality in that it will promote heritage and conservation values by conserving and adaptively re-using the existing heritage building resulting, overall, in a better urban environment whilst ensuring an orderly and economic use of land for commercial/retail uses within the Randwick Junction Town Centre with minimal adverse environmental and amenity impacts on neighbouring uses. Specifically, in relation to height, the proposed development will provide an appropriate builtform and edge to Alison Road and Avoca Street that is in keeping with the existing heritage building and compatible in scale with the Marcellin College building immediately to the east.

 

4.       Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

 

It is considered that a development compliant with the prescribed height control would be unreasonable in the subject site in that it would not achieve a reasonable level of redevelopment for the subject land given existing site constraints posed by the location and condition of the existing heritage item on-site which in turn isolates the remaining land on No. 199-201 Alison Road thus also limiting the latter’s redevelopment potential.

 

In contrast, the proposed development would allow for a reasonable redevelopment of the land and still result in a building which will be compatible in height with neighbouring buildings and the predominant scale of buildings in the locality. As indicated previously the applicant has amended the proposal to lower the floor to ceiling height  of, and increase the western setback of  level 4 of, the  proposed new building at No. 199-201 Alison Road. In addition the applicant has also increased the setback of the fourth floor level on top of the heritage item so that it would not have an overbearing impact on the heritage item and to further reduce the impact of visual bulk and scale.

 

A measure as to the suitability of the development is the extent of impact to adjoining properties in terms of overshadowing. The fourth floor addition to the heritage item and the proposed new building at No. 199-201 Alison Road will not result in excessive overshadowing impacts to adjoining properties during the midwinter period as indicated in the accompanying shadow diagrams. The proposal will also have minimal impact in terms of loss of privacy and views (see Section 9.3.2.3 below).

 

The development meets the stated and underlying objectives of the height standard. As such it is unnecessary and unreasonable to enforce the height standard in the circumstances of the case.

 

5.       Whether the objection is well founded.

 

An assessment of the SEPP No. 1 objection indicates that it has:

 

§  Articulated the underlying stated objectives of the standard clearly.

 

§  Demonstrated that there are no adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

 

§  Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

 

§  Stated why compliance with the development standard is unreasonable and unnecessary, namely:

 

·        the proposal involves additions to an existing building which already exceeds the maximum building height control

·        the proposal will generally maintain the existing building setback

·        the proposal will result in a builtform which will be commensurate with other development in the locality in terms of height, bulk, scale and form

·        the proposal contributes positively to the desired future character of the locality by retaining and refurbishing aspects of the site that have a significant heritage value and presenting a contemporary form with materials and finishes that will make a positive contribution to the streetscape and the general characteristics therein

·        the proposal ensures the long term conservation and viability of the heritage item

·        the proposal results in a building form that is secondary to the dominant architectural form of the heritage item

·        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

 

It is considered that SEPP 1 objection is well founded and should be supported.

 

9.2     Policy Controls

 

9.2.1  Development Control Plan – Randwick Junction

 

The proposal generally complies with the requirements of the DCP – Randwick Junction (in relation to solar access, privacy, safety and security, and building character). The DCP states that all vehicular access points and carparking provision should be in accordance with the controls in the DCP -  Parking. The proposal varies from the DCP - Carparking in this regard in that a turntable is provided in the basement carpark to facilitate manoeuvring of cars because of the non-complying aisle-widths, and only 5 carparking places are provided instead of the required 26 spaces. These non-compliances are addressed in the next section.

 

9.2.2  Development Control Plan – Parking

 

Applying the DCP – Parking, the proposal will have a shortfall of 26 carspaces. Currently, only one carparking space is available on-site whereas the existing uses on-site generate a carparking demand of 18 carspaces calculated as follows:

 

            Use                                                                  DCP Control               Required spaces

 

            4 studios                                                           1 per 2 studio                           2

            1 one-bedroom unit                              1 per 1 bed                                          1

            1 two-bedroom unit                              1.2 per 2 bed                           1.2

            Visitors (6 units)                                               1 per 4 units                             1.5

            Retail 280 sqm (4 shops on ground level)          1/40 sqm                                  7.0

            Office 195 sqm (offices on first floor)    1/40 sqm                                  4.9

 

            Total                                                                                                                            18

 

Given that the existing uses on site already have a deficiency of 17 carspaces (ie., 18 required spaces minus 1 available parking on-site), it is reasonable to factor in this deficiency into the expected deficiency of 26 car spaces for the proposed development such that the shortfall in carparking effectively will be 9 carspaces. It should be noted that the DCP – Parking requires that carparking be calculated on the basis of the additional floor area generated in the proposed development and the demand generated by a change in use from residential to commercial. The carparking spaces calculated for the subject development is consistent with this requirement.

 

The applicant’s traffic report advises that the proposal’s shortfall in carparking spaces is acceptable for the following reasons:

 

·        Minimum provisions of on-site parking is consistent with the transport objectives of moderating traffic generation of new developments.

 

·        The site is in close proximity to very good public transport which will encourage use of non-private vehicles, particularly given the restrain on-site parking supply of the proposed development.

 

·        Reasonable short stay on-street parking is available in Avoca Street and Alison Road. Short stay parking typically has a high turn over and could be utilised by visitors to the proposed development.

 

·        Employees driving to the site without a dedicated parking space in the basement would park elsewhere in the Randwick Town Centre. This is consistent with the existing situation on the site.

 

·        The payment of a contribution to Council (currently at $11,833 per space) is reasonable given the highly constrained site and the need to retain the heritage item on the site. (Comment : The Section 94 contribution has been calculated based on additional commercial floor area)

 

The above-listed reasons are considered reasonable and therefore provide adequate grounds for justifying the proposed carparking provision.

 

The use of a turn-table in the carpark for manoeuvring cars in and out of the carpark has been assessed by Council’s development engineer and is considered acceptable following submission of appropriate details of specifications, instructions for operation, safety and maintenance of the turntable to Council.

 

9.3     Likely impact of the development - S79C(1)(b)

 

9.3.1  Natural Environmental Impacts

 

The subject site is located in an existing built-up area within the Randwick Junction commercial centre and, as such, there are no threatened species, populations or ecological communities or habitats that would be affected by the proposed development in the vicinity of the development site.

 

9.3.2  Built Environmental Impacts

 

9.3.2.1        Urban Design

 

The external treatment of the heritage building and the adjoining proposed new building remains the same as that previously approved under DA No. 263/2004 which essentially comprises the following features:

 

·        The proposed fourth floor addition on the heritage item will be setback by approximately 2.6m from the northern boundary and 6.5m from the eastern boundary. In addition, the fourth floor addition will be sunk into the third floor level of the heritage building by approximately 1.1m and the floor to ceiling height reduced by 700mm. Accordingly, the applicant has provided streetscape assessments that indicate that the fourth floor addition will be adequately setback and reduced in height to minimise its visual impact at the street level. Specifically, the addition will not be visible immediately from the street when viewed from the opposite side of Alison Road (ie., at street level in front of the Post Office Building). Furthermore, the addition will be constructed of lightweight material with a flat metal roof which, combined with the increased setback, would make the addition non-intrusive as well as visually recessive.

 

·        The proposed new building at No. 199-201 will be stepped on the upper two floors as levels 4 and 5 are setback by approximately 4.2m and 11.5m respectively from the western boundary to reduce the visual bulk and scale of the building in relation to Marcellin College to the west. Furthermore, the floor to ceiling height of the levels 2, 3, 3a and 4 have been kept at approximately 2.5m to make the proposed building compact. The front façade of the proposed new building will be covered with a “selected mesh screen” with perforations and regular openings to accommodate window openings. This screen will wrap around the corner of the building extending into Greenstead Lane. Council’s Heritage Planner has extensively assessed and discussed the composition and design of the proposed screen with the applicant to ensure that it will be compatible with the existing heritage façade. The applicant’s architect has provided advice indicating that, although the proposed metal mesh is not a traditional form of decorative element, its perforated openings will reflect the existing fenestrations of the original section of the building and features horizontal detailing to reflect the horizontal components of the existing Victorian building in a contemporary manner. The upper edge of the screen will also be lined-up to match the wall height of Marcellin College resulting in a more legible perspective along this section of Alison Road. 

 

In relation to the treatment of the façade, the applicant has advised that the external colours, materials and finishes of the existing heritage item and the proposed building will be similar to that approved under the previous DA No. 263/2004 incorporating the following :

 

·        the existing decorative trims, balcony railings and metalwork will be painted Taubmans Spectrum Silver Magic;

·        the window and door frames in the new building will be painted Universal Anodisers Hardcoat Silver Grey;

·        the balcony on the new building will incorporate Glennon Tiles 41504L;

·        the awning for both the existing and new buildings will be painted Taubmans Spectrum Silver Magic;

·        the new building roof and roller shutter at the rear will comprise BHP colorbond steel in a Dune colour;

·        the walls and window frames of the existing building and the mesh screens on the proposed new building will be painted with Taubmans Spectrum Abstract T161-3W;

·        the walls of the new building will be painted with Taubmans Spectrum November Leaf;

·        the facebrick on the new building will comprise Bowral bricks in Bowral Blue; and

·        unpainted surfaces on the Heritage Item (eg brickwork/stonework) will remain unpainted.

 

Details of these proposed colours, materials and textures were lodged in a sample board received by Council on 24 February 2005 to satisfy the deferred commencement consent. A condition will be applied requiring the colours, materials and finishes of the external surfaces to the subject building to be similar to that approved under the previous DA No. 263/2004.

 

In addition, the applicant has also provided details of the joints between sections of the metal mesh screen and the detail of fixings between the screen and the main structure of the building, as required in the deferred commencement consent for DA No. 263/2004. A condition will be applied requiring the proposal to be consistent with these details.

 

Overall, the proposed upper floor addition to the heritage building and the proposed new building on the adjoining western site has been designed to ensure compatibility with the existing heritage item and immediate streetscape along Alison Road. 

 

9.3.2.2        Heritage Impact

 

The subject site is occupied by a three storey Victorian style building, part of a group comprising Nos.126-138 Avoca Street, listed as heritage items under Randwick LEP 1998.  The site is also within the Randwick Junction Conservation Area.  There are a number of heritage items in the vicinity of the site including each of the buildings on the other three corners of Avoca Street and Alison Road.

 

The application was accompanied by a Heritage Impact Assessment prepared by Graham Brooks and Associates. Clause 43(2)  of LEP 1998 requires Council when determining a development under the clause, to take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance  of the heritage item or conservation area, including an assessment of:

 

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

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

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

 

Council may grant consent to a development application only after it has considered a report that assesses the impact of the proposal on the heritage significance of the heritage item and its setting.

 

Council’s Heritage Planner has assessed the Heritage Impact Statement as well as the amendments to the proposal as described in Section 9.3.2.1 above. In particular, the Heritage Planner is satisfied that:

 

·        the demolition of the existing rear wing to no.128 Avoca Street is justifiable as it is of moderate significance only.

 

·        the proposed lightweight construction of the additional level can be accommodated structurally as advised by Henry and Hymas Civil and Structural Engineers not withstanding existing cracking in the lower levels of the heritage building

 

·        the amended proposal( altering the design of the rear and rooftop additions, lowering the height of the first three levels of the proposal, setting back the fourth level from the western boundary, and setting back the additional rooftop level from the eastern boundary) will generally be compatible with adjacent development especially to Marcellin College and will not be prominent from the corner of Alison Road and Avoca Street. 

 

·        The use of the proposed “selected mesh screen” on the proposed new building will be acceptable in relation to the existing heritage façade.

 

·        the use of the conservation incentives including a Schedule of Conservation Works prepared by Graham Brooks and Associates, a quotation for these conservation works prepared by Precise Building Group, and a Financial Analysis of three development scenarios prepared by the Exeland Property Group are acceptable.

 

9.3.2.3        Sunlight, Privacy and Views

 

The submitted shadow diagrams indicate that at 9.00 am in the winter solstice, overshadowing will occur predominantly upon Greenstead Lane and the east-facing wall of Marcellin College beyond. By 12 noon Greenstead Lane and the School will be free of overshadowing from the proposal with the shadows predominantly falling on the rear wings of the adjoining southern building at No. 130-138 Avoca Street. By 3.00pm the overshadowing will occur onto the Avoca Street and the roof of the adjoining rear building at No. 130-138 Avoca Street. Overall, there will be minimal increase in overshadowing to adjoining properties arising from the proposal as these shadow mainly overlap the shadows casted by the existing buildings on the site.

 

The orientation of the proposed new building and the configuration of the internal layout of the heritage building are such that the proposed office spaces within the proposed development will have northerly outlook across Alison Road and easterly outlook across Avoca Street. Furthermore, the subject site is not adjoined by any residential development that may be affected by overlooking from the proposed development.

 

The topography of the locality is such that existing buildings surrounding the subject site do not enjoy any significant views that may be obstructed by the proposed development. Accordingly, the proposal will not result in any view loss to neighbouring properties.

 

9.3.2.4        Traffic and access

 

The applicant’s traffic report advises that the 5 car parking spaces proposed in the basement garage will give rise to low traffic generation and that the estimated additional traffic is expected to be accommodated by the surrounding road system. The applicant’s traffic consultant has also advised Council’s development engineer that the probability of a long queue of vehicles waiting to use the carlift will be small, in the order of 2% for one vehicle needing to wait in Greenstead Lane and only a 0.4% probability of 2 vehicles waiting. Furthermore, the consultant has suggested appropriate signage located on the door of the carlift requiring that cars park properly to the side of the lane if the carlift is occupied. Council’s development engineer has recommended that signage be further amended to read ‘If lift occupied, move vehicle to side of laneway while waiting’. The Development Engineer has included a condition in this report requiring the installation of such a sign.

 

The proposed use of a turn-table in the basement will facilitate parking manoeuvres in the basement and is considered acceptable as it will allow all vehicles to exit the site in a forward direction.

 

9.3.2.5        Ecologically Sustainable Development

 

The proposed development will be well served by public buses along Alison Road and Avoca Street linking the subject site to the CBD, Railway Square, Bondi Junction, Maroubra Junction, Clovelly and Coogee. The consolidation of the subject site for a commercial/retail use within the established Randwick Junction commercial area served by good public transport linkages is not only desirable but also in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with ESD principles.

 

The proposal will incorporate sustainability measures including the use of passive design and sun control elements in the form of the external screen mesh, building layout and orientation to maximise solar access and cross ventilation. Specifically, the northern orientation of the proposed development will maximise solar access such that activity areas within the development will be sited and orientated to achieve at least 4 hours of sunlight between 9am and 3pm in the winter solstice.

 

The proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

9.3.3  Suitability of the site – S79C(1)(c) 

 

The subject site is located within the Randwick Junction Commercial Centre and is zoned Business 3A. As such, it will be readily suitable for the proposed commercial/retail use.

 

9.3.4  Any submissions made – S79C(1)(d)

 

The proposal was notified and advertised between 23 March 2005 and 6 April 2005. One submission was received as follows (with council’s comments attached):

 

·        The augmentation of FSR under the proposal is inappropriate and raises concerns

 

As outlined in various sections of this report, the increase in the FSR beyond the maximum FSR control of 2:1 is justified as the proposal has met the criteria for conservation incentives, namely, in that

 

(a)     the proposed use would not adversely affect the amenity of the locality in which the item is situated or the heritage significance of the item,

(b)     the conservation of the heritage item depends on the granting of the consent.

 

Accordingly, the gross floor area of the existing heritage item can be excluded from the calculation of FSR thus yielding an FSR of 1.63:1 which complies with the maximum FSR control. Notwithstanding this, a SEPP 1 objection has been submitted by the applicant which has been assessed and found to be well-founded and supported (see Section 9.1.3 above).

 

·        The proposed steel mesh screening will have a detrimental visual impact in relation to the existing building and streetscape 

 

The proposed steel mesh screening on the façade of the proposed new building at No. 199-201 Alison Road is the same as that proposed under the previously approved DA No. 263/2004. As part of the assessment of that DA, Council’s Heritage Planner has held extensive discussions with the applicant’s architect in relation to the potential impacts and merits of the steel mesh screen on the proposed new building. As a result, it is considered that the proposed façade treatment to the new building can be a material that is not a traditional form of decorative element provided its design reflects the existing fenestrations of the original section of the building and features horizontal detailing to reflect the horizontal components of the Victorian building in a contemporary manner.  The applicant has also provided details of the joints between sections of the screen and the detail of fixings between the screen and the main structure of the building which are considered acceptable in structure and sympathetic to the streetscape. Accordingly the proposed steel mesh screen is considered acceptable  subject to the provision of details of the material for the proposed mesh screen.  A deferred commencement condition will be applied accordingly should approval be granted.

 

·        Proposal significantly exceeds the height limit.

 

The applicant has submitted a SEPP 1 objection to the height control and it is considered that SEPP 1 objection is well founded and should be supported (see Section 9.1.4 above).

 

9.3.5           The public interest – S79C(1)(e)

 

The proposed development will be in the public interest as it will consolidate the role of the Randwick Junction Town Centre as a centre for services and employment in accordance with the Randwick LEP 1998.

 

10.     CONCLUSION

 

Under clause 47, Council must be reasonably satisfied that the necessary funding for the immediate and ongoing conservation of the heritage item would not be available unless the development is allowed to proceed.  The applicant has demonstrated to Council that the conservation of the heritage item depends on the granting of consent for the proposed development. 

 

The proposed development will not adversely impact on the heritage building or detrimentally affect the amenity of the locality in which the heritage item is situated.  As such, it is considered that the proposed development represents an appropriate use of clause 47 and there is adequate justification for the relaxation of the nominated standards.

 

The SEPP 1 objections lodged with respect to the non-compliance with the FSR and building height are considered to be well founded in the circumstances. The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access and privacy.

 

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

 

11.     RECOMMENDATION:

 

A.      THAT the Council support the objection under State Environmental Planning Policy No.1 (SEPP No. 1) in respect to non-compliance with Clauses 32 and 33 of the Randwick Local Environmental Plan 1998 (relating to floor space ratio and building heights) on the grounds that the proposed use complies with the objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning, Infrastructure and Natural Resources be advised accordingly.

 

B.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0168/2005 for alterations and additions to the existing Heritage Item to include a fourth floor and its adaptive re-use and conversion into commercial floor space, and demolition of adjoining building to the west, and construction of a new 5 level retail/commercial building and strata sub-division at 126-128 Avoca Street, Randwick, subject to the following conditions:-

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01 Issue J, dated March 2004 and stamped received by Council on 14 July 2005, DA02 Issue G, DA03 Issue F, DA04 Issue G, and DA05 Issue G, dated March 2004 and stamped received by Council on 6 July 2005, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

 

2.       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.

 

3.       The colours, materials and finishes of the external surfaces to the existing heritage building and the new building are to be similar to that lodged in the sample board received by Council on 24 February 2005 as approved under development consent No. 263/2004 and as confirmed in the letter from SPD Town Planners to Council dated 14 July 2005.

 

4.       The proposed metal mesh screen on the new building shall be constructed in accordance with the fixing and joint details received by Council on 14 January 2005 as approved under development consent No. 263/2004 and as confirmed in the letter from SPD Town Planners to Council dated 14 July 2005.

 

5.       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.

 

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

 

7.       The proposed car lift is to be designed and constructed in accordance with the relevant Australian Standards for car lifts. Details are to be submitted to Council prior to the issue of the construction certificate.

 

8.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

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

 

10.     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.

 

11.     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.

 

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

 

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

 

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

 

          The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an occupation certificate or release of the subdivision linen plan, as applicable.

 

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

          All advertising and signage must be written in English language or both English and relevant non-English language equally.  The use of non-English language advertising only is not permissible.

 

The following condition/s are applied to satisfy the increased demand for public amenities and public services:

 

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

 

a)       for townscape improvements                $34,970.00

b)      for car parking                                   $106,497.00

                  

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

 

The following conditions are applied to satisfy the provisions of section 91A of the Environmental Planning and Assessment Act 1979 and to apply the general terms of approval of the Heritage Council of NSW:

 

15.     An archival recording of the property shall be prepared and submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  This recording shall be in accordance with the Guidelines for the preparation of archival recordings set out by the NSW Heritage Office.  Three copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.

 

16.     The layout of the ground, first and second floors of the existing building are to incorporate300mm nib walls and beams projecting below ceiling level, as evidence of the original layout of the building and facilitate patching of plasterwork.

 

17.     The conservation policies for external and internal fabric set out in the Schedule of Conservation Works, prepared by Graham Brooks and Associates and Perumal Murphy Wu Pty Ltd dated September 2004, are to be implemented in conjunction with the proposed development.

 

18.     Maintenance and repair to the heritage building is to be carried out in accordance with the Ongoing Maintenance Schedule prepared by Graham Brooks and Associates and Perumal Murphy Wu Pty Ltd, dated October 2004, on an ongoing basis, to ensure timely maintenance and repair of the heritage item.

 

19.     A positive covenant shall be created under Section 88E of the Conveyancing Act to ensure that a specific sinking fund is established and allocated for ongoing repair and maintenance works to the heritage building.  These works are to be in accordance with the Ongoing Maintenance Schedule prepared by Graham Brooks and Associates and Perumal Murphy Wu Pty Ltd.  Such covenant shall not be revoked or modified without prior approval of Council. The covenant shall be submitted for Council’s approval prior to the issue of the construction certificate.

 

20.     An architect suitably qualified and experienced in heritage conservation shall be engaged to oversee the implementation of the Schedule of Conservation Works and the Ongoing Maintenance Schedule to ensure the use of technically sound and appropriate techniques.  All work shall be carried out in accordance with the principles of the Australia ICOMOS Burra Charter.

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

24.     The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

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

 

25.     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).

 

26.     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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

27.     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.

 

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

 

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

 

30.     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.

 

31.     A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to

 

a)       the commencement of works,

b)      a construction certificate being issued for the development,

 

          which demonstrates that noise and vibration emissions from the development will comply with the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and relevant conditions of approval.

 

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

 

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

 

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

 

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

 

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

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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”.

 

40.     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.

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     Fire safety notices must be provided to fire-isolated stairways, passageways or ramps in accordance with clause 183 of the Environmental Planning and Assessment Regulation 2000, at all times.

 

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:

 

12.     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:

 

13.     Documentary evidence prepared by a suitably qualified professional 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.

 

14.     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:

 

15.     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 .

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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.

 

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

 

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

 

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.

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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.

 

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

 

          Details of the proposed sediment control measures are to be detailed in a site water management plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

28.     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.

 

29.     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.

 

30.     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.

 

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

 

          A temporary safety fence is to be provided to protect the public, located to the perimeter of the site. Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

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

 

          Hoardings and temporary 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.

 

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

 

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

34.     Access and facilities for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 to the satisfaction of the Certifying Authority.  Details of the proposed access and facilities for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

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

 

45.     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.

 

46.     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.

 

47.     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.

 

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

 

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

50.     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.

 

51.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies in accordance with the requirements of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

 

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

 

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

 

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

 

§  All of the premises adjoining the subject site

 

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

 

55.     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.

 

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

 

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

 

57.     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.

 

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

 

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

 

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

 

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

 

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

 

60.     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.

 

61.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

          A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

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

 

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

 

73.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

74.     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.

 

75.     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.

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

·        the slope of the land

·        site access points and access control measures

·        location and type of all sediment and erosion control measures

·        location of existing vegetation, to be retained

·        material stockpile or storage areas and methods of sediment control

·        location of existing and proposed drainage systems

·        proposed disposal of site water

·        location of building operations and equipment

·        proposed re-vegetation details

 

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

 

78.     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

 

79.     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.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          a)       $1000.00  -           Damage / Civil Works Security Deposit

 

85.     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.

 

86.     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:

 

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

 

a)       Construct a concrete layback at kerb opposite the vehicular entrance to the site in Greenstead Lane.

 

b)      Replace the existing sandstone kerb and gutter along the Greenstead Lane frontage with concrete kerb and gutter for the full site frontage except opposite the vehicular access.

 

c)       Carry out full depth, minimum 1.50 metre wide, road construction in front of the new kerb and gutter along the Greenstead Lane site frontage.

 

d)      Reconstruct any damaged sections of concrete kerb and gutter along the Avoca Street and Alison Road site frontages.

 

e)       Reconstruct any damaged sections of the footpath along the full site frontage in Avoca Street and Alison Road in accordance with Urban Design Guidelines for Randwick.

 

88.     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.

 

89.     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.

 

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

 

91.     New awnings must be not less than 3m above the footpath at any point and must be setback at least 600mm from the kerb line.

 

92.     The proposed traffic signals (to indicate when the car lift is in operation) shall be designed by a suitably qualified traffic engineer and shall be located wholly within the site.

 

93.     Prior to the issuing of an occupation certificate, the applicant shall install a sign on the door to the carlift stating “If lift occupied, move vehicle to side of laneway while waiting”.

 

94.     To improve visibility at the intersection of Greenstead Lane and Alison Road, a minimum 1.5 metre x 1.5 metre splay corner shall be provided at ground level at the intersection of Greenstead Lane and Alison Road. There shall be no walls or planting higher than 600mm located within the splay corner.

 

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

 

96.     It is noted that the requirement for a work 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:

 

97.     The Council’s Development Engineer 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:

 

·        Avoca Street frontage: Match the back of the existing footpath along the full site frontage.

 

·        Alison Road frontage: Match the back of the existing footpath along the full site frontage.

 

·        Greenstead Lane frontage: 40mm below 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 Development Engineer.

 

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

 

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

 

99.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $1948 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.

 

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

 

100.   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.

 

101.   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.

 

102.   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.

 

103.   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.

 

104.   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.

 

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

 

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

 

          The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

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

 

106.   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.

 

107.   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.

 

108.   On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to Council’s underground drainage system.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

109.   All site stormwater leaving the site must be discharged by gravity to council’s underground drainage system in Alison Road or Greenstead Lane via a new and/or existing kerb inlet pit. It is noted that any new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

 

110.   Design details for the connection into Council’s underground drainage system shall be approved by Council’s Drainage Engineer prior to the issuing of a construction certificate. The connection shall then be inspected and approved by Council prior to the issuing of an occupation certificate.

 

111.   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.

 

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

 

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

 

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

 

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

 

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

 

117.   The maximum depth of ponding in above ground detention areas 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

 

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

 

119.   (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).

 

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

 

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

 

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

 

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

 

122.   A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the street drainage system.

 

123.   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.

 

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

 

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

 

126.   Prior to the issuing of an occupation certificate, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)       The location of the detention basin with finished surface levels;

b)      Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

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

e)       The orifice size(s) (if applicable); and

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

 

127.   Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council (if Council is not the PCA), certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

128.   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).

 

129.   Should temporary dewatering be required at any point during the excavation, the applicant shall contact the Department of Infrastructure Planning and Natural Resources to obtain a temporary dewatering license.

 

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

 

130.   The retail waste storage area shall be sized to contain a total of 6 x 240 litre bins (3 garbage bins & 3 recycle bins) whilst providing satisfactory access to these bins.

 

131.   The commercial waste storage area shall be sized to contain a total of 4 x 240 litre recycling bins and 1 x 360 litre garbage bins whilst providing satisfactory access to these bins.

 

132.   Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for 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.

 

133.   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.

 

134.   The waste storage areas shall be clearly signposted.

 

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

 

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

 

          Notes:

          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.

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

 

136.   The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

137.   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.

 

138.   The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

 

 

 

ADVISORY MATTERS:

 

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

 

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

 

          a)       Part B1       -        Structural provisions

          b)      Part D1       -        Provisions for escape, in particular, egress from the basement carpark

          c)       Part E1       -        Fire fighting equipment

          d)      Part E2       -        Smoke Hazard Management

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

          f)       Part F4       -        Light and ventilation, in particular, to the carpark

 

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

 

 

ATTACHMENT/S:

 

1.    A4 Plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNER

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

26 July, 2005

FILE NO:

DA39/1990/G

 

PROPOSAL:

 Section 96(2)  Modification to modify Condition 29 of Development Consent No. 39/1990 to permit Unit 603, 52-56 Carr Street, Coogee, to operate as a residential dwelling and long-term tenancy, in addition to its current permitted use of serviced apartment.

PROPERTY:

 Unit 603, 52-56 Carr Street, Coogee

WARD:

 East Ward

APPLICANT:

 Mr Richard Paul Hickey and Mrs Suzanne Marjorie Hickey

OWNER:

 Mr Richard Paul Hickey and Mrs Suzanne Marjorie Hickey

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.       EXECUTIVE SUMMARY

 

The proposal seeks a Section 96 modification to condition 29 of DA 39/90, to permit unit 603, 52-56 Carr Street, Coogee to be used for the purposes of a residential dwelling and residential tenancy use, in addition to its current permitted use as a serviced apartment. 

 

The main considerations in which the proposal has been assessed against include: amenity impacts, loss of tourist accommodation and the likelihood of setting a precedent for other serviced apartment owners to seek residential uses for their properties. 

 

The recommendation is for approval.

 

2.       THE PROPOSAL

 

The proposal seeks a Section 96 modification to condition 29 of DA 39/90 to permit unit 603 52-56 Carr Street, to be used for the purposes of a residential dwelling and long-term tenancy in addition to its current permitted use as a serviced apartment.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is known as the ‘Coogee View’ and is located on the south east corner of Carr and Arden Streets, Coogee Beach.  The site, unit 603 of SP 49851, 52-56 Carr Street, is opposite Goldstein Reserve and Coogee Beach.  The building comprises a 10 level commercial and residential complex, containing a mix of commercial uses on the ground floor and a mix of dwellings and serviced apartments on the upper levels.  Car parking for the residential units and serviced apartments is provided at basement level.

 

To the north of the building is Goldstein Reserve and Coogee Beach.  To the west, across Arden Street are various commercial properties.  Located to the east and south of the site is residential development, including residential flat buildings, cafés and the Crown Plaza Hotel.

 

4.       SITE HISTORY

 

4.1.    APPLICATION HISTORY

 

Consent 39/90

On 25 January 1991, consent was granted by the Land and Environment Court for the erection of a 10 level commercial and residential building, containing a mix of commercial uses on the ground floor and mix of dwellings and serviced apartments on the upper levels.  Basement car parking was approved.  Consent was granted subject to conditions; including the restriction of levels other than 9 and 10 for serviced apartment use.  A section 88B instrument restricted the serviced apartment component of the development to tourist accommodation only.  A density bonus was granted on the basis of the tourist accommodation provision within the development.

 

S.96 Modification 1

On 15 September 1994, the Land and Environment Court approved an application for modification of development consent under Section 96 of the Environmental Planning and Assessment Act (EP&A Act).  The modification deleted condition 25, in which an 88B instrument restricted the use of the serviced apartments in the building for tourist accommodation.  Additionally, a new condition 29 was created by the Court, reading as follows:

 

All units other than those located on levels 9 & 10 to be used as serviced apartments as defined in Randwick LEP No. 104 made on 23 March 1993.

 

The deletion of condition 25 and imposition of a new condition 29 was assessed by Council as being substantially the same development.

 

S.96 Modification 2

In August 2004, approval pursuant to Section 96 was granted to remove the residential dwelling restriction on Levels 9 and 10 so that they were able to operate as serviced apartments in addition to their current use of private dwellings and long-term tenancies. Council determined that:

 

“The proposed modifications seeks consent to vary a condition of consent only and does not propose to alter the approved building and will not result in a significant change to the dominant use of the building.  As such, the proposed modifications to the original development proposal are considered to represent substantially the same development.

 

“On balance it is considered that the proposed modification to conditions of consent to permit Levels 9 & 10 within the building to be used as either dwelling or as serviced apartments is unlikely to result in any significant adverse impact upon the amenity of the residents of the building and is recommended for approval.

 

5.       COMMUNITY CONSULTATION:

 

The application has been notified, advertised for a period of 14 days in accordance with the DCP – Public Notification.  No objections were received by Randwick Council.

 

6.       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

 

The site is zoned 3A-General Business under Randwick Local Environmental Plan 1998 and the proposed modifications are permissible with Council’s consent.

 

7.       SECTION 96 AMENDMENT

 

7.1     Substantially the same

 

The proposed modification seeks only to vary a condition of consent on the building and does not seek to alter the approved apartment or the building in any manner.  On this basis, the proposal is considered to be substantially the same development as the originally approved development. 

 

As the consent condition limiting levels 9 and 10 to residential dwelling use has been modified to permit serviced apartments pursuant to the August 2004 Section 96 modification, it is considered that the proposal is more in keeping with the original development consent and offsets any loss of long term residential dwelling capacity experienced through levels 9 and 10 operating as serviced apartments.

 

8.       ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to relevant environmental planning and amenity considerations.

 

8.1     Zoning Permissibility

 

The subject site is zoned 3A General Business.  The objectives of the 3A zone are as follows:

 

(a)     To maintain the viability of existing business centres, and

(b)     To facilitate development of land, in places identified by the Council as suitable to be used as business centres, for commercial, retail, residential and community purposes:

(i)      by introducing appropriate floor space ratio controls, and

(ii)      by encouraging economically viable retail cores which are centrally      located and in close proximity to public transport, and

(iii)     by enhancing employment opportunities and servicing the needs of local and regional community, and

(iv)     by encouraging and facilitating the use of public transport, and

(v)     by providing and enhancing pedestrian and public open space areas for shoppers and workers, and

(vi)     by maintaining and improving the environmental and aesthetic qualities of the City of Randwick,

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

 

The proposal is not considered to conflict with the objectives of the zone.  The objectives of the business zone encourage residential development to support the viability of the business centre.  The proposed Section 96 modification is in accord with the objectives of the zone.

 

8.2     Conflict with bonus floor space ratio (FSR) provided to original development consent.

 

The FSR permissible under the current LEP is 1.5:1.  The current permissible FSR remains lower than that of the existing development 52-56 Carr Street, however, it is considered that Section 96 modifications to the development consent to permit residential development on a serviced accommodation floor is appropriate and not in conflict with the basis for providing a bonus FSR in the original development consent. 

 

8.3     Loss of Tourist Accommodation

 

The modification of the consent condition limiting the use of the unit to a serviced apartment will potentially reduce the availability of the unit for serviced apartment and short-term accommodation use. 

 

The Statement of Environmental Effects prepared by ABC Planning has assessed the availability of similar standard tourist accommodation within 400 metres of the subject site.  This assessment identified 474 available rooms and concluded that the loss of one unit would not significantly impact on the availability of tourist accommodation in the area.  This assessment was made on the assumption that the 80 serviced apartments within the 52-56 Carr Street complex would remain in operation as serviced apartments.  Should a precedent be set by this modification, numerous owners, particularly within the 52-56 Carr Street building, may apply for similar modifications to their development consent, which may see a reduction in serviced apartment style tourist accommodation on Coogee Beach.

 

Although a precedent may be set by modifying the consent condition to allow dual serviced apartment and residential dwelling use, any significant impact is likely to be offset by the recent Section 96 modification to allow of levels 9 and 10 to operate as serviced apartments. 

 

The likelihood of other serviced apartment owners in developments other than 52-56 Carr Street seeking a dual serviced apartment and residential use, will need to be assessed on a merits basis, with consideration given to whether the development is suitable for a residential dwelling use.

 

8.4     Amenity Impact for Owner Occupiers or Long-Term Lessees

 

In permitting the unit in question to operate as a long-term letting, or owner-occupied dwelling, a number of amenity issues need to be considered.

 

8.4.1  The appropriateness of the unit for a long term letting or owner occupier dwelling

 

Serviced apartment, unit No.603 has an area of 182m2, plus a balcony of 14m2.  The balcony meets the requirements of the Multi-Unit Housing DCP, which requires a minimum private open space area of 8m2.

 

It is considered that a residential unit located on each level of the building will provide greater ownership over each level and break up the groupings of short-term/serviced apartment levels in the building.  Residential occupiers are more likely to take greater care of common areas, building entry and public domain, as well as increase opportunity for surveillance of indoor and outdoor areas, contributing to both the security and community of the building.

 

8.4.2  Noise impacts of neighbouring serviced apartments

 

Noise transfer issues that arise from having one dwelling on a floor that operates predominately as serviced apartment use is unlikely to cause problems due to the design of the lobby area on level 6.  The life core is located in the lobby, but is separated from the apartments on level 6 by a door.  This door would prevent much of the noise from guests coming and going to and from other levels from carrying to unit 603.  Only three units access this small second lobby.

 

Any noise impacts are likely to be most noticeable at the connection of the two terrace balconies between unit 603 and the neighbouring serviced apartment.  However, it is considered that this situation is acceptable as a private courtyard, separate from the adjoining serviced apartment is available to unit 603 and the common wall area is relatively small.

 

In August 2004, Council approved a Section 96 modification permitting levels 9 and 10 of the building to operate as both residential dwellings and serviced apartments, and addressed amenity issues under this application.  It was resolved that the Code of Conduct prepared by the Owners’ Corporation, which provides grounds for the removal of noisy or unpleasant serviced apartment tenants, provided sufficient protection of amenity for long-term residents.

 

8.4.3  Car parking provision
 

There is one permanent secure basement car parking space allocated to unit 603.  Additionally, general visitor parking is available.  This complies with the car parking provisions of the DCP - Parking.

 

9        Impacts on adjoining development

 

It is considered that the proposed Section 96 modification will have little or no impact on adjoining development.  Permanent and long term residents are likely to use the balcony areas for different purposes than short-term residents, which may in fact increase the amenity of nearby and adjoining development by potentially reducing noise impacts.

 

10.     CONCLUSION

 

Assessment of the application has determined that the proposed modification under Section 96 of the EP&A Act constitutes substantially the same development. 

The application is recommended for support. 

 

An assessment of the amenity implications of a residential dwelling being located amongst serviced apartment units has been undertaken.  It is considered that unit 603 has sufficient internal amenity and private open space that is appropriate for residential dwelling unit.  Noise amenity impacts have been considered and found to be sufficiently mitigated by limited common walls and provision of the private outdoor courtyard.  Further protection of amenity is afforded by the Owners’ Corporation Code of Conduct, which notifies and has the power to remove noisy serviced apartment tenants.

 

An assessment of the reduction of tourist accommodation has been undertaken and it is considered that within the building, the loss of a serviced apartment is likely to be offset by Council’s August 2004 decision to permit levels 9 and 10 of the building to operate as serviced apartments in addition to residential dwellings.

 

Wholesale change of the building use to residential dwellings, or further individual Section 96 amendments to consent conditions to permit dual serviced apartment/residential dwelling use, would be considered on their merits at that time.  Allowing the entire building to operate as a residential use or combined residential/serviced apartment use may not be considered to be substantially the same development.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to modify Development Consent No.39/90 on property No.52-56 Carr Street, Coogee in the following manner:

 

 

          That Condition No. 29 is amended to read:

 

29    All units, other than those located on levels 9 and 10 and unit 603 shall be used as serviced apartments as defined in the Randwick Local Environmental Plan 1998.  Units within levels 9 and 10 and unit 603 may be used as either dwellings or serviced apartments, as defined in Randwick Local Environmental Plan 1998.  Dwellings within levels 9 and 10 and unit 603 which are used as serviced apartments must comply with the terms of the approved Management Plan as required by condition 24 of this development consent.”

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR, CITY PLANNING

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

21 July, 2005

FILE NO:

DA298/2005

 

PROPOSAL:

 New inground pool at the rear and new front car space.

PROPERTY:

 9 The Causeway, Maroubra

WARD:

 Central Ward

APPLICANT:

 Bruce and Anna Robinson

OWNER:

 Mr B G and Mrs A M Robinson

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Council at the request of Councillors Andrews, Seng and Belleli.

 

The main issues are the impact on the overall design and appearance of the existing semi-detached dwelling due to the amendments to the front elevation to accommodate a vehicle parked in the verandah, and whether the carspace will be visually obtrusive in the streetscape.

 

It is recommended that the hardstand carspace be deleted and the swimming pool to the rear be approved subject to conditions.

 

2.       THE PROPOSAL

 

The applicant is seeking consent to remove part of the front verandah balustrade wall to allow for a new hardstand carspace with a new driveway and layback.  The dimensions of the carspace are 2.5m in width x 5.28m in length.  The proposal also includes removing a portion of the front fencing and providing new piers to allow entry to the carspace.  The proposal also includes removing the existing front pavers and replacing with new concrete finish and providing new garden areas to the front.

 

The proposal also includes a new concrete inground swimming pool (6.6m x 3.9m) located within the rear yard of the existing premises.  The pool will be setback 600mm from the south eastern and south western boundary and 2020mm to the north east boundary with the pool filter equipment located on the north western side of the pool centered next to the childproof fence.  A 1200mm high child safety fence is located along the width of the site, setback 2300mm away from the proposed pool.  The proposal also includes new selected paving area around the swimming pool.  The coping level is only 100mm above the existing ground level.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the south-eastern side of The Causeway between Torrington Road and First Avenue in Maroubra.  The site is presently occupied by an existing two storey semi-detached dwelling. The site has a gradual fall from the street to the rear.  

 

Neighbouring the property immediately to the south-west is a pair of single storey semi-detached dwellings (No.’s 11 & 15), to the north-east, the other half of the pair of semis (No.7), which is single storey and to the rear facing Duncan Street is a two storey dwelling.  The locality is residential in nature and contains a mixture of free standing and semi detached dwellings.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

Development application No. 553/1999 for alterations and first floor additions to the existing semi-detached dwelling house was refused under delegated authority on 26 August 1999.  A review of the determination resulted in the decision being confirmed on 18 February 2000.

 

Development application No. 539/2000 for alterations and first floor additions to the existing semi-detached dwelling house was approved by the Health Building and Planning Committee at its meeting on 12 September 2000 subject to conditions.

 

A Section 96 modification of the Development Consent No. 539/2000 reducing the maximum depth of the balcony to 1m and width to 2m and the provision of 1.6m high privacy screens to the side was approved by the Health Building and Planning Committee at its meeting on 10 July 2001.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP - Public Notification. The following submissions were received:

 

5.1     Objections

 

WP & JM Mc Carthy - 7 The Causeway, Maroubra

 

Issue

Comment

The distance of the proposed carspace between the front boundary and front bedroom as stated in the statement is incorrect (5.3m).  According to their surveyor’s report it is actually 5.255m, which is 245mm short of council’s requirements.

Addressed in Section 9 of this report.

The plans indicate that the existing paved area at the front will be replaced with concrete.  Drainage in the past was not considered and the paved area was sloped to their property, therefore causing a burden with water runoff into their property.

 

The footpath slopes away from the road towards the property.  Flooding has also occurred on the footpath during heavy rain, questioned where the water will be diverted too.

The hardstand carspace is recommended for refusal and therefore the front hard paved surface area will remain unchanged.

Concerned where the pool water will be pumped out to.

The back wash of water is normally pumped into the sewer.

Noise and odour (fumes) concerns as the carspace will be located next to their main bedroom.  Also noise associated with the general use of the pool and the filtration system.

The hardstand carspace is recommended for refusal and standard noise conditions in relation to the pool plant and equipment have been included in the report.

The owners of No. 9 The Causeway have carried out a first floor addition in 2002 and have not complied with a number of Councils’ conditions.  The stormwater requirement has not been complied with therefore the details submitted in the Statement is incorrect.

The main drainage concerns relate to the previous DA-539/2005 and the matter has been referred to the Environmental Health and Building Services for appropriate action.

The owners of No. 9 The Causeway have caused significant damage to their property and have not settled their claim.  They feel that Council should not consider any further development of No.9 until matters relating to the previous development are resolved.

This is a separate matter and should be dealt with between the two parties.  In any case the hardstand carspace is recommended for refusal.

 

 

Note: An additional letter was submitted to the Environmental Health and Building Service explaining that the previous development application failed to comply with a number of conditions imposed by the Council.  This submission has been attached to this development application and the full content of this submission is available for perusal on the file.  The letter was also referred to the Environmental Health & Building Services for appropriate action.

 

 

Mr V. E Davis - 11 The Causeway, Maroubra

 

Issue

Comment

Drainage concerns for the previous approval, which allowed a second storey addition and the construction of the pit in the middle of the backyard.  The drainage plans are incomplete and the failure to complete these plans may relate to this new application.  When heavy rain takes place the overflow of water drains into the passage way of No.11 and with the construction of the swimming pool in the rear yard, this will only further create a concern and the removal of grass combined with the uncompleted drainage system will exacerbated the problem.

The back wash from the pool will be discharged into the sewer.  The main drainage concerns relate to the previous DA-539/2005 submitted and the matter has been referred to the Environmental Health and Building Services for appropriate action. 

A condition has been imposed so that a 1m strip of landscaping is provided to the north eastern side of the boundary running the length of the pool.

Kay R Saville (Daughter of Jean Phillips) - 10 Duncan Street, Maroubra

 

Issue

Comment

The plans submitted are deficient in detail and do not discuss the coverage of ground space and the amount of soft landscaped area to be retained.  Concerned that the great coverage of land by way of building, proposed pool and hard surfaces such as driveways and paving will further cause a drainage problem.  Concerned that water spilling down from the higher ground level will cause a major problem and this has dramatically increased in the past years.  Their property has been flooded in the past and has caused water to flow through four carpeted habitable rooms; this has been very traumatising and inconvenient.

Acknowledged, however the back wash from the pool will is discharged into the sewer and should not impact on the adjoining properties.  A condition has been imposed so that landscaping is provided to the north eastern side boundary to increase the amount of soft permeable treatment.  (Refer to Section 8 – Landscaping for further assessment).  The front section will remain unchanged as the car space has been recommended for refusal.

 

5.2  Support

 

No supporting letters have been received by the neighbouring properties.   However in support of the application the applicant has submitted a letter supporting the application and addressing the letters of objections.  The following statements were made:

 

·        In relation to the DCP for Garages, Carport and Driveways (4.7.2) they are aware that their plans are marginally outside the councils guidelines by only 220mm (5.28m x 2.5m).  However they request that council favourably consider the proposal as submitted. They have noted that the car parking area of the adjoining property is only 4.65m x 2.5m, which is also less then the dimensions stated in the guidelines.  There is sufficient room to manoeuvre the vehicle in the space safely and the carspace, which is to be parked in the area, is their Mazda 323 (4.1m in length x 1.7m in width).

 

·        The reason for the carspace is to obtain on-site parking for security and protection of their vehicle.  Further reasons for the on-site parking is that they have elderly parents that visit regularly and it very hard to sometimes park out the front of their premises and it is illegal to park on the nature strip, which also can be a hindrance for pedestrians.  Unloading of fortnightly shopping is quite difficult if parking can not be obtained outside the premises.  Further the DCP for Dwelling Houses and Attached Dual Occupancies states that a three or more bedroom residence is provided with two on-site carparking spaces.  They are only asking for one space and they live in a four bedroom residence.

 

·        The area to be altered for the carspace is a non structural wall of an unused front verandah. The structural support will still remain, giving a uniformed and aesthetic appearance to the front of their property.  The proposed landscaping will enhance the overall appearance. They have noted numerous semi-detached houses that have on-site carspaces, which have altered the front appearance of the premises.

·        They are aware that with providing an on-site parking area that stormwater will need to be considered and infiltrated on to their property.  This will be achieved through drainage and landscaping.

 

·        Would like to clarify that the stormwater drainage from the previous development (which shouldn’t really have any relevance to this particular application) was passed by the certifying authority and was deemed acceptable as per council’s regulations.  They have place a pit to absorb the runoff of water from the downpipes on the southern side of the property.  They are also investigating the installation of a rainwater tank, which would be attached to a downpipe.

 

·        Would like to confirm that the pool filtration system will be housed at the rear of the yard away from any inhabitable living areas of their neighbouring properties.  The surrounding area will be paved using appropriate base to assist with drainage as well as any other drainage method associated with the pool.  The area within the pool fence will also be landscaped and the area in front of the pool fence will remain grassed, which will also assist with stormwater runoff.  Furthermore, the neighbouring properties have in ground pools and it seems unjust if they were unable to do this some.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Engineering Issues

 

The application was referred to the Director of Assets and Infrastructure Services for comment.  No objections were raised subject to conditions with any approval.  The following comments were made:

 

Landscape Comments

 

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

 

7.       MASTER PLANNING REQUIREMENTS

 

The site is less than 4000m² and therefore a master plan is not required.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)     Randwick Local Environmental Plan 1998

 

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

8.1     Policy Controls

 

The following Policy controls are relevant to the application:

 

a.       Development Control Plans

 

·                 Dwelling Houses and Attached Dual Occupancies; and 

·                 Parking DCP

 

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

 

Landscaping

 

Preferred Solution

Assessment

S1

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

Approximately 54% 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 105m² Complies.  This area includes the pool.

 

Without the pool the rear yard has an area of 40.8m².  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 15.4 x 6.8 metres.  Complies.

 

Without the pool the above area will have dimensions of 6 x 6.8 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.

With the inclusion of the landscaped area to the north eastern side of the boundary adjacent to the pool, approximately 20% of the site area is available as permeable treatment. Complies.  (See further assessment below).

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The front door is not altered and will remain facing the street. Complies.

S1,3

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

The front window will remain unaltered and will continue to overlook the street.  However once the vehicle is parked in the area vision of the street could be obstructed.  See assessment below.

 

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 existing dwelling does not have any onsite carparking.  The existing dwelling has 4 bedrooms and therefore requires 2 carspaces.  However the applicants would like to provide for one carspace on the site.  Complies.

S1

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

The dimensions of the parking spaces are 5.28m x 2.4. Does not comply – see assessment below.

S1

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

The proposed driveway is 2.5 metres wide.  Does not comply – see assessment below.  However the carspace is setback at least 1 metre from the side boundary. Complies.

S1

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

The proposed driveway is 2.5 metres at the front boundary.  Complies.

S1

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

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

S2

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

The proposed hardstand carspace occupies about 36.7% of the width of the site frontage. Does not comply – see assessment below.

 

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.

Not applicable.

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.

Although the proposed fencing complies with the preferred solution, given that the proposed new fence has been designed to integrate a new hardstand carspace (of which the carspace has not been supported), the fence at the front of the property also cannot be supported.

 

 

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     Development Control Plans – Dwelling Houses and Attached Dual Occupancies

 

Landscaping

 

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.

 

Concerns have been raised in relation to the amount of soft landscaping area available on the site.   To address the objectors concerns and to improve stormwater infiltration to the site soft landscaping is to be provided to the north eastern boundary adjacent to the pool. 

 

Visual & Acoustic Privacy

 

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 proposed inground swimming pool is setback sufficiently from the rear and side boundaries complying with the relevant assessment criteria and will not result in any adverse impact upon either the amenity of the adjoining premises or the character of the locality.  In addition, the fence structures to the rear and side boundary are relatively high, such that any privacy concerns of the adjoining properties at the rear and side will be adequately screened.

 

9               Garages & Driveways

 

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 proposed hardstand carspace to the front of the dwelling does not comply with a number of requirements in the preferred solutions table; however it is acknowledged that the non-compliance is marginal.  The length of the carspace (5.255m) does not meet the preferred solution (5.5m) and once the verandah balustrade wall is removed, the insertion of the carspace/vechicle in the verandah will detract form the overall design and appearance of the dwelling.  Moreover, the front width occupies more than 35% of the site (36.7%) and the driveway width is less than 3m (2.5m).

 

The performance requirements allows for parking areas before the building line and hardstand parking areas are considered preferable to a garage or carport where it can be demonstrated that it does not dominate or detract from the appearance of the existing development and the local streetscape.

 

The removal of the front verandah balustrade wall will detract from the character and overall design of the dwelling, and by placing a car in this location will dominate the front portion of the site.

 

It is acknowledged that there is one other example of a carport structure with a hardstand carspace at the front of the dwelling at No. 11 The Causeway that has similar dimensions.  However, the carspace is not located within a verandah and it should be noted this was approved under a different planning regime that has been superseded by one that places more weight on the retention of the integrity of the existing streetscape.  To permit this hardstand carspace at the front of the building and within the verandah would set an undesirable precedent for further similar proposals in front of semi-detached dwellings and is not sufficient justification for approval.

 

9.2     Development Control Plans - Parking

 

Although the applicant has stated that the length of the carspace is 5.28m the plans indicate that the actual length is 5.255m.

 

The minimum dimensions outlined in the DCP for Parking for a car space are 5.5m x 2.5m.  The length of the carspace is marginally outside this control.  However small car spaces in certain circumstances such as in multi-unit buildings may be considered and the minimum dimensions for such spaces are 4.9m long x 2.4m wide.  The applicant argues that the discrepancy is marginal by only 220mm and the vehicle which is to be parked in the area is much small in length (Mazda 323 being 4.1m in length x 1.7m in width).   Notwithstanding, it is considered inappropriate in this circumstance to provide a space in this location that would detract from the overall design and appearance of the dwelling.

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposed carspace to the front of the existing semi-detached dwelling does not comply with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of the DCP for Dwellings and Attached Dual Occupancies and will detract from the appearance of the dwelling and the character of the locality.

 

The proposed swimming pool to the rear is recommended for approval and this section satisfied the relevant assessment criteria.  To improve stormwater infiltration to the site it is recommended that soft landscaping be provided to the north eastern boundary adjacent to the pool (Condition 3).  Provided this condition is complied with, the proposal should not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

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 DA/298/2005 for Construction of a new front hardstand carspace and a new rear inground swimming pool at 9 The Causeway, Maroubra subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the amended plans numbered A1-2201, dated 23/03/05 and received by Council on 19 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:

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

 

2.       The proposed front hardstand carspace and associated front fencing, landscaping and concrete paved area shall be deleted from the submitted plans as the carspace is considered inappropriate for the following reasons:

 

·        The proposed hardstand carspace necessitates the removal of the balustrade wall to the existing verandah, which will detract from the overall appearance and design of the existing pair of semi-detached dwellings and the streetscape.

 

·        The proposed hardstand carspace does not comply with the preferred solutions of the DCP for Dwellings and Attached Dual Occupancies in that the structure will occupy more than 35% of the width of the allotment and does not meet the minimum dimension requirements for carparking spaces.

 

·        Once the vehicle is parked in the proposed space it would be difficult to provide adequate street surveillance as the front window will be hindered by the vehicle and will therefore not comply with the performance requirements.

 

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

 

3.       The applicant is required to provide soft landscaping along the north eastern side boundary, from the eastern corner of the site and is to run the full length of the swimming pool extending a distance of 1 metre off the north eastern side boundary; to maintain reasonable levels of amenity to the adjoining properties and to improve stormwater infiltration.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

4.       External paths and ground surfaces are to be graded and drained away from the building and adjoining premises in such a manner so as not to result in the entry of water into a building, or cause a nuisance or damage to the adjoining premises.

 

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

 

5.       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.

 

6.       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.

 

7.       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.

 

8.       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.

 

9.       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.

 

10.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

 

·        name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable);

·        name, address and telephone number of the Principal Certifying Authority; and

·        a statement stating that “unauthorised entry to the work site is prohibited”.

 

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

 

          The relevant requirements of the Environmental Planning & Assessment Regulation 2000 and relevant conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

          An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent and conditions of consent.

 

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

 

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

 

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

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

 

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

 

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

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

 

          Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

          At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.2% of the cost of the works.

The following 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:

 

14.     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 .

 

15.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

 

26.     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.

 

27.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

          A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitles “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 entitles “Cardio Pulmonary Resuscitation: published by the Australian Resuscitation Council.

 

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

 

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

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

 

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

 

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

 

          In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

30.     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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

31.     There are to be no emissions or discharges from the premises which give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

 

ADVISORY MATTERS:

 

A1     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

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

 

          You are therefore advised to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

CHAHRAZAD RAHE

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

7 June, 2005

FILE NO:

DA 871/2004A4 Plans

 

PROPOSAL:

 Alterations and first floor addition to existing dwelling house.

PROPERTY:

 65 Byron Street Coogee

WARD:

 East Ward

APPLICANT:

 Catherine Dixon

OWNER:

 Ms Katie Marie Kui Young, Mr Sherman Young, Ms Renee Young

 Ms Amanda Baldwin

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillors Notley-Smith, Nash & Belleli.

 

The application details alterations and additions to the existing dwelling to provide for a new upper level, the installation of a new in ground swimming pool and deck and filling in of the existing in ground swimming pool.

 

The main issue is the level of overshadowing of the adjoining dwellings in Oberon Street that will arise as a result of an upper level being provided to the dwelling.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application details alterations and additions to the dwelling including the reconfiguration of the existing ground floor level to provide for four bedrooms, three bathrooms, family room, laundry and double garage, and provide a new upper level comprising a study and open plan living areas leading to a covered balcony to the rear upper level. It is also proposed to demolish the existing patio to the rear of the dwelling and erect a new deck to the rear with a return to the southern elevation including a pergola to the eastern edge and a swimming pool change room beneath, and an external spiral staircase connecting the lower deck to the deck above. It is also proposed to fill in the existing swimming pool to the rear of the dwelling and install a new lap pool to the southern side of the site and carryout landscaping works within the existing front yard.

 

The proposed building works will provide for an additional 150m² of additional floor area to the dwelling.

         

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The premises is within a residential locality which contains a variety of single and two storey semi detached and free standing dwellings and multi unit housing development.

 

The subject premises is on the eastern side of Byron Street on the crest of hillside which is at the highest point in this section of Coogee and adjoins an unnamed reserve at the end of the cul de sac. The site has overall dimensions of 13.3/14.95m x 49.735/50.075m with a site area of 705m², and the site falls from the street frontage towards the rear of the site with a difference in levels of up to 3m, and across the site from the northern side to the southern side boundary with a difference of 7m at the rear and 3m at the front of the site.

 

4.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP – Public Notification. The following submissions were received:

 

 

 

 

4.1     Objections

 

A and S Cleaver of 155 Oberon Street, Coogee

 

Issue

Comment

There will be a loss of direct sunlight to their property during winter which has serious implications for energy efficiency.

Shadow diagrams included with the application indicate that during the winter solstice there will be some additional shadow cast upon the rear yard of this property from mid morning until early afternoon, and as a result the DCP preferred solution requirement that a minimum of at least 3 hours of sunlight being provided to the outdoor recreation space is not complied with. However it is considered that the proposal, subject to a reduction in height, meets the performance requirements as the extent of overshadowing, has been minimised.

There will be a significant invasion of privacy in the principal outdoor living area.

An inspection of the premises including upon the existing skillion roof of the dwelling which is in the same position and level as the proposed upper level new deck to the dwelling indicates that due to the significant difference in height between this dwelling and the lower level dwellings in Oberon Street the direct overlooking of the private outdoor areas of the objectors premises is restricted and a deferred commencement condition to reduce the depth of the upper level terrace and deck to the southern and eastern elevation is recommended to further restrict potential overlooking.

The sheer bulk and presence of the proposed development is out of character with the surrounding area.

Having regard to the nature of the adjoining development in Byron Street which includes two and three level dwellings of very much larger bulk and scale it is not considered that the proposed development could be considered excessive in the context of the local streetscape.

There may be increased noise levels resulting from the use of the additional outdoor entertaining areas and the lap pool.

Suitable conditions of consent may be imposed with respect to the enclosure of all pool plant and equipment to mitigate noise emissions.

There will be an adverse impact upon the desirability and consequently the economic value to the surrounding premises.

There is no evidence to suggest that the proposal will result in the loss of property values for surrounding premises.

 

 

I Hamilton of 157 Oberon Street, Coogee

 

Issue

Comment

The proposal will result in a complete loss of sunlight to the backyard for up to half of the year.

See previous comments and Assessment Section.

The addition will contain a number of windows and a deck and balcony which will look directly into the backyard.

An inspection of the premises including upon the existing skillion roof of the dwelling which is in the same position and level as the proposed upper level new deck to the  dwelling indicates that due to the significant difference in height between this dwelling and the lower level dwellings in Oberon Street the direct overlooking of the private outdoor areas of the objectors premises is restricted and a deferred commencement condition to reduce the depth of the upper level terrace and deck to the southern and eastern elevation is recommended to further restrict potential overlooking.

The proposed devel