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

 

21 August 2008

 

ORDINARY COUNCIL MEETING

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 27TH SEPTEMBER 2005 AT 6:00 PM.

 

 

1           Council Prayer

 

2           Apologies

 

3           Minutes

 

            CONFIRMATION OF THE EXTRAORDINARY COUNCIL MEETING HELD ON TUESDAY, 20 TH SEPTEMBER, 2005.

 

CONFIRMATION OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 23RD AUGUST, 2005.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addresses to the Council by the Public

 

6           Mayoral Minutes

 

7           General Manager's Reports

 

7.1                        

GENERAL MANAGER'S REPORT 46/2005 - AFFIXING OF THE COUNCIL SEAL.

2

 

7.2                        

GENERAL MANAGER'S REPORT 47/2005 - E-BUSINESS STRATEGY FOR RANDWICK CITY COUNCIL.

4

 

 

8           Director City Services' Reports

 

8.1                        

DIRECTOR, CITY SERVICES' REPORT 109/2005 - NAMING OF AREA LOCATED AT 1613 ANZAC PARADE, LA PEROUSE.

16

 

8.2                        

DIRECTOR, CITY SERVICES' REPORT 110/2005 - ROADS TO RECOVERY GRANT FUNDING – CONSTRUCTION OF FERGUSON STREET, MAROUBRA.

18

 


 

8.3                        

DIRECTOR, CITY SERVICES' REPORT 111/2005 - PROVISION OF DECK CHAIRS OR RELATED HIRE FACILITIES AT COUNCIL'S BEACHES.

20

 

8.4                        

DIRECTOR, CITY SERVICES' REPORT 112/2005 - USE OF GOLDSTEIN RESERVE FOR MAJOR SAND SCULPTING AUSTRALIA EVENT.

24

 

 

9           Director Governance & Financial Services' Reports

 

9.1                        

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 38/2005 - LOCAL GOVERNMENT ASSOCIATION OF NEW SOUTH WALES - 2005 ANNUAL CONFERENCE.

28

 

9.2                        

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 39/2005 - LA PEROUSE LAND COUNCIL - REQUEST FOR RATE EXEMPTION.

30

 

 

10         Director City Planning Reports

 

10.1                        

DIRECTOR, CITY PLANNING REPORT 59/2005 - LICENSED PREMISES AND ALCOHOL RELATED ANTI-SOCIAL BEHAVIOUR IN THE COOGEE AREA.

33

 

10.2                        

DIRECTOR, CITY PLANNING REPORT 60/2005 –

22 MINNEAPOLIS CRES MAROUBRA.

45

 

10.3                        

DIRECTOR, CITY PLANNING REPORT 61/2005 –

1 CAERLEON CRESCENT, RANDWICK.

56

 

10.4                        

DIRECTOR, CITY PLANNING REPORT 62/2005 -

54-56 MELODY STREET, COOGEE.

85

 

10.5                        

DIRECTOR, CITY PLANNING REPORT 63/2005 -

10-40 PINE AVENUE, LITTLE BAY AND LOT 26 IN DP 270427.

114

 

 

11         Petitions

 

12         Motions Pursuant to Notice

 

12.1                        

By Councillor Tracey – Minimisation of Construction Hours. 

193

12.2

By Councillor Andrews – Removal of Median Strip. 

193

12.3

By Councillor Andrews – Installation of Angle Parking in Fenton Street, Maroubra. 

193

12.4

By Councillor Andrews – Review of Filming Policy. 

193 & 194

 

 

13         Urgent Business

 

14         Confidential Reports

 

14.1                        

GENERAL MANAGER'S REPORT 48/2005 - MAROUBRA BEACH PAVILION - CAFE & KIOSK - LEASE TENDER EVALUATION - T036/05.

195

 

14.2                        

DIRECTOR, CITY SERVICES' REPORT 113/2005 - CONCRETE FOOTPATH WORKS - VARIOUS STREETS TENDER NO T047/05.

202

 


 

15         Committee-of-the-Whole

 

16         Report of Committee-of-the-Whole

 

17         Notice of Rescission Motions

 

 

 

 

……………………………

GENERAL MANAGER


 

GENERAL MANAGER'S REPORT 46/2005

 

 

SUBJECT:

AFFIXING OF THE COUNCIL SEAL

 

 

DATE:

20 September, 2005

FILE NO:

F2004/06336, F2004/07593

 

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

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

 

ISSUES:

 

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

 

1.         Mr Tony Patellis (T/As Café Congo) in relation to a licence for the purpose of outdoor dining at 208 Arden Street, Coogee.

2.         George & Chrisi Kotsidis (T/As Gloria Jeans Coffees) in relation to a licence for the purpose of outdoor dining at Shop 3/73 Belmore Road, Randwick.

3.         Sam Kern (T/As Parc Café) in relation to a licence for the purpose of outdoor dining at 30 Clovelly Road, Clovelly.

4.         Maroubra Diggers Junior Swimming Club in relation to two licences for part of Lots 1211, 7026-7027 DP 752015 more particularly known as the Des Renford Aquatic Centre Club room.

5.         Kensington Bowling Club in relation to a lease for part of Kensington Park Reserve, more particularly known as Kensington Bowling Club.

 

FINANCIAL IMPACT STATEMENT:

 

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

 

1.         An outdoor dining licence agreement with Mr Tony Patellis (T/As Café Congo) will generate an annual income of $10,167.65 + GST.

2.         An outdoor dining licence with George & Chrisi Kotsidis (T/As Gloria Jeans Coffee) will generate an annual income of $1,498.93 + GST.

3.         An outdoor dining licence agreement with Sam Kern (T/As Park Café) will generate an annual income of $2,120.20 + GST.

4.         The licence agreements with Maroubra Diggers Junior Swimming Club will generate an annual income of $1.00 + GST.

5.         A lease agreement with Kensington Bowling Club will generate an annual income of $5,000.00 + GST.

 

CONCLUSION:

 

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

 

RECOMMENDATION:

 

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

 

1.         Mr Tony Patellis (T/As Café Congo) in relation to a licence for the purpose of outdoor dining at 208 Arden Street, Coogee.

2.         George & Chrisi Kotsidis (T/As Gloria Jeans Coffees) in relation to a licence for the purpose of outdoor dining at Shop 3/73 Belmore Road, Randwick.

3.         Sam Kern (T/As Parc Café) in relation to a licence for the purpose of outdoor dining at 30 Clovelly Road, Clovelly.

4.         Maroubra Diggers Junior Swimming Club in relation to two licences for part of Lots 1211, 7026-7027 DP 752015 more particularly known as the Des Renford Aquatic Centre Club room.

5.         Kensington Bowling Club in relation to a lease for part of Kensington Park Reserve, more particularly known as Kensington Bowling Club.

 

 

ATTACHMENT/S:

 

Nil

 

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

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 47/2005

 

 

SUBJECT:

E-BUSINESS STRATEGY FOR RANDWICK CITY COUNCIL

 

 

DATE:

21 September, 2005

FILE NO:

F2005/00422

 

 

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

Council at its meeting held on 26 July, 2005 considered an update review of the Councils Online (COL) Solution.  This review focused on current status, technical considerations, etc. and made mention of an E-Business Strategy for Randwick City Council.  Council resolved that a further report on Council’s E-Business Strategy be provided to the September Ordinary Meeting.

 

This report looks at the current status of Randwick’s web site and its interactive facility, considers what is available on three other metropolitan Council’s web sites, and finally details Randwick’s E-business strategy including estimated time-frames for the introduction of  the various components. The details in this report make up part of the IT Strategic Plan that is currently being developed.

 

 

ISSUES:

 

Current Status

 

The Randwick City Council (RCC) Web site is hosted and maintained on a Council owned server housed in the IT Services Department at Council’s Administrative Centre, Frances Street Randwick.

 

The Web site largely comprises of static information with limited interactive facilities. Interactive sites can be described as sites that provide opportunities for the community to interact with Local Government particularly in the area of “Community consultation” and “e-Commerce” facilities. This includes interactions such as email, online payments, online reservations, online submissions, discussion groups, and community notice boards.

 

The RCC Web site currently provides the community with the ability to access and search Randwick City Library’s catalogue online. It further provides Library members with the facility to reserve books online, renew books online, and to change their personal details online. There is also the facility to access free online journals, magazines, and encyclopaedias.

 

The web site also contains an email address for Library queries and a general email address for Council. This provides the facility where by an email can be sent by simply clicking on the email address link.

 

In addition to the above, Randwick City Council’s web site also provides the following functionality:

 

·    DA Searching - this provides limited searching facilities for lodged and determined DAs. This limited functionality will be further expanded by the COL solution to provide full DA tracking functionality.

 

·    Waste Calendar Search – this provides members of the public with the ability to check for the next dates for garbage, recycling, and green waste pickups. Further development of this functionality is currently in progress and will provide access to the entire yearly calendar for these services.

 

·    Council Meeting Agendas searching – this provides members of the public with the ability to search and retrieve old (archived) and upcoming Council meeting agendas.

 

·    News and Events – under the News and Events heading on Councils web site, members of the public are able to search for and retrieve archived Mayor’s messages, media releases, and community events by date.

 

How does Randwick’s Web site compare with other Councils?

 

NSW Councils are at various stages of providing “e-Commerce” facilities and “Community consultation” online.

 

A number of metropolitan Councils are ahead of Randwick in respect to providing these online services to the Community.

 

Councils who already provide online services to the community include:

 

·    Pittwater Council – interactive facilities available via Pittwater Council’s web site includes:

o E-Certificate Services – provides the ability to apply for  Section 149 Part 2 Planning Certificates, Section 149 Part 5 and Part 5 Planning Certificates, Section 603 Rates Certificates, and Outstanding Notices Certificates online. These certificates can then be sent to applicants via email.

o Development Applications – provides the ability to submit a Pre Lodgement Meeting Application online, lodge a Development Application online, track a Development Application online, apply to modify an already approved Development Application online, apply for reconsideration online, and submit and track a Construction Certificate online.

o Ability to submit Employment Applications Online.

o Submit an e-News Registration form online. This registers an applicant to receive the Mayors fortnightly column via email.

o Rates and Online Payments. This allows for the online payment via credit card of rates and sundry invoices.

o Masterplan Enquiry Services - This service identifies the majority of policies applying to a property and allows constituents to find the controls within Pittwater 21 Development Control Plan relevant to the type of development they may wish to undertake on their property. It also provides a guide for information to be submitted and the development application form required for lodgement of the application.

o Library Facilities. This includes searching the library catalogue, reserving books, and renewing books online.

o Online Bookings – Allows for booking Council facilities such as parks and halls online.

o Access to Council Business Papers Online

 

The Pittwater Council web site can be viewed at: www.pittwater.nsw.gov.au

 

·    Auburn Council – interactive facilities on the Auburn Council web site includes:

o Virtual online tours of Parks and Community Buildings

o Access to Council Business Papers online

o Logging service requests online

o Access to Library facilities including searching the library catalogue and reserving books online

o Online payment of Rates via Australia Post billpay

 

The Auburn Council web site can be viewed at: www.auburn.nsw.gov.au

 

·    Botany Bay City Council – interactive facilities on the Botany Bay Council web site includes:

o Online rates payments via credit card

o Live Council Meeting Webcast. This facility allows you to see and hear Council and Committee Meetings live on the web.

 

The Botany Bay Council web site can be viewed at: www.botanybay.nsw.gov.au

 

Development of Interactive Facilities on Randwick’s Web Site

 

The development of interactive facilities on Randwick’s web site will be approached in two ways – in-house development and as part of the Councils Online (COL) solution.

 

In-House Development

 

Interactive facilities for the RCC Council web site to be developed or initiated in-house include:

 

·    Web Site Redesign

 

An aesthetic redesign of Councils web site (i.e. the “look and feel” of the website) will be undertaken in the 2005/06 year and will be completed and deployed by end February 2006.

 

·    Web-Casting of Council Meetings

 

At the Council Meeting of 26 April 2005 it was resolved that Council give its in principle support to the Web-casting of Council and Committee meetings and that a report detailing costs and other related matters, including costing for both audio and video Web-casting and legal implications be prepared.

 

Attachment 1 of this report contains a memorandum from Council’s Web Services Officer which considers the following:

 

o The Streaming Process

o Infrastructure Considerations

o Web Accessibility Considerations

o Hardware & Software Requirements

o Digital Rights Management

o Current Initiatives

 

Although it is intended that the overall delivery of this solution be provided in-house, the solution itself will need to be provided by an external vendor.

 

A further report will be provided to the first Ordinary Council meeting of 2006 detailing costs involved and an overall timeframe for development and implementation. To obtain this information IT Services will issue either an RFQ (Request For Quotation) to vendors on the appropriate State Contract or an open RFT (Request For Tender). The results of this RFQ/RFT will be included in the report with a recommendation on which third party vendor should be awarded the contract should Council decide to pursue the web casting of Council meetings.

 

·    Virtual Tours of Council Facilities

 

Virtual Tours of Council facilities will provide a 360 degree view of Council’s parks, beaches, pools and other community facilities over the Internet. Council’s IT Services will develop a scoping document for this in December 2005 and will provide a recommendation report to the first Ordinary  Council meeting in 2006 which will include all associated costs including photographic costs.

 

The Web Steering Committee will determine the order in which it is anticipated that some virtual tours of Council facilities will be available in the first quarter of 2006 i.e. by end March 2006.

 

·    Access to Councils Business Papers Online

 

Access to Council Business Papers will be available to be viewed online. Council is currently negotiating to archive the existing Business Paper system so that Councillors and staff have a “search and retrieve system” for reports covering say a five year period. This functionality could then be extended to allow public access to old business papers. The Agenda to Action module of the COL solution relates to an Electronic Business Paper system. This new system is scheduled for deployment at Randwick in the final quarter of 2005/06 financial year. Once this system has been deployed, Business papers and reports would be made available to the public online.

 

·    Other In-House Developments

 

Other projects being developed in-house include the following:

 

o Prose Content Management System – A content management system (CMS) supports the creation, management, distribution, publishing, and discovery of corporate information. It covers the complete lifecycle of the pages on a web site, from providing simple tools to creating the content, through to publishing, and finally to archiving. It also provides the ability to manage the structure of the site, the appearance of the published pages, and the navigation provided to the users. This will be deployed by end December 2005.

o Waste Calendar Phase 2 - this will expand on the Waste Calendar currently on the web which provides members of the public with the ability to check for the next dates for garbage, recycling, and green waste pickups. This enhancement will provide access to the entire yearly calendar for these services. This will be available for public access by end December 2005.

 

o What’s On (Event Calendar) – this will provide a calendar with details of upcoming events in the city. This will be available by end January 2006.

 

Councils Online

 

The Councils Online solution will provide Council’s e-Commerce and Constituent interaction requirements. This includes the following facilities:

 

·    Portal

 

The COL portal will be the gateway for the public to access the Councils Online constituent facilities such as lodgement of DAs and online payments. The public will be able to request an external customer Portal ID to allow them access to Councils Online. Registered users will have access to all Councils Online facilities whilst limited access to Councils Online may be provided to public users i.e. guests who do not have or do not want to apply for a portal ID. Managing external access and registrations will involve some manual work for IT staff but a large percentage will be automated. The COL portal is now in its testing phase and these and other issues will become clearer and how they should be handled at the end of this process.

 

The COL Portal will be up and running by 30 June 2006.

 

·    ePathway

 

The ePathway component of the Councils Online solution will provide constituents with the ability to:

 

o Access E-Certificate Services – provides the ability to apply for Section 149 Part 2 Planning Certificates, Section 149 Part 5 and Part 5 Planning Certificates, Section 603 Rates Certificates, and Outstanding Notices Certificates online. These certificates can then be sent to applicants via email.

o Lodge Development Applications – provides the ability to submit a Pre Lodgement Meeting Application online, lodge a Development Application online, track a Development Application online, apply to modify an already approved Development Application online, apply for reconsideration online, and submit and track a Construction Certificate online.

o Payment of Rates online by credit card

o Payment of sundry debts online by credit card

o License applications online

 

The ePathway component of the COL solution will be deployed and available for constituent access by 30 June 2006.

 

·    RMS Online

 

The RMS component of the COL solution will provide the public with the ability to book Council facilities such as halls and sporting fields online. This, combined with the virtual tours of Council facilities, will provide the public with a simple yet complete picture of Council facilities and their availability.

 

The RMS Online component of the COL solution will be deployed and available for constituent access by 30 June 2006.

 

·    iSupport

 

The iSupport component of COL will provide members of the public and Councillors with the ability to raise service requests online. This component will be deployed and available for constituent access by 30 June 2006.

 

·    iRecruitment

 

The iRecruitment component of COL will provide members of the public with the ability to submit Employment Applications Online. This component will be deployed and available for constituent access by 30 June 2006.

·    Masterplan Enquiry Services - This service identifies the majority of policies applying to a property and allows constituents to find the controls within the Randwick Development Control Plan relevant to the type of development they may wish to undertake on their property. It also provides a guide for information to be submitted and the development application form required for lodgement of the application. This will be available by end March 2006.

 

·    DA Tracking

 

The deployment of the COL module Masterview will facilitate full tracking/searching of DAs. This will replace what is currently on Council’s web site and should be available by end December 2005.

 

·    Library Facilities

 

As mentioned in the “Current Status” section of this report, library facilities are already deployed and are able to be accessed by the public online. It includes the ability to access and search Randwick City Library’s catalogue online, provides Library members with the facility to reserve books online, renew books online, and to change their personal details online. This has been available now for approximately 12 months.

 

Future Development

 

A further report will be submitted to Council in August 2006 which will review e-Business achievements in 2005/06 and will detail the e-Business strategy for the 2006/07 year. Future considerations include:

 

·    A daily online beach/surf report

·    Online live video showing surf/beach conditions

·    Online GIS functionality

 

FINANCIAL IMPACT STATEMENT:

 

The cost of providing e-Commerce capability via the Councils Online solution is already covered in the contract Council has with Capgemini. Additional development costs such as the linking of the Councils Online solution for constituents with Councils web site can be done in-house by Council’s IT Services department and will be funded by the current IT budget. The impact of providing support for online constituents still needs to be further reviewed and this will determine if there is any financial impact. Any other development overheads have yet to be determined but if incurred are expected to be minimal.

 

The cost of developing virtual tours of Council facilities will be detailed in a report to be submitted to the first Ordinary Meeting in 2006. It is envisaged at this stage that a large percentage of this can be developed in-house but an actual investigation and breakdown of costs will need to be conducted.

 

The cost of developing and implementing the web casting of Council meetings will be detailed in a report that will be provided to the first Ordinary Council meeting of 2006.

 

All other in-house developments will be funded by the current approved 2005/06 IT Budget.

 

These items will also make up part of the IT Strategy currently being prepared.

 

CONCLUSION:

 

Although Randwick Council’s web site is currently primarily a static website the introduction of Councils Online has already provided community access to Council’s Library catalogue and will, as detailed above, provide greater online facilities for the community including the lodgement of certificates, licenses, and online payments. In addition to the capabilities that are and will be provided by the COL solution there are already some interactive facilities for the public to access and Council’s e-Business strategy also makes provision for the web casting of Council meetings, virtual tours of Council facilities, and public access to Council Business papers.

 

A review of the e-Business strategy and what was achieved in the 2005/06 financial year will be conducted in July 2006 and a report on these findings will be submitted to Council at the August 2006 Ordinary Council meeting. This report will also include the e-Business strategy for the 2006/07 year.

 

RECOMMENDATION:

 

That this report be received and noted.

 

 

ATTACHMENT/S:

 

1. Web Services Officer's Report on Webcasting of Council & Committee Meetings

2. E-business Strategy Timeline - A3 attachment under separate cover  

 

 

 

 

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

GENERAL MANAGER

 


Attachment 1

Memorandum

 

TO:                  IT Manager

 

THRU: Business Applications Team Leader

Councils Online Project Manager

 

FROM:            Web Services Officer

 

DATE:             7 June 2005                             FILE:

 

SUBJECT:       Webcasting of Council & Committee Meetings

 

Background

At the Council Meeting of 26 April 2005 it was resolved that Council give its in principle support to the Webcasting of Council and Committee meetings and that a report detailing costs and other related matters, including costing for both audio and video Webcasting and legal implications, be brought back before the next meeting of Council.

 

The purpose of this memo is to provide an overview of the following:

 

1.   The Streaming Process

2.   Infrastructure Considerations

3.   Web Accessibility Considerations

4.   Hardware & Software Requirements

5.   Digital Rights Management

6.   Current Initiatives

The Streaming Process

There are four steps involved in the provision of streaming video and audio via the Internet:

 

1.   Creating the Content

2.   Capturing the Content

3.   Compressing/Encoding the Content

4.   Serving the Content

Creating the Content

Streaming video content is typically created through such means such as a digital video camera. The quality of the camera will have a direct impact on the quality of the resulting video stream.

Capturing the Content

The resulting video must be transferred to a computer. This is accomplished by equipping the computer with a video capture card. The video camera is connected directly to the capture card – typically via a FireWire (IEEE 1394) cable.

Compressing/Encoding the Content

The captured video must then be altered to reduce it's size. There are many software packages that use different algorithms to accomplish this task. Once encoded, the files are usually only viewable on the player associated with the encoding software vendor. Some of the leading vendors/encoders include Real Networks (Real Media), Microsoft (Windows Media), Apple (QuickTime) and Macromedia (Flash).

Serving the Content

Once the video files are created, they must be served to clients. Streaming allows the viewer software to maintain a buffer of data which it uses to playback without having to download the entire file. The encoding software greatly reduces the file size of the original video. The streaming technique then takes advantage of a specialized “streaming video server” (which works in conjunction with a web server) to manage the stream of video between the server and the client. The server can dynamically modify the rate of transmission based on network congestion and other factors, greatly improving the quality of the delivered video. An example of this technique would be Real Media (.rm) files served by a Real Video server.

Infrastructure Considerations

Due to the relatively low quality of streaming video broadcasts via the Internet, it would generally be unacceptable to simply point a single camera at the assembled Councillors or Committee members and view this as a viable solution. For a constituent receiving the streaming video via their home computer, it would be necessary for the current speaker to have focus when speaking (for example, a close-up headshot of the current speaker). This would therefore require the services of one or more camera operators and a mixing desk operator – which in turn implies the logistical consideration of where to locate the mixing desk and various equipment operators within the Council chambers.

 

Related also to the relatively low quality of the resulting stream is the issue of quality audio. The provision of quality, “audible” audio may be seen as an even more important consideration than the provision of a distinguishable video stream, as, without being able to distinguish what is being “said,” the exercise becomes futile. Therefore, a Webcasting solution may involve a total redress of the audio facilities currently utilised in Council and Committee meetings.

Web Accessibility Considerations

Guideline 1 of the World Wide Web Consortium’s (W3C) Web Accessibility Initiative’s (WAI) Web Content Accessibility Guidelines specifies that a Web author must:

 

Provide content that, when presented to the user, conveys essentially the same function or purpose as auditory or visual content.

 

In order to satisfy Guideline 1, it would therefore be necessary to provide equivalent alternatives to the streaming video/audio content. “Equivalent alternatives” may include closed captioning or a picture-in-picture of a person translating what is being said into sign language. Both solutions would, of course, require the appropriate skilled resources.

Hardware & Software Requirements

If Council decides to have a solution supplied by an external vendor, hardware and software requirements will be tailored to the solution itself. However, as a broad overview, any solution would require the following:

Hardware

·    Audio equipment

o Microphones

o Mounting equipment

o Mixing equipment

·    Video equipment

o Digital video cameras (possibly up to three or more)

o Tripods/mounting equipment

o Mixing equipment

·    Streaming video server

o Powerful (preferably dual or quad) processor/s

o Large capacity (preferably SCSI RAID) hard disk drives

o Video capture card

Software

·    Operating System

·    Encoding and delivery

o Real Media

o Windows Media

o Apple QuickTime

o Macromedia Flash

Digital Rights Management

Digital Rights Management is a technology and a methodology that offers a platform for secure distribution of digital media files. Exploring options surrounding digital rights management could help to:

 

·    Enhance security of streaming video files

·    Limit the number of times a file can be played

·    Determine when the user can start playing the file

·    Specify and enforce an expiration date for the file

 

Due to the nature of the content that is to be streamed, digital rights management should be a consideration when making a determination on the solution that is to be adopted.

Current Initiatives

The most notable initiative in the realm of Local Government Webcasting to-date is that embarked upon as a component of the Local Government Online Services (LGOS) Programme. The component involved the Municipal Association of Victoria undertaking a trial that would provide Webcasting of Council Meetings over the Internet. According to the press release, the aim of the initiative was to “strengthen the democratic process between Government and citizens by increasing the accessibility of Council meetings.”

 

Wellington Shire Council < http://www.wellington.vic.gov.au > was the first Local Government in Australia to Webcast Council meetings with chat functionality. Once again, the press release states:

 

The benefits that Wellington have gained include enabling citizens to view meetings and submit questions (through the site chat facility) irrespective of distance, and improved Council business due to Councillors being more conscious of how they conduct themselves, where their audience is and the type of responses that they give.

 

Service Providers

Streamx < http://www.streamx.com.au/ >

Apstream < http://www.apstream.net/ >

References

·    How to Stream Video < http://ils.unc.edu/video/how.html >

 

 

 

For your consideration

 

 

 

 

______________________________

Robert Love


 

Director, City Services' Report 109/2005

 

 

 

SUBJECT:

NAMING OF AREA LOCATED AT 1613 ANZAC PARADE, LA PEROUSE.

 

 

DATE:

31 August, 2005

FILE NO:

F2004/06044  xr  F2005/00171

 

 

 

REPORT BY:            DIRECTOR, CITY SERVICES  

 

 

INTRODUCTION:

 

Council at its meeting held on 12 July, 2005, resolved ‘inter alia’ on the Motion of Councillor Belleli and Councillor Seng that -

 

“A report come back to Council on the possibility of naming the area located at 1613 Anzac Parade, La Perouse either  Timbere or Timberey as it is an area of aboriginal significance.”

 

ISSUES:

 

The spelling according to the historical records is Timbere, however currently the family who reside at La Perouse spell their family name ‘Timbery’.

 

It is suggested if there is going to be a plaque or a naming of this area, it read as follows :-

 

            Timbery

(Timbere - the early colony spelling)

 

The Aboriginal Liaison Officer met with Elders on Wednesday 31 August, 2005 and Council has been advised that there is no objection to the proposal from the Guriwal people.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

 

 

 

CONCLUSION:

 

That should Council wish to proceed further with this proposal and in accordance with the Guidelines of the Geographical Names Board, an advertisement be placed in the local paper seeking interested submissions from residents prior to this matter being further considered.

 

RECOMMENDATION:

 

That submissions and suggestions be sought from residents and other interested people, by placing an advertisement in the local paper of the proposal to name the area located at 1613 Anzac Parade, La Perouse Timbery (Timbere) as it is an area of aboriginal significance and all the guidelines of the Geographical Names Board be met prior to a further report being prepared for Council’s consideration.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

DARREN ANDERSON

DIRECTOR, CITY SERVICES

SUPPORT FOR COORDINATOR PARKS AND RECREATION

 

 

 

 

 

 


 

Director, City Services' Report 110/2005

 

 

 

SUBJECT:

Roads to Recovery Grant Funding – Construction of Ferguson Street, Maroubra

 

 

DATE:

15 September, 2005

FILE NO:

F2004/07154

 

 

 

REPORT BY:            DIRECTOR, CITY SERVICES   

 

 

INTRODUCTION:

 

The Federal Government has provided funding in the amount of $387,000 to undertake road construction works, including kerb and guttering, in Ferguson Street, Maroubra between Fitzgerald Avenue and Wade Street this financial year. The funding is provided under the Roads To Recovery Program.

 

This section of Ferguson Street is prioritised for construction in Council’s unfunded Capital Works list.

 

ISSUES:

 

It is anticipated that construction costs to undertake this road construction, inclusive of kerb and guttering, of this section of Ferguson Street may exceed the grant funding when detailed design is completed.  A significant contributor to the high cost of these lane widening projects is the high cost of public utility relocations predominantly comprising Telstra, Energy Australia and Sydney Water infrastructure. The relocation of public utility services significantly increases the duration of works.

 

This will be reported to Council after tender submissions are received. It is proposed to put the project to public tender  It is likely that the project would commence around April 2006 provided that the public utility relocations are completed.

 

FINANCIAL IMPACT STATEMENT:

 

Funding for this project is proposed as follows:

Roads to Recovery Grant Funding 2005/2006              $387,000

 

 

 

 

 

CONCLUSION:

 

The Roads to Recovery Grant Funding represents a good opportunity for Council to undertake the reconstruction of Ferguson Street inclusive of kerb and guttering. The construction contract can be structured so Council can complete the works this current financial year and therefore fund the works from the Roads to Recovery funding.

 

RECOMMENDATION:

 

That Council accept the Roads to Recovery Grant Funding in the amount of $387,000 to undertake the reconstruction of Ferguson Street inclusive of kerb and guttering between Fitzgerald Avenue and Wade Street, Maroubra.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

JORDE FRANGOPLES

JOHN EARLS

DIRECTOR, CITY SERVICES

ASSETS CO-ORDINATOR

 

 

 

 

 

 


 

Director, City Services' Report 111/2005

 

 

 

SUBJECT:

PROVISION OF DECK CHAIRS OR RELATED HIRE FACILITIES AT COUNCIL'S BEACHES

 

 

DATE:

20 September, 2005

FILE NO:

F2004/07610

 

 

 

REPORT BY:            DIRECTOR, CITY SERVICES     

 

 

INTRODUCTION:

 

Over the years Council has received many approaches from interested parties wanting to provide deck chair or related hire facilities at Council’s beaches.  With the completion of the concrete promenade on the northern side of Clovelly Bay, enquiries have again been received by Council for use of part of the promenade to enable a deck chair hire facility.

 

 

ISSUES:

 

In previous years favourable consideration has not been given to the establishment of any hire facilities or concessions at Council’s beaches, other than kiosk facilities.  These include the hire of deck chairs, beach umbrellas, surf equipment, beach lockers, application of sunscreen service and other related mobile beach vending services. 

 

The completion of the reconstruction of both the northern and southern concrete promenades at Clovelly Bay raises the question as to whether now is an appropriate time to consider if an opportunity now exists to permit use of part of the promenade for the hire of deck chairs and whether there would be any parties wishing to undertake such a venture.

 

The area of the northern promenade is approximately 5,040 square metres and the southern promenade measures approximately 2,230 square metres.  A relatively small portion of one or both promenades could be designated as a ‘deck chair’ hire area and expressions of interest or tenders could be advertised to gauge whether any commercial operators would be interested in such a proposal.  Although income would be expected from the exercise, revenue would not be the primary expected outcome in this instance.  The primary driver would be the provision of a service that beach users would support and see as a positive adjunct to the experience of going to and using the recreational area at Clovelly Bay.

 

The latter would need to be supported by the community and the test for this would be to publicly exhibit the proposal and to seek submissions from the public and stakeholders to determine the level of support for the proposal.

 

 

FINANCIAL IMPACT STATEMENT:

 

The financial impacts to Council would be twofold.

 

The first would be the minor costs to prepare the proposal and to seek community and stakeholder comment. If supported, the costs would increase associated with the preparation of tender documents and advertising of the tender.  These costs would be part of the ongoing administrative costs borne by Council.

 

The second financial impact could possibly be a small revenue stream from any successful tender outcome.  This would only be determined following the appraisal of any tenders seen to be in Council’s interests.

 

 

CONCLUSION:

 

With the completion of the construction of the concrete promenades at Clovelly Bay an opportunity now exists to determine whether there is community support for the provision of a limited deck chair hire facility. As part of the consideration of this initiative, it is proposed that no more than ten percent of either promenade be permitted for use for this activity as shown on the attached aerial photo.

 

The proposal should be advertised and community and stakeholder comments received.  Following the review period, Council should make a final determination of the whether to continue with the proposal and determine extent of the permissible hire area.

 

 

RECOMMENDATION:

 

That:

 

(a)        a proposal for the hire of deck chairs in accordance with this report be prepared and publicly exhibited for a period of four weeks to determine the level of community and stakeholder support for the proposal; and

 

(b)        following the exhibition period, a further report be submitted to the Works Committee to consider the outcomes of the exhibition period and any submissions received and to determine whether tenders should be called for the hiring of deck chairs at Clovelly Bay.

 

 

 

 

 

 

 

ATTACHMENT/S:

 

Attachment 1 - Aerial view of the Clovelly promenades.

 

 

 

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

JOHN CALVANI

DIRECTOR, CITY SERVICES

CO-ORDINATOR PARKS AND RECREATION

 

 

 

 

 

 



 

Director, City Services' Report 112/2005

 

 

SUBJECT:

USE OF GOLDSTEIN RESERVE FOR MAJOR SAND SCULPTING AUSTRALIA EVENT

 

 

DATE:

5 September, 2005

FILE NO:

F2004/08145

 

 

 

REPORT BY:            DIRECTOR, CITY SERVICES       

 

 

INTRODUCTION:

 

Ms Sharon Redmond, Director of Sandstorm Events Pty Ltd has approached Council seeking approval to use the southern end of Goldstein Reserve for a major Sand Sculpting Australia event, which would require the grassed area to be closed off for approximately 6 weeks during 2006. 

 

The organisers would like to have set up the sand sculpting from the 3rd March, 2006 to 25 April, 2006, which includes set up and pull down.  The event would be held daily from 10am to 6pm.

 

Goldstein Reserve would be re-instated to its original condition and the organisers would be seeking Council’s support by the waiving of associated fees for the use of Goldstein Reserve.

 

ISSUES:

 

Sandstorm Events advises that -

 

“Sand Sculpting Australia is a major event conducted by Sandstorm Events Pty Ltd engaging a cross section of the local community to ensure the success of the event including sponsors, tourism bodies, tourism operations, local and state government community groups not for profit, and other various stakeholders.

 

The Mission Statement of the company is to make this truly unique event an annual celebration of the region’s rich culture and social diversity and to present an opportunity for the community to unite and share creative energy, pride and spirit and to encourage visitors to the region.”

 

 

 

 

Ms Redmond also advises that -

 

Vision Australia Foundation is the nominated charity for Sand Sculpting Australia. A percentage of all event profits are donated to this high profile (not for profit) and that Vision Australia Foundation was invited by the Rye Beach Action Group in 2002 to assist them in the co-ordination of their annual seaside activity – sand sculpting. The event was becoming larger each year and was outgrowing their volunteer resources. They enlisted the assistance of Vision Australia Foundation as a receiving charity for their event management capabilities and their volunteer base.

 

Vision Australia formed a partnership with the Rye Beach Action Group to hold Sand Sculpting Australia Rye 2003. A strategy was also developed to stage an event in Cronulla which was held in 2003 in support with the Sutherland Shire Council.

 

In 2004 Vision Australia Foundation decided that they wished to concentrate their efforts on core business and outsourced the management of the event to Sandstorm Events. The Director of Sandstorm Events (Sharon Redmond) had been employed by Vision Australia Foundation for 8 years as Business Development Manager, and was the individual responsible for the development and implementation of the concept Sand Sculpting Australia.

 

Sandstorm Events commenced the management of the Sand Sculpting Australia in July 2004 and has just completed the first National Tour of the Event which included Cairns, Caloundra, Docklands in Melbourne and Rye on the Mornington Peninsular.

 

 

FINANCIAL IMPACT STATEMENT:

 

Council does not have an appropriate category in its adopted 2005/2006 Fees and Charges for this type of event.  As this event would promote the area with economic benefit to the local business community resulting from the discretionary spending by the significant number of visitors, it would be appropriate not to charge a fee for this event.

 

 

CONCLUSION:

 

Sandstorm points out that the features and benefits of Sand Sculpting Australia have proven to be -

 

Ø Novel, education experience

Ø Inexpensive, family oriented event

Ø Showcase for local cultural talent

Ø Showcase Council and its surrounds

Ø Development of interstate and international relationships

Ø Drive visitation to a region and/or area and event audiences from research has identified that primary target audience are young families, and secondary target audience of seniors and senior groups.

 

A team of professional event managers would co-ordinator all aspects of the event, during the event and post event. Complete research and evaluation processes would be implemented to provide Council with feedback, covering all aspects of the event from audience satisfaction, audience statistics public relations, media and clippings etc.

 

Sand Sculpting according to the event organiser is a proven tourism destination event. The unique qualities of this event impacts positively on all stakeholders involved and the community with in the region that it is conducted.

 

 The organisers would like the possibilities of staging an event at Coogee in 2006 and should Councillors be interested in obtaining further information on this event, a meeting could be set up with the event organisers and interested Councillors.

 

Sponsorship would be sourced by the event organisers and they would manage all sponsorship opportunities and arrangements.  Sponsorship packages would be available for Council approval.

 

Other activities would include –

 

o Various Disney activities

o School program – primary school children weekdays of the event

o Sand sculpting workshop

o Information theatrette

o Sculptor tours

o Merchandise

o Limited food and beverage.

 

Sponsorship Nation has previously included Disney, Aiden J Graham Quarries, Kodak and Gold FM/Mix FM.

 

Other event partners’ stakeholders include Police, St Johns, Fire Department, Media.

 

 

RECOMMENDATION:

 

That Council approve the major sand sculpting event at Goldstein Reserve, Coogee, from 3 March through to 25 April, 2006.

 

 

ATTACHMENT/S:

 

Photos of sand sculpting.      

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

MARK SHAW

DIRECTOR, CITY SERVICES

MANAGER TECHNICAL  SERVICES

 

 

 

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 38/2005

 

 

SUBJECT:

LOCAL GOVERNMENT ASSOCIATION OF NEW SOUTH WALES - 2005 ANNUAL CONFERENCE  

 

 

DATE:

20 September, 2005

FILE NO:

F2005/00646

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES   

 

 

INTRODUCTION:

 

 

The 2005 Annual Conference of the Local Government Association of New South Wales will be held in Mudgee from Saturday, 22nd to Wednesday, 26th October, 2005 with the theme of this year’s Conference being “Meeting Expectations…..Can We?”

 

ISSUES:

 

(a) Nomination of Delegates and Observers to attend the 2005 LGA Conference

 

Under the formula applied by the Local Government Association, Randwick City Council is eligible to nominate five (5) voting delegates and an unlimited number of  non-voting observers.

 

Council’s Policy 1.03.10 (Part 2, iii) permits all members of the Council to attend this Conference.

 

(b) Accommodation, Travel Arrangements and Registration

 

Accommodation has been pre-booked and a list of flight times has been sent to all Councillors. Conference information has also been forwarded with registrations closing on Friday 30th September, 2005.

 

FINANCIAL IMPACT STATEMENT:

 

The costs associated with Councillors’ attendance at the 2005 LGA Conference have been allowed for in the 2005/06 budget.

 

 

CONCLUSION:

 

Preliminary registration and travel arrangements have been made and will be confirmed once the delegates and observers have been determined. Council has already booked accommodation for delegates and observers.

 

RECOMMENDATION:

 

That:

 

a)         Council proceed to elect five (5) delegates to attend the Local Government Association’s Conference at Mudgee in October 2005;

 

b)         Council also nominate up to five (5) “alternate delegates” to attend the Conference; and

 

c)         other interested Councillors attend the Conference in the capacity of “observers”.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

 

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 39/2005

 

 

SUBJECT:

LA PEROUSE LAND COUNCIL - REQUEST FOR RATE EXEMPTION   

 

 

DATE:

20 September, 2005

FILE NO:

F2004/07687  

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES   

 

 

INTRODUCTION:

 

Council at its meeting held 26th July, 2005 considered Mayoral Minute 109/2005 in relation to rate exemptions for 28 dwelling houses and 4 pensioner units located in two streets in La Perouse as well as a one-off rate adjustment to recognise the effect of amendments to the Aboriginal Land Rights Act 1983, and resolved as follows:-

 

“that this matter be deferred to the next Ordinary Council Meeting to allow for further investigation with a report to come back to Council, such report to include an assessment of the financial ramifications to Council following due consultation with other relevant stakeholders including Aboriginal Authorities and the Department of Local Government, as well as legal advice on the lawfulness of giving such an exemption.”

 

ISSUES:

 

Section 555 of the Local Government Act outlines the categories of land exempt from rates. Clause (g) of Section 555 states that a rate exemption would apply to “land that is vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council and is declared under Division 5 of Part 2 of the Aboriginal Land Rights Act 1983 to be exempt from payment of rates.”

 

However, an examination of Division 5 of Part 2 of the Aboriginal Land Rights Act 1983 revealed that rate exemptions do not apply to land to be used for residential purposes. Therefore, this current application for exemption does not fall within any of the defined categories and Council is not able to exempt these properties from rating.

 

It should be noted here that any rate debts incurred by the La Perouse Local Aboriginal Land Council (LPLALC) are paid for by the NSW Land Council once the debt becomes twelve (12) months old.

 

The Land Council also sought a one off rate adjustment to recognise the effect of amendments to the Aboriginal Land Rights Act 1983 (section 43 schedule 1) whereby former reserve lands were given rate exemptions status from the 25th October 2002 to the repeal of the amendments on the 23rd July 2003.

 

It should be noted that, after consultation with the Department of Aboriginal Affairs and an examination of Schedule 1 relevant to this period, that the 25th October 2002 rate exemptions did not apply to these residential dwellings.

 

As such an exemption is not allowed under the Local Government Act, it was considered that commencing a process of consultation with other relevant stakeholders including Aboriginal Authorities and the Department of Local Government was not necessary.

 

FINANCIAL IMPACT STATEMENT:

 

As Council is not in a position to exempt the LPLALC from payment of rates, the only way to alleviate their immediate financial burden would be to make a donation to the LPLALC to cover payment of their outstanding rates. This would amount to all or part of $30,535.00 per year, plus rates accrued from 25th October, 2002 to 23rd July, 2003. Council has not made any provisions for such a donation in the 2005/06 budget.

 

Council could also consider the writing off of an accrued rate debt of $72,283.61 at 30/6/04, but this would benefit the NSW Land Council and not the La Perouse Local Aboriginal Land Council.

 

CONCLUSION:

 

It is appropriate for Council to encourage the retention of affordable housing in the LGA so that a socially diverse population representative of all income groups is maintained. However, the 25 th October, 2002 rate exemption period did not apply to residential dwellings and the La Perouse Local Aboriginal Land Council is already reimbursed for rate obligations by the NSW Land Council.

 

RECOMMENDATION:

 

That Council responds to requests for rate adjustments from the La Perouse Local Aboriginal Land Council by writing to them clarifying that:

 

(a)      Council cannot retrospectively adjust rates paid by the Land Council between the 25th October, 2002 and the 23rd July, 2003 because the 25th October, 2002 rate exemption period did not apply to these residential dwellings; and

 

(b)      there is not seen to be any advantage to the local Aboriginal community in future rate adjustments as it understood that the NSW Land Council is covering rate debts incurred by the La Perouse Local Aboriginal Land Council.

 

 

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

 

 

 

 

 

 

 


 

Director, City Planning Report 59/2005

 

 

 

SUBJECT:

Licensed Premises and Alcohol Related Anti-social Behaviour in the Coogee Area.

 

 

DATE:

19 September, 2005

FILE NO:

F2005/00515

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING         

 

INTRODUCTION:

 

Reference is made to the resolution of Randwick City Council’s Health, Building & Planning Committee at its meeting held on the 12 April 2005, in respect to the Mayor’s Minute 42/2005 – Licensed Premises and Anti-social Behaviour.

 

The Mayor’s Minute concluded that the level of anti-social behaviour in the Coogee area is not acceptable and every effort should be made to minimise such potential behaviour, which requires significant changes to the operation of local licensed premises. In particular, the Beach Palace and Coogee Bay Hotels.

 

As a result, the Committee resolved:

 

“H27    RESOLUTION:  (His Worship the Mayor, Cr M. Matson) that:

 

a)         Council seeks submissions from the local community in this matter, to identify the current concerns of nearby residents and possible preferred solutions;

 

b)         Council puts forward its concerns to the Eastern Beaches Liquor Accord seeking urgent and affirmative action to address anti-social behaviour in the Coogee area;

 

c)         Upon consideration of the submissions and actions of the Eastern Beaches Liquor Accord, a report be forwarded to Council to consider the lodgement of submissions or complaint with the Liquor Administration Board and Licensing Court of NSW; and

 

d)         Council seek submissions from the Local Area Commander with respect to this matter.

 

The substantive actions have now been completed as required by the Committee’s resolution. In accordance with Part “c” of the resolution it is the purpose of this report to inform Council of the views, opinions and solutions proffered in the submissions made to Council by residents, the Eastern Beaches Liquor Accord and the NSW Police Eastern Beaches Local Area Commander in regard to licensed premises and alcohol anti-social behaviour at Coogee. And whether there exists sufficient grounds for Council to lodge a complaint with the Liquor Administration Board in respect to the conduct of the licensed premises in the Coogee Basin area.

 

Discussion

 

To consider behavioural conflicts brought about by varying land uses in a specific area it is important to understand the contributing factors of consequence, such as Coogee’s demographics.

 

Coogee has fewer dwellings that are owner occupied compared with the Randwick City average. The suburb has a substantially higher proportion of private rentals than the Randwick City average. This factor tends to inform the contention that Coogee has a higher transient residential population then other areas of the City. Empirical evidence suggests that the transient population of Coogee is also a factor which contributes to incidents of anti-social behaviour.

 

Coogee contains a variety of land uses including major recreational areas and a well established commercial centre.

 

The advent of Coogee as a recognised local, regional and overseas tourist destination is an important factor to consider, not only to address issues relating to alcohol related anti-social behaviour and alcohol related crime, but also general community safety and strategies to effectively manage the area’s public open space. In 1997, Council estimated the area attracts 10,000 people per day on a peak day, dropping to a low of 2,000 per day. It is also estimated that visitation has been increasing by about 5 – 10% each year since completion of the significant beachfront improvements in the early 1990s.1

 

Based on the latest details from the Licensing Court (2003) there were 24 licensed premises situated within Coogee. Eleven of these premises exercised an On-Licence (Restaurant) pursuant to the Liquor Act 1982, with the next highest category of licensed premises being five clubs operating under the Registered Clubs Act 1976. The remaining eight licensed premises are a combination of hotels (Coogee Bay & Beach Palace), bottle shops; motels and one unregistered club exercising a permanent function licence (Coogee Surf Life saving Club).2

 

Trading hours of licensed premises

 

The Coogee Bay Hotel and Beach Palace Hotel exercise Hotelier’s Licence at the premises. Both licenses were granted in the mid 1950’s. Subsequent to the initial grant, the Coogee Bay Hotel and Beach Palace Hotel have the benefit of extended trading hours approved by the Licensing Court in 1993 and 1998, respectively.

 

 


1      Coogee Beach Foreshore – Plan of Management, November 1997, p 1.

2      Department of Gaming & Racing April 2003 publication – Index of New South Wales Licensed Premises and Registered Clubs.

 

 

 

The Beach Palace Hotel’s licensed trading hours permit the premises to trade Monday to Wednesday to 1.00am, Thursday to Saturday to 3.00am and Sundays to midnight. The Aquarium or second level of the premises is required to cease trade at midnight, 7 days.

The licensed trading hours of the premises are consistent with the conditions of development consent for the premises.

 

The Coogee Bay Hotel’s licensed trading hours permit differing trading hours for the various areas of the hotel. In this regard, 24 hour trading is permitted Monday to Saturday in the Sportsmans Bar area of the premises only. The remaining areas of the hotel are required to close at 3.00am Monday to Saturday. Sunday trading at the premises is restricted to midnight. Unlike the Beach Palace Hotel there are no conditions of development consent presently in force at the premises which restricts the Coogee Bay Hotel’s hours of operation.

 

Who regulates licensed premises?

 

The authority to control and regulate licensed premises is divided between Licensing Authorities and local Councils. In NSW the operation of licensed premises are controlled by four separate statutory regimes. The Acts of Parliament which control the sale and supply of liquor in NSW are the Liquor Act 1982 or Registered Clubs Act 1976, depending on the type of premises and administered by Police, the Licensing Court of NSW and the Liquor Administration Board.

 

The local consent authority (Council) exercises the power to approve development in respect to existing and proposed licensed premises pursuant to the Environmental Planning and Assessment Act 1979. Additionally, gaming on licensed premises is control by the Gaming Machines Act 2001.

 

The operation of many premises pre-dated current planning controls. Many earlier development consents were granted in the absence of specifying operating hours.

 

Development consents and building approvals for the Coogee Bay Hotel and Beach Palace Hotel pre-date the current planning regime extend over a long period of time. However, a number of subsequent development consents have been granted for various parts of the premises, with varying operating hours.

 

It is important to note that unlike NSW liquor laws there is no mechanism available (to a consent authority) under current NSW planning legislation which allows for the retrospective imposition of conditions of development consent. The whole tenor of Part IV [of the EP&A Act] imparts the notion of finality of the determination by the consent authority.3 It is this principle which prevents a consent authority retrospectively imposing conditions of development consent to redress situations which may manifest themselves by some future change in circumstances not apparent at the time of determination.

 

 


3      Stein J at para 17 of Randwick Municipal Council v Pacific-Seven Pty Limited [1989] NSWLEC 79 (25 August 1989).

 

As such, in the absence of specified conditions of development consent which restrict the hours of operation of licensed premises, it is the trading hours prescribed by the liquor licence (approved by the Licensing Court) which determine the operating hours of the premises.

 

Transport

 

The provision of late night transport options provided by Sydney Buses and the Taxi Council in Coogee have also been identified as a key issue in the reduction of incidents of anti-social behaviour in Coogee.

 

The Liquor Accord has identified that there currently exists a transport vacuum to cater for licensed premises patrons leaving the hotels. The current transport arrangements in the Basin are considered inadequate to cater for the mass exist of patrons from the Coogee Bay and Beach Palace Hotels at the main weekend closing time of 3.00am.

 

Anecdotal evidence suggests that an increase in targeted late-night transport options including public buses and greater availability of taxis, particularly at the key times when patrons are leaving the licensed premises, would significantly reduce the period of time in which these patrons currently loiter in the area waiting for transport.

 

A supplementary bus service was previously provided by the Liquor Accord to transport hotel patrons out of the area to help address the transport deficiencies. However, the service became unviable due to the age and disrepair of the bus.

 

Public open space

 

Appropriate management of Coogee’s beach reserves has also been identified as a significant factor in reducing incidents of anti-social behaviour and minimising disturbances to nearby residents.

 

Police contend that a portion of these types of disturbances are the result of juveniles who congregate in the beach reserves and consume alcohol acquired by way of secondary purchase.

 

Over 200 juveniles in possession of or consuming alcohol in public areas have been referred by Police to the “Your Call” program accompanied by a parent or guardian for alcohol related counselling.4

 

Insufficient lighting, particularly in Dunningham and Grant Reserves, has also been identified as a contributing factor which further encourages underage drinking and other forms of anti-social behaviours which disturb the quiet and good order of the neighbourhood.

 

 

 


4      “Your Call” is an initiative run by Police in conjunction with the Ted Noffs Foundation funded by the Liquor Accord which provides counselling for underage drinkers accompanied by a parent or guardian.

 

Late night food outlets

 

The operation of late night food outlets in the vicinity of the two hotels continues to be a factor which contributes to incidents of anti-social behaviour. The operation of these premises encourages large numbers of exiting hotel patrons to loiter in the area for a prolonged period for the purpose of obtaining and consuming food.

 

As is the case with many licensed premises that operate under development consent and building approvals which pre-date the current planning regime, the same circumstances apply to a number of late night food outlets in Coogee which are not restricted by conditions of development consent in regard to hours of operation. This situation is being addressed, albeit incrementally, through the imposition of conditions upon any new development consent which restrict the operating hours, where a premises is the subject of a Development Application to Council.

 

ISSUES:

 

The community reacts to both real and perceived concerns in respect to alcohol related anti-social behaviour. As previously discussed, conflicts arise where there exists competing land uses. This is particularly the case in Coogee where the variety of land uses which apply to both publicly and privately owned land attract large numbers of people to the area.

 

The Coogee Bay Hotel has occupied the site at the corner of Coogee Bay Road and Arden Street since the late 1880’s. The Coogee Bay Hotel for many years, at least in the contemporary past, is well known as a major “live entertainment” venue. The premises are approved as a Place of Public Entertainment pursuant to the Local Government Act 1993, which permits a capacity of 3250 patrons. The Hotel employs approximately 150 staff.

 

Similarly, the Beach Palace Hotel with its well recognised “cupola” has occupied the site situated on the corner of Dolphin and Beach Streets circa 1887. Since 1996 the Beach Palace Hotel has operated as a major entertainment venue and like the Coogee Bay Hotel is approved to provide public entertainment, with a permitted capacity of 1672 patrons. The hotel employs 50 staff.

 

Needless to say, hotels of the size and permitted patronage of the Coogee Bay Hotel and Beach Palace hotel will have a significant impact, both positive and negative, upon the locality in which they operate. On one hand, both hotels are significant regional attractions. This is to say that whilst (anecdotally) large numbers of patrons reside within the area, the premises provide contemporary facilities for the social interaction of both locals and visitors alike, which contribute to Coogee’s popularity and directly and indirectly to the local economy.

 

On the other hand, the operations of the hotels due to their size, locality, extended trading hours (albeit different at each premises) and having regard to other contributing factors outlined in this report, culminate in a manifestation of circumstances which  impact the quiet good order of the neighbourhood, particularly on weekends in the early hours of the morning.

In their submissions made to Council, residents believe that the hotels’ patrons are responsible for the majority of the late night disturbances they experience. The general consensus of residents’ submissions to Council is that current trading hours should be restricted to an earlier time which would result in a reduction of late night disturbances.

 

Police, in their submission to Council, identify problems associated with intoxication on licensed premises, alcohol consumption in public reserves and lack of transport for existing licensed premises patrons, particularly at 3.00am when the Beach Palace Hotel closes along with the majority of bars at the Coogee Bay Hotel.

 

The Eastern Beaches Liquor Accord’s submission proffers that solutions to minimise instances of anti-social behaviour in the Coogee basin require a “holistic approach involving all key stakeholders”.   

 

1.         Community Consultation

 

In accordance with Part “a” of the Committee’s resolution, Public Notification, inviting submissions from the community was published in The Southern Courier on the 24 May 2005. Submissions closed on the 22 June 2005.

 

As a result of the Public Notification, twenty six (26) resident submissions and one (1) submission from a business operator have been received by Council.

 

Due to a number of requests with respect to confidentiality contained within the submissions, the personal details of submitters have not been published with this report. However, the submitters all reside within close proximity (within a 400 metre radius) from licensed premises at residential premises situated at Arden Street, Baden Street, Beach Street (both to the North and South of the beach), Carr Street, Coogee Bay Road, Dolphin Street and Powell Street. One (1) submission from a business premises situated in Coogee Bay Road, has been received.

 

All twenty seven (27) submissions purport disturbances as a result of the behaviour of intoxicated persons in the vicinity of their premises. Information contained in the submissions suggests these incidents are most frequent on Thursday, Friday, Saturday and Sunday nights.

 

A summary of issues contained in the submissions are as follows:

 

·    Insufficient on-site parking at licensed premises result in late night noise disturbances by patrons returning to their cars parked in surrounding residential streets.

 

·    Over development of the Coogee Bay and Beach Palace Hotels.

 

·    Illegal parking.

 

·    Intoxicated patrons trespass on to private property which often results in some kind of property damage.

 

·    Intoxicated patrons vomiting, urinating and defecating on private and public land.

 

·    Sleep disturbances.

 

·    Intoxicated patrons from other closing licensed premises bussed in to Coogee.

 

·    Large numbers of intoxicated and abusive persons leaving rugby matches held at Coogee Oval with alcohol purchased at the ground.

 

·    Criminal damage and vandalism to residents’ motor vehicles parked on the roadway.

 

·    Vandalism of trees and litter receptacles located on footpaths and nature strips.

 

·    Drunken persons yelling obscenities.

 

·    Drink driving.

 

·    Underage drinking in Coogee Oval.

 

·    Coogee as a Backpacker destination exacerbates anti-social behaviour.

 

·    Late night parties and drinking in Dunningham Reserve.

 

·    Fighting.

 

·    Groups of people drinking into the early hours of the morning in Grant Reserve.

 

·    High level of noise emanating from the Coogee Bay and Beach Palace Hotels.

 

·    Broken glass and litter in streets nearby licensed premises.

 

·    Insufficient police presence, particularly on weekends, late at night and at the closing of licensed premises.

 

·    Frequent large numbers of intoxicated patrons from licensed premises indicates the less than vigilant application of responsible service of alcohol provisions required by law.

 

·    Police are dismissive when residents report late night disturbances and noise complaints.

 

The majority of resident submissions articulate with clarity the type of incident/disturbance suffered and general time of day of the occurrence. Despite being left with little doubt that alcohol is the common factor with the disturbances, eight (8) submissions purport to positively identify patrons from a particular licensed premises of which four (4) have detailed the time and date of the incident. The precise recording of the type of disturbances contained in submissions, over a specified period of time would be required to enable a complaint to be made to the Liquor Administration Board to establish that the quiet and good order of the neighbourhood is frequently disturbed.

 

However, having regard to all the factors as discussed above, including that there are 24 licensed premises in the Coogee Basin area, the difficulty arises in precisely identifying which premises are responsible for the anti-social behaviour.

 

A number of submissions also raise concerns with regard to intensification of Coogee’s commercial area, as well as the expansion of the Coogee Bay and Beach Palace Hotels.

 

2.         Comments from the Eastern Beaches Liquor Accord

 

As a preface to the comments provided by the Eastern Beaches Liquor Accord it is important to note that it is the Accord which provides the forum which brings together interested stake holders including Council, Police, licensed venue operators, community groups and health service providers to address local alcohol related issues of concern.

 

The primary aims of the Eastern Beaches Liquor Accord are to develop and implement strategies to underpin and promote the harm minimisation and responsible service of alcohol objectives of NSW liquor laws throughout the Eastern Beaches Local Area Command.  

 

In accordance with Part “b” of the [HB&P] Committee’s resolution, the General Manager wrote to the Eastern Beaches Liquor Accord in respect to anti-social behaviour by patrons of licensed premises within the Coogee area, including a request that the Accord through its members and stakeholders take the appropriate action to address this longstanding issue.

 

In response, the Accord in its letter to the General Manager advised that members of the Accord met to discuss this issue on the 10 May 2005. At this meeting it was “conceded that to develop successful strategy to reduce the impact of the anti-social behaviour [in Coogee] a holistic approach involving all key stakeholders is necessary.”

 

To specifically address alcohol related anti-social behaviour in Coogee, the Accord resolved to establish the Coogee Safety Committee (CSC) which comprise of representatives from the Coogee Bay Hotel, Beach Palace Hotel, Coogee-Randwick RSL, Coogee Legion Club, Randwick Rugby Club, Coogee Precinct Committee, Sydney Busses, NSW Taxi Council, Youth advocates, Police, the Deputy Mayor, Council’s Manager, Environmental Health & Building Services and Senior Planning & Environment Compliance Officer.

 

The initial Accord CSC meeting was held on the 9 June 2005, providing an open forum to discuss factors contributing to alcohol related anti-social behaviour in Coogee. As a result the CSC has identified and developed an “Action Plan” to address the following key issues:

 

·    Revision and improvement of nominated space for late night taxi-ranks.

 

·    Implementation of the taxi-voucher system in coordination with Council.

 

·    Implementation of a late-night bus service in collaboration with the STA.

 

·    Installation of adequate lighting.

 

·    Installation of CCTV cameras.

 

·    Installation of shutters on huts in the park areas to decrease available attractive space for drinkers.

 

·    Increase Council Ranger patrols of public reserves.

 

·    Increased/review of litter collection services and receptacles.

 

The Accord sees the role of the newly appointed Road Safety Officer by Council as pivotal to the implementation of the above transport initiatives.

 

The CSC has also identified a number of issues in respect to the management and control of the public areas within the Coogee Basin. In this regard, the Accord states: “It is the consumption of alcohol in these areas which have been identified as a major contributing factor to anti-social behaviour in the area.”

 

The Accord’s correspondence to Council goes on to say: “As such, the Accord is seeking Council’s commitment and assistance to support the following “public place” initiatives (contained with in the CSC “Action Plan”). The Accord submits that improved “public place” management strategies will improve public safety and reduce disturbances and anti-social behaviour in the Coogee Basin area.

 

The Coogee Safety Committee continues to meet regularly to progress the implementation of the “Action Plan” programs.

 

3.         Police comment

 

In accordance with Part “d” of the [HB&P] Committee’s resolution, the General Manager sought the views of the Local Area Commander, Superintendent Dave Owens on this matter.

 

Police in its response acknowledges that there is an anti-social behaviour problem in the Coogee Basin area. In this regard, police advises a portion of the alcohol related problem stem from juveniles acquiring alcohol by way of secondary sale to consume in the area’s public reserves.5 As previously outline in this report, young offenders identified in the possession of or consuming alcohol are the choice of being issued with a penalty infringement notice or being referred to the “Your Call” program.

 

 


5      The term “Secondary sale” is whereby alcohol is purchased by a third party to supply a minor.

       

 

 

Police further advises that regular overt and covert operations are carried out in and around licensed premises which have resulted in a number of licensed premises being fined for permitting intoxication on licensed premises. However, police note in recent times covert audits of the premises have disclosed a “marked improvement in this area”.

Notwithstanding this improvement, covert and overt operations, including Viking operations, concentrated in and around licensed premises, parklands and the streets of Coogee are on-going.6

 

The police have also commented that the lack of late-night transport options coupled with late trading food outlets encourages hotel patron to loiter in the area.

 

The police had previously suggested that the extension of trading hours may be effective in alleviating the current problems experienced at the current major closing time of 3.00am. In its current submission police states:

 

“A possible alternative is to allow 24 hour trading for both premises with a lock out at 2.00am for both premises. This would allow for patrons to leave at staggered times at their own discretion. Unfortunately residents have not supported this.”

 

Conversely, police acknowledges that a further extension of trading hours may encourage higher levels of patron intoxication which in order to prevent would require greater vigilance in respect to the responsible service of alcohol at the premises. Police conclude they are not confident that this would occur.

 

FINANCIAL IMPACT STATEMENT:

There is no direct financial impact in regard to this matter, other than Council officers’ time to implement the recommendations of this report.

 

CONCLUSION:

There is no easy solution to the problems associated with anti-social behaviour experienced in the Coogee Basin. Indeed, the compulsion for the sake of expediency to conclude that the answer lay with a single solution without proper consideration of the ramifications is a notion that in reality may result in a worsening of the current circumstances, albeit elsewhere.

 

If we examine the proposition of a hypothetical reduction in the Coogee Bay and Beach Palace Hotels trading hours to a midnight close, the outcomes become alarming. At midnight there would potentially be 4922 patrons, which by law would have to be off licensed premises within 15 minutes of close. Add to this, patrons of other premises in the area such as restaurants and Clubs of which most close at midnight, it is likely that there would be a number of thousands of people competing for limited transport in order to leave the area.

 

 


6      Police Viking operations specifically target alcohol related crime and anti-social behaviour.               

 

Bring into the equation, the Royal Hotel and Coach and Horses Hotel which trade til 4.00am and 24 hours respectively, and the likelihood that these hotels would be plausible destinations for a reasonable percentage of patrons leaving the now closed Coogee Bay and Beach Palace Hotels, there would be the potential mass movement of people in various stages of intoxication through residential streets far in excess of what is currently experienced.

 

Should this be the case, in effect all that has occurred is the transfer of the existing problems to a different suburb whilst at the same time giving rise to wide spread disturbances by patrons en-route to the late-trading venues at Randwick. This would hardly seem to be a satisfactory outcome, let alone a solution.

 

It is for this reason that a reduction in trading hours of both the Coogee Bay Hotel and Beach Palace Hotel in isolation is not considered to be the principled approach to addressing alcohol anti-social behaviour in the Coogee basin. In any event, the power to “wind back” the trading hours of a licensed premises remains with the Licensing Court of NSW and the Liquor Administration Board, not the local council.

 

For the above reasons there is merit in addressing these issues through the Eastern Beaches Liquor Accord which as a result of the concerns raised by Council has implemented the Coogee Safety Committee. As stated in the Accord’s submission to Council, a holistic approach by all key stakeholders (including improved transport and “public space” strategies) is necessary to better manage and minimise the incidents of alcohol related anti-social behaviour in the Coogee area.

 

It is the precise purpose of the Accord’s Coogee Safety Committee is to identify and implement strategies in conjunction with all stakeholders to address the issues and contributing factors in respect to alcohol related anti-social behaviour in the Coogee basin. The Committee’s “Action Plan” in respect to transport options and other “public place” initiatives have been discussed earlier in this report, with the Committee continuing to meet on a regular basis to implement this plan.

In this regard, the implementation of appropriate “public space” initiatives requires the on-going participation and support of Council.

 

It is the opinion of Council officers that the implementation of the purposive measures outlined the in the CSC “Action Plan”, coupled with continuing high visibility and well targeted policing of the area will have the greatest impact in reducing incidents of anti-social behaviour. Council has been advised that Police will continue to seek on-going funding for Viking (alcohol related crime) operations within the Randwick LGA.   

 

There also must be the acceptance that Coogee is a well recognised destination within Sydney which attracts large numbers of local and overseas visitors. Having regard to this context does not diminish the expectation that the residential amenity of the area should not unduly suffer as a consequence. Quite clearly, issues regarding disturbances as the result of the unreasonable conduct of licensed premises need to be addressed. Mechanisms to address such disturbances already exist under NSW liquor laws. These legislative provisions provide for a complaint to be made to the Liquor Administration Board whereby the Board may vary or impose conditions to a liquor licence or a certificate of registration, to mitigate the circumstances in which the complaint has been brought.

 

Notwithstanding the abovementioned complaint provisions, a local liquor accord also has an important role to play. It is through the local liquor accord which brings together the key stake holders of an area to provide local solutions to local problems. 

RECOMMENDATION:

 It is recommended that:

 

a)   this report be noted, and

 

b)   this matter be the subject of a further report to Council at the conclusion of the implementation and analysis of the strategies proposed in the Coogee Safety Committee’s “Action Plan”, and

 

c)   Randwick City Council continues to support and participate in the Coogee Safety Committee and the Eastern Beaches Local Area Command Liquor Accord to reduce alcohol related harm and anti-social behaviour throughout the City of Randwick.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

roman wereszczynski

DIRECTOR, CITY PLANNING

manager, environmetal health & building services

 

………………………………

 

Report Author

allan graham

 

SENIOR PLANNING & ENVIRONMENT COMPLIANCE OFFICER

 

 

 

 

 

ATTACHMENT/S:

under separate cover -

1. Correspondence from NSW Police Local Area Command dated 6 June 2005.

2. Correspondence from Eastern Beaches Liquor Accord dated 27 June 2005.

3. Coogee Safety Committee Action Plan dated 25 August 2005. 

 


 

Director, City Planning Report 60/2005

 

 

SUBJECT:

22 Minneapolis Cres Maroubra

 

 

DATE:

9 September, 2005

FILE NO:

D1176/2003

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

The Health, Planning and Building Committee deferred this application at its meeting of the 12 July 2005 to allow for mediation between the applicant and objectors. The affected parties declined Council instigated mediation and instead undertook their own discussion of the matters of concern.  Amended plans, endorsed by the objectors and incorporating the resolution of the mediation, were received on the 23 August 2005.

 

AMENDED PLANS:

 

The amended plans seek to replace deferred commencement conditions as recommended as part of the previous assessment report relating to privacy measures between the subject site and adjoining properties to the north and west.

 

The amended plans detail the following:

 

1.       In lieu of condition no. 2 a masonry wall of varying heights is proposed along the western boundary varying between 1800mm to 3000mm.

 

2.       In lieu of condition No. 5 the balcony of townhouse 3 is to be moved to the eastern side, the balconies for townhouse 4 are to remain and the side balconies to townhouse 2 and 3 are to be fitted with fixed louvres. Bedrooms 1 and 3 of townhouse 3 are to be moved westward in line with the western elevation.

 

3.       In lieu of deferred commencement no. 6 windows in the western elevation are to be provided with obscure, fixed glass blocks to a height of 1800mm from finished floor level.

 

4.       Balconies on the northern and southern elevations of the building are to have glass blocks to the sofit height above the 1000mm masonry balustrade on the eastern and western perimeter.

 

5.       The northern roofline is to be extended at the current pitch to cover the northern balconies.

6.       The new eastern balcony to townhouse 3 is to be roofed.

 

7.       Windows to the bathrooms on the western elevation are to have 1700mm sills with obscure sliding windows above.

 

Accordingly deferred commencement conditions 2, 3, 4 and 5 are sought to be deleted.

 

The above points are noted to have resolved the concerns as raised by the affected properties as indicated by their signatures on the submitted plans. It is however noted that the new plans have reverted back to the originally approved plans whereby stair access to the rear courtyard of townhouse 4 is not provided. As such, a new condition will be imposed that requires amended plans to be submitted as part of the construction certificate providing the necessary stairs to be consistent with the approved landscape plan. 

 

It is considered that the proposed amendments satisfactorily address concerns for privacy from the adjoining properties to the north and west. The proposed design/privacy solutions are not inconsistent with the recommended deferred commencement conditions and associated assessment undertaken as part of the previous assessment report. The amended plans, if approved will not have an adverse impact on either the streetscape character or the built form of the approved development. The proposed amendments are considered to be consistent with the approved development whilst ensuring the intent of the originally imposed conditions to maintain privacy between the subject site and adjoining properties are satisfied.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The proposed amendments are a direct result of mediation undertaken between the applicant and adjoining property owners. As such the amended plans can be determined where the reason for deferring the matter, to undertake mediation, has been achieved.

 

RECOMMENDATION:

 

A.      THAT Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify conditions of Development Consent No. 1176/03 on property 22 Minneapolis Cres. Maroubra, in the following manner:

 

Delete Deferred Commencement Conditions 2, 3, 4 and 5

 

Amend Condition No. 1 to read:

 

1.       The development must be implemented substantially in accordance with the plans numbered Job 0387 Plan A01 through to A05 dated 25/3/04 and submitted 23/4/04 and A05 and 06 dated 25/3/04 and submitted 20/05/04, the application form and on any supporting information received with the application, plans as amended by the Section 96 plans numbered Sheet 1C through to 8C of job number 0387 dated 23 August 2005, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended by the following conditions and details/amendments approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

Add Condition No. 131

 

131.   Stair access shall be provided to townhouse 4 to access the associated rear courtyard, amended plans are to be submitted as part of an application for a construction certificate.

 

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 



 

Director, City Planning Report 61/2005

 

 

 

SUBJECT:

1 Caerleon Crescent, Randwick

 

 

DATE:

14 September, 2005

FILE NO:

D0200/2005

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is Development Application Report No. DA200/2005 for new first floor addition to the existing semi-detached dwelling and new carport at the front.

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

1.  Development Application Report dated 17 August 2005

2.  A4 Plans 

 

 

 

 

………………………………

 

SIMA TRUUVERT

 

DIRECTOR, CITY PLANNING

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

17 August, 2005

FILE NO:

D0200/2005

 

PROPOSAL:

 New first floor addition to the existing semi-detached dwelling and new carport at the front

PROPERTY:

 1 Caerleon Crescent, Randwick

WARD:

 North Ward

APPLICANT:

 E White

OWNER:

 Mr E C and Mrs P M White

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Ordinary Council Meeting for determination at the request of Councillors Bradley Hughes, Murray Matson, Margaret Woodsmith.

 

The subject site is located at the northwestern end of Caerleon Crescent, Randwick.  It is currently occupied by a single storey semi-detached dwelling house with carport along its northern side elevation.  The surrounding area is residential in character and consists predominantly of a mixture of detached and semi-detached dwelling houses, with some residential flat development.  The subject site is located in the draft Caerleon Crescent Heritage Conservation Area.

 

It is proposed to make alterations and additions to the existing semi-detached dwelling house.  Minor additions are proposed to the rear, at ground floor level, and a new first floor level is proposed behind the existing ridge as well as a new carport towards the front of the site.

 

The proposed development was notified to surrounding properties on 31 March, which resulted in receipt of six submissions.  The main concerns raised related to overlooking, overshadowing, visual impact on the streetscape and the affect on the draft Heritage Conservation Area. 

 

Amended plans were submitted to address the concerns raised and those plans were notified on 30 June 2005, which resulted in receipt of 3 submissions.  The concerns raised related to the same matters as raised earlier but by fewer objectors. 

 

A series of meetings and discussions between Council’s Heritage Consultant and the applicant have resulted in an amended proposal that has been considered by the Heritage Consultant to be acceptable in terms of the impact on the draft Heritage Conservation Area.  The main concerns were with the prominence of the development when viewed from the street and the location of the carport on the site.

 

The proposal complies with all Preferred Solutions of the DCP – Dwelling Houses, other than building setbacks and visual privacy.  However, it is considered that the proposal is consistent with the corresponding Objectives and Performance Requirements.  The other issues relating to overshadowing and visual impact on the streetscape are considered to be acceptable.

 

The recommendation is for deferred commencement approval subject to conditions.  The deferred commencement condition relates to colours and materials.  Additional conditions have been recommended to minimise overlooking and to retain the existing chimney on the building.

 

2.       THE PROPOSAL

 

It is proposed to make alterations and a first floor addition to the existing dwelling.  At ground floor level, it is proposed to make minor additions at the rear as well as alterations to the internal layout to accommodate for improved living areas, a kitchen, laundry and a WC. It is also proposed to construct a first floor level that will accommodate two bedrooms and a bathroom.  A new carport is also proposed along the northern side of the dwelling that will extend to the front building line.

 

The proposed development is shown on amended plans that were received by Council on 21 June 2005 and further amended plans received by Council on 16 September 2005.  The amendments were made at the request of Council and include a reduction in the size of the first floor addition; reduction in size of some window openings at first floor level; and relocation of the proposed new carport.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located at the northwestern end of Caerleon Crescent, Randwick.  It has a 13.5 metre frontage to Caerleon Crescent, a maximum depth of 21.4 metres and a total site area of 282 sqm.  It is currently occupied by a single storey semi-detached dwelling house with carport along its northern side elevation.  The surrounding area is residential in character and consists predominantly of a mixture of detached and semi-detached dwelling houses, with some residential flat development. 

 

The subject site is unusual in that it has six adjoining properties.  The adjoining four sites to the north are occupied by single storey semi-detached dwelling houses; the adjoining site to the west contains a three-storey residential flat building; and the adjoining site to the south is the other pair of the semi-detached dwelling house which is single storey.  Figure 1 is an aerial view of the subject site and surrounding area.

 

The subject site is located in the draft Caerleon Crescent Heritage Conservation Area.

 

Figure 1: The subject site and surrounding development

 

4.       COMMUNITY CONSULTATION:

 

The owners of adjoining properties were notified of the proposed development on the 31 March 2005.  As a result of this notification, the following submissions were received:

 

M A Bretnall – 32 Frenchmans Road

Issue

Comment

The proposed development will not be in keeping with the single storey appearance of Caerleon Crescent.

The proposed additions to the dwelling will preserve the single storey streetscape appearance of the dwelling, as the additions are set back from the ridge of the existing building.

 

R Flossman – 6 Caerleon Crescent

Issue

Comment

The flat roof in not in keeping with the pitched shape roofs in the area.

The flat roof is considered to be acceptable as it will minimise bulk and will allow the additions to be clearly differentiated from the existing building structure.

The development will appear boxy from various vantage points to the site and will be inconsistent with the streetscape.

The proposed development has been reduced in size by the amended plans.  This will minimise the visual impact from the streetscape.  The boxy appearance is limited to that visible over the roof of the existing building and, in that respect, reference should be made to the comments above.

The proposed materials are not appropriate for the area.

Materials and colours will be approved by Council.  They will be included as part of a deferred commencement consent should approval be granted.

G J and M Forster – 26 Frenchmans Road

Issue

Comment

The proposed development will cause loss of privacy from overlooking.

The proposed amended plans reduce the impact of overlooking by reducing window sizes.  However, further conditions will be imposed with any approval that obscure glaze potentially offending windows.

R H J Hasforth and H V Grierson – 3 Chapel Street

Issue

Comment

The proposal will have overshadowing impacts.

The proposed development will not have overshadowing impacts on the objector’s property.

The proposal will have overlooking impacts.

The proposed development will not cause overlooking of the objector’s property.

The proposal is not in keeping with the heritage nature of the dwellings in the area.

The proposed development has been considered by Council’s Heritage Consultant to be acceptable.

K E S Neilson – 3 Caerleon Crescent

Issue

Comment

The proposal will result in considerable loss of solar access.

The proposed development will have overshadowing impacts but it complies with the Preferred Solution.  See discussions later in this report.

The proposed development is out of character with the area.

Although the proposed additions do not match the style of the existing building, they are considered to be acceptable as they will allow the existing building to be interpreted separately.

The proposal is inconsistent with the proposed heritage conservation area.

The proposed development has been considered by Council’s Heritage Consultant to be acceptable.

The proposed development is closer than the minium required rear setback.

The proposed development does not comply with the minium rear setback.  See discussions later in this report.

Randwick Precinct Committee

Issue

Comment

The proposed addition is unsympathetic to the area.

Although the proposed additions do not match the style of the existing building, they are considered to be acceptable as they will allow the existing building to be interpreted separately.

The development will set an undesirable precedent.

Any further developments in the area will be assessed on their merits at the time of an application.  The proposed development cannot be considered to set an undesirable precedent.

 

As stated in section 5.2 of this report, a meeting was held with the applicant to discuss changes that would minimise the impact on the streetscape in the context of heritage issues.  The submission of amended plans on 21 June 2005 was the result of that meeting.

 

The owners of adjoining properties were notified of the amended plans on the 30 June 2005.  As a result of this notification, the following submissions were received:

 

R H J Hasforth and H V Grierson – 3 Chapel Street

Issue

Comment

The proposed first floor extension has been increased in length which will make the overshadowing effects worse.

The proposed development will not have overshadowing impacts on the objector’s property.

A & J Askew, R Domnitser and J Guerin – 3 and 4 and 5/20 Frenchmans Road

Issue

Comment

The proposed additions will adversely affect the outlook from the units. The outlook is currently over tiles rooftops.  The proposal will result in an outlook onto a box.

The proposed development is adequate distance from the objector’s building and is also partially screened by existing vegetation.  The development will have an acceptable impact in terms of outlook from that property.

The proposed additions will look onto the windows of the objector’s dwellings causing loss of privacy.

The proposed development will have an acceptable impact in terms of potential overlooking towards windows on the objectors’ building.  The windows that face that site are limited and are partially screened by vegetation.  Further, the windows that face north are to be obscure glazed as part of any approval.

The proposed development does not comply with the rear setback requirements.

The proposed development does not comply with the minium rear setback.  See discussions later in this report.

The proposed development is inconsistent with the proposed heritage area.

The proposed development has been considered by Council’s Heritage Consultant to be acceptable.

K E S Neilson – 3 Caerleon Crescent

Issue

Comment

All original concerns remain.

An assessment of the objector’s original concerns is above.

The proposed lengthening of the first floor addition will make overshadowing worse.

The increase in length of the first floor addition will have a slight increase in overshadowing.  However, as discussed later in this report, the development complies with the Preferred Solution and is considered to be acceptable.

The proposed development may cause structural damage.

A condition will be imposed requiring a dilapidation report to be undertaken.  It is also noted that the existing chimney will be recommended to be retained as part of any approval – this is consistent with the Heritage consultant’s advice.

 

 

5.       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:-

 

5.1     Engineering Issues

 

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

 

5.2     Heritage Issues

 

The application was referred to Council’s Heritage consultant for comment.  The following comments were received:

 

The subject site is a semi detached Federation dwelling that is located within the Draft Caerleon Crescent Conservation Area.  The dwelling is double fronted with a projecting gabled bay and features a terracotta tiled roof with a single cross ridge extending across both dwellings and forming side gables.  The façade has been rendered and painted and the windows have been replaced with later timber casement types.  A garage is located adjacent to the dwelling along the northern elevation and setback from the façade to the line of the chimney.

 

The adjacent dwelling is the mirror of the subject dwelling and is also largely intact and has retained its face brick façade.  Adjacent to the north of the dwelling are the rear elevations and yards of the properties which front Frenchmans Road.  They are mostly single storey modified original rear wings or more recent additions and do not make a contribution to the streetscape.

 

According to the Randwick Heritage Study the Draft Caerleon Crescent Conservation Area is significant as “a thoughtfully planned street with a wide, planted median strip and a passage linking it to Frenchmans Road.  Caerleon Crescent also has aesthetic significance, as an intimate, contained precinct where the original buildings from the turn of the nineteenth century remain largely intact.  The street trees contribute to the aesthetic values of the place.”

 

The subject dwelling is considered to be a contributory element within the draft conservation area owing to its period of construction, form, and siting.  Its contributory values have been eroded to some degree through some unsympathetic changes to façade materials.

 

The application proposes alterations and additions to the subject dwelling consisting of a first floor addition that is setback approximately 1 metre from the roof cross ridge.  It extends over the proposed rear wing.  The visible section of the addition is simple and rectangular in design with a flat roof and highlight windows.  At ground level the existing rear wing is to be demolished with a new open plan dining and kitchen area added to the rear and some internal reconfiguration of existing rooms.  The existing carport is to be demolished and replaced with a new ‘carport’ set further forward and almost to the alignment of the façade and will feature a solid panel lift door and brick walls on the street elevation.  As such the structure will more closely resemble a garage rather than an open carport.  No modification is proposed to the façade or the front fence.

 

A meeting was held with the applicant and the applicants draft person to discuss potential impacts arising from the original scheme, dated 17 March 2005.  The revised scheme, dated 16 June 2005, is that described above and the changes made include the removal of the third first floor bedroom over the projecting gabled bay and the setting back of the first floor addition by 1 metre from the roof cross ridge which have substantially reduced the impact to the streetscape.  The proposed garage/carport was also discussed at the meeting noting that it had impact to the streetscape and the dwelling form due to its solidity and insufficient setback from the street.  The garage/carport was not modified in the revised drawings.

 

The proposal is generally considered to be acceptable as the applicant has moved to address the issues raised from the original scheme.  Although the first floor additions will be visible in some instances the form and scale of the first floor addition is considered sympathetic.  Due to the height and setback from the roof ridge the addition will not dominate or confuse the original form of the dwelling or detrimentally impact on the pattern of forms in the street.  The internal modifications are reasonable and will not impact on the contribution of the dwelling to the streetscape.  The colours and finishes of the additions have not been submitted for approval.  The proposed garage, or ‘carport’ as it is noted on the plan, was not revised.  The garage is considered to have a detrimental impact to the contributory form of the dwelling and the character of the streetscape due to its solidity and mass alongside the subject dwelling and insufficient setback from the street and dwelling façade.  Additionally a garage such as this would set a poor precedent for the streetscape.

 

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

 

·        That the proposed ‘carport’ has detrimental impact and should either be:

 

1.       deleted from the application;

2.       setback to the alignment of the existing carport if the proposed panel lift door and brick walling is to be retained; or

3.       a lightweight open carport structure with a post supported roof setback to the proposed alignment slightly behind the façade wall and no panel lift door or brick walling.

 

·        The colours, materials and finishes of the external surfaces to the building are to be sympathetic with the existing building and other buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be 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.

 

On 29 August 2005, the following additional comments were made by Council’s Heritage consultant:

 

An on site meeting was held with the applicants at their request on 26 August 2005 to discuss the recommendations regarding the regarding the proposed carport/garage.  Those recommendations were:

 

That the proposed ‘carport’ has detrimental impact and should either be:

 

1.       deleted from the application;

2.       setback to the alignment of the existing carport if the proposed panel lift door and brick walling is to be retained; or

3.       a lightweight open carport structure with a post supported roof setback to the proposed alignment slightly behind the façade wall and no panel lift door or brick walling.

 

The reasons behind these recommendations were articulated, particularly the need to retain the prominence of the dwellings in the street compared to garage structures and the potential to set a poor precedent that would allow other garages with a detrimental streetscape impact to be approved.  The applicant noted their reasons for the proposed garage being the need to secure a utility vehicle which contained tools and equipment used for work.

 

A compromise was discussed whereby a garage, as proposed, could be set forward of the existing garage alignment by 550mm (the edge of the existing electricity box attached to the northern elevation).

 

In a phone conversation on the 29 August 2005, in regard to the neighbour’s objection to the demolition of the existing chimney the applicant noted that they are prepared to retain the chimney as existing.

 

Amended plans were received by Council on 16 September 2005 that show the carport relocated to the position outlined above.

 

6.       MASTER PLANNING REQUIREMENTS

 

The masterplan provisions are not applicable, as the subject site is less than 4,000 sqm

 

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.

§  Development Control Plan - Dwelling Houses and Attached Dual Occupancies.

§  Environmental Planning and Assessment Act 1979 as amended.

§  Building Code of Australia.

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

However, it is noted that draft Amendment No.39 to LEP 1998 relates to the subject site.  The Amendment will, amongst other things, add Caerleon Crescent to the LEP as a Heritage Conservation Area.  The draft Amendment is a matter for consideration under Section 79C(1)(a)(ii).  Accordingly, the proposed development was referred to Council’s Heritage Consultant for consideration.  Comments in this respect are at section 5.2 of this report.

 

8.       ENVIRONMENTAL ASSESSMENT

 

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

 

8.1     Policy Controls

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

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.

50 % 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 25 sqm. Complies.

S1

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

The above area has dimensions of 5 x 5 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.

At least 20 % of the site is permeable. Complies.

 

 

 

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies. 

The proposed FSR is 0.62:1. Complies.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 6.5 metres. Complies.

S3

Cut or fill does not exceed 1m.

Not applicable, as no excavation is proposed.

S3

No excavation within 900mm of a side boundary.

Not applicable, as no excavation is proposed.

S3

No excavation within 4m of a rear boundary.

Not applicable, as no excavation is proposed.

S4

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

10.5 metres of the southern elevation of the proposed dwelling is less than 1.5 metres from the southern side boundary at first floor level. Complies.

S5

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

The proposed first floor addition to the existing semi-detached dwelling is set 1.0 metre behind, and extends about 1.1 metres above, the existing ridge of the building.  This is considered to be acceptable in that the addition will allow the existing dwelling to be interpreted in its original state and will not detract from the overall integrity of the pair of dwellings.  Complies.

 

In respect of the draft Heritage Conservation area, the discussions that have ensued between the applicant and Council’s Heritage Consultant have resulted in amendments that are considered to be acceptable by both parties.  The heritage consultant has determined that the proposal will have an acceptable impact on the significance of the draft conservation area.  The amended plans that were received by Council on 16 September reposition the carport in the manner that was finally agreed upon at the meeting between the applicant and Council’s Heritage Consultant on 26 August 2005.

 

Having regard to all relevant matters for consideration, the proposal will not result in any adverse impact upon either the amenity of the adjoining premises or the character of the locality.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed addition is set back behind the building line. Complies.

S2

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

There is a slight increase to the rear setback of the ground floor level.  The first floor level is set back 3.4 metres from the rear boundary.  Does not comply – assessment below.

S3

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

The proposed side setbacks at ground floor level will, essentially, remain unchanged.  Not applicable.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 0 metres from the southern side boundary and in excess of 1.5 metres from other boundaries. Partial compliance – assessment below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable, as no third floor level is proposed.

 

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

The proposed development does not comply with respect to the side and rear setback Preferred Solutions.  In respect of the rear setback, non-compliance is considered to be acceptable, as the existing rear building setback is to be slightly reduced and the first floor addition will not extend as far back to the rear of the site as the ground floor level.  It will offer adequate natural light (as opposed to solar access) and ventilation to the adjoining dwelling to the south.

In respect of the side setback, the proposed development is located along the southern side boundary with no setback.  This is not uncommon for additions to semi-detached dwellings, particularly in situations where such siting would reflect that of the dwelling’s adjoining twin.  The proposed first floor addition does not extend beyond the alignment with the rear of the adjoining dwelling.  The proposed development will not have adverse impacts in respect of loss of natural light (as opposed to solar access) or ventilation to the adjoining dwelling to the south.

On the basis of the above considerations, the proposed development is considered to satisfy the Objectives and Performance Requirements of the DCP and, therefore, non-compliance with the Preferred Solution is acceptable in this instance.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

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

S1

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

There are windows at first floor level that will overlook the rear yard areas of adjoining properties. Does not comply – see assessment below.

S1

Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.

The proposed includes windows with ledges 1.5 metres or higher. Complies.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

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

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

The proposed development does not comply with the Preferred Solution above, in that the north-facing and west-facing windows of the western first floor bedroom will overlook the rear yard areas of the adjoining properties.  Given that bedrooms have a low use rate and a corresponding lesser extent of overlooking, the proposed windows are considered to be acceptable.  However, to minimise loss of privacy, it is considered appropriate to require that the lower panes of each of those windows be fitted with obscure glazing to minimise opportunities for overlooking.

In respect of overlooking, it is considered that there is adequate natural vegetation surrounding the subject site to minimise overlooking impacts on the properties to the west.  To protect the amenity of those properties to the north, as stated earlier, conditions will be imposed to obscure glaze windows that may otherwise result in overlooking.

On the basis of the above considerations, the proposed development is considered to satisfy the Objectives and Performance Requirements of the DCP and, therefore, non-compliance with the Preferred Solution is acceptable in this instance.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed development has adequate space for parking for 2 cars. Complies.

S1

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

The dimensions of the parking spaces are 2.5 x 5.5 metres. Complies.

S1

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

Not applicable, as the driveway on the site is existing.

S1

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

Not applicable, as the driveway on the site is existing.

S1

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

Not applicable, as the driveway on the site is existing.

S1

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

Not applicable, as the site has no rear access.

S2

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

Not applicable, as the site has no rear access.

S2

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

The proposed carport is located behind the building line. Complies.

S2

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

The proposed garage occupies about 30 % of the width of the site frontage. Complies.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not applicable.

S2

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

The rear yard will receive at least 3 hours of sunlight. Complies.

S2,8

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

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

S9

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

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

S9

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

The proposal will have no impact on north-facing windows of adjoining properties. Complies.

S9

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

The proposal will not reduce solar access to private open space to less than 3 hours. The rear yard of the adjoining property to the south will receive a total of at least 3 hours of sunlight over part of its yard during midwinter (see further below).  Complies.

 

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

 

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

 

In respect of overshadowing, the proposed development will have impacts on the solar access of the rear yard area of the adjoining property to the south.  However, as indicated above, the development complies with the Preferred Solutions.  The new structure will cause overshadowing of that rear yard, but at midwinter, that rear yard will have access to sunlight over part of its yard for a constant period of at least 3 hours.  As the DCP states that compliance with the Preferred Solution deems to satisfy the Objectives and Performance Requirements of the DCP, the proposed extent of overshadowing is considered to be acceptable.

On the basis of the above considerations, the proposed development is considered to satisfy the Objectives and Performance Requirements of the DCP and, therefore, non-compliance with the Preferred Solution is acceptable in this instance.

 

9.       FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10.     CONCLUSION

 

The proposal satisfies all relevant assessment criteria and may be approved subject to appropriate conditions.

 

 

RECOMMENDATION:

 

A.      THAT Council, as the consent authority, grant development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act, 1979 (as amended) to Development Application No. 0200/05 for New first floor addition to the existing semi-detached dwelling and new carport at the front at 1 Caerleon Crescent, Randwick, subject to the following conditions:-

 

DEFERRED COMMENCEMENT CONDITIONS

 

The consent is not to operate until the following material has been submitted to and approved by the Director of Planning and Community Development:

 

1.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjoining semi-detached dwelling and those that exist in the immediate area to maintain the integrity and amenity of the building and the streetscape.  Details of the proposed colours, materials and finishes (i.e. a sample board keyed to building elevations) are to be submitted and shall include (but not be limited by) the following:-

 

§  Colours for all external surfaces of the building;

 

§  Samples of the roofing metal (and that to be used on the feature wall).  It should be noted that the metal should be of a colour that has a low reflectivity level (for both the roof and feature panel wall and any other elements);

 

§  Photographs or brochure (or the like) of the type of garage door proposed.

 

          Evidence required to satisfy these conditions must be submitted to Council within 12 months of the date of this consent.  Upon satisfying the above deferred commencement conditions, the consent will lapse five years after the date from which it operates in accordance with Section 95(1) (a) of the Environmental Planning and Assessment Act 1979. 

 

DEVELOPMENT CONSENT CONDITIONS

 

B.      Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of Planning and Community Development, Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 0200/05 for New first floor addition to the existing semi-detached dwelling and new carport at the front at 1 Caerleon Crescent, Randwick, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered 19/05, dated 16 June 2005 and received by Council on 21 June 2005 (as amended by the requirements of the Deferred Commencement conditions), 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 location and siting of the carport is to be in accordance with the plans received by Council on 16 September 2005.

 

3.       To minimise opportunities for overlooking of the rear yard areas of the adjoining sites, the lower panes of each of the windows to the western bedroom at first floor level are to be fitted with obscure glazing.

 

4.       The existing chimney on the ridge of the building is to be retained and is to remain unaltered.

 

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

 

5.       A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandahs, fences, retaining walls, swimming pools and driveways etc.) located upon No.3 Caerleon Crescent. 

 

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

 

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

 

6.       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.

 

7.       External timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturer’s details.

 

          Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

8.       Hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

9.       Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

          Absorption pits or soaker wells must be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance.

 

          Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

10.     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:

 

11.     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.

 

12.     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.

 

13.     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.

 

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

 

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

 

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

              

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

 

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

 

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

 

15.     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.

 

16.     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”.

 

17.     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.

 

18.     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.

 

19.     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.

 

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

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

 

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

 

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

 

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

 

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

 

21.     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.

 

22.     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”.

 

23.     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.

 

24.     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.

 

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

 

26.     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.

 

27.     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.

            

28.     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.

 

29.     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.

 

30.     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.

 

31.     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

 

32.     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.

 

33.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

36.     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.

 

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

 

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

 

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

 

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

 

40.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $110.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

42.     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.

 

43.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

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

 

44.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

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

 

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

 

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

 

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.

 

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

 

 

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

TOM HUTCHISON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT PLANNER

 

 

 


 

Director, City Planning Report 62/2005

 

 

 

SUBJECT:

54-56 Melody Street, Coogee

 

 

DATE:

15 September, 2005

FILE NO:

D0295/2005

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is Development Application Report NO. 295/2005 for alterations and first floor additions to pair of semi-detached dwelling houses, including a car space and front first floor balconies.

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

1.  Development Application Report dated 23 August 2005

2.  A4 Architectural Plans 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR, CITY PLANNING

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

23 August, 2005

FILE NO:

D0295/2005

 

PROPOSAL:

 Alterations and first floor addition to pair of semi-detached dwelling houses, including a car space and front first floor balconies.

PROPERTY:

 54-56 Melody Street, Coogee

WARD:

 North Ward

APPLICANT:

 Tony Fragar Design Pty Ltd

OWNERS:

 Mr H J H Risseeuw and Mr C T Magee

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Council at the request of Councillors Murray Matson, Margaret Woodsmith and Bradley Hughes.

 

The proposal is valued at $505,000.

 

The proposal is for alterations and first floor additions to a pair of semi-detached dwellings. The pair of dwellings are of high architectural quality and located in a relatively intact streetscape. Accordingly, the design of the proposal has been amended to be consistent with the character of this streetscape.

 

One objection to the application was received during the exhibition period which raised concerns with the proposed FSR, length of the addition, setbacks, streetscape character, the bulk of the proposed gabled roof form, proposed roof finish being colorbond and loss of privacy from proposed first floor windows to the southern elevation. As a result of these issues, a number of amendments were made to the proposal which resolved the above-stated concerns.

 

The application is recommended for deferred commencement consent subject to lodgement of a consolidated set of plans incorporating the conceptual amended plans and standard conditions of consent.

 

2.       THE PROPOSAL

 

The proposal is for alterations and first floor additions to the existing pair of semi-detached dwellings. Living areas are to be provided to the ground floor and bedrooms to the first floor. An existing courtyard is provided to the rear of each of the dwellings. To No. 56 Melody St formalisation of a car space to this rear courtyard with access from Brighton Road is included.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Melody St between the intersecting streets of Dolphin St and Coogee St. To the south of the site is Brighton Road, the width of a lane, which connects Melody St to Carrington Rd to the west.

 

The subject site is comprised of a pair of semi-detached dwellings, single storey and of good architectural merit. The pair of dwellings is consistent in form and remains architecturally intact.

 

The surrounding locality comprises of typically single or two storey detached or semi-detached dwellings. Typically, first floor additions have been constructed to be architecturally sympathetic with retention of representative built form elements.

 

Subject sites & rear of No. 56 Melody St

Looking south Melody St                                              Looking north Melody St

Brighton Rd.

 

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The proposal was the subject of a pre-lodgement application where typically the form and density of the proposal was considered to be consistent with the streetscape and adjoining properties.

 

As part of the assessment of the proposal the application was notified to neighbouring properties. As part of this, one objection was received. This submission raised concern with the form of the development and its consistency with the streetscape.

 

The assessing officer concurred with these concerns and opportunities for amending the proposal was discussed with the applicant/architect for the proposal. Amended plans were submitted on the 11 August 2005, which altered the finish of the roof from colorbond to tile, changed the double gabled roof to a hipped roof, and reduced the number and width of windows to the southern elevation at first floor.  The principal points of objection are addressed by these submitted amendments.  

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP- Public Notification. The following submissions were received:

 

5.1     Objections

 

D and L Rivlin

58 Melody Street

 

·        Inaccuracies in the plans including a misrepresentation of the building at No. 58 Melody Street

 

Comment

 

The inaccuracies on the plans are noted (mislabelling of elevations and incorrect drafting of No. 58 Melody St) however site conditions and an assessment in relation to neighbouring properties was based on  a site inspection not necessarily from the site analysis.

 

·        The proposal exceeds FSR and maximum building length for a first floor addition

 

Comment

 

The proposal seeks to vary the preferred FSR for both properties and to provide a first floor addition in excess of the preferred length where the setback is less than 1500mm. A discussion on non-compliances with preferred solutions is provided below under Environmental Assessment.

 

·        Loss of privacy from number of first floor windows and side boundary door to southern elevation

 

Comment

 

The amended plans seek to reduce the number of windows to the southern elevation. Given Brighton Road is positioned between these two properties it is considered that there will be sufficient privacy retained between the two properties where direct overlooking will be minimised.

 

·        Concern for the choice of roof materials

 

Comment

 

The amended plans alter the roof finish from colorbond to tile consistent with the existing roof. 

 

·        Concern for the height of the pitch of the proposed roof

 

Comment

 

The amended plans alter the roof form to be hipped which reduces the pitch of the roof thereby lowering the height of the development. 

         

5.2     Support

 

A petition with 18 signatures in support of the application has also been received.

 

6.       TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, standard conditions of consent were provided.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The proposal is considered to be consistent with the objectives of the zone where the character of the residential area is being maintained, and the development opportunities for the site are achieved without any adverse impact to neighbouring properties or the environmental quality of the locality.

 

8.       ENVIRONMENTAL ASSESSMENT

 

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

 

8.1     Development Control Plan No. Dwelling Houses and Attached Dual Occupancies

 

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.

49% 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 42 sqm. Complies

S1

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

The above area has dimensions of 6 x 7 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.

21% of the combined site is permeable. Complies

 

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

 

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

 

The proposed landscaped areas are consistent with the requirements of the DCP and will ensure for sufficient recreation and permeable landscaped area for both sites.

 

Floor Area

 

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies. 

The proposed FSR is 0.71:1 (No. 54). & 0.84:1 (No. 56) Does not comply – see assessment below.

 

 

 

 

 

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

 

The proposal for both properties exceeds the preferred FSR of 0.65:1. The variation for No. 54 Melody St is approximately 17sqm and for No. 56 Melody St it is approximately 43.5sqm It is considered that the density of the proposal is not inconsistent with the streetscape where there are a number of first floor additions at a similar scale and bulk to that proposed. Whilst more recently proposed first floor additions have been approved at or just below the permissible floor space ratio it should be noted that these properties have a greater site area and as such the floor space of these developments is consistent with that of the proposal.  In terms of visual bulk it is considered that the proposal is in keeping with similar first floor additions within the immediate proximity with a first floor addition which respects the symmetry, scale and proportions of the existing pair of dwellings maintaining a significant portion of the existing roof mass. Given that both semi-detached dwellings are being erected concurrently the proposal will achieve a better design outcome allowing for a consistent built form between both properties.

 

The proposed density is numerically not a significant breach of the preferred solution and approving this density over both dwellings would not be inconsistent with the performance requirements of the control where there is no adverse impact to neighbouring properties, the character of the pair of dwellings or the streetscape.

 

Concern was raised as part of the preliminary assessment of the application for the built form of the additions. The concerns raised were for the adoption of a gabled roof pitch as opposed to a hipped roof. The hipped roof, consistent with the existing dwelling would have a reduced bulk and would be characteristic of the streetscape. The applicant and owners agreed to this amendment which resolved the primary concern with the design of the proposal. A secondary issue was the provision of first floor balconies within the front setback into the existing roof. The applicant was asked to explore removal of these balconies to ensure more of the existing roof was preserved. The architect for the proposal highlighted that should these balconies be removed then a portion of the existing roof would still need to be rebuilt which would require the extension of the existing ground floor gables. As these gables are a significant architectural element of these two properties it would be preferred that the design not be tampered with and as such retention of the balconies was seen to be reasonable to maintain the integrity of the existing ground floor built form. The final issue raised was with the change in roof material from tiles to colourbond. Whilst it is noted that the existing roof will need to be rebuilt, the preference was for matching of the existing materials as tiles are considered to be the best finish to both the existing architecture of the dwellings and the streetscape. The applicant has agreed to the change of materials for the roof to maintain a tiled form.

 

It is considered that the proposed first floor additions, subject to amendments to maintain a hipped roof form and to minimise change to colours and materials will ensure that the character of the pair of dwellings is preserved.

 

 

Height, Form & Materials

 

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 5.3 metres. Complies

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

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

The entire southern elevation of the proposed dwelling is 1.3 metres from the southern side boundary at first floor level. Does not comply.

S5

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

Complies

 

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

 

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

 

The proposed development provides for a consistent first floor addition to both of the semi-detached dwellings. The first floor addition is well below external wall height controls and ensures that the external wall bulk is kept to a minimum with floor to ceiling heights that are consistent with the ground floor.

 

The first floor addition is setback only 1.3m from the southern side boundary which is inconsistent with the preferred solution however it should be noted that this is due to replication of ground floor setbacks at the first floor level to maintain visual cohesion between the two floors. It is considered that the performance requirements of the control are satisfied where Brighton Rd, located to the southern boundary will ensure generous separation between the subject site and the southern neighbour No. 58 Melody St.

 

Building Setbacks

 

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The front setbacks are not altered by this proposal where the first floor addition is set behind the ground floor front alignment.

S2

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

The rear setback is not altered by this proposal where the first floor addition is to be contained entirely within the ground floor footprint.

S3

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

The proposed development is set back a minimum of 1.3 metres from the side boundaries. Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back a minimum of 1.3 metres from the side boundaries. Does not comply.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

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

 

The setback of the proposed first floor addition is less than the preferred solution. There is no objection to variation as sufficient building separation to the south is achieved with the location of Brighton Rd to this boundary. It is considered that performance requirements of the control are satisfied with this proposal where there is no adverse impact to the amenity of neighbouring properties and that the first floor addition provides for setbacks consistent with the ground floor therefore providing a consistent elevation form and pattern of setbacks to the streetscape.

 

 

 

 

 

 

 

Visual & Acoustic Privacy

 

 

Preferred Solution

Assessment

S1

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

The applicant has submitted amended pans which reduces the extent of first floor window to the southern elevation where an objection was received for loss of privacy from No. 58 Melody St.

S1

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

First floor balconies are provided to the street elevation where there is limited opportunity for loss of privacy.

S1

Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.

Sufficient privacy treatment has been provided as part of amended plans for both properties to satisfy objections received in relation to the overlooking.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

 

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

 

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

 

An objection was received from No. 58 Melody St in regard to loss of privacy. The concerns for overlooking were considered to be of secondary importance given there is a road between the subject site and the objector’s property. Nevertheless it was agreed that the windows as proposed were extensive and could be reduced without affecting the internal amenity of the proposal. The objector preferred highlight windows along the length of this southern elevation however the applicant argued that this would unreasonably compromise the amenity of these rooms and impact on the appearance of this elevation to Brighton Rd.  In response, amended plans were submitted that reduced the number of windows so that the original seven windows would be reduced to three with two of these windows also having a reduced width. It is considered that this compromise is a reasonable outcome where overlooking will be reduced to No. 58 Melody St from these low usage rooms yet internal amenity will be preserved for the occupants of the development.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

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

S2

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

Suitable condition included.

 

 

Garages & Driveways

 

 

Preferred Solution

Assessment

S1

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

The proposed dwelling does not have parking for 2 cars. This does not comply however as an existing pair of dwellings the reduced parking is an existing site constraint.  There is limited opportunity to provide parking other than the proposed rear parking sought for No. 56 Melody St and providing parking forward of the building would be inconsistent with the objectives of the DCP.

S1

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

The dimensions of the parking space can be conditioned to be 5.5x2.5. Complies.

S1

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

The proposed driveway is 3 metres wide and is set back at least 1 metre from the side boundary. Per condition of consent complies.

S1

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

The proposed driveway is 3 metres at the front boundary. Per condition of consent complies.

S1

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

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

S1

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

Not applicable, Brighton Rd is a road not a lane.

S2

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

Complies

S2

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

The proposed garage is located behind the building line. Complies.

S2

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

Not applicable

 

 

Solar Access and Energy Efficiency

 

 

Preferred Solution

Assessment

S1

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

 

S2

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

The rear yard will receive at least 3 hours of sunlight. Complies.

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

 

9.       FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

 

 

10.     CONCLUSION

 

The proposal as amended has resolved the planning issues and objector’s concerns resulting in a development that will provide for additional floor area without compromising the architectural integrity of the subject semi-detached dwellings. The amenity and streetscape impact arising from the development are not significant and the proposal satisfies the objectives and performance requirements contained within the DCP–Dwelling Houses.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to Development Application No. 295/2005 for Alterations and first floor addition to pair of semi-detached dwelling houses, including a car space and front first floor balconies. at 54-56 Melody Street, Coogee subject to the following conditions:-

 

 

Deferred Commencement Conditions

 

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

 

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

 

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

 

2.    A consolidated set of plans shall be prepared and submitted reflecting the amended roof form detailed in Drawing: Option B SK 04 dated August 05 and received by Council on 11 August 2005.

 

Development Consent Conditions

 

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

 

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:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01, through to DA06, DD07 and DA08 dated April 05 and submitted 21/04/05 Sk02, 03 & 04 undated and submitted to Council 11/08/05 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 the following conditions and as may be shown in red on the attached plans:

 

2.       The first floor addition to each semi-detached dwelling shall be constructed concurrently and shall be the subject of one construction certificate application for the entirety of the works proposed .

 

3.       Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 500mm and details of compliance are to be included in the construction certificate details.

 

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

 

 

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

 

5.       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.

 

6.       New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

          Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

7.       New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

8.       Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

          Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

          Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

9.       External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the 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:

 

10.     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.

 

11.     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.

 

12.     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.

 

13.     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.

 

14.     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.

 

15.     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”.

 

16.     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.

 

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

 

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

 

18.     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.

 

19.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

21.     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.

 

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

 

23.     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.

 

24.     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.

 

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

 

          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.

 

26.     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.

         

27.     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.

 

28.     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.

 

29.     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.

 

30.     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

 

31.     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.

 

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

 

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

 

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

 

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

 

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

 

33.     Any part of Council’s nature strip which is damaged as a result of the work must be back-filled, top-soiled and re-turfed with kikuyu turf prior to occupation or finalisation of the development, to Council’s satisfaction.

 

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

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

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

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

 

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

 

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

 

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

 

a)       Construct concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the sites.

 

41.     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.

 

42.     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.

 

Alignment Level Conditions

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

 

43.     The applicant must meet the full cost for Council or a Council approved contractor to install vehicular crossings and 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.

 

Advisory Conditions

 

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

 

A2     Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority for this development.

 

A3     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) and the construction certificate must not be inconsistent with the development consent.

 

          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 ensure that the development is not inconsistent with Council's consent and 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 Architectural Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR, CITY PLANNING

environmental planning officer

 

 

 

 


 

Director, City Planning Report 63/2005

 

 

 

SUBJECT:

10-40 Pine Avenue, Little Bay and Lot 26 in DP 270427

 

 

DATE:

15 September, 2005

FILE NO:

DA/0331/2005

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Attached is Development Application Report No 331/2005 for alterations and additions to existing heritage items on the site and adaptive re-use for residential purposes (13 units), basement parking for 19 cars and at ground parking for 3 cars, stratum land subdivision to incorporate part of Lot 26 at basement level only, and boundary adjustment.

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

1.  Development Application Report dated 15 August 2005

2.  A4 Reductions  

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

 

DIRECTOR, CITY PLANNING

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

15 August, 2005

FILE NO:

DA/0331/2005

 

PROPOSAL:

 Alterations and additions to existing heritage items on the site and adaptive reuse for residential purposes (13 units), basement parking for 19 cars and at ground parking for 3 cars, stratum land subdivision to incorporate part of Lot 26 at basement level only, and boundary adjustment

PROPERTY:

 10-40 Pine Avenue, Little Bay and Lot 26 in DP 270427

WARD:

 South Ward

APPLICANT:

 Stockland Development (PHH) Pty Ltd

OWNER:

 Landcom

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

1.       EXECUTIVE SUMMARY

 

The application is referred to Council as it is valued at $4,000,000.

 

The subject application is for the adaptive reuse of existing heritage items on part of the site (Lot14) for residential purposes (13 units). The development is comprised of a two storey building plus attic space (McIlraith Building), a bedroom in the former water reservoir and basement parking for 19 cars and at ground parking for 3 cars. Land subdivision (stratum) is also proposed.

 

The proposal the subject of the development application is an integrated development under the provisions of section 91 of the EP&A Act requiring the approval of the Heritage Council of NSW as the subject site is located within the Prince Henry conservation area which has been gazetted in the State Heritage Register.

 

The proposal was advertised and notified.  No submission was received.

 

The proposed residential use has been identified in the Master Plan for the Prince Henry site, which was adopted on 27 May 2003, and is consistent with the requirements of the Master Plan with the exception of likely traffic generation as a result of increased number of dwellings. The departure from the traffic requirement has been assessed in terms of this development individually and in terms of the cumulative impact across the site and has been found to be acceptable.

 

The proposal breaches the existing building envelope of the McIlraith Building (dormer windows and extension to the western end of the building). Heritage development is limited to the existing building envelope under clause 30A(2) of RLEP98. This is considered to be a development standard and as such an objection under SEPP 1 has been lodged by the applicant and assessed in this report. Despite the breaches, the development is not an overdevelopment of the site and the Heritage Office has provided General Terms of Approval requiring design changes to ensure breaches don’t compromise the heritage status of this significant site.

 

The proposal provides carparking in excess of the DCP requirements. Given the lack of deep soil landscaping on the northern portion of the site, the SEPP 65 Design Review Panel’s comments in this regard and the sustainable objectives of the Prince Henry Development site as a whole, parking is to be reduced to meet the DCP requirements.

 

The application is generally consistent with the provisions of the Randwick Local Environmental Plan 1998, the approved master plan for the Prince Henry site and the Prince Henry Development Control Plan in all other respects. The Heritage Office and all other referral bodies (Sydney Regional Development Committee, SEPP 65 Design Review Panel) have provided comments which support the recommendation for approval subject to conditions.

 

2.       THE PROPOSAL

 

It is proposed to adaptively reuse the existing buildings on the site for residential purposes. The redevelopment will result in a total of 13 dwellings (3 x 1 bedroom, 6 x 2 bedroom and 4 x 3 bedroom units). In order to provide this number of dwellings additional floor area is to be added into the roof space of the existing McIlraith Building necessitating dormer windows to the northern and southern roof planes.

 

A new basement carpark with parking for 19 cars is proposed below the existing open space to the north of the McIlraith Building with access from Jenner Street. The car park will be connected to the development through the existing subfloor of the Mc Ilraith Building which will also provide storage space for the new units. Three open air spaces are proposed off Jenner Street near the northern boundary of Lot 14.

 

Due to the shape of the site being irregular and the constraints of retaining the existing building, the basement parking is proposed to be partially constructed under adjoining lot (real property description Lot 26 in DP 270427). This will be provided for by a stratum subdivision between Lot 14 and the adjoining lot at basement level. Easements for drainage and electricity will also be created. The northwestern boundary between lots 14 and 26 will be adjusted to simplify the location and access arrangements to the three open air visitor car spaces. The area of the lots after the adjustment will be:

 

§  Lot 14: 2,353m2

§  Lot 26: 6,755m2

 

Landscaping is also proposed to the site.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

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

 

The site that is the subject of the proposed development, forms part of the historic precinct identified in the adopted Master Plan for the Prince Henry site and is known as Buildings 11 and 12 in the Master Plan document. The legal description of the site is Lots 14 and 26 in DP270427. The site is also referred to as Lots 11 and 12 in Council’s Prince Henry Site DCP (the DCP).

 

The subject site comprises two lots. Lot 14 in DP 270427 is an irregular shaped corner lot with a boundary to Pine Avenue of approximately 56 metres, a boundary to Jenner Street (a new road) of approximately 47 metres. The northern and eastern boundaries of Lot 14 measure 61.5 metres and 39.01 metres, respectively. Lot 14 has an area of 2,372m2. The proposed works will also encroach (at basement level) on Lot 26 in DP 270427, the adjacent vacant allotment to the north. This Lot has an area of 6,683 m2.

 

Lot 14 contains a two storey building sited along the east-west axis of the property with part basement to the east and attic to the eastern elevation. The building (known as the McIlraith Building) previously operated as the pathology centre for the Hospital and is of high historic significance (according to the Conservation Management Plan for the site). The building is also listed on the State Heritage Register. A circular building (previously used as a water reservoir) also exists to the southeastern corner of the McIlraith building and is also of high heritage significance. The Pine Avenue frontage of the site is landscaped with grass and pine trees, which are also of significance. To the north of the existing building site works have removed all vegetation including a significant tree planting.

 

To the west of the site, across Jenner Street are Lots 18 and 19, which are to be redeveloped for 3-4 storey buildings comprising apartments above ground floor retail. To the north of the site are the single storey artisan’s cottages which are proposed to be 8 x 2 bedroom semi-detached dwellings under the master plan. To the east of the site is Lot 10 which will be redeveloped for 3-4 storey older persons housing under the master plan. To the south of the site across Pine Avenue is Lot 23 which contains the historic 1-2 storey Flowers Wards.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The Prince Henry site as a whole has been subject to a lengthy strategic planning process. On 27 May 2003 Council adopted a revised master plan for the former Prince Henry Hospital site effective for five years from that date. The Master Plan creates a new residential and community precinct with a variety of land uses including retail, commercial, open space, recreation and community facilities.

 

Amendment 28 to Randwick Local Environmental Plan 1998 was gazetted on 26 November 2004 and had the effect of rezoning the site to a mix of 2D Residential (Comprehensive Development), 6 Special Uses and 7 Environmental Protection. The amendment also contains height, FSR and landscape area requirements for development within the 2D area of the site.

 

The Prince Henry Site Development Control Plan (the DCP) was approved by Council on 27 July 2004 and became effective after the gazettal of Amendment 28 to RLEP98 on 8 December 2004.

 

A number of applications for development on the Prince Henry Hospital site have been approved by Council, including applications for subdivision, infrastructure works, adaptive re-use of the Flowers Wards, a drug rehabilitation facility in Jarrah House and an Aboriginal Medical Research building. The proposal is located in Stage 3 of the development under the phasing in the approved master plan. Applications relevant to this application are:

 

DA Number

Subject

Relevance

Approved

1188/2002

Remediation

Demolition of buildings, remediation to occur on site prior to development commencing

17/12/2002

1102/2003

Stage 3 infrastructure works

Roads and services to be provided to site.

31/12/2004

 

 

Council presently has a number of development applications under assessment in line with the adopted Master Plan.

 

An amended Master Plan application (RZ6/2001’B’) was lodged on the 5 September.  The application is currently being assessed and will be reported to Council in Oct/Nov 2005. The amended Maser Plan seeks a number of changes to the southern part of the site and proposes to delete 95 apartments at eastern edge of the site & replace with 23 single detached dwellings, also 40 dwellings to replace 97 apartments in s/w corner of site, change boundary & building footprint to number of lots, a cul-de-sac at end of new road NR4 (Harvey St) instead of intersection with Jennifer St and rezoning to one lot to provide for 8 townhouses. The amendment also seeks to enlarge Pine Ave park and changes to parking arrangements. These amendments do not seek to significantly change the master plan with respect to the subject site.

 

A prelodgement meeting was held on 15 April 2005 (PL 14/2005) to discuss development concepts for adaptive reuse of the McIlraith Building and water reservoir for residential use. Issues raised in relation to the application were the bulk and scale of the western (Jenner Street) elevation of the building and the increased parking and density proposed. The prelodgement comments also highlighted the heritage significance of the site and SEPP 65 requirements.

 

The development application was lodged on 3 May 2005. The application was notified for 30 days in accordance with Integrated Development provisions. Due to significant issues raised by the Heritage Office and Council’s heritage planner in relation to the heritage aspects of the proposal, negotiations were held with the applicant. The amended plans submitted on 1 September 2005 are the outcome of these negotiations and are the subject of this assessment.

 

b.      HISTORY OF SITE USAGE

 

The site forms part of the wider area known as the ‘Prince Henry Hospital site’ that was previously used as the Prince Henry (Coast) Hospital.

 

Heritage information provided with the application indicate the McIlraith Building was constructed in 1935 and was used as a pathology laboratory and offices. In 1940 additions to the building provided an extended range of facilities including an animal house and mortuary. From 1960 the hospital was used as a major teaching hospital with further additions (now demolished) to the west of the building. In the 1980s the building changed use in association with the development of an Emergency Department with the mortuary taking the role of morgue. The closure of the hospital on the site was announced in 1988 and facilities were gradually closed after this time.

 

The former water reservoir formed part of the Hospital’s reticulated water supply. The reservoir was constructed around 1904 and was used as part of the water supply until it was upgraded in the mid-1930s. Physical evidence suggests that by 1940 the use of the reservoir for water storage had ceased and the building was being used for general storage.

 

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the Development Control Plan for Public Notification of Development Proposals and Council Plans. No submissions were received in response to this notification. The notification has been checked and all likely affected properties have been correctly notified of the development.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Director, City Services

 

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

 

An amended application has been received for refurbishment of the existing building on Lot 14 to provide 13 residential units, construction of a basement carpark and associated landscaping.

 

It is also proposed to amend the boundary between Lot 14 and 26 to allow for stratum allocation of the proposed carpark to Lot 14. This is required as the proposed basement carpark extends into Lot 26.

 

It is understood that the planning officer has received written confirmation from the applicant that the subject development site will be identified as both Lots 14 and 26. Consequently, there are no issues associated with the boundary adjustment being included as part of this development approval.

 

Landscape Comments

There are two Cupressus sempervirens (Italian Cypress), each of approximately 6 metres in height on either side of the existing brick entry area, at the southwest corner of the existing building. Although covered by Council’s Tree Preservation Order, neither is deemed significant or worthy of retention, and as such, approval is granted for their removal subject to replacement planting being undertaken along this frontage.

 

On the eastern side of this entry area, there is one Allocasurina glauca (She-Oak) of approximately 8 metres in height. Again, this tree is covered by Council’s Tree Preservation Order but appears in poor condition and is poorly sited close to existing structures. Approval is also granted for the removal of this tree, with the applicant required to provide replacement tree planting as part of the landscape proposal for this area of the site.

 

Numerous trees and areas of vegetation have already been removed from the site in association with a separate approval for remediation works, with excavation also having been undertaken in close proximity to the row of historical and highly significant Araucaria heterophylla (Norfolk Island Pines) along the Pine Avenue frontage, exposing and severing roots.

 

Written advice was forwarded to the applicant advising that although these trees are located outside the boundary of this particular site, they still have a responsibility to ensure their protection during their site works, with the applicant confirming that all work conducted within the setbacks specified will be in accordance with protection measures and Arborists advice.

 

The submitted landscape plan will require several minor amendments prior to acceptance, with conditions relating to these issues included in this report.

 

Drainage Comments

All site stormwater leaving Lot 14 must be discharged to the new storage pond (located adjacent to Fairway 7 within the Coast golf course), via the street drainage system in Pine Avenue. The stormwater shall be discharged directly to the underground drainage system in Pine Avenue via a kerb inlet pit (in accordance with the Prince Henry drainage strategy prepared by Connell Wagner). It is noted that all kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

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

 

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

 

Traffic Comments

The Planning Officer should ensure the proposed parking provisions and internal carpark layout are satisfactory.

 

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.

 

Traffic Generation

The submitted plans show a total of 13 units on Lot 14. This represents an increase of 3 units (from the 10 units detailed in the Masterplan) and may result in a small increase in traffic generation over and above the traffic generation of the approved Masterplan.

 

It is noted that whilst the increase in this development application alone may not have a significant impact on the surrounding road network; a number of the development applications recently received for the Prince Henry site involve increasing the number of dwellings/beds above that approved in the Masterplan. Hence the cumulative effect may mean that the traffic impacts from the actual development of the Prince Henry site will vary from the impacts assessed in the masterplan.

 

In response to these concerns, the applicant has submitted a ‘Supplementary Traffic and Parking Report’ by GSA Planning dated May 2005 which assesses the impacts of increased traffic generation over and above the adopted masterplan and gazetted LEP.

 

The supplementary traffic report was considered at the July 21 meeting of the SRDAC, and the attached comments (dated 17 August 2005) were received. It is noted that whilst the SRDAC concluded that the proposal will not have a significant traffic impact on the adjacent classified road network, the letter from the SRDAC does note that the police have raised some concerns regarding the ability of the internal road network to cope with the additional traffic. Consequently, the supplementary traffic report was referred to Council’s Traffic Engineer on 22nd August, 2005 for discussion with police representatives.

 

The planning officer should ensure that consideration is given to any recommendations provided by the police representative and the traffic engineer prior to the issuing of development approval.

 

Parking Provisions

According to Council’s DCP for parking, a total of 19 parking spaces are required for the new development (16 residential spaces and 3 visitor spaces). Consequently, the submitted plans show surplus parking spaces being provided with 19 spaces in the basement and 3 additional spaces at street level. Access to the three street level parking spaces is proposed through Lot 26 (to the north of Lot 14).

 

It is understood that the applicant proposes to allocate the three street level parking spaces as visitor spaces so that only residents are required to access the basement area.

 

Discussions with the planning officer have indicated that the consent may be conditioned to convert one of the basement parking spaces into a carwash bay and reduce the size of the basement carpark by two spaces to facilitate deep soil planting. This arrangement would then leave 16 residential parking spaces plus 1 carwash bay in the basement, together with 3 visitor parking spaces at street level.

 

The development engineer does not object to this proposal provided that suitable easements for access are provided over Lot 26 in favour of Lot 14 to facilitate access to the 3 street level parking spaces. Appropriate conditions regarding this matter have been included in this report.

 

Bus Stop

It is noted that the proposed vehicular access point is located adjacent to a proposed bus stop. The following comments have been received from the STA’s Traffic Engineer in response to concerns raised regarding the effect of the driveway on the performance of the bus stop:

 

I have checked the design of the proposed driveway, and I do not believe that it will affect bus services.  Given the restricted room that this gives for buses to leave the stop, we request that the footpath/verge near the driveway is kept clear of power poles, trees, etc which could be hit by the tail of the bus.  Our standard design guideline is that fixed objects are kept at least 600mm from the face of kerb.

 

Please be aware that this is not a commitment that we will provide a bus service into the development.  I have simply reviewed the design for its affect on a future bus stop.

 

The Development Engineer notes that given the proposal does not extend beyond the property boundary (excluding the new driveway); no conditions regarding the provision of a 600mm setback from the kerb are required in this report.

 

Stratum Subdivision Comments

The submitted plans show a portion of the proposed basement carpark for Lot 14 extending under Lot 26. It is understood that the applicant intends to stratum subdivide the allotments to allow the parcel of ground containing the basement carpark to be allocated to Lot 14. Whilst this arrangement is not favoured, it is noted that there is nothing legally wrong with the arrangement and given the site constraints associated with the existing heritage building on the site, no objections are raised to the proposal.

 

Further to the above comments, it is noted that the boundary between Lots 14 and 26 should be realigned (at the western end) to match the proposed edge of the access driveway serving Lot 26. A condition regarding this matter has been included in this report.

Groundwater Comments

 

The applicant has submitted a geotechnical report by Douglas Partners dated May 2005. The report states that groundwater was not encountered within the depths of the investigation, however there is likely to be some seepage at the soil-bedrock interface (as sandstone was found at varying depths between 2 - 5.8 metres below the ground surface). The applicant’s consultant has further noted that any seepage into the excavation should be minor and that a tanked basement would not be required for the proposed development.

 

Given that stormwater runoff from the site will be directed through bio-filtration swales and into the golf course storage pond for re-use in irrigation, no objections are raised to small amounts of seepage water being discharged into the stormwater system.

 

Consequently, no conditions regarding tanking of the basement carpark have been included in this report.

 

Waste Comments

 

The amended application was referred to Council’s Waste Compliance Officer and the following comments received:

 

The waste storage is of sufficient size to contain the required number of bins as is the nominated kerbside collection point. All bins are accessible within the designated storage area.  Access from the waste storage area (basement level) to the nominated collection point (ground level) is via the vehicle ramp. The ramp has a gradient of 1:8 in part and 1:5 in part. This is considered to be quite steep for the transporting of full garbage bins, and, as recommended at the prelodgement stage, an alternate method of transportation for the bins should be considered.

 

All other aspects of the waste management plan are considered to be satisfactory.

 

It is noted that the Waste Compliance Officer does not consider the above outstanding issue to be grounds for refusal and recommends that a condition may be included in the approval to address the matter. The following condition has been included in this report:

 

Details showing how full garbage bins will be safely transported to the kerbside for collection shall be submitted to the certifying authority for approval prior to the issue of a construction certificate. This condition is required as the ramp grades are too steep to facilitate manual wheeling of bins up to the street.

 

The planning officer should determine whether they require details of the proposed method for transporting bins prior to the issuing of development approval.

 

Should the application be approved the following conditions shall apply:

 

Conditions proposed by City Services have been included in the recommendation section of this report (see Conditions 91-129).

 

6.2     Manager, Environmental Health and Building

 

The Manager, Environmental Health and Building provided the following comments in relation to the proposal:

 

Building Comments

 

The Proposal

 

The proposal provides for the conversion of the existing 3 storey empty pathology building and adjacent outbuilding into a new 3 storey Multi Unit Housing residential development with subterranean carpark linked to the northern side of the building.

 

BCA Building Classification

 

Class -        2       (Residential Units)

Class -        7a     (Carpark)

 

Background

 

The existing building on site is a post war brick hospital building bounded by buildings of a similar nature.

 

Key Issues

 

Noise:

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

 

Site Management:

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

 

Building Code of Australia (BCA):

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

Access for people with a disability:

 

Although access and facilities for people with disabilities is not required under the Building Code of Australia, wherever practicable the entrance to a multi unit housing development should aim to facilitate some degree of accessibility to the building. In this regard consideration could be given to at least providing access via  a ramp to the main entry foyer.

 

Conclusion:

 

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

 

Environmental Health Comments

 

The proposal

 

The application seeks to gain approval for the refurbishment of and minor alts to create 13 apartments in an existing building, previously used as a pathology building. The building works will also include the construction of an underground car park.

 

Key Issues

 

Land Contamination:

 

The site has been remediated in accordance with DA 1188/02, (as amended) and a Site Audit Statement has been submitted by Paul Steinwede (# PS 33) dated 10 June 2005. The site audit statement (SAS) has been supplemented with a Summary Site Audit Report. The site auditor has made comment on the SAS that any associated lease and/or sale contract must include the SAS. Appropriate notation has been included on the Councils property database.

 

Furthermore, the Site Auditor confirms that the validation criterion for this building was modified, as agreed by the Department of Environment and Conservation on 4 March 2005.

 

Relevant conditions are to be included, pertaining to importation of fill material.

 

Acoustics:

 

The proposal has been designed to meet current BCA requirements for acoustic separation (please refer to section 5.2.2 of SEE for more details).

 

An acoustic assessment of the proposed development has been carried out in accordance with the recommendations and guidelines set out in Councils DCP, the BCA, AS/NZS 2107 and the DEC Noise Policy.

 

Appendix 16 of the SEE includes a copy of the Acoustic Report 242911-TRP-003928-01 prepared by Vipac Engineers and Scientists Ltd dated 2 May 2005.   This report includes; Traffic noise & back ground noise surveys, ingress into the buildings, recommendations in accordance with the BCA and   limiting criteria for mechanical plant and equipment as per DEC guideline. Once the plant and equipment has been selected, a separate acoustic report has been requested as well as a compliance report.

 

Provided the recommendations of the said report are carried out, it is stated that the proposal is predicted to comply with the noise intrusion requirements.

 

Accordingly, conditions will be included requiring an acoustic report prior to Construction Certificate being issued and prior to an Occupation Certificate being issued.

 

RECOMMENDATION

 

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

 

Conditions proposed by the Manager, Environmental Health and Building have been included in the recommendation section of this report (see Conditions 44-90).

 

6.3     Heritage Planner

 

Council’s consultant Heritage Planner has provided the following comments in relation to the application:

 

Background

 

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

 

The proposal has been the subject of an informal and a formal pre-application meeting. An SECP was not submitted in conjunction with the pre-application proposal.

 

The Proposal

 

The proposal is for adaptive reuse of the former Pathology Department building (Mc.Ilrath Building), and former Water Reservoir on Lot 14 for use as 13 residential apartments.  The proposal includes the provision of a basement carpark to the north of the existing building, provision of terraces and balconies at ground and first floor level and provision of a third level by the insertion of dormer windows into the existing roof.  The existing hallway at ground floor level is to be retained, with loss of the existing hallway at first floor level.  An additional internal stairway is proposed at the eastern end of the building.  An addition is proposed at the western end of the building, and new verandahs and balconies to the northern, southern and eastern elevations. The Water Reservoir is to be used for bedroom accommodation.

 

Existing structures

 

The site is located on Pine Avenue, with the Flowers Wards to the south and the Artisans’ Cottages to the north. Both the former Pathology Department building and the former Water Reservoir are identified in the CMP as having high significance.  In relation to the Pathology Department building and the Water Reservoir, the CMP recommends retention and conservation, with an SECP is to be prepared and an archival recording prior to undertaking any works. In relation to the Pathology Department building, the CMP notes the need for urgent maintenance and the implementation of a maintenance strategy, in conjunction with the opportunity for residential use.  The plaque to the benefactors is to be conserved, preferably in situ.  In relation to the former Water Reservoir, the CMP notes the need for the implementation of a maintenance strategy, in conjunction with use for water or other storage, with its history interpreted as a remnant component of the Coast Hospital.

 

Consultation

 

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

 

Submission

 

The development application submission includes a Heritage Impact Statement and a Significant Element Conservation Policy prepared by Tanner and Associates.  The HIS concludes that the proposed development has an acceptable impact on consideration of the heritage related issues outlined in the CMP for the site and the SECP for Lot 14.  The HIA addresses impact in relation to Built and Landscape Heritage, but does not address Aboriginal Archaeology or Historical Archaeology, including whether further approvals are required under the NSW Heritage Act and National Parks and Wildlife Act.

 

The SECP includes Historical Background, Description and Analysis of Physical Fabric, Assessment of Heritage Significance, Grading of Significance, Conservation Policy and Conservation Procedures.

 

In terms of cultural significance the SECP considers the Mc.Ilrath building is of significance for its historic and aesthetic values in being one of the first purposed built medical research buildings completed in the major expansion of the hospital in the mid 1930s, and a good example of an lnterwar era institutional research facility.  The southern setting of the building contributes to the aesthetic value of the surrounding precinct.  In relation to the exterior and interior of the building, the SECP notes that it retains a high degree of integrity to the 1940 configuration.  The SECP considers that “a number of elements of the Mc.Ilrath building are assessed as demonstrating a ‘key element’ of the built element’s significance and have a high degree of original fabric”, including external form, symmetrical/asymmetrical design of the southern, eastern and northern facades, original pattern of window and door openings, and tiled hipped roofs externally; and south west entry lobbies and stair halls, wide east/west corridors and the Mc.Ilrath memorial tablet internally.  The SECP notes that in defining significance, of a number of elements of the setting of the buildings should be considered including the southern elevation of the Mc.Ilrath building which forms the northern backdrop of the Flowers Wards.

 

In terms of conservation policy, the conservation parameters for the Mc.Ilrath Building include the following:

·        A relatively conservative approach to adaptive reuse is required.

·        The building should retain its original/early form and appearance with minimal alteration, in particular the south and west elevations.  New balconies may be possible on the north elevation provided that they respect the pattern of existing openings.

·        It is preferable that as much as possible of the buildings original/early internal layout, including rooms leading from a long corridor, be retained.  However, modification and sympathetic opening-up is possible, provided that evidence of original wall locations is retained.

·        Changes to significant parts of the building should be reversible.

 

In terms of conservation policy, the conservation parameters for the former Water Reservoir include the following:

 

·        New openings in the structure should be minimised and preferably avoided while the existing doorway should be retained as the main entry to the structure

·        Changes to the structure should be reversible.

 

In relation to setting and views of the two existing structures, the SECP notes that their settings should continue to be defined by the physical and visual relationship with Pine Avenue and associated built and landscape elements within and around this precinct.  In relation to conservation of existing fabric, the SECP requires that the retention and conservation of the original/early form of the Mc.Ilrath Building and former Water Reservoir as defined by the symmetry and asymmetry of the elevations and roofline silhouettes.

 

Comments

At the informal pre-lodgement meeting concerns were raised that the simple T-shaped footprint and the blocky envelope of the existing building would be obscured by the proposed verandah and balcony elements, particularly to the northern elevation.  Concerns were also raised that the proposed changes to openings and verandah and balcony elements to the eastern elevation would detract from the characteristic symmetry of this important elevation.  Concerns were also raised that the proposed fairly blank elevation to addition to the western end of the building would be very prominent to visitors to the site. 

 

Concerns remained that proposal for the eastern elevation, including changes to existing openings and new balconies, significantly detracts from the symmetry and balance of this important elevation.  There are also remaining concerns in relation to the fairly blank appearance of the very visible western elevation and the degree of change to the very visible southern elevation, including changes to existing openings and provision of decks and privacy screens.  It was considered that these aspects of the proposal will detract from the integrity of a number of elements of the building which the SECP nominates as having significance.  A meeting was held to discuss these issues. 

 

In relation to the eastern elevation, it was suggested that a more symmetrical elevation could be achieved by redesign of proposed balconies.  It is noted however that the internal planning does not lend itself to such redesign.  It is further noted that a three dimensional representation of this corner of the building has been provided which indicates that development on the adjoining site will considerably reduce the visibility of the eastern elevation from Pine Avenue.

 

In relation to the western elevation, concerns have also been raised by the NSW Heritage Office, who have recommended the inclusion of a consent condition requiring design revision so that the western extension is contemporary but responds to the design, materials, colours and tones of the Mc.Ilrath building.

 

In relation to the southern elevation, concerns were raised by the NSW Heritage Office, that the proposed changes to this elevation relating to changes to existing openings and provision of new openings and to provision of dormer windows would be very visible from the Flowers Wards immediately to the south.  Amended drawings have now been received which decrease the extent of the proposed dormers, considerably reducing the impact on the existing roof form.  Amended drawings have also made design changes to proposed openings in the southern elevation which better retain the character of this elevation.

 

The NSW Heritage Office have provided a number of consent conditions relating to design revisions, further information, nominated heritage consultant, aboriginal archaeology, historical archaeology, conservation works, works, inductions, moveable heritage and interpretation and signage.  These conditions should be included in any consent.

 

The Heritage Office provided General Terms of Approval on 7 September 2005. Conditions proposed by the Heritage Office have been included in the Recommendation section of this report (see Conditions 1-19).

 

6.4     Urban Design Review Panel

 

The application was considered by Council’s Design Review Panel at its 6 June 2005 meeting. The following comments were made by the Panel with regard to the proposal:

 

1.       Relationship to the Context of the Proposal

 

The proposed development involves the conversion of the former pathology building to residential use. The context is in the process of significant change with the construction of new housing, including both detached housing and residential flat buildings in the immediate vicinity.

 

The building has more historical and associational value than aesthetic significance, however the building will retain its principal form and materials and will not change significantly in terms of context.

 

The Panel had previously raised the issue of the carparking and the relationship to the adjoining lots to the north;

 

-        The carparking currently extends under Lot 15 and this is not considered desirable in terms of the subdivision and issues relating to landscaping. It is considered that the carparking layout should be revised to have regard to the site boundaries.   The Panel recommends that parking under the new cottage to the north be investigated so that deep soil planting can be maximized and the carpark and the cottage structure are coordinated.

 

-        Car spaces 1 – 4 should preferably be reallocated as stack spaces, either under the cottage or into the unusable deep soil zone retained adjoining the existing building. This would make the car park considerably more efficient, and allow a large area of deep soil planting to be created.

 

2.       The Scale of the Proposal

 

The building will be extended slightly at the western end and will have new dormers added. These additions will have a minimal impact on the scale of the building. The building is two tall storeys and will have larger buildings in the immediate vicinity. The additions are necessary to increase the scale of the building, and better resolve the presentation to the altered context.

 

3.       The Built Form of the Proposal

 

The Panel considers that the extensions to the existing building are appropriately located. The addition is a simple and contemporary form and covers an end of the building that has had fabric demolished. The form and location of the dormers is appropriate. The detail resolution of the dormer windows is important.

 

4.       The Proposed Density

 

The density is in accordance with the approved Master Plan.

 

5.       Resource and Energy Use and Water Efficiency

 

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

 

Ceiling fans should be provided in bedrooms.

 

Window types to all rooms should be considered to accommodate different weather conditions, and allow future occupants a variety of ventilation options. The operation of windows is not indicated on the elevations, although the scale and composition of the windows will allow a number of options to satisfy this requirement.

 

Roof vents to assist in stack effect ventilation should be considered. Otherwise the attic spaces risk being uncomfortably hot.

 

Outdoor clothes drying areas should be provided.

 

6.       The Proposed Landscape

 

Concerns were raised by the Panel about the carparking layout and the depth of soil over the carpark to facilitate appropriate planting. (see previous report and above). The Panel recommends that the carparking layout be amended.

 

Planting to the north and north-east of the building must be a priority. This has the potential to reduce the impact of the driveway, and planting to the west has the potential to reduce the impact of the new wall and also to provide some western sun shading.

 

The berm planting proposed north of the building is a reasonable solution to creating soil depth over a basement. While always inferior to real deep soil planting, the proposed solution is reasonable in the location shown.

 

7.       The Amenity of the Proposal for its Users

 

The planning previously issues raised regarding unit 104 has been adequately addressed.

 

The Panel discussed the options of keeping the central corridor on the ground floor. The Panel also appreciates that the architect received heritage advice from the PHH design panel, and that that this advice has had a direct influence on the internal planning strategy adopted. Nonetheless, the decision to maintain the corridor on the ground floor in this area has resulted in units 105 and 106 having no direct sunlight. Units 101, 102, 105 and 106 are narrow and all could benefit from the area occupied by the retained corridor.

 

The units on the first floor all have an awkward circulation arrangement with entries crossing behind units 201,202 and 205. The result is a lesser level of amenity in terms of balanced light and cross ventilation to many of the living spaces than could have been otherwise achieved. A better strategy may have been individual access from outside to each lower floor from the south side and adjacent access to an upper level.  A series of external stairs added to the buildings on the south side may have made an interesting counterpoint to the new balconies on the other side. It is considered that the ground floor corridor should be investigated for the potential of additional natural lighting.

 

8.       The Safety and Security Characteristics of the Proposal

 

There needs to be adequate security for ground floor units fronting the public domain, without reducing natural ventilation opportunities.

 

9.       Social issues

 

The mix of units supported.

 

10.     The Aesthetics of the Proposal

 

The Panel believes that the articulation of primary and secondary facades is generally appropriate. The fine steel members and use of copper cladding of a number of the new elements are supported.

 

The Panel considers that the previous dormer design was more decisive, offering a clearer reading against the retained roof form. The altered design is slightly more bland by comparison.

 

Similarly the louvres in the north face of the addition (see montage) could be recessed to allow the sense of modelling and depth suggested by the plan.

 

The raised roof would ideally build upon the fine detail of the added balconies below and the internal breakup of apartments. The more independent and contemporary it appears the better from an aesthetic point of view.  This is particularly given the decision to use copper cladding. The elevations allude to this but the montage is too evenly treated. The southern raised roof would be better if it did not recess in the bathroom and robe zones so as to appear like a clear and consistent cut.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel recognizes the good design qualities of the application. The drawings submitted are extremely clear and complete.

 

The Panel is disappointed that a few issues raised (such as car parking, deep soil planting) in the earlier report have not been able to be better resolved. Nonetheless, the Panel believes that subject to the consideration of the above issues this proposal should progress to its subsequent stages.

 

The proposal exceeds the number of parking spaces required by the DCP - Parking. In order to achieve the required parking and increase deep soil landscaping in accordance with the Panel’s advice Condition 23 requires changes to the carpark layout.

 

In response to heritage advice, the dormer windows have been reduced further in size and will be more simple in form. This is also in accordance with the Panel’s advice regarding the dormers appearing as a “clear and consistent cut”.

 

The internal corridor at ground level is required to achieve internal access from the basement carpark to upper level units. The external stair solution suggested by the Panel was not supported on heritage grounds.

 

The proposal (subject to compliance with conditions of consent) is satisfactory with regard to SEPP 65.

 

6.5     NSW Heritage Office

 

The application is Integrated Development and requires referral to the NSW Heritage Act in accordance with section 91 of the EP&A Act. The existing McIlraith Building and water tank are listed on the State Heritage Register and area located within the Prince Henry conservation area which has been gazetted in the State Heritage Register. The Heritage Office has provided general terms of approval, which have been included in the Recommendation section of this report (see Conditions 1-19).

 

6.6     Roads and Traffic Authority

 

The RTA has provided advice to the applicant that the proposed increase in yield on the Prince Henry Hospital site as a whole will not have a significant impact on the adjacent classified road network.

 

6.7     NSW Police

 

The RTA advice noted above included a comment that the NSW Police had raised concerns regarding the ability of the internal road network to accommodate additional traffic impacts. As a result, the NSW Police have advised that these concerns related to the width of heritage roads within the site and not specifically to this development. All roads within the site are provided for by the approved master plan and were developed as a result of previous traffic studies. The roads providing access to Lots 14 and 26 are currently constructed and will provide adequate access to these lots.

 

7.       MASTER PLANNING REQUIREMENTS

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan for the redevelopment of sites having an area in excess of 4,000 square metres. A master plan is to be adopted and in force prior to the grant of development consent. Any subsequent development application must be consistent with the provisions of the adopted master plan.

 

On 27 May 2003, Council adopted an amended master plan for the former Prince Henry Hospital site, which the subject site is part of. The master plan was developed to facilitate the redevelopment of the hospital site for a mixture of residential, commercial and community based land uses while preserving the physical, cultural and built elements of conservation significance.

 

A thorough assessment of the development against the adopted master plan has been included in Section 8.1a) of this report.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

§  Randwick Local Environmental Plan 1998.

§  State Environmental Planning Policy No. 1 – Development Standards

§  Draft State Environmental Planning Policy – Application of Development Standards

§  State Environmental Planning Policy No. 55 – Remediation of Contaminated Land

§  State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Buildings

§  State Environmental Planning Policy No. 71 – Coastal Protection

§  State Environmental Planning Policy – State Significant Development

§  Environmental Planning and Assessment Act 1979 as amended.

§  Building Code of Australia.

§  Development Control Plan – Prince Henry Site

§  DCP – Parking

§  Section 94 Contributions Plan

§  Rainwater Tanks Policy

 

8.1     Local Environmental Plans

 

a)      Randwick Local Environmental Plan 1998

 

The site is zoned 2D 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:-

 

The site is zoned 2D (Residential D – Comprehensive Development Zone) under RLEP98 and the proposed activity (multi unit housing) is permissible with Council’s consent. The proposal is consistent with the objectives of the 2D zone which are generally to provide for residential development consistent with a master plan adopted under Clause 40A. The development is consistent with the Master Plan and the objectives of the 2D zone.

 

The following relevant clauses apply to the proposal:

 

Clause 30A     Development of Certain Land in Zone No 2D

 

Clause 30A of the Randwick LEP 1998 states that the controls applicable to land Zone 2D are identified in the supporting built form control maps applicable to the specific site (in this case the Prince Henry Site) which are as follows:

 

 

 

 

Control

Requirement

Proposed

Complies

30A(2)FSR

Retained heritage building limited to existing envelope

Building breaches existing roof plan and extends envelope to the western end of the existing building

No – SEPP 1 objection lodged

Number of Storeys

30A(4)Max. Wall Height

Max. Building Height

30A(3) Landscaped Area

 

These controls are reflected in the DCP and discussion has been included in Section 8.4a) of this report.

 

Clause 21       Subdivision

 

Clause 21 of RLEP98 requires Council’s consent for land subdivision. The application requires stratum subdivision of land at basement level to allow for construction of a portion of the carparking below Lot 26 (adjacent to the north of Lot 14). The applicant has provided a draft plan of subdivision for the current basement level, which is likely to be subject to design changes as a result of detailed geotechnical investigations and conditions of consent. The draft plan of subdivision has been reviewed and while the subdivision is unorthodox, it is legally possible and an appropriate solution to achieve basement parking on this site which is constrained by heritage requirements.

 

The northwestern boundary between lots 14 and 26 will be adjusted as part of the subdivision resulting in only a minor variance (maximum of 72m2) in the size of the lots.

 

Council’s Director, City Services has provided appropriate conditions for inclusion in any consent and these have been included in the Recommendation section of this report (see Condition 116-119).

 

Clause 30B     Traffic and transport measures for Zone No 2D

 

Clause 30B requires Council to consider relevant transport and traffic measures when considering applications on land zoned 2D. Council has requested additional information to ensure that the proposal does not result in traffic impacts significantly beyond what was envisaged during previous planning phases for the Prince Henry Hospital site. As discussed in Section 9.14, the applicant has demonstrated that the proposal will be adequately serviced in terms of traffic and transport and no further measures are required.

 

Clause 40       Excavation and Filling of Land

 

The proposal requires excavation to the northern portion of the site of up to approximately 4 metres in depth. Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land.  The proposal will require some earthworks to be undertaken to construct the buildings and basement car parking areas. 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 and heritage quality of the site and locality. The proposal is acceptable in relation to the provisions of Clause 40.

 

Clause 40A     Master plans

 

The Master Plan for the subject site was adopted in December 2001 subject to a number of matters being addressed in a revised Master Plan and subsequent development applications for the subject site. A revised Master Plan consistent with the required amendments was adopted by Council on 27 May 2003. The Master Plan acknowledged the adaptive reuse of the subject site for residential purposes and indicated the following provisions for the site:

 

 

Control

Requirement

Proposed

Complies

Number of Storeys

2

3 (top storey is attic level)

No

Number of Apartments

10 total

13 total

No

        1 Bed

2

3

No

        2 Bed

6

6

Yes

        3 bed

2

4

No

Basement Parking

14

19

Yes

At Ground Parking

1 accessible space

3 spaces

Yes

Footprint

649m2 (existing footprint to be retained)

688m2

No

Gross Floor Area

1,298 m2

1,573 m2

No

Height

No change to existing

No change to maximum ridge height or wall height – addition of dormers to roof plane only

Yes

 

The Master Plan clearly notes that:

 

Minor variation can be anticipated in the mix, number and area of dwellings and associated car parking.

 

Proposed building footprints are indicative.

 

The proposal’s departures from the Master Plan are the result of detailed design working within the heritage constraints of the existing McIlraith Building whereas the Master Plan is based on indicative/conceptual building footprints such that the Master Plan states that variation can be anticipated in the mix, number and area of buildings and associated carparking in future development applications.

 

The number of units proposed has been increased by 1 x1 bedroom and 2 x 3 bedroom units from the Master Plan suggestion of 10 units. This increase can be accommodated while fulfilling the objectives for heritage, adaptive re-use and parking requirements and therefore the proposal is not considered an overdevelopment of the site. The parking provided to the development has been increased by 9 spaces over that considered adequate in the Master Plan to ensure no additional parking impact results from the increase. It is considered that despite the departures, the objectives of the master plan in relation to height, bulk, scale and heritage are met by the proposal.

 

The development is satisfactory with regard to the approved master plan for the site and clause 40A of RLEP98.

 

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

 

Clause 43 of RLEP98 relates to heritage items and heritage conservation areas.  The subject site lies within the Prince Henry Site which is located within a conservation area and which has been gazetted in the State Heritage Register. The site also contains buildings recognised for their heritage values. A Heritage Impact Statement and Specific Elements Conservation Plan (SECP) has been prepared and lodged with the application in accordance with the requirements of the DCP. These documents have been assessed by Council’s Heritage Planner. In addition, General Terms of Approval have been issued by the Heritage Council of NSW for the proposal as the application constitutes Integrated Development.

 

8.2     State Environmental Planning Policies

 

a)      State Environmental Planning Policy No. 1

 

An objection under SEPP 1 has been lodged with regard to the non-compliance with the building envelope development standards as set by clause 30A of RLEP 98. The breaches to the existing building envelope and footprint of the former Pathology building are as follows:

 

·        proposed two storey extension at the western end of the building ranging in width from 3100mm at its southern end to 3780mm at the northern end.  This translates to an additional GFA of 75sqm;

·        reduced landscaped area envisaged in the LEP as a result of the new western extension

·        dormer windows installed on the northern and southern sides of the roof, creating an additional habitable floor in the building and resulting in additional GFA of approximately 181sqm;

·        linking element (ground floor only) between the former Pathology building proper and the former Water Reservoir (Unit No. 104), which results in an additional 3sqm of GFA; and

·        roof addition to the former Water Reservoir, which marginally increases the height of the item.

 

Lot 14 has a site area of 2,372sqm.  The remaining part of the existing building has a gross floor area (GFA) of 1,314sqm which translates to an FSR of 0.55:1. The proposed development has a GFA of 1,573sqm and an FSR of 0.66:1. The applicant has submitted an objection under SEPP 1 which argues that compliance with the building envelope standards is unreasonable and unnecessary for the following reasons:

 

·        The primary reason the envelope of the existing building has been exceeded is to create contemporary, high quality apartments and spaces within a sustainable building that is re-invigorated by its new use.

·        The western end of the former Pathology building has been demolished.  This was a later addition (circa 1976) to the original building which dates from the 1930’s.  In order to “complete” the building and create workable floor plans for the two apartments at the western end of the building, it was necessary to make a minor addition to the building at this location.

·        The installation of two dormer window structures on the northern and southern sides of the roof enables the creation of an additional habitable floor.  However the new dormer windows have been designed to sit within the existing roof planes, allowing the form of the existing roof (hips, ridges and eaves) to be visible.

·        The additional 3sqm of floor area proposed as part of Unit 104 is required to connect the main part of the building to the bedroom proposed to be located in the former Water Reservoir.

·        The minor increase in height to the former Water Reservoir is the result of the need to create sufficient floor to ceiling heights to facilitate its use as habitable space.

·        The proposed non-compliances do not result in any inconsistencies with the objectives of either the 2D Zone in which the site is located or the general objectives for the built and natural environment and amenity, or indeed, the objectives of the building envelope development standard;

·        The height of the existing building (12 metres to the ridge) is not increased in this proposal.

·        The new external elements remain lower than the eaves/gutter line of the existing building;

·        The new dormer windows have been designed to sit within the existing roof planes allowing the form of the existing roof (hips, ridges and eaves) to be visible;

·        The scale of the new elements is subservient to the bulk and scale of the existing building;

·        The design of the adaptation respects the cultural heritage and the architectural qualities of the existing building and its setting whilst ensuring the amenity of the new apartments;

·        The new external elements, including terraces, balconies, dormer windows and the western addition have been designed to be distinguishable as new, contemporary elements. Their architectural detailing allows for the legibility of the envelope, volume, scale, massing and features of the existing building;

·        The extent of the non-compliance is relatively minor and does not result in any substantive adverse environmental impacts;

·        The proposal will provide a high quality contemporary design than is sympathetic to the desired future character of the area; and

·        The scale and nature of the non-compliances addressed in this SEPP 1 Objection do not give rise to matters of state or regional significance, nor do the non-compliances adversely affect the public interest.

 

The breaches of the building envelope are considered to be minor in terms of their impact on the heritage status of the existing building and the appearance of the dominant forms of the existing McIlraith Building and associated former water reservoir. As noted by the applicant, the new works are distinguishable from the existing heritage item and the new work is required to provide for residential use of the site which will ensure ongoing retention of the building via adaptive re-use. The western extension of the building replaces a much larger addition which previously existed at the western end of the building and the impact of this element in the streetscape and on landscaping provision is much less than if the previous western addition were retained. The dormer windows on the southern elevation have been amended on several occasions to satisfy heritage concerns.

 

The objectives of the building envelope standards within the LEP will be achieved despite the breaches of the building envelope described above. The SEPP 1 objection can be supported.

 

b)      SEPP 55 – Remediation of Contaminated Land

 

This provides a state wide practice for the remediation of contaminated land. Sections of the former Prince Henry Hospital site are currently being remediated in accordance with SEPP No. 55 and the Contaminated Land Management Act. The applicant has advised that the subject site will be fully remediated as part of site-wide works prior to the commencement of construction. Council’s Environmental Health Officer has advised appropriate measures have been taken regarding remediation of this site.

 

c)       SEPP 65 – Design Quality of Residential Flat Buildings

 

The development is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. An assessment of the proposal in accordance with the ten design quality principles has been undertaken by Council’s Design Review Panel. As a result of reviewing the development at its June 2005 meeting, the Panel were satisfied that the proposal generally met the standards of SEPP 65 and were confident that the building designer could resolve the outstanding issues in conjunction with the assessing officer. Comments made by the Panel are reproduced in section 6.4. Comments are also included in this section as to how the development achieves the requirements of SEPP 65 and accompanying Residential Flat Design Code. Appropriate conditions have been included in the Recommendation (see Conditions 23 and 24) to ensure the proposal is satisfactory with regard to SEPP 65.

 

d)      SEPP 71 – Coastal Protection

 

This SEPP provides for appropriate and suitably located development within the coastal zone of NSW through legislation of the NSW Coastal Policy. Currently, the policy does not specifically apply to the Prince Henry Site.

 

e)      SEPP – State Significant Development

 

This SEPP consolidates previous provisions for State Significant Development and requires that the Minister is the consent authority for such development. The site is not listed in the Schedules attached to the SEPP as being of state significance. In addition, the SEPP does not apply to applications lodged prior to May 25, 2005. No further consideration of the SEPP is required.

 

8.3     Draft State Environmental Planning Policies

 

a)      Draft SEPP (Application of Development Standards)

 

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

 

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

 

The additional objectives proposed under Draft SEPP 1 include whether the proposal will result in a better environmental outcome than a complying development, design quality and whether the development meets the objectives of the standards. The proposed development is considered appropriate and consistent with the draft SEPP for development standards in respect to the non-compliance with the building envelope standards.

 

A complying development may not allow for residential adaptive re-use of the McIlraith building and associated former water reservoir as a satisfactory level of residential amenity to some rooms would not be achieved without breaching the existing envelope. The proposal is considered to result in the same or a better environmental outcome than a complying development and is considered to be of good design quality. The development is satisfactory with regard to Draft SEPP 1. A thorough assessment of the proposal against the existing provisions of SEPP No. 1 and against Council’s statutory controls and objectives has been made in Section 8 of this report.

 

8.4     Policy Controls

a)      Prince Henry Site Development Control Plan

 

The subject site is located within the Historic Precinct of the DCP and compliance with the controls applicable in this Precinct is shown in the table below:

 

 

 

 

Control

Requirement

Proposed

Complies

Density/ Height/ Landscaping

As per the Built Form Control Table1

Envelope generally retained but breached at roof plane and to western end of building SECP indicates this is acceptable

Yes

New Development

In accordance with the policies in the Conservation Management Plan and Specific Elements Conservation Policies

SECP has been prepared and works are in accordance with this document

Yes

Landscaping

To complement and not compete with Pine Ave plantings

Landscape scheme requires amendment to ensure Pine Avenue plantings remain dominant and open setting retained. (Heritage Office GTAs)

No2

 

Open character to be retained

No2

Alignment to heritage buildings

Alignment to match heritage buildings as per Figure 18

McIlraith Building determines setbacks, no requirements on this site

N/A

Parking

Where surface parking is provided, it is not to detract from setting of significant buildings

Three parking spaces to the northwest are open and will not detract from the setting of the buildings on the site.

Yes

1 The DCP Built Form Control table indicates existing heritage buildings are limited to existing envelope subject to Specific Element Conservation Policy (SECP) for each building.

2 Conditions of consent recommended to ensure compliance

 

The DCP also contains a range of performance criteria for five key elements of the DCP namely site context, sub-division and amalgamation, building and site design, sustainable design, and facilities and access. The relevant performance criteria relating to multi-unit housing are assessed in Section 9, below where any inconsistencies between the proposal and these performance criteria are discussed accordingly.

 

b)      Development Control Plan – Parking

 

The development requires the following provision:

 

Control

Requirement

Proposed

Complies

Resident Parking

19 spaces

22 spaces

Yes

1 bedroom

1 space per unit (3 spaces)

3

Yes

2 bedroom

1.2 spaces per unit (7.2 spaces)

8

Yes

3 bedroom

1.5 spaces per unit (6 spaces)

8

Yes

Visitor Parking

 

 

 

 

1 space per 4 dwellings

(3 spaces)

3 spaces

Yes

Car Wash Bays

1 per 10 dwellings (1)

3 spaces

Yes

Accessible

1 per 15 dwellings (0)

0 spaces

N/A

Bicycle

1 space per 10 car spaces (2 spaces)

3 spaces

Yes

 

The development provides parking in excess of the requirements of the DCP – Parking. The applicant has proposed the three outdoor spaces as carwash bays. This is unacceptable due to the potential for contamination of the groundwater and requirements that carwash bays be covered. As such, Condition 23 requires that a carwash bay be provided in the basement.

 

8.5     Council Policies

a.       Section 94 Contributions Plan

 

Section 16.5 of the approved master plan indicates that a Community Plan and Open Space Strategy have been prepared for the site and these documents form the basis of a Developer Agreement. Section 4 of the Deed of Agreement signed by Randwick City Council and Landcom on 4 March 2005 provides that in lieu of monetary contributions  community facilities, and public open space works are to be provided on the site by Landcom and dedicated to Council.  Condition 43 of the recommendation requires that the works take place in accordance with the Developer Agreement.

 

b.       Rainwater Tanks Policy, 2003

 

Council’s Rainwater Tanks Policy requires installation of rainwater tanks for all residential development. The Master Plan also recommends collection of roof water for irrigation and the DCP requires compliance with the Rainwater Tanks Policy. In accordance with the DCP, the applicant has provided a Sustainability Report which indicates greywater reuse and water conservation measures but does not include rainwater collection. Council’s Strategic Planning Section has advised that due to site wide arrangements for stormwater collection and reuse, the requirements for rainwater tanks should not be imposed on developments for multi unit housing. As such, installation of a rainwater tank is not required. Standard conditions regarding the reuse of greywater have been imposed (see Condition 40-42).

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Height

 

The proposal does not comply with the building envelope for the site as set by the Precinct Controls in the DCP (that is retention of the existing building envelope). The development provides three storeys, not 2 as required by the DCP. The third storey has been located within the existing roof space to minimise its heritage impact. The applicant has reduced the dormers in height and extent on the southern side of the building to try and minimise their heritage impact and address concerns raised by the Design Review Panel and Heritage Office. The dormers are now considered to have a satisfactory impact on the overall appearance and heritage value of the McIlraith building. It should be noted that the dormers do not increase the height of the eaves of the main roof form and do not interrupt the existing ridge line of the McIlraith building. The applicant has submitted a SEPP 1 objection in relation to the breaches of the building envelope and this objection can be supported as discussed in Section 8.2a) of this report.

 

The applicant has indicated that the floor to ceiling height of the development is 3.4 metres to the ground and first floor and 2.7m and 2.1-2.7 metres on the northern and southern sides of the attic level, respectively. These ceiling heights generally comply with the DCP requirement of 2.7 metres, with the exception of the southern dormers. The reduction in ceiling height has been specifically requested by the Heritage Office to minimise the height of the dormer and minimise the visual impact of this element on the overall appearance of the McIlraith building. Due to minimal amenity impact and the heritage value of the reduced ceiling height this modification has been supported by Council and is included on the amended plans. The floor to ceiling heights provided will provide adequate amenity to the dwellings.

 

The retention of the existing building has minimised the impact of the development in terms of overshadowing and bulk and scale. The retention of the existing structure (albeit with alterations and additions) also ensures that the development is consistent with surrounding developments as envisaged by the master planning and DCP preparation process.

 

The development is satisfactory with regard to building height.

 

9.2     Density

 

The built form control map in the DCP requires that the existing building envelope be retained on Lot 14, subject to the SECP for each building. The SECP for this site has indicated that there is some scope for alterations and additions to the McIlraith building and water reservoir. The modifications proposed and breaches of the building envelope are generally consistent with the provisions of the SECP and therefore are consistent with the DCP requirements. The SECP indicated that openings on the southern side of the roof should not be made, but also noted that the requirements of yield and limited scope for major additions may require a southern roof opening. The proposal includes southern dormer windows which have been reduced in height and extent to minimise their appearance and intrusion on the overall form of the building. The dormer windows have been reduced to minimal internal ceiling heights and this is considered satisfactory from a heritage point of view. The development achieves a high degree of compliance with the DCP requirements despite the increase in the number of dwellings envisaged in the master plan from 10 to 13. The high degree of compliance indicates that the increase in dwelling numbers does not represent overdevelopment of the site.

 

The applicant has provided additional information regarding the traffic generation of the development that has indicated minimal increases, in terms of this site and cumulatively across the whole master plan site. The increased density in number of units can be accommodated on the site without substantial impacts on the local area in terms of services and facilities.

 

The density on the site will achieve the built form objectives for the site. The units provided in addition to the density envisaged under the master plan will not result in significant additional impacts on the locality.

 

The proposal is satisfactory with regard to density.

 

9.3     Setbacks

 

There are no setback controls provided for the subject site as the DCP envisages retention of the existing building on the site. The existing building is setback 1-11, 4-12 and 6-14 metres from the eastern, northern and southern boundaries of Lot 14, respectively. These setbacks are adequate to ensure that future development is adequately separated from the subject site to maintain visual privacy between dwellings and the street. The building is setback 2 metres from the Jenner Street frontage. The DCP does not envisage any extension to the west of the existing building on the site, however this portion of the development and its proximity to the Jenner Street frontage will not affect setback points for new development to the east and west of the subject site, nor will it have a significant impact on the views and vistas proposed in this area of the Prince Henry site.

 

The proposal is satisfactory with regard to setbacks.

 

9.4     Articulation

 

The development provides adequate articulation to all facades. Concerns raised by Council officers at prelodgement stage regarding the bulk and scale of the western addition have partially been resolved through the incorporation of fenestration and jointing patterns. Further development of this façade is required by Condition 2a). Concerns raised by the Heritage Office regarding the removal of the existing fenestration pattern to the southern elevation and addition of elements which detract from the architecture of the building (fences, pergolas and planting) have been addressed through reduction in the number of new openings/ elements to this façade and Condition 2c).

 

Balconies proposed to the northern elevation will break up the scale of the existing building and give it a more residential character (in contrast to the previous institutional use of the building). The southern façade (to Pine Avenue) is the primary elevation and therefore the provision of balconies to the northern elevation is considered acceptable from a heritage perspective. The location of balconies on the northern elevation will also provide solar access benefits to the new dwellings.

 

The proposal is satisfactory with regard to articulation.

 

9.5     Landscaped Area and Private Open Space

 

The development does not comply with the landscaped area requirements under RLEP98, which requires that the landscaped area of the site remains as per the existing situation. The non-compliance is due to the additional area proposed to the west of the existing building and has been discussed as part of the SEPP 1 objection (see Section 8.2a). Despite the decrease in open space on the site, the proposal achieves the DCP requirements for open space to apartments under the DCP, providing a balcony/ courtyard of sufficient size (over 12m2) to every apartment. Open space has been located on the northern side of the building wherever possible to maximise the amenity of the dwellings. The proposal has achieved a high degree of open space to the dwellings while minimising changes to the significant elevations, consistent with the Specific Elements Conservation Policy (SECP) for the site.

 

The proposed indicative landscape treatment utilises generally native coastal species including some species listed in Appendix A of the DCP. The garden plantings indicated on the landscape plan include many European species. Condition 121 requires that garden plantings be non-invasive species to ensure the DCP requirements are met. Previously a Date Palm noted in the Master Plan of being of high landscape significance existed on the northern portion of the Lot 14. This tree was removed as part of the remediation works on the site. Condition 24 requires planting of at least one tree to the north of the site in the deep soil zone created by changes to the basement area (see Condition 23) to ensure that some tree canopy is provided on the northern portion of site without disrupting the generally open landscape character of the building’s setting.

 

Council’s Landscape technician has provided comments in relation to the development. Conditions suggested by the landscape technician have been included in the recommendation section of this report (see Conditions 120-129).

 

The Heritage Office has raised concern regarding the potential for plantings to the south of the site to impact on the heritage value of Pine Avenue. This will be resolved via condition 2c) of the recommendation.

 

The proposal (subject to compliance with conditions of consent) is satisfactory with regard to landscaping.

 

9.6     Solar Access

 

The DCP requires that new dwellings must achieve 3 hours of solar access 9am to 3pm midwinter and that solar access to at least 50% of the communal and private open space of adjoining properties must be achieved for at least 3 hours 9am to 3pm midwinter. The DCP also provides that residential re-use of existing heritage buildings should demonstrate that a reasonable level of solar access is provided where it cannot meet the minimum requirements set by the DCP.

 

The development achieves good solar access to all units with the exception of units 104-106 and 207. 70% of the dwellings are north facing or have some northerly aspect. Unit 207 will achieve some solar access from the eastern and western aspects. Unit 104 will achieve eastern sunlight for approximately 2 hours during midwinter mornings. Units 105 and 106 are south facing and will not achieve solar access midwinter. While the lack of solar access to these units is contrary to current amenity standards contained within SEPP 65, the DCP provides allowance for adaptive re-use of heritage buildings. Due to the layout of the existing building and the circulation requirements for the basement parking, greater concentration of dwellings on the northern side of the building is not possible. The non-compliance with solar access provisions is considered to be a direct result of the orientation of the existing building and its retention on heritage grounds. The development achieves a NatHERs rating of 3.5-5 stars with over 50% of the units achieving 4.5 or more stars.

 

The elevations have been treated to modulate solar access by the use of sunshading devices, articulation and overhangs to the western and northern facades. Existing glazing has been retained due to the heritage status of the existing building with shading structures being introduced to minimise heat gain in summer.

North facing solar panels have not been located on the roof of the development due to heritage concerns. In order to achieve the requirements of the DCP the sustainable building report indicates that 21 solar panels will be provided to another building within the Prince Henry site. This has been reinforced via condition of consent (Condition 35).

 

The north facing courtyards and balconies of the building will receive solar access to a majority of their area all day midwinter. The east facing courtyards will achieve high levels of solar access until approximately 12 noon midwinter. These external areas comply with the DCP requirements for 3 hours per day. The south facing deck and courtyard spaces to units 105 and 106 will be overshadowed substantially throughout the day midwinter. The overshadowing is a result of the existing building and its orientation. The development achieves a high level of compliance with the requirements of the DCP and therefore the overshadowing to these southern courtyards is considered reasonable and not the result of overdevelopment.

 

The overshadowing diagrams indicate the shadow from the building will largely fall within the subject site with some additional shadowing to the adjoining site to the east during midwinter afternoons. The additional shadow will not significantly affect the redevelopment potential of this land, nor any remnant bushland in accordance with the DCP requirements.

 

The proposal is satisfactory with regard to solar access and energy efficiency.

 

9.7     Privacy

 

The privacy controls within section 4.13 of the DCP provide that windows to habitable rooms are to be treated to maintain privacy where a separation distance of 12 metres or less is provided. Windows and balconies with a direct view of the private open space of a dwelling below are to be screened to ensure no more than 50% of the private open space of the lower level dwelling is overlooked.

 

The retention of the existing building envelope and fenestration pattern to achieve heritage objectives has required that the applicant address privacy concerns by planning the apartments to minimise overlooking. This has been achieved by predominant orientation of units eastwards and northwards to minimise potential for overlooking. Privacy screens have been provided to separate balconies of separate occupancies on first floor level and between private open space at ground floor level.

 

Sunshades on the western elevation prevent direct overlooking of northern private open spaces from the upper levels of the eastern wing of the building. Likewise, sunshading and pergola structures prevent the overlooking of ground level private open space from the top floor (attic) rooms. The balcony location on the northern elevation at first floor level does not allow for significant overlooking of the private open space of units below with approximately 50% of the courtyard spaces being visible from the balconies. This complies with the requirements of the DCP.

 

The proposal is satisfactory with regard to visual and acoustic privacy.

 

9.8     Roof Design

 

The existing roof over the eastern wing of the McIlraith Building will be retained. The northern and southern planes of the roof over the original (east-west) wing of the McIlraith Building will be retained but interrupted by dormers with a low pitch. The ridge line will not be affected by the dormers and a flat roof with parapet to the western addition to ensure the profile of the building when viewed from the west is maintained. A new low profile metal clad roof will be constructed over the former water reservoir with clerestory glazing above the walls. This is consistent with the previously utilitarian purpose of the building and the simple forms which exist on the site.

 

The roof design is satisfactory with regard to the DCP.

 

9.9     Fences

 

The DCP requires that fencing to the Pine Avenue and Jenner Street frontages of the site, does not compromise the heritage qualities of the site or the open character of the landscaping to the site Fencing is to be integrated with the building through materials choice and compatible detailing and that landscaping should be incorporated where appropriate. Multi unit housing may use fencing with a maximum height of 1.5 metres to delineate communal and private open space at ground level.

 

Rendered masonry walls 700mm-1.2m high are shown between the private open space of units on the northern side of the development. Towards the deck areas glazed privacy screens are incorporated to prevent overlooking between dwellings. These screens have a height of 2.1 metres measured from ground level within the site and 2.6 metres measured from street level. As the screens are short in length and well set back from the alignment of Jenner Street they will not compromise the open setting of the existing building. The use of glazing as the privacy treatment clearly delineates the screens as new elements and will be easier to maintain than timber or more traditional materials in the coastal environment.

 

The plans indicate that walls up to 1.2 metres high flank the southern edge of the driveway. These walls extend to the Jenner Street alignment and interrupt the open character of the road reserve and setting of the building. While it is recognised that definition and balustrading is required between the basement egress route and the driveway entry to the site, the extension of these walls beyond the western building line (where proposed planters will present 1 metre high walls to the street) is unnecessary. Condition 21 requires that the grassed area adjacent the footpath remain open along the western boundary of the site and that the carpark egress walls be terminated so that there is 2 metres of open grassed verge between the egress passage and the western street alignment of the site.

 

On the southern side of the building similar treatments are proposed. Concern has been raised regarding the cumulative impact of these elements has on the open nature of the site and setting of the heritage item which has a very simple rectilinear form. The applicant has argued that these elements are required to provide adequate amenity to the new dwellings. Pergolas, glazed privacy screens and open style fencing 1.2m high with landscaped hedges are proposed. A 1.2m high and 5.2 metre long mail and signage wall is proposed parallel to Jenner Street adjacent to the main western entry to the building. The southern setting of the McIlraith building has the most historical value, is the most prominent frontage and has an impact on the setting of the significant Flowers Wards which are across Pine Avenue to the south of the site. Due to its significance the number of additions to this elevation is to be reduced and walls reduced in height and length wherever possible. These changes have been incorporated into the Heritage Office conditions in the Recommendation section of this report (see Condition 2b)

 

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

 

9.10   Safety and Security

 

A brief Crime Risk Assessment has been included in the Statement of Environmental Effects, despite the proposal providing less than 20 self-contained dwellings. The assessment includes provisions such as casual surveillance and control of access to the building and basement parking via intercom system. Low landscaping consistent with the open nature of the site and heritage value will delineate the public domain from the private open space around the development without reliance on fencing which could detract from the heritage value and open character of the site.

 

The design has considered the safety and security of residents and visitors and provides for controlled access and casual surveillance. The provision of windows to all street frontages and balconies to the northern elevation increases security by providing causal surveillance.

 

The development is satisfactory with regard to safety and security.

 

9.11   Materials and Finishes

 

The majority of the existing building fabric of the heritage building will be retained by the development. Additions will be clearly delineated from the existing building in form and materials consistent with current heritage best practice. The dormer windows will be treated in dark colours similar to the existing roof form. Metal sunshades and balconies to the northern elevation will provide human scale and provide a residential character to the development.

 

The Heritage Office has raised concerns regarding the copper cladding and form of the western addition to the building. Redesign of this element to the satisfaction of the Heritage Office has been included (see Condition 2a).

9.12   Sustainable Design

 

The DCP includes objectives and performance criteria for sustainable design and requires that a Sustainable Building Report is provided for adaptive reuse of Heritage buildings and structures. The applicant has submitted a Sustainable Building Report and has made some commitments to achieving energy and water efficiency within the functional requirements of the development and heritage constraints.

 

The sustainability report indicates that the development is likely to result in an average reduction in energy use of 25% compared to the average for this type of development with a reduction in energy used for lighting of 60%. The report indicates an average reduction in water use of 48-66%, where stormwater is not reused and is reused, respectively. No details have been provided of stormwater reuse, with the applicant arguing that the site wide water strategy will be using all stormwater. The site wide strategy is in place for multi unit housing developments and removes the need for a rainwater tank to service this development individually.

 

The DCP also includes provisions for multi unit and mixed use development. Seven of the proposed dwellings comply with the DCP’s requirement for a NatHERs rating of 4.5 stars or above. Four of the dwellings achieve 4 stars and two achieve 3.5 stars. The proposal achieves an area weighted NatHERs rating of 4.5 stars to all dwellings. This complies with the DCP requirements. The applicant has demonstrated general compliance with the requirements of the DCP in terms of operable windows, lighting and energy efficiency and use of solar power.

 

A waste management plan has been submitted as per the requirements of the DCP.

 

The proposal is satisfactory with regard to Sustainable Design criteria for both heritage buildings and multi unit housing development.

 

9.13   Facilities and Access

 

The performance criteria for facilities and access include requirements for pedestrian and cycle access, barrier free access and vehicular access and parking, storage and driveway design. The development provides for pedestrian access from the main entry to the building (an important heritage feature) from Pine Avenue and from the new basement parking to the site via the subfloor of the existing building. Vehicular access from Jenner Street will be provided as per the Master Plan and DCP requirements. A transport access guide has been included in the education package for the site detailing available public transport to and from the site in accordance with DCP requirements. Bicycle parking has been provided in accordance with DCP requirements.

 

The size of development does not require any adaptable units be provided nor any accessible parking be provided.

 

The location of the driveway off Jenner Street complies with Council’s requirements for minimising pedestrian and amenity conflicts. The driveway and at ground parking occupies approximately 12 metres and complies with the requirement that parking structures do not occupy more than 35% of the site frontage. The driveway is 6 metres wide at the property boundary and while this exceeds the control in the DCP, it is considered acceptable given the size of the development proposed. The gradient of the driveway is 1:5 to 1:8 and complies with the requirements of the Australian Standard. The driveway design is satisfactory.

 

The development provides 8 storage areas in the basement area for use of units as well as bulky storage at the rear of 13 of the basement parking spaces. Internal storage in the form of wardrobes and built-in storage is also shown within the dwellings themselves. The applicant has advised that storage is to be finalised prior to construction and to ensure the development meets the DCP requirements, Condition 25 has been included in the Recommendation.

 

Conditions requiring adequate utilities to be provided to the development have been included in the Recommendation, where these have not been expressly shown on the plans (see Conditions 97-101).

 

The proposal is satisfactory with regard to the Facilities and Access provisions of the DCP.

 

9.14   Parking and Traffic

 

The development provides parking in excess of that required under the approved master plan. The proposal also provides parking in excess of the requirements of the DCP – Parking. The over supply of carparking spaces (3 additional residential spaces) has compromised the amount of deep soil landscaping that can be provided to the northern area of Lot 14. The northern area of the Lot 14 can accommodate increased planting where the southern portion of the site should remain open to highlight the significant Norfolk Island Pine plantings along Pine Avenue. Council’s Design Review Panel has raised this issue on several occasions with the applicant. The increase in parking (above that required for the increased density on the site) results in reduced deep soil landscaping provision on the site. This is contrary to Council’s requirements for sustainable development in terms of encouraging sustainable transport modes, improved stormwater infiltration and providing landscaped outlook to the street and new residential development.

 

In order to maximise consolidated deep soil areas in the vicinity of Lot 14 the number of parking spaces is to be reduced to 17 by the deletion of 2 adjacent spaces from the basement. This will allow for greater areas of deep soil planting to the site and surrounds and has been included as a condition of consent (see Conditions 23 and 24). Ideally spaces 1 and 2 would be removed as this would allow removal of the driveway to these spaces, further increasing deep soil area, however these spaces are located to the rear of the site and are unlikely to give much amenity benefit in terms of planting. Deletion of spaces 12 and 13 would provide greater streetscape and residential amenity but result in a smaller consolidated deep soil area. The applicant has advised that the design of the basement is subject to further geotechnical investigation and may change in layout. To ensure the condition is achievable the wording has been left open as to which spaces will be deleted.

 

Three open air spaces are to be provided at ground to the northwest corner of Lot 14. These spaces are to be for visitor parking. Given that they are open and uncovered this will not have a detrimental impact on the appearance of the site (subject to increased landscaping being provided as per Condition 24). The three open air spaces will be accessed from the artisan’s cottages service road. While this is not an ideal situation, access will be arranged to the site via legal agreement between the two sites (both currently owned by Landcom) and such agreement is a legal matter for the adjoining owners outside the scope of Council’s control.

 

Council raised concern that several recent applications for the Prince Henry site made increases to the density and intensity of development envisaged by the Master Plan. The cumulative impact of these increases on traffic generation have been addressed by the applicant.

 

The applicant proposes 3 additional units (an additional one bedroom unit and two extra three bedroom units) over the master plan provision. To address the likely impact of this increase the applicant has provided details for the projected 22% increase in the number of dwellings across the site.

 

The additional 3 units proposed on the subject site result in an additional 16.5 daily vehicle trips (a total of 65) and an additional 1.7 peak trips per day (a total of approximately 7). The cumulative impact of the likely 22% increase in number of dwellings on the wider Prince Henry site is to reduce the level of service at Pine Avenue/ Anzac Parade intersection from an A level of service to a B level of service. The RTA Guide describes Level of Service B as being “good with acceptable delays and spare capacity”. Therefore, the increased dwelling yield on the subject site can be accommodated and will not result in an unreasonable cumulative increase in traffic from the site as a whole.

 

The proposal is satisfactory with regard to traffic and parking.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

It is considered that the proposed development is appropriate on the site given the desired future character of the area, the objectives and standards contained within the RLEP98, the Prince Henry Hospital Site DCP and the approved master plan for the site. The non-compliance of the development with the built form criteria under clause 30A of RLEP98 has been justified by a SEPP 1 objection and is considered to be appropriate in the circumstances of the case.

 

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

 

 

 

RECOMMENDATION:

 

A.      THAT Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 30D of the Randwick Local Environmental Plan 1998 (as amended), relating to building envelope, on the grounds that the proposed development is consistent with the objective of the clause and will not adversely affect the amenity of the surrounding locality and that the Department of Infrastructure Planning & Natural Resources be advised accordingly.

 

AND

 

B.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/331/2005 for Alterations and additions to existing heritage items on the site and adaptive reuse for residential purposes (13 units), basement parking for 19 cars and at ground parking for 3 cars, stratum land subdivision to incorporate part of Lot 26 at basement level only, and boundary adjustment at 10-40 Pine Avenue, Little Bay and Lot 26 in DP 270427 subject to the following conditions:-

 

Heritage Office Conditions

 

1.       The development is to be in accordance with the following documents:

 

a)       Drawings: AR.DA.00/A, AR.DA.01/B, AR.DA.03/A, AR.DA.04/B, AR.DA.05/B, AR.DA.06/B, AR.DA.07/A, AR.DA.08/B, AR.DA.09/B AND AR.DA.11/A; LA.DA.00 revision 0 dated 29 April, 2005 prepared by PSB.

b)      Statement of Environmental Effects (SEE) prepared by Helen Mulcahy Urban Planning Pty Ltd dated April 2005;

c)       Heritage Impact Statement (HIS) dated April 2005, prepared by Tanner Architects; and

d)      Specific Element Conservation Policy (SECP) Lot 14 Prince Henry Site dated April 2005, prepared by Tanner Architects

e)       Landmark Features Group and Former Water Reservoir Specific Element Conservation Policy (SECP) dated November 2004, prepared by Godden Mackay Logan;

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

g)       Bushland Management Plan, dated November 2004 prepared by Manidis Roberts.

 

Design Revisions

 

2.       The following revisions are to be submitted to the Director of the Heritage Office and approved prior to the release of the construction certificate:

 

a)       The design of the proposed western extension to ensure that the element is not only contemporary but responds more to the design, materials, colours and tone of the McIlrath building;

b)      The design of the western entry path (and letterboxes) to interpret the earlier path and beds removed as a result of the recent remediation works and the letterboxes are to be positioned and designed to be as unobtrusive as possible; and

c)       The design and layout of the proposed plantings and structures positioned between the McIlrath building and Pine Avenue to reduce the impact on the significant open setting.

 

Further Information

 

3.       Further information is to be submitted to confirm the design of the proposed link between the McIlrath building and the reservoir which will close the gap and the view between the buildings to ensure its appearance is as unobtrusive and lightweight as possible;

 

4.       A Cyclic Maintenance and Monitoring Plan, to implement the recommendations of the Prince Henry CMP and Lot 14 SECP.  The Strata Management Statements (or any building management documents) for the site are to include By-laws or other measures to implement the Plan’s recommendations and ensure that adequate funds are provided in any building maintenance fund for this work.  This information is to be is to be submitted to the Director of the Heritage Office and approved prior to release of the occupancy certificate;

 

Nominated Heritage Consultant

 

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

 

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

 

7.       A report by the consultant (illustrated by works’ photographs) shall be submitted to the Director of the NSW Heritage Office for approved prior to the release of the construction certificate which describes the work, any impacts/damage and remedial works carried out;

 

Aboriginal Archaeology

 

8.       Excavation included in proposed works is to be undertaken in consultation with the La Perouse Local Aboriginal Land Council (LPLALC) and, where requested, be subject to LPLALC and archaeological monitoring;

 

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

 

10.     Prior to the commencement of the proposed works, all contractors and relevant personnel involved are to be made aware of the existence of Aboriginal archaeological remains at the Prince Henry site through an induction process, and of the possibility that more as yet undiscovered Aboriginal cultural material may exist there; and

 

11.     Site contractors are to be advised as well as  information included in construction documents so site contractors are advised of their obligations under the National Parks and Wildlife Act 1974 and notification procedures in the event that any Aboriginal cultural material is disturbed or exposed during site works;

 

Historical Archaeology

 

12.     Prior to the commencement of any subsurface disturbance (excavation), all those involved are to be made of the potential for historical archaeological relics to survive within the area.  This is to be done through a site induction by the nominated heritage consultant, which also notifies all involved of their obligations under the Heritage Act 1977 (NSW);

 

13.     In the event that historical archaeological remains or deposits are exposed during the works, the excavation work shall cease immediately and an evaluation of their potential extent and significance should be undertaken and the Heritage Council of NSW notified under the requirements of the Heritage Act.

 

Conservation Works

 

14.     Information scheduling and describing the proposed conservation works is to be submitted to the Director of the Heritage Office and approved prior to the release of the construction certificate:

 

h)       The conservation works are to be implemented in accordance with the McIlrath (former Pathology) Building and Water Reservoir Specific Element Conservation Policy (SECP) dated April 2005;

i)        The conservation works documents are to be prepared by a qualified practitioner and the work inspected by the nominated heritage consultant;

j)       The conservation works are to include proposed painting schedule guided by the historic colour scheme analysis and paint scapes prepared in consultation with the nominated heritage consultant;

k)      The works are to be undertaken by qualified contractors in accordance with the conditions of approval; and

l)        The conservation works are to be completed by practical completion of the construction works.

 

Works

 

15.     The construction works and installation of services are to be undertaken in accordance with McIlrath (former Pathology) Building and Water Reservoir Specific Element Conservation Policy (SECP) dated April 2005.  In addition:

a)       Significant building elements, features and fragile materials shall be adequately protected during the works from potential damage;

b)      The demolition and removal of materials is to be carried out in such a manner as to prevent runoff, damage to or removal of significant heritage fabric;

c)       Significant fabric and features in the vicinity of the development and wherever construction vehicles are used are to be protected during the works;

d)      The installation of services shall be carried out in such a manner as to minimise damage to or removal of historic fabric and shall not obscure historic features;

e)       Service runs should be grouped and concealed within the new work; and

f)       Proposed service reticulation is to minimise interface with retained significant fabric.  Penetrations through heritage fabric should be minimised.

 

Inductions

 

16.     Prior to the commencement of the proposed works, all involved parties are to be made fully aware, by way of an induction by the nominated heritage consultant, of the location, importance, condition and fragility of all significant natural, landscape, built and archaeological features in the vicinity of the site and access roads.  Attendance at the induction is compulsory.  The induction is to include a synopsis of the history and importance of the whole site, nature of the work and the care required to prevent damage to significant features;

 

Moveable Heritage

 

17.     Items identified in the Moveable Heritage Survey and Salvageable Materials Survey of the Prince Henry Site undertaken in 2003/2004 to satisfy consent conditions issued for Demolition DA No.1 and Demolition DA No.2 are to be carefully relocated to a safe, weatherproof location prior to the works or if fixed in position (the McIlrath Plaque and Avery Scales) protected in-situ for the duration of the works.  Management of any moveable heritage items is to be in accordance with the future Moveable Heritage SECP;

 

Interpretation and signage

 

18.     A site specific plan interpretation and signage plan is to be prepared in accordance with the Prince Henry site wide strategy and submitted to the Director of the Heritage Office and approved within 3 months following commencement of the works.

 

a)       The plan is to include site specific interpretation and signage to promote an understanding of the significance of the buildings, their history, appearance, nature of the recent changes, former and new use and setting.;

b)      Site-specific interpretation at the McIlrath building is to be carefully worded to present the building’s values should not affect the amenity of future residents;

c)       To mitigate the extent of demolition and loss of evidence of the McIlrath building’s and Water Reservoir former uses and contribution to the hospital, suitable in depth presentation and interpretation is be recommended within the site specific plan to be provided off-site as part of the site wide strategy; and

d)      Site specific signage is to be installed prior to the release of the occupation certificate; and

 

S60 application

 

19.     An application under section 60 of the NSW Heritage Act is be submitted and approved by the NSW Heritage Council prior to work commencing.

 

Development Consent Conditions

 

20.     The development must be implemented substantially in accordance with Issue A of the plans numbered AR.DA.00, AR.DA.03, AR.DA.07, AR.DA.11 dated 29.04.05, stamped received by Council on 3 May 2005 and Issue B of the plans numbered AR.DA.01, AR.DA.04, AR.DA.05, AR.DA.06, AR.DA.08, AR.DA.09; dated 30.08.05 prepared by Tanner Architects and stamped received by Council on 1 September 2005 and Landscape Sketch Plan LA.DA.01 revision 0 dated 29 April, 2005 prepared by PSB and stamped received by Council on 3 May 2005 and the Draft Plan of Subdivision, surveyors reference C392-005b.dwg, prepared by Whelans and stamped received by Council on 9 September 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:

 

21.     The preparation of the Plan of Management is a condition of DA No. 274/2005 - community title subdivision in Release Areas 2 & 3 to ensure site wide consistency with the care of heritage resources especially where they cross property boundaries.

 

Management and care of the site's significant fabric is to be in accordance with the site wide Plan (or Plans) of Management which is/are to be prepared by Landcom in consultation with the site's major stakeholders, including owners of private lots that either contain heritage elements or are within or are part of the setting and/or curtilage of heritage elements. The Cyclic Maintenance and Monitoring Plan requested in the Heritage Office conditions is to be appended to the Plan (or Plans) of Management. The Plan (or Plans) of Management are to be adopted by any future Owners Management Association.

 

This condition is imposed to clarify the agreement between the applicant and the Heritage Office in terms of ongoing management of heritage at the Prince Henry Hospital site.

 

22.     The northern wall adjacent the pedestrian carpark egress is to be terminated so that there is 2 metres of open grassed verge between the egress passage and the western street alignment of the site. This condition is imposed to maintain the openness of the site and minimise the number walls and structures on the Jenner Street frontage of the site. Details are to be submitted with the Construction Certificate application.

 

23.     A maximum of 17 spaces are to be provided in the basement with the following allocation:

 

Resident Parking

 

1 bedroom

3 spaces

2 bedroom

7 spaces

3 bedroom

6 spaces

Dedicated Car Wash Bay

1 space

 

          Two adjacent parking spaces are to be deleted from the northern half of the basement in order to achieve compliance with the above requirement. In place of the two spaces, deep soil landscaping is to be provided on the site.

 

          The three open air parking spaces at ground level are to be retained and signposted as visitors’ spaces.

 

          This condition is imposed to ensure the proposal maximises deep soil planting and to minimise the impact of basement structures on the site. Details are to be provided with the Construction Certificate application.

 

24.     A tree with a minimum mature height of 10 metres is to be planted in the new deep soil zone created by deletion of parking spaces in accordance with Condition 23. The tree species shall be provided to Council prior to the issue of a Construction Certificate to ensure it will not detract from the heritage values of the site. Details are to be provided with the Construction Certificate application.

 

25.     Storage is to be provided to the development in accordance with the following minimum requirements:

§  8m3  for each 1 bedroom unit

§  10m3 for each 2 bedroom unit

§  12m3 for each 3 bedroom unit

 

          Details are to be provided on the plans submitted with the Construction Certificate application.

 

26.     There must be no encroachment of any part of the structures onto the adjoining premises or onto Council’s road reserve, footway or public place without approval.

 

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

 

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

 

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

 

30.     Television aerials, and/or satellite dishes are not to be installed without the prior consent of Council, unless they are consistent with the provisions of the Exempt and Complying Development Control Plan.

 

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

 

32.     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.

 

33.     The finished ground levels external to the building shall not be raised 300mm to accommodate the erection of the building and paving works or the like, without the written consent of Council.

 

34.     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. Lighting is to be sympathetic to the heritage values of the site.

 

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

 

35.     21 solar panels are to be provided within the Prince Henry Hospital site to offset the energy used by the development. Details of the location of the solar panels are to be provided prior to the issue of a Construction Certificate. This condition is imposed to clarify the requirements of the Sustainable Building Report.

 

36.     The development must be designed and constructed to achieve a minimum energy efficiency NatHERS rating of 3.5 stars or equivalent and a NatHERS certificate or equivalent, prepared by a suitably qualified person, is to be submitted to the certifying authority with the construction certificate application.

 

          The design of the building must be consistent with the development consent and any proposed variations to the building to achieve the energy efficiency rating may necessitate a new or amendment to the development consent prior to the issuing of a construction certificate.

37.     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.

 

38.     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.

 

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

§ Clothes dryers minimum 2.5 star

§ Dishwashers minimum 3 star

§ Air conditioners minimum 4 star

§ Clothes washers minimum 4 star

§ Fridge minimum 4 star

 

40.     An application, in accordance with Section 68 of the Local Government Act 1993 and the Local Government (Approvals) Regulation 1999, must be submitted to and approved by Council prior to a Construction Certificate being issued for the development, for the installation and operation of a Greywater Treatment/Diversion System. Details of compliance with relevant NSW Health Department Guidelines are to be provided with the application.

 

41.     The greywater system is to be designed, installed and operated in accordance with the requirements of relevant NSW Health Guidelines for Greywater and Sewage Recycling systems and devices.

 

42.     Installation of domestic greywater treatment systems must comply with the NSW Department of Health, Domestic Greywater Treatment Systems Accreditation Guidelines, 2001.

 

          Details of compliance with the above criteria must be provided with the local approval application.

 

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

 

43.     Works covered by this consent are to take place in accordance with the Developer Agreement (Deed of Agreement between Landcom and Randwick City Council dated 4/03/2005) for public open space and services.

 

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

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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”.

 

50.     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.

 

51.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

          Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

53.     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.

 

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

 

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

 

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

 

55.     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 and existing building for the proposed building works and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

56.     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.

 

57.     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.

 

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

 

59.     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:

 

60.     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.

 

61.     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.

 

62.     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.

 

63.     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.

 

64.     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.

 

65.     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.

 

66.     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.

67.     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.

 

68.     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.

 

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

 

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

 

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

 

70.     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.

 

71.     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.

 

72.     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.

 

73.     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.

 

74.     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.

 

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

 

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

 

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

 

77.     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.

 

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

 

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

 

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

 

          Temporary fences or 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.

 

79.     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 (greater than 3m in length) or any container or other article.

 

The following conditions are applied to provide reasonable levels of access for people with disabilities:

 

80.     To provide reasonable access for persons with disabilities, suitable access ramp/s are to be provided from the entry to the premises and to the building entrance to the satisfaction of the certifying authority and details are to be included in the construction certificate.

 

81.     Any fill importation onto the site (for landscaping purposes or otherwise) is to be monitored and classified by a suitably qualified environmental consultant or similar. 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’.

 

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

 

83.     Hazardous or intractable wastes arising from any demolition or construction  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).

 

84.     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:

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

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

 

 

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

 

          The project specific criteria for noise emissions from mechanical plant and equipment associated with the proposal shall be in accordance with the acoustical report dated 2 May 2005, prepared by Vipac Engineers and Scientists Ltd when measured at the nearest affected boundary:

 

 

 

Period

 

Day (7am–10pm)

 

Evening (6pm–10pm )

 

Night (10pm-7am )

Project Specific Level

 

45.5 LAeq (15mins)

 

42.5 LAeq (15mins)

 

37.0 LAeq (15mins)

 

88.     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.

 

89.     A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development, which demonstrates that noise and vibration emissions from the mechanical plant and equipment (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.   This report/correspondence is to incorporate the acoustic report submitted with the development application, namely: report number 242911-TRP-003928-01 dated 2 May 2005, prepared by Vipac Engineers and Scientists Ltd.

 

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

 

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

 

91.     The applicant shall:

 

a)       Remove any redundant sections of concrete vehicular crossing and layback and reinstate the area with concrete footpath, turf and integral kerb and gutter; and

 

b)      Construct a heavy-duty concrete vehicular crossing and layback at the kerb opposite the proposed vehicular entrance to the site in Jenner Street (NR3).

 

Note: It appears that the new crossing may be located over an existing kerb inlet pit. If the final design shows the new layback being located over the existing drainage pit, the applicant will be required to:

i)       Convert the existing kerb inlet pit to a grated inlet pit in the new layback; and

ii)      Construct a new kerb inlet pit immediately to the south of the new crossing to compensate for the lost inlet capacity.

 

          All civil works are to be in accordance with Australian Standard specifications for driveways, and in general accordance with Randwick City Council's ‘Standard Kerb and Gutter and Vehicular Crossing Detail’ (Drawing SD4) and Council’s ‘Standard DGGP with Extended Kerb Inlet Detail’ (Drawing SD7).

 

92.     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.

 

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

 

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

 

94.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall match the back of the approved footpath levels along the site frontage in Jenner Street (NR3).

 

             Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

 

95.     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.

 

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

 

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

 

97.     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.

 

98.     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.

 

99.     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.

 

100.   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 to determine whether or not an electricity substation is required for the development.

 

101.   A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

          Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the website www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92 for assistance.

 

          Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer infrastructure 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:

 

102.   Engineering calculations and plans (for Lot 14) 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 the 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 the underground drainage system in Pine Avenue. 

 

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.

 

103.   All stormwater run-off naturally draining to Lot 14 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.

 

104.   All site stormwater leaving Lot 14 must be discharged to the new storage pond (located adjacent to Fairway 7 within the Coast golf course), via the street drainage system in Pine Avenue. The stormwater shall be discharged directly to the underground drainage system in Pine Avenue via a kerb inlet pit (in accordance with the Prince Henry drainage strategy prepared by Connell Wagner). It is noted that all kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

 

105.   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.

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

 

107.   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.

 

108.   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 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.

·        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.

 

109.   One covered car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

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

 

c)       The car washing bay must be clearly signposted.

 

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

 

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

 

110.   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)       Finished site contours at 0.2 metre intervals (over Lot 14);

b)      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

c)       Details of any infiltration/absorption systems; and

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

 

111.   Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council 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.

 

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

 

112.   The garbage room shall be sized to contain a total of 14 x 240 litre bins (7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins.

 

113.   The waste storage area/s 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.

 

114.   The waste storage area/s shall be clearly signposted.

 

115.   Details showing how full garbage bins will be safely transported to the kerbside for collection shall be submitted to the certifying authority for approval prior to the issue of a construction certificate. This condition is required as the ramp grades are too steep to facilitate manual wheeling of bins up to the street.

 

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

 

116.   The boundary between Lots 14 and 26 shall be adjusted to satisfy the following requirements prior to the issuing of an occupation certificate for the development:

 

a)       The parcel of ground containing the basement carpark shall be allocated to Lot 14 (as a stratum allotment); and

b)      The boundary shall be realigned at the western end to match the edge of the access driveway serving Lot 26.

 

          To satisfy this requirement the applicant will be required to submit to Council for approval and have approved a formal subdivision application for the boundary adjustment.

 

117.   The applicant shall create suitable rights of way, rights of carriageway, easements for services and internal stormwater lines, as required.

 

          Note: This shall include creating a right of carriageway over Lot 26 (benefiting Lot 14) to facilitate access to the three proposed street level parking spaces.

 

118.   The basement carpark shall be constructed prior to endorsement of the subdivision plans.

 

119.   The applicant shall provide Council with a survey plan of the property (including appropriate sections through the basement carpark) prior to endorsement of the subdivision plans.

 

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

 

120.   The landscaped areas shown on the Landscape Sketch Plan (Drawing LA.DA.01, issue 0 by PSB Landscape Architects Pty Ltd, dated April 29th 2005) shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan (for Lot 14) at an appropriate scale showing existing trees within the property (clearly identified as being removed or retained), proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

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

 

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

 

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

 

f.        Sectional elevations through Lot 14 showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

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

 

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

 

121.   The detailed landscape planting plan and schedule submitted in accordance with the above condition shall demonstrate compliance with the following additional requirements:

 

a)       The planting plan and schedule shall not contain any invasive species or those which may threaten the areas of Eastern Suburbs Banksia Scrub (ESBS).

 

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

 

c)       The planting plans and schedule shall show:

 

§  Deletion of Metrosideros excelsa (NZ Xmas Tree) from the plan and plant schedule due to this species susceptibility to Jewel Beetle attack which has resulted in the death of a large number of this species in the Randwick LGA recently. This species shall be replaced with a cultivar or an alternative species of similar form and dimensions as they are resistant to this particular pest attack.

 

§  Deletion of Phoenix canariensis (Canary Island Date Palm) from the plan and planting schedule due to this species susceptibility to the water borne fungal disease Fusarium sp, which has resulted in the death of a large number of this species from the Randwick LGA, and is to be replaced with an alternative feature species of similar dimensions.

 

§  Deletion of Coprosma repens (Mirror Bush) and Erigeron karvinskyanus (Mexican Daisy) from the plan and planting schedule due to their invasive nature and the proximity to areas of ESBS, and are to be replaced with a more suitable, non-invasive species.

 

122.   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.

 

123.   To ensure satisfactory maintenance of landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas to provide full coverage, and shall comply with all Sydney Water requirements.

 

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

 

125.   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

 

126.   Approval is granted for the removal of the following trees subject to the planting of 10 x 45 litre broad canopied replacement trees (not palms) strategically located within the private courtyards and around the perimeter of Lot 14. The trees selected shall be of a species that will attain a minimum height of 6-10 metres at maturity.

 

a)       Two Cupressus sempervirens (Italian Cypress) on either side of the existing brick entry area, at the southwest corner of the existing building.

b)      One Allocasurina species (She-Oak) on the eastern side of this entry area.

 

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

 

128.   A refundable deposit in the form of cash or cheque, or bank guarantee (with no expiry date) for the amount of $10,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

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

 

The applicant shall present the receipt to council’s landscape technician to organise for a further inspection to be undertaken.

 

Advisings

 

A1     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)       Part B1            -        Structural provisions

b)      Part C1            -        Fire resistance and stability

c)       Clause D1.4     -        Exit travel distances in undercroft area

d)      Part E1            -        Fire fighting equipment

e)       Part E2            -        Smoke Hazard Management

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

g)       Part F1            -        Damp and weatherproofing

h)       Part F4            -        Light and ventilation

i)        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.

 

A2     The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

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

 

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 

 

 

 


MOTIONS PURSUANT TO NOTICE

 

12.1     By Councillor Tracey – Minimisation of Construction Hours.

That Council in the public interest amends the hours allowed for construction work to control and mitigate the impacts of development on the amenity of the surrounding areas and neighbourhood.

 

In particular, Council will make a standard condition of development consent that a prohibition will apply for all construction works on:

 

·                    Saturdays & Sundays adjacent to Public Holidays and

·                    Public Holidays and

·                    The adjacent Construction Industry Awarded Rostered Days Off

 

This condition of development consent will not apply to:

 

·                    Minor renovations or refurbishments to single dwelling construction

·                    Owner occupier renovations or refurbishment to single dwelling construction

·                    Owner Builder construction of single dwelling construction and or

·                    Housing Estates consisting of predominantly unoccupied single dwellings.

 

12.2          By Councillor Andrews – Removal of Median Strip.

 

That Council consider the removal of median strip at the intersection of Marine Parade and McKeon Street, Maroubra. Further, this matter be referred to the Traffic Committee for consideration.

 

12.3          By Councillor Andrews – Installation of Angle Parking in Fenton Street, Maroubra. 

 

That Council install angle parking in Fenton Street, Maroubra. Further, this matter be referred to the Traffic Committee for consideration.

 

12.4          By Councillor Andrews – Review of Filming Policy.

 

That Council review its Filming policy and consider including the following amendments in order to protect the impact filming might have on local residents in the vicinity where filming takes place.

 

(a)                given the large number of personnel and support vehicles used in filming operations, all residents within 200 metres of the proposed site must be informed in writing at least one week prior to the commencement of filming;

(b)               all trucks, cars, trailers and any other support vehicles or equipment must be parked legally and not be obstructing driveway entrances or the visibility of drivers entering or exiting from side streets;

(c)                if equipment is going to be conveyed by trolleys down public streets, the traffic branch of the local police must be notified to ensure the safety of all filming personnel as well as local pedestrians;

(d)               filming personnel must at all time respect the visual and acoustic privacy of the local residents;

(e)                litter, including cigarette butts, coffee/tea cups and other catering utensils must be placed in litter bins/bags and removed from the filming area at the conclusion of operations;

(f)                 any night time external lighting is subject to a DA (development application) and must be concluded by 9:00pm so as not to disturb sleeping hours of nearby residents; and

(g)                fines:  first offence, $250; second offence, $500; third offence, $1000; and all subsequent offences, $5000.