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

 

4th October, 2005

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY,

11TH OCTOBER, 2005 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUIDLING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 13TH SEPTEMBER, 2005.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Development Applications

 

5.1                      

DIRECTOR, CITY PLANNING REPORT 67/2005 –

65 BYRON STREET, COOGEE.  (DEFERRED)

2

 

5.2                      

DEVELOPMENT APPLICATION REPORT –

180-182 MARINE PARADE, MAROUBRA.

18

 

5.3                      

DEVELOPMENT APPLICATION REPORT –

2 VICTORIA STREET, RANDWICK.

37

 


 

5.4                      

DEVELOPMENT APPLICATION REPORT –

41 CREER STREET, RANDWICK.

90

 

 

5.5                      

DEVELOPMENT APPLICATION REPORT –

73 CLOVELLY ROAD, RANDWICK.

97

 

5.6                      

DEVELOPMENT APPLICATION REPORT –

40 FIRST AVENUE, MAROUBRA.

121

 

5.7                      

DEVELOPMENT APPLICATION REPORT –

53 BALFOUR ROAD, KENSINGTON.

140

 

5.8                      

DEVELOPMENT APPLICATION REPORT –

1-3 JENNER AVENUE, LITTLE BAY (FORMERLY KNOWN AS 1430 ANZAC PARADE, LITTLE BAY).

158

 

5.9                      

DEVELOPMENT APPLICATION REPORT –

87 HOLMES STREET, MAROUBRA.

221

 

 

6           Miscellaneous

 

6.1                        

DIRECTOR, CITY PLANNING REPORT 64/2005 - MATRAVILLE TOWN CENTRE - DRAFT DCP AND DRAFT LEP (AMENDMENT NO. 37) AND DRAFT PUBLIC DOMAIN STRATEGY.

229

 

6.2                      

DIRECTOR, CITY PLANNING REPORT 68/2005 - DESIGN REVIEW PANEL UNDER SEPP 65.

253

 

6.3                      

DIRECTOR, CITY PLANNING REPORT 69/2005 - REGIONAL HOUSING REPORT - DRAFT STRATEGIC PARTNERSHIP AGREEMENT WITH RANDWICK CITY COUNCIL & NSW DEPARTMENT OF HOUSING.

257

 

6.4                      

DIRECTOR, CITY PLANNING REPORT 70/2005 - MALABAR HEADLAND FACILITY MANAGEMENT PLAN.

271

 

6.5                      

DIRECTOR, CITY PLANNING REPORT 71/2005 - MALABAR HEADLAND LEP AMENDMENT NO.35.

275

 

 

7           Motions Pursuant to Notice

 

7                        

Notice of Rescission Motion by Councillors Andrews, Hughes, Matson & Woodsmith – Health, Building & Planning Committee Meeting, Tuesday, 13th September, 2005– Item 5.5 – Development Application Report – 16 Lenthall Street, Kingsford.

281

 

 

8           General Business

 

9           Notice of Rescission Motions

 

 

 

………………………………

GENERAL MANAGER


 

Director, City Planning Report 67/2005

 

 

SUBJECT:

65 Byron Street, Coogee

 

 

DATE:

26 September, 2005

FILE NO:

DA 871/2005

 

 

REPORT BY:            DIRECTOR, CITY PLANNING 

 

INTRODUCTION

 

At the ordinary Council meeting of Tuesday the 23rd August 2005, it was resolved “that  this application be deferred to allow the applicant to engage a surveyor for a verification of the Relative Levels on the objectors’ property to allow for a full analysis of the expert opinion on the overshadowing, and to explore the possible removal of the Norfolk Pine.”

 

ISSUES

 

An amended survey plan dated 3/8/05 has been prepared by W Buxton Pty ltd Surveyors which includes details of the relative levels of the adjoining properties at 155 and 157 Oberon Street, Coogee.

 

The amended survey plan was referred to Mr Steve King, Solar Access Consultant, from the Centre for Sustainable Built Environment at UNSW.  Mr King has been asked by Council to comment upon whether the shadow diagrams prepared for the objectors by Clement and Reid Surveyors are accurate and to interpret the level of likely overshadowing, having regard to relative levels plotted on the additional survey information provided by the applicant.

 

Mr King has concluded that in his opinion the Clement and Reid elevational shadow diagrams cannot be relied on for the determination of projected overshadowing in that they do not give sufficient information to determine the degree of overshadowing that may be attributed to the proposed second storey addition at 65 Byron Street, and that the 12 noon shadow is overstated in height by 1.8m to 2.0m.

 

In addition, Mr King in his opinion states that an assessment of the updated survey prepared by W Buxton which includes relative levels of 155 and 157 Oberon Street indicates that by 12 noon there will be no additional overshadowing at all of the glazing of the relevant properties.

 

Any requirement that there be no additional overshadowing at all to those premises would require that any second storey to 65 Byron Street be sited entirely at the position of the proposed dining area and glazed void.

 

With respect to the possible removal of the Pine Tree adjoining the southern boundary, Council’s Landscape Technician has advised that under the revised Tree Preservation Order which was adopted by Council on the 26th July 2005 that no formal consent is required for the removal of trees growing within 2m of an existing dwelling. The owner of the property has verbally advised Council Officers that he does wish to remove this tree to protect the structural integrity of the dwelling, which will also result in solar access to the adjoining properties in Oberon Street being improved.

 

CONCLUSION

 

On the basis of Mr King’s supplementary report, it is considered that the proposal achieves the objectives and performance requirements of the DCP – Dwelling Houses in relation to solar access.  Further, the removal of the Norfolk Pine tree will improve solar access to the properties to the south.

 

The application is recommended for approval.

 

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. 871/04 to carryout alterations and additions to the dwelling and install an in ground swimming pool at 65 Byron Street Coogee.

 

          The consent shall not operate until the applicant satisfies the Director, City Planning as to the following matter:

 

Deferred Commencement Condition

 

1        The depth of the upper level terrace to the southern elevation is to be reduced from 3m to 1.5m and the width of the upper level rear deck including roof over, in the eastern elevation is to be reduced from 11m to 6.5m, measured from the northern elevation of the building to maintain reasonable levels of privacy and solar access to the adjoining properties in Oberon Street.

 

2.       The overall height of the building shall be reduced by 300mm, by lowering the floor to ceiling height of the upper level to CL6.300.

 

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

 

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  DA341-1-1 dated 30 March 2004 and received by Council on 5 April 2005 and DA341-1-2 dated 30 March 2004 and received by Council on 28th February 2005, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       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.

 

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

 

4.       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.

 

5.       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.

 

6.       The existing levels of land within the rear yard area are to remain unaltered.

 

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

 

7.       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.

 

8.       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.

 

9.       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:

 

10.     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.

 

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 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.

 

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.

 

          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.

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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:

 

22.     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.

 

23.     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.

 

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

 

25.     All 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.

 

26.     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.

 

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.

 

          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.

 

33.     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.

 

34.     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.

 

35.     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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

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

 

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

 

40.     The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for Council or a Council approved subcontractor to carry civil works such as construction of a new vehicular crossing to the subject site.

 

a)       $700.00    -           Damage / Civil Works Security Deposit

 

          The damage/civil works security deposit may be provided by way of cash or cheque with the Council and is refundable upon the completion of the required civil works by Council or a Council approved subcontractor.

 

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

 

41.     The applicant must meet the full cost for Council or a Council approved contractor to widen the existing vehicular access.

 

42.     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.

 

43.     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:

 

44.     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.

 

45.     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.

 

46.     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.

 

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

 

47.     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.

 

48.     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:

 

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

 

50.     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.

 

Tree Management

 

51.     Approval is granted for the removal of the following trees subject to the planting of 1 x 75 litre, deciduous, broad canopied replacement tree (not a palm) within the rear yard of the site. The species selected shall be one that will attain a minimum height of 6 metres at maturity.

 

a)       Three (3) Syagrus romanzoffianum (Cocos Palms) around the existing pool

b)      One (1) Araucaria columnaris (Cooks Pine) near to the southern building alignment

 

ADVISORY MATTERS:

 

A1     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.

 

A2     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.

 

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

 

ATTACHMENT/S:

 

Expert Opinion:  Revised Advice, from Steve King, Solar Access Consultant.

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

25 August, 2005

FILE NO:

DA/69/2005

 

PROPOSAL:

 The application details the use of an open area adjacent to the Maroubra Bay Hotel as a seating area for patrons of the Hotel.

PROPERTY:

 180-182 Marine Parade, Maroubra

WARD:

 Central Ward

APPLICANT:

 Indyk Architects

OWNER:

 Multiplex Maroubra Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

The application details the use of the public open space adjacent to the Maroubra Bay Hotel for an outdoor seating for hotel patrons.

 

The application is referred to Council for determination at the request of Councillors Andrews, Bastic, Tracey, Matson, Woodsmith & Hughes.

 

The main issue regarding this application is the potential for adverse impacts upon the amenity of the local residents in terms of noise and anti-social behaviour.

 

The application is recommended for approval subject to conditions, which include conditions 4 & 5 which prohibits the consumption of alcohol in the designated seating area, and restricts the use for a trial period of 12 months.

 

2.       THE PROPOSAL

 

The application seeks development consent to use a portion of the open space adjacent to the front of the Maroubra Bay Hotel for an outdoor seating area for hotel patrons. The area measures 98m² and it is proposed to provide seating for 85 patrons between the hours of 10.00am to 8.00pm seven days a week; removable umbrellas will be provided for shelter to the seating area.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is on the corner of Marine Parade and McKeon Street directly opposite the northern end of Maroubra Beach and is within the Maroubra Beach Local Business area which contains a variety of local business uses and as well as this licensed premises another known as Maroubra Seals Club. Directly to the north of the subject property there are two other commercial uses and then surrounding residential uses comprising a mixture of single dwelling houses and multi unit housing development.

 

4.       SITE HISTORY

 

The subject premises had, until its closure in November 2002, been used continuously as a hotel since originally opened in 1926 and the building is listed as a heritage item in Schedule 3 of the Randwick Local Environmental Plan, 1998.

 

Development consent, DA 974/02, was granted on the 27th May 2003 for the redevelopment of the Maroubra Bay Hotel for the construction of two five storey residential wings to either end of the hotel to provide for 50 new dwellings and a basement car park for 87 vehicles, and three new retail tenancies and the upgrading of the ground floor hotel.  The upper two levels of the hotel were also approved for conversion to dwellings and included a mansard style addition containing additional dwellings. The building works which were the subject of this application have been completed and the hotel reopened for business in March 2005.

 

5.       COMMUNITY CONSULTATION:

 

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

 

5.1     Objections

 

Sergeant Gray, Maroubra Licensing Police

 

The licensing police wish to object in the strongest possible terms to the granting of the application for the following reasons.

 

Issue

Comment

There are concerns that the hotel will be used by a local surf gang which will lead to anti social behaviour.

The applicant has provided a management plan which states that security staff will be employed to monitor not only the hotel in general but also to monitor the behaviour of the patrons in the outdoor seating area. The seating area is recommended to be alcohol free. The outdoor seating area will include the installation of a digital CCTV camera.

The Maroubra Precinct Committee is extremely concerned for the behaviour of youths in the area and have requested that the Alcohol Free Zone in McKeon Street be extended to include Fenton Avenue and a section of Fitzgerald Avenue.

This matter is separate from the proposed development.  Notwithstanding this, conditions have been applied prohibiting alcohol consumption in the outdoor seating area.

There are major fears by Police that if this footpath area is allowed to be licensed there will be a congregation of youths who may harass and intimidate users of the area.

The applicant has provided a management plan which states that security staff will be employed to monitor not only the hotel in general but also monitoring the behaviour of the patrons in the outdoor seating area.  It is in the interests of the operators of the hotel to ensure that users of the outdoor seating area are not intimidated.  No alcohol consumption will be allowed in the outdoor seating area.

For the benefit of policing and community safety it is the opinion of Police that patrons be kept inside the premises where they may be better supervised by security personnel.

The applicant has provided a management plan which states that security staff will be employed to monitor the hotel, the outdoor seating area and the vicinity of the premises.

It is envisaged that there would be numerous complaints with regards to noise and anti social behaviour.

It is considered that, subject to suitable conditions of consent, the level of nuisance can be controlled in that there will be formal policing of the area by Hotel security as detailed in the Management Plan.  Further it is recommended that approval be granted on a 12 month trial basis, during which time noise emissions from the outdoor seating area may be monitored.  Specific conditions of consent are also included in relation to noise levels and no public entertainment is proposed. 

 

B Farmer on behalf of the owners of 170-172 Marine Parade, Maroubra (1st Submission)

 

Issue

Comment

There is already a high level of anti social behaviour and the proposal will only increase this behaviour.

This area is currently open and vacant  and if approval is granted the area will be formally regulated by conditions of consent and the management plan, which include security staff monitoring the outdoor seating area and vicinity of the hotel.

Strongly objects to the proposed application and expect Council to reject the application.

The application has been considered on it’s merit and approval is recommended subject to conditions including the consent being on a trial basis of twelve months and that the consumption of alcohol in this area be prohibited.

 

B Farmer of 170 Marine Parade, Maroubra (2nd Submission)

 

Issue

Comment

An advocacy letter in support of the application has been provided by the applicant for patrons to sign which is misleading and open to fraud and misrepresentation.

A copy of this letter unsigned has been provided by Mr Farmer. However, Council has not received an advocacy letter in support of the application by the Applicant.

Children and youth will be adversely influenced by images of adults drinking in the local streetscape.

It is recommended that the outdoor seating area be alcohol free.

There is currently anti social behaviour in this area and an expansion of gambling/licensed premises cannot improve this.

This area is currently open and vacant and if approval is granted the area will be formally regulated by conditions of consent and the management plan, which include security staff monitoring the outdoor seating area and vicinity of the hotel.

Additional patrons will not improve parking for local residents in this area.

The proposal complies with the provision of DCP Parking.

 

B Farmer of 170 Marine Parade, Maroubra (3rd Submission)

 

Issue

Comment

There is a pro forma letter in support of the application which has been presented to Council.

No pro forma letters in support of, or objecting to, the application have been received by Council.

The application will result in impressionable teenagers being influenced by intoxicated patrons of the hotel.

There is no evidence that the approval of this outdoor seating area has the potential to influence the behaviour of youth in the area.

There is a precedent for communications in bulk from intoxicated patrons being received and considered by Council.

No such communications have been received by Council in relation to this application.

 

D Popplewell, Vice President, Maroubra Seals

 

Issue

Comment

The application has been signed by the Council’s Public Officer without any prior consultation with the community.

Council as the owner of the land is required to consent to the lodgement of the application only.  The application will need to be assessed under the provisions of the EP&A Act

The Statement of Environmental Effects (SEE) is substantially slanted in favour of the application.

The SEE makes an assessment of the proposal with respect to compliance with the relevant DCP and controls and where the proposal complies with those controls the SEE has identified areas of compliance. Council has undertaken an assessment of the application

The SEE mentions that no construction work will be undertaken however the there is concealed pavement sockets to provide umbrella support.

The proposed pavement sockets to stabilise umbrellas are not considered to represent construction work in that the umbrellas are of a temporary nature and are to be removed at the conclusion of operation.

The acoustic report does not include any technical details or background noise levels.

An updated acoustic report has been prepared which includes long term background noise measurements which have been used to calculate the noise level at the nearest affected boundary.

The suggestion that the proposal was in the original intention of the previous development application, is incorrect.

An outdoor seating area was indicated on the concept drawings, the scale model of the overall development and within information sheets circulated as part of the original development application process to the surrounding residents.

The SEE suggests that due to the zoning the proposed development is plausible.

The proposed use is consistent with the objectives of the zone and the adjoining local business zone.

What is the real area of the public space involved?

The actual area of the outdoor dining area is approximately 100m² as calculated from the dimensions shown on the plans and does not include the total outdoor area adjacent to the front of the hotel.

How does the additional patrons in this area relate to the proposed toilet facilities in the hotel.

The existing sanitary facilities in the hotel are adequate to cater for the additional seating in the outdoor dining area.

The use of this space attracts additional parking requirements.

The proposal complies with parking requirements under the DCP for Parking.

The proposed area is currently within an Alcohol Free Zone.

A condition of consent is recommended to prohibit the consumption of alcohol in the outdoor seating area, making the proposed use consistent with the existing Alcohol Free Zone.

The subject area may be used by a local gang to intimidate and control this area.

The applicant has included a management plan which states that security staff will be employed to monitor not only the hotel in general but also the behaviour of the patrons in the outdoor seating area.

The proposed use will increase offensive behaviour in this area.

The proposed use will enable the area to be policed by security officers associated with the hotel, whereas at present this area is not specifically policed in a formalised manner.

The Plan of Management is generic in nature.

The plan of management is specific in nature and addresses issues that relate directly to the proposal.

There have already been concessions made to the overall development and a further concession to the licensed area will potentially seriously affect the dwellings within the development and the community.

It is considered that conditions of consent relating to noise and nuisance minimisation and the plan of management will maintain the amenity of nearby and adjoining dwellings.

 

L Shurey, Secretary, Maroubra Beach Precinct Committee

 

Issue

Comment

The number of seats are excessive for the space.

The proposed outdoor seating area is of sufficient dimensions to accommodate the number of tables and chairs nominated.

Outdoor dining should not exclude public access to the corner of Marine Parade and McKeon Street.

The proposed outdoor seating area does not restrict access to this corner.

No permanent structures should be allowed in this space.

There are no permanent structures proposed.

 

R Leoni of the Maroubra Beach Committee

 

Issue

Comment

The proposal is excessive and will limit public seating in this area.

In the context of the locality it is not considered that the area is excessive and there is no public seating in this area at present which would be alienated by the proposal.

The proximity to the corner may lead to health and safety issues.

The setbacks of the outdoor seating area are consistent with the DCP controls and the area is delineated by proposed moveable screens.

This area should not be used in addition to the Brasserie in that it is not a beer garden.

The use of the outdoor seating area in conjunction with the Brasserie is not inconsistent with the DCP for Footpath Dining.  Furthermore, a condition of DA consent restricts the consumption of alcohol in this area if approval is granted.

The consumption of alcohol in this area may lead to anti social behaviour.

A condition of consent is included which prohibits the consumption of alcohol within the outdoor seating area should approval be granted.

Families want to feel that they may frequent this area.

The applicant has included a management plan which states that security staff will be employed to monitor not only the hotel in general but also monitoring the behaviour of the patrons in the outdoor seating area, which would encourage families considering utilising the area.

There are concerns that the area may be frequented by youth at night and there will be little to limit their behaviour.

The proposed use will enable the area to be policed by security officers associated with the hotel, whereas at present this area is not specifically policed in a formalised manner. The conditions of consent restricts the use of the space between 10:00am and 8:00pm

 

P L Burton & Co. Pty Limited, Level 2, 806 Anzac Parade, Maroubra

 

Issue

Comment

Strongly objects to the proposed use of the open area adjacent to the Maroubra Bay Hotel in that patrons of the hotel regularly become intoxicated and to have potentially 85 intoxicated patrons out the front of the hotel very day of the week between 10.00am to 8.00pm is unfathomable.

The applicant has included a management plan which states that security staff will be employed to monitor not only the hotel in general but also the behaviour of the patrons in the outdoor seating area and a condition of consent is included to prohibit the consumption of alcohol in the outdoor seating area whilst ever there is an alcohol zone in place.

 

J Sampson of G03, 180 Marine Parade, Maroubra

 

Issue

Comment

An outdoor seating area to the hotel will only encourage more undesirable persons congregating in this area.

The applicant has included a management plan which states that security staff will be employed to monitor not only the hotel in general but also the behaviour of the patrons in the outdoor seating area. Condition of consent will only allow the service of food and service of alcohol is prohibited.

Increasing the number of people in the immediate area may make it difficult for residents of 180 Marine Parade to gain entry to their car park.

It is not considered that the approval of this outdoor seating area has the potential to have any direct impact upon access to the car park of the adjoining multi unit housing development in that it does not encroach upon the driveway.

The hotel presently has no bands or outdoor area and any changes from the current use will encourage problems and is definitely unacceptable.

The applicant has included a management plan which states that security staff will be employed to monitor not only the hotel in general but also the behaviour of the patrons in the outdoor seating area.  The application does not seek consent for public entertainment.

 

5.2  Support

 

Multiplex (Maroubra) Pty Ltd, original developers of the site.

 

Issue

Comment

During the initial meetings with Council they were encouraged to include an active street frontage to the corner of Marine Parade and McKeon Street and it was always proposed that the area in front of the hotel would be used for outdoor dining and seating, and this intent was included in a letter and artists representation of the finished development circulated to local residents.

Noted.

There may be some concerns from local business that the outdoor seating would compete with their premises, however there are a variety of eating and drinking areas at Bondi, Clovelly, Bronte and Coogee which are all able to be successfully operated.

Noted.

Responsibility for the management of this area will enable it to be controlled and the previous anti social behaviour outside the hotel controlled.

Noted, as detailed in the management plan.

The proposed outdoor dining use may be approved on a trial basis and with hours of trading restricted.

Noted, a condition of consent is included to require that approval is for a trial period of 12 months only.

It would be disappointing to see this area which was created as part of the overall development abandoned and allowed to be overtaken by a group of youths.

Noted.

Multiplex are concerned that they had promoted a particular design and use in this area which if refused would lead to accusations that they mislead the community.

Any previous representation of the scope of development did not include the formal consideration of or approval of this area for outdoor dining.

 

 

 

 

 

 

Multiplex Developments (NSW) Pty Ltd

 

Issue

Comment

The application for outdoor dining is entirely consistent with the proposed development from the outset, which detailed an outdoor eating area in all brochures, resident bulletins and scale model of the development.

Any previous representation of the scope of development did not include the formal consideration of or approval of this area for outdoor dining.

After spending $1 million to upgrade the public area in the front of the site there are concerns as to the security, maintenance and public amenity of this area if outdoor seating was not approved.

Any previous representation of the scope of development did not include the formal consideration of or approval of this area for outdoor dining.

Council will need to consider the loss of potential licence fee income for this area if the application is refused.

This is not a matter for consideration in the assessment of the development application.

 

6.       TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the Director of City Services and the Manager of Environmental Health & Building Services for comment and relevant conditions have been provided for inclusion with any consent granted with respect to the terms of the outdoor seating area, licensing agreement, noise attenuation and the overall management of the outdoor seating area.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

7.1     Randwick Local Environmental Plan 1998

 

The site is unzoned land under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent in that Clause 39 of the LEP permits the use of unzoned land if the use is permissible on the land adjoining. The adjoining premises is within a 3B zone and the use of the unzoned land for outdoor dining is consistent with the objectives of that zone.

 

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 – Footpath Dining & Trading

 

 

 

 

 

8.1.1  Location and Layout of Footpath Trading Activities

 

Performance Criteria & Controls

Compliance

 

Clear zone minimum width 2.5m for locations adjacent to classified roads, busy footpaths and footpaths, in excess of 4m in width

Complies.

 

For trading areas longer than 10m, provide a 1.5m break in the centre of the trading area (excluding doorways and other essential openings).

Not applicable in that the outdoor seating area is separated from the hotel premises by 3.6m.

 

Provide a minimum break of 1.0m from public utilities including fire hydrants, rubbish bins, seats, telephones, bicycle stands, bus shelters, taxi ranks and parking meters.

Complies.

 

Provide a minimum break of 0.5m from all other street furniture including bollards, tree pits, street lights and traffic and electricity poles.

Complies.

 

Only that part of the footpath or public place directly in front of a restaurant/cafe may be used for footpath trading. The area may not extend to the area in front of neighbouring properties.

Complies.

 

Seating may not be located next to the building line and the kerb side at the same time.

Complies. Seating confined to the separate area adjacent to the front of the hotel.

 

Locate all furniture and fittings within the approved licensed footpath trading area.

To be conditioned.

Will not hinder the use by pedestrians and vehicles of the footpath and adjacent road.

Complies.

Outdoor dining areas in Business zones:

Local Business zones up to 10:00 p.m. Mondays to Saturdays and up to 9:30 p.m. Sundays

Complies.

Demonstrate that the proposal will not have unreasonable impacts on the amenity of adjacent residences.

It is considered that the imposition of suitable conditions will regulate the outdoor seating area and maintain the residential amenity of the adjoining premises.

 

8.1.2  Furniture, Umbrellas and Lighting

 

Performance Criteria and Controls

Compliance

Comply with relevant Australian Standards for all furniture and fittings.

To be conditioned.

Dimensions fit into the footpath trading area.

Complies.

Are safe, sturdy, (but not bulky), waterproof and weather resistant, can be easily removed at the close of business each day, will not damage the footpath or other public infrastructure or pose a trip/fall hazard or inconvenience to the public.

The proposed chairs and tables are of a stackable design and the management plan details that the furniture is to be removed at the closure of the outdoor seating area each day.

Are weighted down or otherwise secured so as to prevent accidental dislodgement (e.g. umbrellas, A-frames).

The proposed details the installation of sockets within the footpath area for the fixing of umbrellas.

Visually complement and be physically aligned with other street furniture (including adjacent footpath trading areas) and adjacent public utilities.

Not applicable. No adjacent footpath trading area.

Define a footpath trading activity by landscape planter boxes and flowerpots, bollards or screens (all to a maximum 1.2m height and maximum 1.8m length) provided they are located within the boundaries of footpath trading area and are removable at the close of business or otherwise designed as an integral part of a public open space area. Fittings are supplied and maintained at the expense of the applicant.

The proposed outdoor seating area is to be defined by light weight moveable screens 1.2m in height and 1.8m in length located at the edge of the proposed outdoor dining area and the plan of management stipulates that the screens and furniture will be removed at the close of business..

Umbrellas must not impede views (if existing) of traffic signals, signs and pedestrian crossings.

Complies.

 

A safe and secure anchor point, (permanently fixed and which does not pose a trip hazard when the umbrella is in storage).

The proposed details the installation of sockets within the footpath area for the fixing of umbrellas.

 

 Pinnacle vents to reduce wind loading.

Complies.

 

 Fire-retardant materials if located near a heating device.

To be conditioned

 

 Market style, not beach umbrellas.

Complies.

 

Provide lighting and/or heating adequate for safety and amenity for all patrons.

To be conditioned.

 

 

 

 

8.1.3 Consumption of Alcohol

 

Performance Criteria and Controls

Compliance

Provide a copy of any current On-Licence issued under the Liquor Act, 1982, which must be extended to include the footpath if alcohol is to be served there.

Provided.

Submit a ‘house’ policy that describes the measures to be taken to minimise harm associated with alcohol consumption to ensure the responsible service of alcohol.

A condition of consent is included to require that no alcohol is to be consumed in the outdoor seating area.

 

8.1.4 Litter and Cleanliness

 

Performance Criteria and Controls

Compliance

Demonstrate that rubbish generated by a footpath trading activity will be effectively cleaned by dry processes.

The plan of management details the schedule for the proposed maintenance and cleaning of the footpath area.

Provide windproof design ashtrays of a type approved by Council, in smoking areas.

Complies.

Do not use disposable tableware.

The SEE notes that disposable tableware will not be used.

 

8.1.5 Toilets and Sanitary Facilities

 

Performance Criteria and Controls

Compliance

Provide adequate toilet and sanitary facilities to cater for patrons.

Complies.

Comply with Part F2 of the Building Code of Australia (which includes requirements for disabled toilets).

The existing toilet facilities are adequate to cater for the additional seating capacity and will comply with the requirements of the Building Code of Australia.

 

Performance Criteria and Controls

Compliance

 

 

8.1.6 Accessibility

 

Performance Criteria

Compliance

Access must be provided from the footpath dining area to the internal area and sanitary facilities of the associated indoor premises, in accordance with the relevant provisions of the Building Code of Australia and the Disability Discrimination Act (DDA) Advisory Notes for Access to Premises.

Complies.

 

8.2     Development Control Plan – Parking

 

The proposal has been assessed in accordance with Council’s DCP for parking. As there is to be no increase in the floor area of the hotel, additional parking will not be required.

 

8.3     Alcohol Free Zone

 

At the Works Committee meeting of the 26th September 2002 consideration was given to the re establishment of alcohol free zones which had or were nearing the end of their nominated term and at that meeting 6 zones were established including Maroubra Beach which nominated;

 

*        Road and footpath areas on both sides of Marine Parade from Maroubra Road to Fitzgerald Avenue.

*        Road and footpath areas on both sides of McKeon Street from Marine Parade to Duncan Street.

*        Carpark and footpath areas in the carpark behind the Maroubra Beach Pavilion.

 

The zone excluded adjacent parks and reserves and areas licensed by Council as outdoor eating areas.

 

Advice was sought from Council Solicitors as to the consideration of this application with regards to the alcohol free zone and the following advice was provided by Mr Jeff Kildea of Counsel which states:

 

1)      “that the alcohol free zone will not cease to apply to the proposed footway seating area of the Maroubra Hotel on the grant of development consent or on the grant of a licence to use that area as an outdoor eating area.

2)      that the existence of the alcohol free zone does not prevent the council granting consent to the development application for the proposed footway seating area at Maroubra Hotel; and

3)      that if council were minded to grant consent it might consider it appropriate to impose a condition of consent prohibiting the consumption of alcohol in the footway seating area whilesoever the alcohol free zone, which expires on October 2005 exists”

 

Mr Kildea further advised that the alcohol free zone may be cancelled and re established so as to exclude the proposed footway seating area, however it involves a lengthy process of liaison with the local police and public notification before and after the resolution to cancel the alcohol free zone. If Council were to resolve to re-establish the alcohol free zone to exclude that part of Marine Parade and McKeon Street that is used for outdoor seating, the Ministerial Guidelines require notification of the public, the Police, local liquor licenses, registered clubs and the Anti Discrimination Board. The time table for this consultation process allows for up to 40 days for submissions.

 

Given that the alcohol free zone is still in place it is recommended that this application be approved subject to a condition prohibiting the service and consumption of alcohol in the outdoor seating area whilesoever the  alcohol free zone is in place.

 

Noise & Anti Social Behaviour

 

The applicant has submitted a Plan of Management incorporating the employment of security personnel which would be required to patrol the area and would assist in deterring any individual or group of individuals considering acts of vandalism, or displaying anti-social behaviour.

 

In the circumstances it is considered appropriate to limit the operation of the outdoor seating area to a 12 month trial period to allow for a review of the operations of the premises, and effectiveness of the Plan of Management.

 

The applicant has provided Council with a report from a suitably qualified and experienced consultant in acoustics stating that the proposal will fulfil all relevant acoustical requirements nominated by the Protection of the Environment Operators Act, 1997, the Liquor Administration Boards standard noise emission criteria for licensed premises and the criteria nominated by the NSW Dept of Environment and Conservation in its Noise Code for Local Government, subject to the implementation of a number of attenuation measures.  Conditions of consent have been included in the recommendation to ensure noise emissions from the proposal comply with the relevant requirements and that the proposed mitigation measures are implemented.

 

In relation to potential for anti-social behaviour, it is considered that the active use of this space and the increased surveillance that this brings would lessen the potential for anti-social behaviour.  However, the successful operation of this area will still require a high level of management to ensure that there are adequate security measures in place for the surveillance, of patrons.

 

8.4     Heritage Item

 

The application for an outdoor seating area has been assessed by Council’s Heritage Planner who has advised;

 

“The proposed furniture will not affect the fabric of the Maroubra Bay Hotel, and are in any case reversible works. The scale and bulk of the furniture, partitions and umbrellas will not significantly affect the setting of the hotel building or views of the hotel from the east. There are no heritage objections to the proposal, in relation to either Randwick LEP 1998 or Amendment No.39”.

 

9.       CONCLUSION

 

The proposed development complies with the relevant assessment criteria as detailed in the Development Control Plan for Footpath Dining and Trading and will not result in an unreasonable impact upon the amenity of the adjoining premises or the character of the locality. The application is therefore recommended for approval.

 

RECOMMENDATION:

 

THAT 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.69/05 for permission to use an area of the public space adjacent to the front of the Maroubra Bay Hotel as a seating area for patrons of the hotel at 180-182 Marine Parade Maroubra subject  to the following conditions: -

 

1.       The development must be implemented substantially in accordance with the plans numbered 0408, DA01.01, dated 30/11/04 and received by Council on the 4th February 2005, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The proposed outdoor seating area located in the open space adjacent to the Maroubra Bay Hotel located on the corner of Marine Parade and McKeon Streets shall contain a maximum 85 seats and 27 tables and accommodate a maximum of 85 patrons.

 

3.       The hours of the outdoor seating area are restricted to Monday to Sunday 10.00am to 8.00pm.

 

4.       The service and consumption of alcohol within the outdoor seating area is prohibited.

 

5.       The use of the public space adjacent to the Maroubra Bay Hotel as a seating area for patrons of the hotel is limited to a period of 1 year from the date of the commencement of the use to enable the Council to monitor and assess the impact of the development on the public health, safety and amenity of the patrons of the hotel and residents of the locality. Council must be notified in writing 7 days prior to the commencement of the use of the outdoor seating area.

 

6.       The LA10 noise level emitted from the outdoor licensed area shall not exceed the background noise level LA90 in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence. The background noise level shall be measured in the absence of noise emitted from the licensed premises.         

 

          The LA10 noise level emitted from the outdoor licensed are shall not exceed the background  noise level LA90 in any Octave Band Centre Frequency (31.5hz-8kHz inclusive) between 12.00 midnight and 7.00am at the boundary of any affected residence. The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

7.       The proposed use of the outdoor seating area shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

          In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

8.       A compliance report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council 3 months after occupation of the outdoor seating area, 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.

 

9.       Security guards or a specially appointed members of staff must be provided (from 5.00pm Monday to Friday and 12.00pm on Saturday and Sunday ) identified as such by uniform (or the like), to take all reasonable steps to prevent noisy and unruly behaviour of patrons attending or departing the defined outdoor seating area.

 

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

 

          Upon reasonable prior notice, the licensee must make available the incident book to the police and Council officers.         

 

11.     No public entertainment is to be provided in the outdoor seating area of the premises unless a further development application (under the Environmental Planning & Assessment Act 1979) and local approval application (under the Local Government Act 1993) is submitted to and approved by Council.

 

12.     The hotel premises and outdoor seating area shall be operated in accordance with the Plan of Management prepared for the Maroubra Bay Hotel dated January 2005 and received by Council on February 2005, with this development application.

 

13.     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.

 

14.     The proposed umbrellas are to be treated with a fire retardant if heating appliances are to be used within the outdoor seating area.

 

15.     Lighting is to be provided within the outdoor seating area to maintain safety within the area

 

16.     A minimum 3.60 metre wide section of footpath is to remain unimpeded for pedestrian use adjacent to the Marine Pde frontage of the site.

 

17.     A minimum 3.00 metre wide section of footpath is to remain unimpeded for pedestrian use south and adjacent to the proposed outdoor seating area.

 

18.     Prior to operation of the proposed footpath restaurant the applicant/proposed Licensee shall enter into a formal license agreement with Council covering the terms and conditions of the footpath restaurant. The applicant is advised to contact Council’s Property Compliance Officer, (9399-0936), regarding Council’s requirements for the formal license agreement.

 

19.     The Licensee must keep in full force and effect for the term of the license agreement established, a policy of public risk insurance with respect to the licensed area and the business undertaken by the Licensee therein. The limit of public risk shall be not less than $10,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount which may be paid arising out of any one single accident or event.

 

NOTES:

a.       The policy shall extend to cover death or injury to any person and damage to property of any person sustained when such person is using or entering the licensed area.

b.       The policy must name the Council as the owner and the Licensee as the insured and must contain a clause that the insurer will not cancel or change the insurance without first given the Council ten (10) days prior written notice.

c.       The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be delivered by the Licensee to the Council

 

20.     The Licensee shall indemnify Council for the full duration of the license agreement from and against all claims, demands, writs, etc. as set out in the formal license agreement.

 

21.     The style and colour of the furniture to be used in the footpath restaurant area shall be in accordance with the Development Control Plan “Footpath Dining & Trading”. No advertising or other structures shall be installed without the prior written consent of Council. Design details of the proposed furniture shall be submitted to Council for approval, and approved, prior to the execution of a formal license agreement between Council and the applicant.

 

          Note: All street furniture is to be removed from the Licenced area outside approved trading hours.

 

22.     The Licensee shall meet all other requirements of Council’s Development Control Plan “Footpath Dining & Trading”.

 

23.     The Licensee shall ensure that the footpath restaurant area is maintained in a clean and tidy condition at all times. It is noted that this includes high pressure water blasting to clean the footpath restaurant area at least once every 6 months or as directed by Council’s officers.

 

24.     The footpath restaurant area Licensee shall ensure that the pavement of the footpath restaurant area is maintained free of grease and other foodstuffs at all times.

 

25.     The footpath restaurant area Licensee shall, during the term of the agreement with Council, abide with any current or future Council Policy, Resolution or directive relative to the consumption of alcohol in public spaces.

 

26.     The Licensee shall abide with any directive given by any utility authority in relation to access requirement to any utility within the proposed lease area.

 

27.     The removable partitions and umbrella’s are to use pavement sockets as shown in “Annexure D” of the Statement of Environmental Effects submitted with the Development Application.

 

28.     The Licensee shall ensure the pavement sockets for the umbrella’s and partitions are maintained at the Licensee’s own expense and to the satisfaction of the Director of City Services.

 

ATTACHMENT/S:

 

A4 Plan

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

19 September, 2005

FILE NO:

D/190/2005

 

PROPOSAL:

 Alterations and additions to multi unit housing building including new first floor addition and strata subdivision into 5 allotments

PROPERTY:

 2 Victoria Street, Randwick

WARD:

 East Ward

APPLICANT:

 PABI Holdings Pty Ltd

OWNER:

 Ms E Sienkiewicz

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Chris Bastic, Dominic Sullivan, Paul Tracey.

 

The application proposes to make minor alterations to the ground floor level of the existing multi-unit housing development to improve the existing 3 x 1 bedroom dwellings on the site. A first floor addition, contained largely within the existing roof form and a new pitched roof form is proposed which will provide an additional 2 x 1 bedroom units. The existing parking provision on the site (3 spaces) will remain. Due to the retention of the existing building footprint on the site, there are limited opportunities to landscape the site. Strata subdivision of the development is also proposed.

 

As the development proposes improvements to and strata subdivision of a low rental residential building, the application required referral to the Department of Planning, Infrastructure and Natural Resources under SEPP 10 Retention of Low-Cost Rental Accommodation. The Department has granted its concurrence to the development, subject to the applicant making a contribution towards the provision of future low-cost housing.

 

The applicant has provided amended plans to address issues raised by neighbours (3 primary objectors) in relation to; view loss, privacy impacts, bulk and scale and overshadowing. These plans are considered to have addressed the majority of issues raised by objectors. Lack of parking, affordable housing and limited provision open space were additional concerns raised by neighbours and these are also considered satisfactory (although the amended plans did not change the proposal in this regard).

 

The applicant is seeking to vary the standards for landscaping and floor space ratio under RLEP98. With the exception of parking requirements, the proposal achieves a high degree of compliance with Council’s policy controls for setbacks, streetscape, residential amenity and energy efficiency. Due to the high degree of compliance with these policy controls and the lack of amenity impacts, the objections lodged under SEPP 1 are well founded and the application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application proposes to make minor alterations to the ground floor level of the existing building to provide a stair, and internal alterations to 3 existing 1 bedroom units on ground floor level. No additional bedrooms will be constructed.  As a result of the alterations Garbage storage and a new retaining wall will be provided externally at ground level.

 

The proposal also includes a new first floor level contained largely within the roof space of the existing building. The new floor level will comprise two new one bedroom units. In total, the development will comprise 5 x 1 bedroom units and parking for 3 cars.

 

Strata subdivision of the development into 5 lots is also proposed.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site consists of a single corner allotment, on the southern side of Alison Road, and western side of Victoria Street in Randwick. The northern frontage (to Alison Road) measures 26.44 metres. The southern boundary measures 26.745 metres. The eastern frontage (to Victoria Street) measures 11.76 metres and the western boundary measures 12.695 metres. The site has a total area of 325m2 and falls approximately 2 metres from the western boundary to Victoria Street.

 

Existing on the site is single storey building built above a single garage at street level (Victoria Street level). The building is constructed of face brickwork with pitched tiled roof. A detached garage exists to the northwestern corner of the site (facing Alison Road). The building is used for multi-unit housing (three units). The rear yard of the site and surrounds of the existing building are concreted and there is little landscaping provided.

 

Development in the locality is characterised by two to three storey residential flat buildings, characteristic of the 2(c) zoning of the site. Adjoining the site to the west is 205 Alison Road, a three storey residential flat building. To the southern side is 4 Victoria Street, a two storey residential flat building. Across Victoria Street to the east are 2-3 storey residential flat buildings, some with a commercial component. To the north of the site (across Alison Road) are 3 storey residential flat buildings.

 

The site is not located in a Heritage Conservation Area, however Heritage items exist in the vicinity of the site, including 212-214 Alison Road, 8-10 Victoria Street and 6-8 George Street, Randwick and the Coach and Horses Hotel on the corner of Alison Road and Avoca Street.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The application was lodged on 17 March 2005. As the application seeks to make improvements to and strata subdivide an existing residential flat building, the application was referred to the Department of Infrastructure, Planning and Natural Resources for assessment under SEPP 10 on 12 April 2005.

 

The applicant lodged amended plans in response to the submissions made by residents on 11 July 2005. These plans amended the development so that the first floor level was largely incorporated into the roof space rather than as a full second storey. The plans reduced the overall height of the proposal and reduced floor space by reducing the size of the two new units. The plans were re-notified to surrounding residents and are the subject of this assessment. The Department of Infrastructure, Planning and Natural Resources requested additional information from the applicant on 21 April 2005 and issued its determination of the application on 9 September, 2005 (received by Council on 16 September 2005).

 

The application was originally lodged under the address 209 Alison Road, Randwick. On 7 June 2005, the applicant applied to Council to have the property known by its alternate address, 2 Victoria Street, Randwick. This change has now occurred and Council’s records reflect the primary property address as being 2 Victoria Street, Randwick.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

1.   K.Banna, 5/205 Alison Road, Randwick

 

§ Overshadowing

§ View loss

§ Overlooking

§ Discrepancies in information provided

§ Parking difficulties

§ Overdevelopment

 

Comment: The amenity impacts of the development have been discussed in Section 9. The amended plans are considered to have minimised the impacts to an acceptable level and clarified any discrepancies.

 

2.   T.Jacobs, 2/4 Victoria Street, Randwick

 

§ Overshadowing to driveway, exacerbate termite problem

§ Insufficient outdoor space

§ Inadequate parking for additional units

 

Comment: The amenity impacts of the development have been discussed in Section 9. The amended plans are considered to have minimised the impacts to an acceptable level.

 

3.   M.Sharland & T. Jacobs, Proprietors SP 30412

 

§ Further termite damage due to lost sunlight and lack of ventilation as a result of the proposal

§ Overshadowing

§ Too bulky

§ Inadequate landscaping

§ Inadequate parking

§ Loss of open outlook

 

Comment: The amenity impacts of the development have been discussed in Section 9. The amended plans are considered to have minimised the impacts to an acceptable level.

 

§ Loss of property value

 

Comment: This is not a planning consideration.

 

§ Heritage impacts

 

Comment: The heritage impacts of the development have been assessed by Council’s Heritage Planner (see Section 6.3).

 

§ Loss of low-cost rental accommodation

 

Comment: The Department of Planning Infrastructure and Natural Resources has made an assessment of the impacts of loss of the low-cost housing and has granted concurrence (see Section 6.4)

 

4.   M.Sharland,1/4 Victoria Street, Randwick

 

§ Inadequate open area for a unit development as originally built as a single dwelling

§ Streetscape will be impacted by large development

§ Overshadowing

§ Termite problem at 4 Victoria Street will be exacerbated by development

§ Insufficient parking

 

Comment: The amenity impacts of the development have been discussed in Section 9. The amended plans are considered to have minimised the impacts to an acceptable level.

 

5.   L.Cummins, 3/205 Alison Road, Randwick

 

§ Overshadowing

§ Blocking of views and privacy

§ Difficult of parking

§ Overdevelopment of the area

 

Comment: The amenity impacts of the development have been discussed in Section 9. The amended plans are considered to have minimised the impacts to an acceptable level.

 

6.   Letter signed by residents of 205 Alison Road (Units 1,3,4,5 and 6)

 

§ Too bulky

§ Will block views and light

§ Insufficient off street parking

§ Overdevelopment and congestion

 

Comment: The amenity impacts of the development have been discussed in Section 9. The amended plans are considered to have minimised the impacts to an acceptable level.

 

7.   M.Sharland, T. Jacobs, 4 Victoria Street, Randwick

 

§ High tension electricity wires would be very close to the balcony facing Victoria Street. Deletion of balcony will exacerbate the amenity impacts on future residents of the subject site of limited open space available to the development.

 

Comment: The electricity wires are approximately 1.2 metres from the edge of the balcony. This is out of easy reach and is considered adequate clearance for accidental touching and safety. The applicant must contact utility authorities, including electricity authorities to discuss their requirements prior to construction.

 

§ Noise and pollution impacts.

 

Comment: Standard conditions addressing operation of the premises and noise and pollution impacts have been recommended.

 

8.   Petition with 32 signatures objecting on the following grounds

 

§ No room for landscaping or carparking, lot should not be further developed

§ No additional off-street parking, will increase congestion

§ House provides low cost housing which is needed in the area and should be maintained.

 

Comment: The impacts of the development have been discussed in detail throughout this report. The amended plans are considered to have minimised the impacts to an acceptable level.

 

9.   Randwick Precinct Committee

 

§ Objects on the grounds of excessive FSR, height, inadequate landscaping, parking, setbacks and loss of low cost accommodation.

 

Comment: The impacts of the development have been discussed in detail throughout this report. The amended plans are considered to have minimised the impacts to an acceptable level.

 

The amendments lodged by the applicant on 11 July were renotified to surrounding properties for 14 days. In response to this notification the following submissions were received:

 

1.   T.Jacobs, 2/4 Victoria Street, Randwick

 

§ Agreeable amendments have been made to the upstairs area.

§ Glass window to roof storage room on the southern side is to be opaque and give privacy to 4 Victoria Street

 

Comment: Condition 6 addresses this concern.

 

§ Parking is still a concern as 2 units will have no parking.

 

Comment: Parking impacts are discussed in Section 9.10.

 

2.   M.Sharland, 1/4 Victoria Street, Randwick

 

§ Concerns remain

§ Overdevelopment of the site, FSR non-compliance

§ Overshadowing to sunroom

§ Loss of affordable housing

§ No provision of off-street parking

§ Insufficient outdoor areas

§ Pollution from additional residents and vehicles

 

Comment: The amenity impacts of the development have been discussed in Section 9. The amended plans are considered to have minimised the impacts to an acceptable level.

 

§ Has balcony location mitigated the potential safety issue with regard to high tension wires?

 

Comment: Refer to comment above.

 

§ No mention of obscure glazing to new window in southern wall in overview of amendments by applicant.

 

Comment: Condition 6 addresses this concern.

 

§ Impacts of construction on foundations

 

Comment: Impacts on the adjoining building are considered unlikely as there is no excavation proposed at the site.

 

§ Asbestos removal

 

Comment: Condition 40 addresses this concern.

 

3.   K. Banna, L. Cummins, 5/205 and 3/205 Alison Road, Randwick

 

§ Blocking of views and outlook from Unit 3 and impact on outlook from Unit 5, 205 Alison Road

§ Overdevelopment of immediate vicinity given number of residential developments in the area

§ Lack of parking.

 

Comment: The amenity impacts of the development have been discussed in Section 9. The amended plans are considered to have minimised the impacts to an acceptable level.

 

§ Building at 205 Alison Road is drawn at incorrect scale when compared to 2 Victoria Street.

 

Comment: Council is satisfied that the scale of the drawings is accurate.

 

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 provided the following comments with regard to the development application:

 

An amended application has been received for alterations and additions at the above site, including the construction of two units on an additional second storey, minor internal works to the ground floor and strata subdivision of the residential flat building.

 

It is noted that this memo supersedes the previous engineering memo dated 30 March 2005; providing additional comments and conditions in relation to the amended plans submitted.

 

Drainage Comments

The Planning Officer is advised that the Development Engineer has considered conditioning the applicant be required to provide on-site detention of stormwater for the redeveloped portion of the site, given the additional storey proposed and the extent of new roofing. However, as the amount of impervious roof area is not increasing beyond the existing footprint and also that there is very limited room within the site with which to retrofit such a storage system, drainage conditions have not been included in this report.

 

Conditions suggested by the Director, City Services have been included in the Recommendation section of this report (see Conditions 55-65).

 

6.2   Manager, Environmental Health and Building

 

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

 

Building Services Comments

 

The Proposal

 

The proposal provides a first floor addition, consisting of two (2) additional sole occupancy units, to the top of the existing single storey multi-unit housing which currently has three (3) sole occupancy units.

 

BCA Building Classification

 

Class - 2 (Residential units)

 

Background

 

The existing building on site is a post war brick dwelling bounded by two (2) and three (3) storey multi unit housing.

 

Key Issues

 

Site Management:

 

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

 

Building Code of Australia (BCA):

 

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

 

RECOMMENDATION:

 

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

 

Environmental Health Comments

 

The proposal

 

Proposed alterations and additions to existing building with the construction of five, one bedroom units with three carspaces.

 

Key Issues

 

Contamination

 

There is no proposed change issue and no hazardous uses have been detailed.

 

Noise

 

Noise is a potential issue as such appropriate conditions have been included in this consent.

 

RECOMMENDATION

 

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

 

Conditions suggested by the Manager, Environmental Health and Building have been included in the Recommendation section of this report (see Conditions 23-54).

 

6.3   Heritage Planner

 

Due to the proximity of the site to several heritage items, Council’s Heritage Planner has provided the following comments in response to the development:

 

The subject item is a single storey early Inter War bungalow that has been converted to residential flats.  The building has been substantially modified with alterations to the façade including the enclosure of the original verandah, insertion of a garage in the basement level and internal modifications to form the three individual apartments.  In its original form the dwelling would have been a typical example of an Early Inter War Bungalow contributing to a precinct characterised by detached dwellings and flat buildings of that period.  The alterations to the place have eroded its representative and aesthetic values and it is not considered to reach the threshold of significance for a Heritage Item.

 

The immediate vicinity is characterised by a variety of dwelling types including a number of two to four storey Inter War residential flat buildings.  There are also a number of Heritage Items in the vicinity including 8-10 Victoria Street a pair of two storey sandstone semi detached dwellings, The Coach and Horses Hotel at 147 Avoca Street which is a 3 storey Victorian Hotel building and No 212-214 Alison Road which is a three storey Georgian Revival Inter War residential flat building.  The area is not located within a Conservation Area and has not been identified as a potential Conservation Area under the recent Heritage Review.

 

The proposal is for alterations and additions to the existing flat building involving the addition of an upper level comprising two 1xbedroom units and the reconfiguration of the internal space of the ground level.  The first floor additions will be set into the existing roof form, setback from the existing eaves and feature rendered walling with traditionally proportioned openings and a multi hipped and tiled roof.  The existing façade will also be modified with new timber framed doors to the existing openings.  The existing internal spaces are to be modified with a new common entry foyer and minor changes to the existing spaces.

 

As the subject site is located within the vicinity of a number of Heritage Items identified on the Randwick LEP and the Randwick Junction Conservation Area the proposal must be considered in relation to the impact it may have on the significance of those Heritage Items.  The application was accompanied by a Heritage Impact Statement prepared by Perumal Murphy Wu.  The Statement notes that the existing dwelling retains a sense of its original form but alterations have eroded the presentation and contribution of the place to the streetscape.  Its contribution to the Alison Road streetscape is dominated by the flat buildings and the hotel.  The HIS also states that the proposed works have no impact on the setting or fundamental significance of the nearby Heritage Items or Conservation Area because there are no physical impacts to significant buildings or impacts to significant vistas and view lines.

 

The proposal is considered to have no impact on the significance of the Heritage Items in the vicinity or the nearby Randwick Junction Conservation Area.

 

Generally the proposal is reasonable in terms of heritage conservation as the existing building does not demonstrate any significant cultural values that would require its conservation.  The footprint of the existing building remains largely unaltered and the first floor addition will not result in a height increase that is out of character with the buildings in the vicinity.  The first floor addition is set into the existing roof form and maintains the existing character of the area in materials and roof form.

 

The Heritage Item at 8-10 Victoria Street is separated by two other properties featuring relatively large buildings.  The subject site and the heritage item are not within the same visual context and the proposed works will have no impact to the setting of the item.

 

The Coach and Horses Hotel is situated to the west of the subject site and is also separated by two properties which are multi storey flat buildings.  The proposed works will not impact on the setting of the hotel due to their scale, separation from the hotel and sympathetic character.

 

The Inter War flat buildings opposite the subject site (212-214 Alison Road) will suffer no impact from the proposed works to the subject site.  Although they are located within the same visual catchment the proposal is sympathetic in its height, bulk, roof form and materials.  The additions to the subject building will not cause it to dominate the Heritage item.

 

The heritage impact of the development is considered acceptable.

 

6.4   Department of Infrastructure, Planning and Natural Resources

 

The Department of Infrastructure, Planning and Natural Resources has commented on the application with regard to State Environmental Planning Policy 10- Retention of Low Cost Housing. The Department has advised that the proposal will result in the loss of low-cost housing.  The owner of the property has requested that a once off monetary contribution be paid to offset this loss. The Department has agreed this is an adequate measure in this instance and provided draft conditions of consent to cover payment of the contribution to a community housing association (South West Inner Sydney Housing Co-operation Ltd or ‘SWISH’).

 

7.    MASTER PLANNING REQUIREMENTS

 

The site has an area of less than 4,000m2 and therefore the provisions of Clause 40A of the LEP relating to master plans do not apply to this site.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-       Randwick Local Environmental Plan 1998

-       LEP 22 –Affordable Housing

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

-       Draft State Environmental Planning Policy 1 (Application of Development Standards)

-       State Environmental Planning Policy 10 – Retention of Low-cost Rental Accommodation (SEPP 10)

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

-       Multi Unit Housing Development Control Plan, 2000

-       DCP - Parking

-       Section 94 Contributions Plan

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31(2) – Min. Landscape Area

50% ( 162.5m2)

28.6% (93m2)

No*1

31(3) Max. Landscape Area over basement

50% of Landscape area requirement (81.25m2)

0% (0m2)

Yes

32 – FSR

0.65:1 (211.25m2)

0.9:1 (293.5m2)

No1

33 - Building Height

12m (overall)

10m (wall height)

5.9-7.5m (overall)

2.5-4.5m (wall height)

Yes

Yes

Other Clauses

Effect

Applies

Comment

46

Vicinity of Heritage Item

 

Refer to comment below

21

Consent required for subdivision

Draft Strata plans provided

Yes

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

*Indicates existing non-compliance maintained by the proposal

 

The applicant has lodged a SEPP 1 objection in relation to the non-compliance of the proposal with the FSR and landscaping standards (see discussion under sections 9.2 and 9.4).

 

Clause 21 - Subdivision

 

The draft strata plans provided reflect the plans for approval and as there are no minimum lot requirements for subdivision of multi unit housing in the 2(c) zone, the LEP requirements have been satisfied. Standard conditions relating to subdivision have been included in the Recommendation section of this report (see Conditions 57-60).

 

Clause 46 - Development in the vicinity of heritage items, heritage conservation areas and relics

 

The site is located approximately 14-35 metres from a number of heritage items in the vicinity of the site, including 212-214 Alison Road, 8-10 Victoria Street, 6-8 George Street, Randwick and the Coach and Horses Hotel on the corner of Alison Road and Avoca Street. The applicant provided heritage advice in relation to the impact of the development on these heritage items. Council’s heritage planner has made comment in relation to the application and advised that there will be no adverse impact on the heritage items as a result of the extensions to the existing building on the site.

 

The proposal is satisfactory with regard to Clause 46 of the Randwick LEP 1998.

 

(b)        State Environmental Planning Policy No. 1

 

An objection under SEPP 1 has been lodged to support the non-compliance with Council’s 0.65:1 Floor Space Ratio standard, and 50% landscaped area standard as set by clauses 32(2) and 31(2) of the RLEP 1998. These objections are discussed in detail under sections 9.2 and 9.4 of this report.

 

(c)        State Environmental Planning Policy No. 10

 

Details of the proposal have been referred to the Department of Infrastructure, Planning and Natural Resources in accordance with the SEPP. The Department has made comment (see Section 6.4) and proposed conditions requiring payment of an appropriate contribution to mitigate the impact of the loss of low cost accommodation. Consequently, there will be no impact on the amount of low cost accommodation in the area as a result of the proposed improvements.

 

The requirements of SEPP 10 have been met and no further consideration of the SEPP necessary.

 

(d)        State Environmental Planning Policy 55

 

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

 

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

 

(e)        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 FSR and Landscaping standards.

 

The proposal is considered to result in the same or a better environmental outcome than a complying development and is considered to be of good design quality. The development is satisfactory with regard to Draft SEPP 1. A thorough assessment of the proposal against the existing provisions of SEPP No. 1 and against Council’s statutory controls and objectives has been made in Sections 9.2 and 9.4 of this report

 

(f)      Randwick Local Environment Plan Amendment No. 22 – Affordable Housing

 

Amendment No. 22 – Affordable Housing was gazetted on 19 August 2005.  The LEP introduces additional aims relating to housing mix and tenure choice (including affordable housing) into the LEP and residential zone aims. The Draft also includes a new clause requiring Council’s consent for certain changes to existing boarding houses.

 

The existing building on the site is not a boarding house and the proposal is considered to provide increased housing choice in the area, despite the loss of existing low-cost accommodation on the site. The Department of Infrastructure, Planning and Natural Resources has reviewed the application, having regard to SEPP 10 and granted concurrence, subject to payment of contributions to maintain affordable housing in the area.

 

The proposal is satisfactory with regard to objectives of Draft LEP 22- Affordable Housing.

 

8.1  Policy Controls

a.    Multi-Unit Housing Development Control Plan

 

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets  Performance Requirements or Preferred Solutions.)

Site Planning

P1  Development applications accompanied by Site Analysis Plan.

 

Complies

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

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

Complies, regular shape, frontage to Alison Road of 26m

P3  Development on corner sites responds to both street frontages.

 

Complies, balconies and windows to both frontages

Height

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

 

Complies

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

 

Complies

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Complies No change

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

 

 

 

 

 

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

Southern Side

Existing ground floor level, doesn’t comply no change

First floor level new work generally contained in roof space with over 5m to any wall – Complies

Roof space storage gable end setback 1.2-1.5m for 2.5m length – existing roof space on southern side

 

Complies - 2.5m

 

N/A less than 3m of wall surface to southern side

P3  Rear Boundary Setbacks

Ensure that:

§ solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2C

Minimum average setback 8 metres.

 

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

 

Complies Walls and balconies setback average of 8m+

Complies 7.2-8m minimum

Complies 3m

P4  General

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

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

Compiles. Eaves overhang the footpath. Condition 7 requires development to be wholly within site boundaries with no encroachment.

Density

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

 

Complies

Fences

P1  Fences to be/have: 

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

N/A No new front fencing proposed

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1  Minimum for landscaped area 2 metres.

Does not comply. As per existing situation limited landscaped areas available, usable primary ground level landscaped area achieved to ground level units.

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

 

Does not comply. Small areas have been allocated to ground floor units to improve amenity.

P3  Private Open Space

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

 

Complies. Adequate private open space to all units, including balconies to first floor level.

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

 

Complies. Located to the rear

P6  Flats and apartments

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

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

Complies

Privacy

P1  Visual Privacy

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

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

Generally complies. Conditions imposed where required (see Condition 6).

P2  Private open space design and location ensure privacy.

 

Complies – limited opportunities for location of private open space given existing and surrounding development

P3  Acoustic Privacy

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

 

Complies – bedrooms located over bedrooms wherever possible.

P4  Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

Conditioned to comply

View Sharing

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

 

Complies Additional floor area located in pitched roof form

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

 

Complies

P3  Buildings are aligned to maximise view corridors between buildings.

 

Complies Pitched roof form will maximise views/ outlook between buildings

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Complies

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

 

N/A

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

 

Complies Sunlight to ground and first floor windows throughout the day minimum 4 hours

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

 

Does not comply. Very minor additional shadow  to rear yard of 4 Victoria Street

Existing 20% in sun midwinter mornings

Proposed 17% in sun midwinter mornings

No change midday or 3pm

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Complies 100% of new dwellings achive 4 stars

P5  Buildings have roofs with pitch suitable for solar collectors.

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

Complies

Safety and Security

P1  Design allows surveillance.

 

Complies

P2  Approaches and entries are visible.

 

Complies

P3  High walls and structures avoided.

 

Complies

P4  Resident car parking has security grilles or doors.

 

Complies

P5  Visitor parking spaces clearly identifiable.

 

N/A

P6  Adequate lighting for personal safety and security provided.

 

Conditioned to comply

P7  Adequate lighting is provided in common areas.

 

Conditioned to comply

P8  External lighting does create a nuisance.

 

Conditioned to comply

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

Visitor parking is 1 space per 4 dwellings.

 

5 x 1 bedroom apartments

5 spaces

1 space

Does not comply

 

3 spaces

0 spaces

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

 

Complies. Existing garages retained

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

 

N/A

P3  Secure storage for bicycles is provided.

 

Complies. Adequate storage to each unit to accommodate bikes.

Driveways and Manoeuvring Areas

P1  Areas of driveways and manoeuvring are minimised.

 

N/A Existing situation

P2  Vehicles enter/ leave in a forward direction.

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

N/A Existing situation

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

S3  Long driveways provide passing bays.

N/A

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

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

N/A Existing situation

P5  Materials and finishes are consistent.

S5  Large expanses of uncoloured concrete avoided.

N/A Existing situation

P6  Driveway gradients safe.

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

N/A

Storage

P1  Accessible and separate storage for each dwelling.

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

Complies (new dwellings provided with minimum dedicated storage areas)

Barrier-Free Access

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

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

Existing entries retained

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

N/A

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

 

N/A

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

 

N/A

Utilities/Site Facilities

P1  Mailboxes provided in accordance with Australia Post.

 

Letterboxes indicated. Conditioned to comply with authority requirements.

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

 

Conditioned to comply

P3-P6  Electrical, gas , water,sewerage and telephone to be to relevant authorities requirements.

 

Provision of utilities in accordance with authority requirements conditioned to comply (see Conditions 55,56,58)

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

 

Complies Internal laundry facilities to all units. No communal clothes drying. External clothes drying to existing units where possible.

Waste Minimisation and Management

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

 

Complies. New garbage storage area proposed.

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

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

Complies. Area noted above provided to side setback.

 

8.2  Council Policies

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

 

Parking rates and layout requirements for multi-unit housing have generally been incorporated in the Multi Unit Housing DCP. The proposal does not provide parking in accordance with the DCP, this non-compliance is addressed in Section 9.10 of this report. As there is no change proposed to the existing parking, specific conditions in relation to the parking arrangements have not been imposed.

 

8.3  Council Policies

The following Council policies apply to the proposed development:

 

a)   Section 94 Contributions Plan

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes two additional dwellings on the site, each having 1 bedroom. The outcome of this assessment is that a contribution of $3,872.50 is payable (including administration charges). Payment of the contribution has been included in Condition 22 of the recommendation.

b)   Rainwater Tanks Policy, 2003

 

Council’s Rainwater Tanks Policy requires rainwater tanks for new developments. Although the development proposes two new dwellings, the majority of the dwellings are in existence. The Rainwater Tank policy refers to new development, not alterations and additions and in this case it would be very difficult to retrofit a rainwater tank.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1 Height

 

The development has an overall height of 5.9-7.5 metres and complies with the statutory standard of 12 metres. The maximum wall height of the development ranges from 2.5-4.5 metres and complies with the statutory standard of 10 metres.

 

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

 

The proposed development represents an increase of 1.01m in the ridge height of the existing pitched roof on the site (as viewed from the west) and 3.2 metres from the flat roof at the eastern end of the site. Despite the increase, the proposal is well within the height requirements set by the LEP standards and has a maximum two storey scale which is consistent with or less than the bulk and scale of adjoining properties. The additional height has been contained within a roof form wherever possible to minimise the amenity impact in terms of overshadowing, visual and acoustic privacy and loss of outlook. Council’s Heritage Planner has commented on the proposal and is satisfied the development will have minimal impact on the existing streetscape and nearby heritage items within the street.

 

The increased height of development on the site will not result in significant overshadowing, nor privacy or view impacts, as discussed throughout this report. The overall and wall height of the proposal achieve numeric compliance and the stated objectives of the height standards. The development is satisfactory with regard to height.

 

9.2       Density

 

The proposed development has a floor space ratio (FSR) of 0.9:1 (293.5m2), which exceeds that permissible under clause 32(2) of the RLEP 98 for a development on the site, being 0.65:1 (211.25m2m2). The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 32 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

The control allows a gross floor area (GFA) of 211.25m2 at the site.

 

The existing building on the site has a gross floor area (GFA) of 192.9m2 which represents an FSR of 0.59:1. The original proposal sought to add 100.9m2 of floorspace to the building, resulting in a GFA of 293.8m2 and an FSR of 0.9:1. Consequently the proposal exceeded the FSR control by 82.55m2.

 

As a result of discussions with local residents, the proposal has been significantly amended, particularly by way of reducing the height and bulk of the proposed first floor addition. As a result of these amendments, the GFA of the proposal has been reduced by 5.8m2, from 293.8m2 to 288m2. In this regard, the amended proposal has a Floor Space Ratio (FSR) of 0.88:1, and exceeds the maximum permissible GFA by 76.75m2.

 

The proposal does not create any additional floorspace at Ground Floor level. The proposed new first floor has been minimised in scale through setting the new level well back from the Ground Floor building line and designing the new level so that it sits largely within the existing roof form. The ridge is only a maximum of 1m higher than the existing roof.

 

The resulting two (2) storey building will maintain a domestic scale, and provide a suitable transition between the three (3) storey residential flat building to the west of the site and the two (2) and three (3) storey buildings to the north, south and east.

 

The elevations submitted with this DA indicate the appropriateness of this transition. Importantly, the proposal does not cause significant impacts on neighbouring properties by way of view loss, overshadowing or privacy intrusion (see Sections 5.1.3.8 to 5.1.3.10 of the SEE). Importantly, the proposal does not create any discernible additional overshadowing impacts in respect of the property to the south at No. 4 Victoria Street.

 

In conjunction with the discussion above, the standard is unreasonable and unnecessary in this instance as the proposed work:

 

·    is not inconsistent with other development in the locality in terms of height, bulk and scale, particularly in relation to the scale and bulk of other residential flat buildings in the area including the adjacent residential building to the south of the site;

·    results in residential apartments which enjoy significantly improved levels of amenity;

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

·    contributes positively to appearance and character of the area;

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

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

·    assists in retaining a high quality and viable multi-unit housing building at the site; and

·    provides high quality residential accommodation.

 

Having regard to the above, compliance with the Development Standard is considered both unreasonable and unnecessary in the circumstances of the case.

 

The objective of the floor space ratio (FSR) standard is to establish a reasonable upper limit for development in residential zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment. An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc.

 

Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties, despite the non-compliance of the proposal with the density standard of 0.65:1. Compliance with the standard would not necessarily result in a significant reduction in impacts to surrounding properties in this case. The proposal complies with the overall height requirement and has a similar footprint and built form to existing residential flat buildings in the area, which are generally two to three storeys in height.

 

The proposal exceeds Council’s statutory standard by 82m2. The additional floor area has largely been accommodated within a pitched roof form to maintain the residential appearance of the site and minimise any outlook or bulk and scale impacts. The proposal has an FSR of 0.9:1 which is consistent with the standard for larger sites in the 2(c) zone. The FSR standard is a ratio of the site area and therefore the proposal will have a bulk and scale consistent with larger developments on larger sites that achieve the allowable FSR of 0.9:1. The main purpose of the lower FSR on smaller sites is to ensure a high degree of compliance with Council’s policy controls, in particular with setback requirements. In this instance, non-compliance with the FSR control for smaller sites has not resulted in non-compliance with preferred solutions for setbacks, with the proposal achieving the required average and minimum setbacks for development in the 2(c) zone.

 

The proposed density of five small dwellings can be accommodated on the site and will provide good amenity to future residents without impacting significantly on the amenity of adjoining residents. The proposal achieves a high degree of compliance with the objectives of Council’s statutory and non-statutory controls and non-compliance with Council’s FSR development standard is not considered to be reflective of an overdevelopment of the site.

 

It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying and stated purpose of the standard and meets Council’s controls with regard to  height, streetscape and residential amenity. It is considered that SEPP 1 objection is well founded and should be supported.

 

9.3       Building Setbacks

 

The existing ground floor level predates current planning controls and will be retained in its existing form on the site. There are no additional impacts from retention of this portion of the building as no new openings are proposed towards common boundaries at ground floor level.

 

To the southern side, the new first floor addition is to be contained within the existing pitched and gabled roof form. As there are no new walls at first floor level the DCP does not include a preferred solution for setbacks to this portion (roof) of the development.

 

To the rear (west) of the property, the new work has been setback a minimum of 7 metres and an average of 8 metres and meets all the preferred solutions for setbacks in the 2(c) zone. The first floor level is aligned to the ground floor level to both street frontages, maintaining the existing street alignment

 

All  elevations meet Council’s preferred solution under the Multi Unit Housing DCP that walls be articulated so that flat lengths of wall are reduced to less than 10m. The proposal is well articulated to minimise bulk and scale impacts and the new roof form is well matched to the scale and appearance of the existing building.

 

The proposal meets the preferred solutions for setbacks and satisfies the amenity objectives which form the basis of the controls within the DCP. The proposal is satisfactory with regard to setbacks.

 

9.4       Landscaping and Private Open Space

 

The development provides 28.6% (93m2) of the site area as landscaped area. This does not comply with the statutory standard under clause 31(2) of the RLEP98 of 50% (162.5m2) of the site area. 0% of the landscaping occurs over the basement. This meets Council’s requirement that landscaping over basements not exceed 50% of the landscaping requirement.

 

Clause 31(2) of Randwick LEP 1998 imposes a minimum landscape area standard of 50%, or 162.5m2, at the site.

 

The site currently contains 93.064m2 or 28.6% of the site as landscaped area, and therefore does not comply with this control. This DA does not alter the existing building footprint, and therefore retains the existing landscaped area of 93.064m2 or 28.6% of the site. In this regard, the proposal will maintain the status quo with regard to landscaping at the site.

 

Importantly, it is not possible to comply with this control given the footprint of the existing building and garage on the site (approximately 215.78m2).

 

At present, only one (1) of the apartments has access to private open space (i.e. Unit 1), in the form of a sun room. Units 2 and 3 do not have any private open space. The proposal seeks to introduce new private courtyards to Units 2 and 3, as well as balconies to the two (2) new apartments provided at First Floor level.

 

The proposal includes the retention of the deep planting areas around the western and southern sides of the backyard, in the form of planter beds. Furthermore, a new planter bed is proposed to the Unit 2 courtyard.

 

In this regard, it is submitted that the proposed alterations and additions will provide an improvement to the site’s landscaped and privet open spaces, to the benefit of residents at the site and those neighbouring the site.

 

In conjunction with the discussion above, the standard is unreasonable and unnecessary in this instance as:

 

·    the proposal maintains the status quo with regard to the provision of landscaped area at the site, in that no reduction will occur as a result of the proposal;

·    soft landscaping has been provided where possible, including a new planter bed to the Unit 2 courtyard;

·    the existing deep soil planter beds along the southern and western sides of the backyard are retained, providing for amenity and stormwater management; and

·    each of the units contained within the proposed development will have access to generously proportioned private open space area, in the form of a balcony or courtyard.

 

Having regard to the above, compliance with the development standard is considered both unreasonable and unnecessary in the circumstances of the case.

 

The objective of the landscaping standards is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes.

 

The footprint of the existing building greatly constrains the amount of landscaping that can be provided on the site. The proposed works will not reduce the amount landscaping provided to the site at present. As there will be no additional impact from the non-compliance with the landscaped area standard, the arguments submitted by the applicant in terms of additional amenity to the dwellings on the site and the lack of impacts are generally supported. However, the development does represent an opportunity for an improvement in terms of the type of landscaping provided to the site.

 

Despite compliance with the statutory standard for areas of landscaping free of basement areas, the landscaping has not maximised areas for deep soil planting and minimised hardstand surfaces, in accordance with Council’s objectives for stormwater runoff. In order to address this deficiency and provide for an additional area for deep soil planting of approximately 12m2, Condition 21 requires a minimum soft landscaped area including one small deciduous tree be provided to the courtyard of Unit 3. This will have the effect of increasing the soft landscaped and porous area of the site and improving the appearance of the site from surrounding properties and the street.

 

Council’s Landscape Officer has provided standard landscaping conditions which have been proposed in the recommendation (see Conditions 64 and 65).

 

The proposal, subject to compliance with conditions of consent, meets Council’s objectives for landscaping and the SEPP 1 objection in relation to the non-compliance with the statutory standard relating to the amount of landscaping provided to the site can be supported.

 

9.5       Views

 

The increased height of the roof of the development will intrude into the aspect of two east facing windows of 205 Alison Road at first and second floor level.

 

These windows relate to a bedroom and a bathroom. Unit 3 at first floor level will be the most greatly affected due to the relative levels between the subject site and the existing building at 205 Alison Road. The second floor level windows at 205 Alison Road have a sill height of RL79.24. The maximum ridge height of 2 Victoria Street will be RL78.42, 820mm below the sill of this window. Views to the ocean are available across the southeastern corner of the existing building on the site and between the buildings at 2 and 4 Victoria Street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Above: Front bedroom, second bedroom and living room of 5/205 Alison Road will not be significantly affected by view loss as a result of the proposal.

 

As the proposal is located to the north of the roof ridge, interruption of water views  to the southeast will not occur. The increased ridge height will result in a minor loss of northeastern aspect from some rooms (living room, lowest photo), but this is not considered as a view or to be a significant impact. The dining room will not be affected at all by the proposal.

 

Due to the relative levels, orientation of the site and proposed works and the distance to views and outlook, the second floor level of 2 Victoria Street (Unit 5), will not have primary views interrupted by the development as demonstrated in the photographs above.

 

Likewise, 3/205 Alison Road has a primary view aspect towards the southeast with the roof form of the existing building at 2 Victoria Street comprising the majority of the easterly aspect from this unit. The photographs below indicate that the proposal will not affect horizon line and water view from the bedrooms at 3/205 Alison Road, but will obscure a small amount of skyline where the ridge line increases on the northern side of the property. Outlook to the sky will still be achieved from 3/205 Alison Road despite the increase.

 

 

 

 

 

 

 

 

 

 

 

 

Above: Photographs of the 1st and 2nd bedrooms at 3/205 Alison Road indicate primary view aspect is over the southern portion of the roof which will not be modified as a result of the development.

 

The wall and overall height of the development complies with Council’s statutory standards and the ridge height of the new building is approximately 1 metre higher than the existing building. The increased ridge height is concentrated on the northern side of the development. The southern side of the roof remains at the existing ridge height. The use of a pitch roof form and the location of the increased roof height as far as possible from the affected windows has minimised the impact to views and outlook as a result of the development. The compliance with setbacks and location of additional floor area within a pitched roof form rather than a walled ‘box’ form has maximised views between the development on the subject site and the existing two storey building at 4 Victoria Street, consistent with the preferred solutions under the DCP.

 

The adjoining property to the south of the subject site at 4 Victoria Street does not have a major view aspect across the subject site. The modulation of the roof form and the minimal increase in bulk and height to the southern roof plane has minimised any outlook impacts to this property.

 

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

 

9.6       Privacy

 

New windows and balconies to the premises are primarily oriented to the street frontages of the site (north and east). This has minimised privacy impacts to surrounding properties.

 

The new first floor balcony to the western elevation (rear) is setback 8.5 metres from the external wall of the adjoining residential flat building at 205 Alison Road and is offset from the nearest window 900mm. The setback is less than the 9 metres generally required between habitable spaces. The levels provided with the survey indicate a standing eye level on this balcony of RL75.77. The head height of potentially overlooked ground floor windows on the eastern elevation of 205 Alison Road is RL74.27. The angle of vision between the deck and these windows is too acute to provide for significant overlooking between the properties. The sill height of potentially overlooked first floor windows on the eastern elevation of 205 Alison Road is RL 76.14, 370mm above standing eye level on the proposed deck. The sill height of the windows and the horizontal offset does not allow direct viewing between the deck and the first floor window. The vertical separation between top floor windows and this deck area precludes any line of sight from the balcony to rooms on the top floor of 205 Alison Road. The glazing to the lounge room behind the deck area is setback 11.5 metres and similarly offset from the nearest window at 205 Alison Road. This setback meets the preferred solution and will not result in visual privacy impacts between the buildings.

 

On the southern side (facing 4 Victoria Street), the proposal has minimised windows to a single casement window providing light and ventilation to roof space storage area. The neighbour at 4 Victoria Street has requested that this window be obscurely glazed. The window is setback only 4.2 metres from the existing wall of 4 Victoria Street and will provide outlook to windows at 4 Victoria Street (although at an oblique angle). Although this room is a non-habitable area, the provision of a floor to ceiling operable window is considered excessive and may present issues in terms of safety and compliance with the BCA. It is considered that operability of the window will assist in providing cross ventilation to Unit 4, however in order to minimise privacy impacts the operable section of the window should be limited to the area 1.5m from finished floor level and the window should be fixed and obscurely glazed below this level. This has been required via condition of consent (see Condition 5).

 

Remaining new balconies and windows at upper levels primarily face the street and will not result in significant visual privacy impacts on adjoining premises, which are setback behind the line of the balconies and do not have balconies which face the street.

 

The development is satisfactory with regard to privacy.

 

9.7       Solar Access and Energy Efficiency

 

With regard to solar access, the proposal meets the requirements of the DCP maintaining at least 3 hours of midwinter solar access per day to the northern (side) elevation of the adjoining property (4 Victoria Street, Randwick). The proposal has been significantly modified to maximise solar access to 4 Victoria Street, Randwick. The proposal now complies with the preferred solutions for solar access to northern glazing under the DCP with most north facing ground and first floor windows retaining full solar access between 11am and 2pm midwinter. The shadow during the remainder of the day is as per the existing situation.

 

With regard to the rear yard of 4 Victoria Street, the existing situation results in approximately 14m2 of the rear yard receiving sunlight at 9am midwinter. At midday approximately 20m2 of the rear yard receives sunlight and at 3pm the yard is in full shadow. The proposal will result in additional shadow impacts to the rear yard at 9am midwinter. The additional shadow of 5m2 results in an area of 87% of the yard being in shadow, compared with 80% under the existing situation. The DCP requires that where more than 50% of a rear yard is currently overshadowed new development is not to increase the overshadowing. Although the proposal does not comply with the preferred solution, the overshadowing in terms of its location and degree is considered minor. The proposal complies with the preferred solution at midday and 3pm midwinter and the additional shadow impact is considered to be largely the result of the orientation of the sites, rather than overdevelopment on the subject site. This is supported by the high degree of overshadowing experienced at 4 Victoria Street under the existing situation. The proposal has minimised its impact through compliance with the preferred solution for rear setbacks and by modulating the roof form to minimise additional shadow impacts. The proposal is satisfactory with regard to solar access to the proposed dwellings and existing adjoining dwellings.

 

The applicant has provided a NatHERS report indicating new dwellings within the development achieve a rating of 4.0 stars. Standard conditions have been applied regarding use of energy and water efficient appliances and fittings incorporated into the proposal at construction stage (see Condition 17-20).

 

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

 

9.8       Fences

 

No change is proposed to the ground floor of the building which forms the boundary fencing to the street, nor the garage and carport areas which form part of the boundary fencing towards the northwestern corner of the site.

 

Details of side and rear boundary fencing are not clearly indicated by the proposal The plans indicate a new retaining wall to the southern boundary. To minimise the visual impact of any fencing above the retaining wall, condition 5 requires that any new boundary fencing along these boundaries must not exceed 1.8m in height, measured from the low side of the boundary and must be constructed of appropriate materials.

 

The development, subject to conditions, is considered satisfactory with regard to the objectives for fencing under the Multi-Unit Housing DCP.

 

 

9.9       Safety and Security

 

The development provides balconies and living room windows which provide casual surveillance of the street. The entry to the dwellings is well articulated from the street. Roller doors are shown to the parking areas and the entry to the development from the street is delineated by a low gate.

 

The development is satisfactory with regard to safety and security.

 

9.10     Parking

 

The development requires the provision of 5 residential car parking spaces for residents and 1 visitor parking space (a total of 6 spaces). The plans for approval indicate 3 spaces, which does not comply with Council’s requirements.

 

The applicant has provided advice from a traffic consultant that despite the non-compliance with the DCP – Parking, the development provides parking at a rate of 0.6 spaces per unit (or 3 spaces provided)  and this rate of parking is comparable with RTA guidelines for sub-regional centres. The applicant also argues that the site is located close to the Randwick town centre within a range of facilities and transport, and that the traffic generation and access arrangements will remain unchanged from the existing situation.

 

The proposal could increase the number of spaces provided on the site by removing the landscaped areas at the rear of the site to provide tandem parking arrangements.  The provision of private open space and landscaping in lieu of parking provision is considered acceptable in this instance given the retention of the existing building footprint on the site, the density of dwellings provided (one bedroom units as opposed to larger units) and the proximity of the site to public transport and facilities. The applicant has provided advice from a traffic and parking expert to support this finding.

The development is satisfactory with regard to parking provision

 

10.  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.  CONCLUSION

 

The proposed extension and alteration of the existing building at 2 Victoria Street has been assessed against the requirements of the relevant planning guidelines of the RLEP and the relevant DCPs as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. The changes proposed generally meet Council’s controls and objectives and are considered to be satisfactory, subject to the fulfilment of 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 Clauses 32(2) and 31(1) of the Randwick Local Environmental Plan 1998 (as amended), relating to FSR and landscaping, 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 190/2005 for Alterations and additions to multi unit housing building including new first floor addition and strata subdivision into 5 allotments at 2 Victoria Street, Randwick subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the Issue D of the plans numbered DA01 through to DA06, drawn by The Architecture Company, dated 30.06.05 and stamped received by Council on 11 July 2005, the coloured elevations and “Exterior Colour + Finishes Board” prepared by The Architecture Company and stamped received by Council on 17 March 2005, the draft strata plans in 4 sheets prepared by Harrison Friedmann & Associates, Surveyor’s Reference 24291 D.T./ Alison, dated 29/7/05, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.         The applicant is to pay a one-off monetary contribution of $14,040.00 (‘the Contribuiton’) to offset the loss of low-cost rental accommodation on the site prior to the issue of a Construction Certificate for the development. The contribution is to be realised in the following way:

 

a)   The applicant shall enter into a Deed of Agreement (‘Deed”) with the South West Inner Sydney Housing Co-operation Pty Ltd (‘SWISH’) at the Applicant’s expense.

b)   The terms of the Deed shall be met prior to issuing the Construction Certificate

c)   The Deed shall specify the following terms:

i)    The Contribution is to be paid by the Applicant to SWISH; and;

ii)   The Contribution shall be paid by the Applicant to SWISH in one complete payment

 

3.         The Applicant shall provide documentation to Council by way of signed correspondence from SWISH on official SWISH letterhead and receipts that:

 

(a)        The Deed has been entered into between SWISH and the Applicant; and

(b)        The terms of the Deed have been met

 

Prior to the issue of a Construction Certificate for the development.

 

4.         The area marked “Courtyard” as Part Lot 2 in the Draft Strata Plan (Sheet 3 of 4) is to be annotated as “Carpark” to reflect the use approved under this consent. Details are to be provided with the Subdivision Certificate application.

 

5.         Any new fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1800mm*, measured from the low side of the fence to maintain reasonable levels of amenity to the adjoining premises. Construction of fences damaged or removed as a result of the development are to be replaced/ repaired at the applicant’s expense.

 

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

 

6.         The sill height of the window to the roof storage area on the southern elevation at first floor level is to be increased to be a minimum height of 1.5m above floor level, or alternatively, the windows is to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

 

7.         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 development is to be constructed wholly within the site boundaries.

 

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

 

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

 

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

 

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

 

12.       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.

 

13.       The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

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

 

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

 

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

 

16.       The development must be designed and constructed to achieve a minimum energy efficiency NatHERS rating of 3.5 stars or equivalent and a NatHERS certificate or equivalent, prepared by a suitably qualified person, is to be submitted to the certifying authority with the construction certificate application.

 

The design of the building must be consistent with the development consent and any proposed variations to the building to achieve the energy efficiency rating may necessitate a new or amendment to the development consent prior to the issuing of a construction certificate.

 

17.       The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be noted in the construction certificate plans or specifications.

 

18.       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.

 

19.       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

 

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

 

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

 

Landscaped areas should include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.

 

21.       A minimum area of 16m2 (with minimum dimensions of 4m x 4m) of soft landscaping is to be provided to the courtyard to Unit 3, including at least one small deciduous tree (max. height at maturity 6m).

 

This condition is imposed to maximise stormwater infiltration on the site and increase residential amenity. Details are to be provided on the drawings provided with the Construction Certificate application and landscaping is to be installed prior to issue of an Occupation Certificate for the development.

 

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

 

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

 

a)         for the provision or improvement of open space             $2,390.50

b)         for the provision or improvement of community facilities $1,057.00

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

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

 

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

 

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

 

27.       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.

 

28.       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.

 

29.       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.

 

30.       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.

 

31.       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.

 

32.       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”.

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

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

 

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

 

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

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

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.2% of the cost of the works.

 

37.       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:

 

38.       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:

 

39.       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.

 

40.       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.

 

41.       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.

 

42.       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.

 

43.       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.

 

44.       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.

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       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.

 

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

 

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

 

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

 

51.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

55.       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.

 

56.       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 satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

57.       All the conditions of development consent (DA 190/2005) must be satisfied and their compliance verified by the Principal Certifying Authority prior to finalisation of the strata subdivision. Also all public roads and reserves must be satisfactorily restored.

 

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

 

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

 

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

 

60.       The applicant shall create suitable rights of carriageway, easements for services and stormwater lines, as required. The applicant shall be advised that the minimum easement width for any stormwater line is 0.9 metres

 

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

 

61.       The waste storage area shall be sized to contain a total of 6 x 240 litre bins (3 garbage bins & 3 recycle bins) whilst providing satisfactory access to these bins.

 

62.       The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

63.       The waste storage areas shall be clearly signposted.

 

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

 

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

 

65.       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.

 

ADVISORY MATTERS:

 

A1.      The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)       Part C2                      -       Compartmentation and separation

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

c)       Part E1                       -       Fire fighting equipment

d)       Part E4                       -       Emergency lighting, exit signs

e)       Part F1                       -       Damp and weatherproofing

f)        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.

 

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

 

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.

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT PLANNER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

19 September, 2005

FILE NO:

DA 260/05

 

PROPOSAL:

 Double Garage with trafficable roof to the front of the dwelling

PROPERTY:

 41 Creer Street, Randwick

WARD:

 East Ward

APPLICANT:

 Mr R Srzich

OWNER:

 Mr R and Mrs A Srzich

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillors Nash, Notley-Smith and Belleli.  The estimated cost of the development is $26,000.

 

The application details the erection of a double garage to the front of the dwelling sited up to the  property alignment.  No objections have been received to the proposal.

 

The main issue is the impact that the siting of the garage will have upon the appearance of the dwelling and the streetscape, and its compliance with the provisions of the DCP – Dwelling Houses and Attached Dual Occupancies.

 

The application is recommended for refusal.

 

2.       THE PROPOSAL

 

The application details the erection of a masonry double garage with a reinforced concrete trafficable roof with perimeter planter box to the front of the dwelling sited 1100mm from the western side boundary and up to the property alignment. The existing garage within the lower level of the dwelling will be converted into a store room.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The surrounding area is residential in nature and contains a mixture of semi detached and free standing dwellings. The subject site is on the northern side of Creer Street is generally rectangular in shape with an arc frontage to Creer Street of 10.34m, an eastern side boundary of 35.095m, a western side boundary of 30.45m and a rear boundary of 19.66m with a total site area of 569m².

 

4.       COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP – Public Notification.  No submission have been received.

 

5.       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.

 

6.       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.

 

6.1 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. 

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed garage to the front of the dwelling is sited up to the street frontage, does not comply see assessment below.

 

The Objectives and Performance Requirements of the DCP seek to ensure that with respect to front boundary setbacks the proposal generally conforms to the adjoining development or dominant streetscape.

 

Whilst there are a number of carports and garages sited up to the front boundary in this street, they do not dominate the local streetscape and a number are located to the rear of properties in Ellen Street.  Further it is not considered that the existing streetscape has been so compromised that the proposed garage could be accommodated without any adverse impact upon the streetscape, which is predominantly of an open nature.

 

Garages & Driveways

 

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has existing parking for 2 cars. Complies.

S1

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

The proposed driveway is 6 metres at the front boundary. Does not comply see assessment below.

S1

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

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

S2

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

Not possible in that there is no rear access to the site.

S2

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

 Does not comply – see assessment below

S2

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

The proposed garage occupies about 70% of the width of the site frontage. Does not comply – see assessment below.

 

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

 

It is not considered that the proposed new garage to the front of the property will comply with the objectives and performance requirements of the DCP in that the garage will be visually obtrusive and will detract from both the appearance of the dwelling and local street scape by being sited to the front of the dwelling and will be very prominent in the local streetscape, having particular regard to the fact that the garage will occupy almost 70% of the width of the frontage.

 

In addition, increasing the width of the driveway to 6m is also not supported in that a driveway of this width is excessive and will result in a wide expanse of hard surface at the front of the property which will provide a poor streetscape presentation.

 

It is noted that examples of other similarly sited structures have been provided which are located near the subject premises, however these examples are historical and are not a representative indication of the nature of the existing streetscape and indeed are reasons as to why further structures sited to the front of the dwelling should not be supported.

Also the provided examples of garages to the street frontage on the opposite side of the cul de sac are not entirely relevant in that these garages serve two properties which front Ellen Street and have their rear vehicular access from Creer Street.

 

It should also be noted that there is already an existing garage within the envelope of the dwelling and a driveway which already provides for two off street carparking spaces.

 

7.       CONCLUSION

 

The proposal does not comply with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will result in an adverse impact upon the appearance of the dwelling and the local street scape and the character of the locality.

 

For these reasons the application for the erection of this garage cannot be supported and is recommended for refusal.

 

RECOMMENDATION:

 

THAT Council as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. 260/05 for permission to erect a new double garage to the front of the dwelling at 41 Creer Street Randwick for the following reasons:-

 

1.       The proposed garage does not comply with the objectives and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies in that siting of the proposed garage to the front of the dwelling and up to the front boundary will detract from the appearance of the dwelling and the local streetscape.

 

2.       The proposed garage does not comply with the preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the proposed enlarged driveway will exceed 3m in width and the garage will occupy more than 35% of the width of the site.

 

3.       The proposed garage does not comply with the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies in relation to Building Setbacks.

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR OF CITY PLANNING   

SENIOR ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

7 September, 2005

FILE NO:

D0642/2005

 

PROPOSAL:

 Alterations and additions, including new rear deck at rear and new carport to front of dwelling.

PROPERTY:

 73 Clovelly Road, Randwick

WARD:

 North Ward

APPLICANT:

 Mr M C M Leong

OWNER:

 Mr M C M and Mrs M T Leong

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee, as the applicant is Mr M C M Leong, who is an employee of Randwick City Council.

 

The subject site is located on the eastern side of Clovelly Road between Gilderthorpe Avenue and Frenchmans Road, Randwick.  It is currently occupied by a single storey semi-detached dwelling house.  The surrounding area is residential in character and consists predominantly of semi-detached dwelling houses.  The adjoining site to the north is improved with a single-storey semi-detached dwelling house that is attached to the dwelling on the subject site.  The adjoining site to the south is improved with a single-storey semi-detached dwelling house. 

 

It is proposed to make alterations and additions to the existing dwelling house.  The existing lower ground floor level is to be extended further beneath the existing ground floor level of the dwelling to create a new laundry, storeroom, bathroom and rumpus room.  At ground floor level, a new deck is proposed at the rear of the dwelling as well as an internal staircase to connect to the lower ground floor level.  It is also proposed to accommodate a hardstand parking space in the front yard area and construct a carport roof.

 

Notification of the proposed development did not result in receipt of any submissions.

 

The proposed development does not comply with the Preferred Solutions of the DCP for Dwelling Houses and Attached Dual Occupancies, with respect to floor space ratio, side setbacks and garages/carports.  However, the proposed development subject to deletion of the front carport and car space will not have any adverse impacts on the amenity of the streetscape or adjoining properties.  The proposed development is therefore considered to satisfy the relevant corresponding Objectives and Performance Requirements. 

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

It is proposed to make alterations and additions to the existing dwelling house.  The existing lower ground floor level is to be extended further beneath the existing ground floor level of the dwelling to create a new laundry, storeroom, bathroom and rumpus room.  At ground floor level, a new deck is proposed at the rear of the dwelling as well as an internal staircase to connect to the lower ground floor level.  It is also proposed to accommodate a hardstand parking space in the front yard area and construct a carport roof.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Clovelly Road between Gilderthorpe Avenue and Frenchmans Road, Randwick.  It has a 6.7 metre frontage to Clovelly Road, a maximum depth of 38.8 metres and a total site area of 262.8 sqm.  It is currently occupied by a single storey semi-detached dwelling house.  The surrounding area is residential in character and consists predominantly of semi-detached dwelling houses.  The adjoining site to the north is improved with a single-storey semi-detached dwelling house that is attached to the dwelling on the subject site.  The adjoining site to the south is improved with a single-storey semi-detached dwelling house.  Figure 1 is an aerial view of the subject site and surrounding area.

 

4.       SITE HISTORY

 

There is no development application history on Council’s records in respect of the subject site.

 

5.       COMMUNITY CONSULTATION:

 

The owners of adjoining properties were notified of the proposed development on the 17 August 2005.  As a result of this notification, no submissions were received.

 

Figure 1: The subject site and its surroundings

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Engineering Issues

 

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

 

Landscape Comments

 

On Council’s Clovelly Road nature strip, towards the southern boundary, there is one Lagunaria patersonii (Norfolk Island Hibiscus) of approximately 2-3 metres in height. As it is located on public property it falls under the provisions of Council’s Tree Preservation Order; however, it is a poor example of the species, providing minimal contribution to the streetscape, and is deemed largely undesirable due to the high irritability of its seed pods.

 

Ordinarily, Council would not object to the removal of this tree for the reasons outlined above; however, as it will be possible to retain this tree and proceed with construction of the vehicle crossing on the northern side of its trunk as shown (800mm setback provided), Council requires that this tree be retained in this instance, with protection measures not deemed necessary due to its small size and the fact that excavation will be limited to one side of its trunk, mostly outside its dripline, which will result in minimal disturbance.

 

Although two trees are shown within the front yard, against the western boundary, the site inspection revealed the presence of only one Banksia integrifolia (Coastal Banksia) of approximately 6 metres in height, which is in reasonable condition, growing within a small raised garden area, on the western side of the internal pedestrian path.

 

This tree is covered by Council’s Tree Preservation Order, and as it provides a positive contribution to the site and streetscape, is deemed worthy of retention, with protection measures listed in this report.

 

Construction of the proposed hardstand in the area shown will have a minimal and manageable effect on this tree given the presence of the existing verandah, path and existing levels within this front yard, as well as the fact that excavation will be setback a reasonable distance off its trunk and will be limited to only one side of its rootplate.

 

Within the adjoining property to the south, close to the common boundary, there are a group of Howea fosteriana (Kentia Palms) varying in height between 3-8 metres. Although covered by Council’s Tree Preservation Order, these palms will remain unaffected by these proposed works, with conditions not deemed necessary.

 

7.       MASTER PLANNING REQUIREMENTS

 

Not applicable as the land is less than 4,000 sqm.

 

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.

§  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.

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Development Control 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 relevant 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.

54 % of the site is landscaped area. Complies.

S1

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

The rear yard has an area of 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 0.66:1. Does not comply – see assessment below.

 

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

 

The proposed development does not comply with the Preferred Solution for FSR.  However, the degree of non-compliance is in the order of 3 sqm of gross floor area.  This is considered to be insignificant.  In any case, the development does not present as bulky or out of scale with adjoining development.

 

On the basis of the above considerations, the proposed development is considered to satisfy the Objective and Performance Requirement.

 

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 5.2 metres. Complies.

S1

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

Not applicable, as the proposed development does not involve additions at the rear of the site.

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.

Not applicable, as the proposed development does not have a first floor level.

S5

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

Not applicable, as the development is not a semi-detached dwelling.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Not applicable, as the proposed development does not affect the front setback.

S2

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

The proposed dwelling is 10 metres from the rear boundary. Complies.

S3

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

The proposed development is set back 1.1 metres from the southern side boundary. Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 1.1 metres from the southern side boundary and is set 0 metres to the northern side boundary.  Does not comply – assessment below.

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 proposed development does not comply with the Preferred Solution for side setbacks, as outlined above.  However, as the second level of the subject dwelling is actually the ground floor level (due to the topography of the site), non-compliance with the southern side setback requirement is considered to be acceptable.  That setback also matches the existing side southern setback.  In respect of the proposal being set to the northern side boundary, it will not have any impact as the proposed part of the building is only a deck and is to be extended back to match an existing privacy screen on the adjoining semi-detached dwelling to the north.  In any case, the proposed development will not result in loss of natural light or ventilation as a result of non-compliance with the side setback requirement.

 

On the basis of the above considerations, the proposed development is considered to satisfy the Objectives and Performance Requirements.

 

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.

The proposed development will not directly overlook the rear yard areas of adjoining properties. Complies.

 

 

 

 

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 proposal includes parking for 1 car. Complies.

S1

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

The proposed parking space is 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.

The proposed driveway is 3 metres wide and is set back at least 1 metre from the side boundary. Complies.

S1

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

The proposed driveway is 3 metres at the front boundary. Complies.

S1

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

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

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

The proposed carport is located forward of the building line. Does not comply – assessment below.

S2

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

The proposed garage occupies about 49% of the width of the site frontage. Does not comply – assessment below.

 

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

 

The proposal does not comply with the Preferred Solutions above, in respect of the location of the proposed carport and the amount of site width it takes up.  The carport will present as an obtrusive structure in a streetscape that has regular front setbacks and would, therefore, have an adverse impact on its amenity.  The proposal will also involve the removal of original fabric of the dwelling and loss of soft landscaping that will have an adverse impact on the aesthetic quality of the dwelling.  There is only one carport located forward of the building line in the vicinity of the site along Clovelly Road, at No.81, and the proposed carport would set an undesirable precedent and, further, one that does not comply with the Objectives and Requirements of the DCP.  It is also noted that the provision of the car space does not provide any net benefit in parking provision in the area, as although one space is gained on the site, at least one space is removed from the street.  It is therefore, considered that the proposed carport and parking space should be deleted from the proposal.  An appropriate condition will be imposed with any consent.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not applicable, as additions are not affected by such requirements.

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.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposed development is for relatively minor alterations and additions to the rear of the dwelling and a new carport at the front of the dwelling.  The proposal subject to the deletion of the carport is generally consistent with the Objectives and Performance Requirements of Council’s DCP for Dwelling Houses and Attached Dual Occupancies and will not have any adverse impacts on the streetscape or adjoining properties.  The proposal satisfies all relevant assessment criteria and may be approved subject to appropriate conditions.

 

 

RECOMMENDATION:

 

THAT 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.0642/05 for permission to alterations and additions, including new rear deck at rear and new carport to front of dwelling for 73 Clovelly Road, Randwick, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered A01 to A06, Issue A, dated July 2005 and received by Council on 10 August 2005, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building 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, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

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

 

4.       In order to minimise the visual impact on the streetscape and preserve the consistent front setbacks along Clovelly Road, the proposed carport, hardstand parking space, alteration to front verandah and new driveway shall be deleted from the plans.

 

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.       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.

 

7.       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 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.

 

9.       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:

 

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 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.

 

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.

 

          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.

 

17.     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.

 

18.     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.

 

19.     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:

 

20.     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.

 

21.     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”.

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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.

 

32.     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.

 

33.     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 conditions are applied to provide adequate provisions for access, transport and infrastructure:

 

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

 

a)       Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site;

 

35.     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.

 

36.     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:

 

37.     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, must match the back of the existing footpath along the full site frontage.

 

 

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

 

39.     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.

 

40.     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:

 

41.     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.

 

42.     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.

 

Tree Protection Measures

 

43.     In order to ensure the retention of the Lagunaria patersonii (Norfolk island Hibiscus) on the Clovelly Road nature strip, near the southern boundary, as well as the Banksia integrifolia (Coastal Banksia) within the front yard in good health, the following measures are to be undertaken:

 

a.       All detailed documentation submitted for the construction certificate application shall show the retention of the existing specimens, with any excavations required for footings, structures, paving etc within 2 metres of either of their trunks to be undertaken by hand with all roots being cleanly cut.

 

b.       There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within 2 metres of either of their trunks.

 

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 OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

16 September, 2005

FILE NO:

DA/502/2004/A

 

PROPOSAL:

 Section 96(2)  Modification to delete Deferred Commencement Conditions 1 and 2 relating to deletion of balconies to simplify detailing on street elevation.

PROPERTY:

 40 First Avenue, Maroubra

WARD:

 Central Ward

APPLICANT:

 ABC Planning Pty Ltd

OWNER:

 Mr J & Mrs N Predojevic

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

This section 96(2) application has been referred to the Health Building and Planning Committee for determination as the original approval (subject to deferred commencement conditions) was granted at the Ordinary Council meeting held on 21 September 2004.

 

Approval was granted to demolish the existing dwelling on the site and construct a new two storey dwelling including basement parking, roof terrace and new front fence on 21 September 2004.

 

The application proposes modification of the approved development by deletion of Deferred Commencement Conditions 1 and 2 of the approval which required deletion of juliette balconies to the rear of the dwelling and removal of balconies and façade elements including columns and gable ends from the street elevation of the dwelling.

 

Three submissions have been received from adjoining neighbours. The submissions raise concerns regarding visual privacy impacts from the rear balconies if reinstated and visual bulk and scale impacts of the proposed reinstatement of the balconies to the front of the development. Concern was also raised regarding elements previously approved by Council, such as the roof terrace at the front of the development. These elements are not open to reconsideration under this section 96 application.

 

The main issues for consideration are the privacy and streetscape implications of retaining the balconies and street elevation of the proposal in a similar form to how the development application was originally submitted.

 

The recommendation is for approval of the changes to the streetscape elevation. Reinstatement of the juliette balconies to the rear of the site is not supported as these elements are likely to result in visual privacy impacts to surrounding properties.

 

2.       THE PROPOSAL

 

Approval (subject to deferred commencement conditions) was granted to demolish the existing dwelling on the site and construct a new two storey dwelling including basement parking, roof terrace and new front fence on 21 September 2004.

 

Deferred commencement conditions 1 & 2 of the consent required the following changes to the plans prior to the consent being operational:

 

1.       The two balconies to the first floor southern elevation shall be deleted from the plans. The support columns and associated gable ends shall also be deleted. The associated glass doors shall be converted into standard dimension windows. Any changes to the roof form as a result of the deleted gables shall be hipped in keeping with the approved roof form and be setback to the building alignment.

 

2.       The Juliet balconies to the first floor northern elevation shall be deleted from the plans.

 

The applicant seeks to have both of these conditions deleted and to amend development consent condition 1 (plans for approval) to reflect the plans submitted with the application which show an amended design for the balconies to the street.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of First Ave between in the block bounded by The Causeway (to the west) and Duncan St (to the east). The streetscape is comprised of a mixture of architectural styles and densities. Immediately to the east is a multi unit development constructed some time in the 1960s and to the west is a single storey bungalow of similar design to the dwelling occupying the subject site. It is considered that the subject dwelling is typical of the original built form within this section of Maroubra and is of a scale generally characteristic of this section of First Ave being single storey Californian bungalow. There have been some recent examples of first floor additions which generally retain a consistent simple roof form of the original character of these dwelling houses. There are examples of larger scale dwellings with differing architectural elements to the original built form of the street however these are not typically found within this section of First Ave.

 

The subject site the dwelling is an intact inter-war period bungalow.

 

The site has an area of 348.4m2 with a frontage of 11.43m. the site has a slight fall from the rear to the street of approximately 1.5m.

 

Opposite to the subject site south-western side of First Ave

Looking east from the subject site towards Duncan St

Looking to subject site from the west, the site is obscured behind existing street trees.

 

Opposite the subject site to the south-eastern side of First Ave

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The site was the subject of a development application refusal in 2003 under DA 752/2003. This application was refused on the basis of height, bulk and scale, streetscape character, deficient setbacks and privacy impacts.

 

After refusal of the application Council officer’s met with the applicant to discuss the proposal and alternative designs.  Based on this meeting a new set of plans were submitted to Council as part of a new development application (DA 502/2004). While these plans were generally considered to be acceptable, concerns remained regarding privacy and the bulk and scale of the street elevation of the dwelling and its consistency with the surrounding streetscape. In order to address these remaining concerns, deferred commencement conditions were recommended by the assessment officer and included in the Council’s determination of the application. The deferred commencement conditions have not been satisfied and therefore the consent is not yet operational.

 

The application to modify the consent was lodged on 4 August 2005.

 

5.       COMMUNITY CONSULTATION:

 

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

 

5.1     Objections

 

1.       J and A Simon, 37 The Causeway, Maroubra

 

§  Overlooking from development in general, and juliette balconies in particular to private open space and internal rooms.

 

Comment: The balconies provide opportunities for overlooking of approximately 63% of the rear yard to 37 The Causeway (adjoining to the rear) as discussed in Section 8 below. Due to the likely overlooking impacts from these structures, it is recommended that Deferred Commencement Condition 2 requiring their removal remains on the consent.

 

§  Photos submitted with the application show impact from ground level and not from the first floor level where balconies are proposed and increased overlooking will occur.

 

Comment: It is agreed that the balconies at first floor level will provide increased opportunities for overlooking. Given the substantial balcony areas to the remainder of the dwelling deletion of these elements is not considered critical to the amenity of the dwelling.

 

§  Fencing was approved in original application, however our property adjoins 7 other boundaries and three properties along the rear boundary provide consistent paling fences. The colorbond fence is inappropriate. Suggest colorbond fence be constructed behind existing paling fence on applicant’s property so that both properties can have fence style they require.

 

Comment: The fencing is already approved and is not subject to modifications under this section 96 application. In these circumstances Council cannot impose conditions without approval by the applicant. As this is a fairly minor aspect of the proposal, and was not specifically considered in the previous assessment, Council has contacted the applicant who has agreed to a new condition being imposed that the rear fencing be constructed of timber palings or alternatively that the colorbond fence be constructed on the applicant’s side of the existing paling fence. Condition 57 has been recommended to address this issue.

 

2.       A Vidovic, 3/42 First Avenue, Maroubra

 

§  Concerned regarding the roof terrace which appears as a third storey from the street, adds to the bulk of the building and disharmony with surrounding properties.

 

Comment: The roof terrace has already been approved and the Section 96 modification does not seek to vary this element of the approved design. The streetscape impact of the terrace as considered in the assessment of the existing DA approval.

 

§  Concerned regarding privacy from the roof terrace and also the rear juliette balconies. Concerned about overlooking from the southernmost end of the roof terrace along the glass balustrade. Require the applicant to address the privacy issues or maintain the deletion order.

 

Comment: The roof terrace has approval and Section 96 modification does not seek to vary this element of the approved design. The privacy impact of the roof terrace was assessed prior to granting the existing DA approval and was considered satisfactory. The juliette balconies are to be deleted under the recommendation which seeks to maintain Deferred Commencement Condition 2 to address privacy concerns of neighbours.

 

 

 

 

3.       W D and J A Fitzgibbon, 38 First Avenue, Maroubra

 

§  Reluctantly accepted Council’s approval of the original application which exceeds the allowable FSR on the site subject to deferred commencement conditions. Deferred Commencement Conditions were imposed for good reasons as noted in previous Council officer’s report.

 

Comment:  The street elevation presented in this application is considered to be of a lesser bulk than that of the application as originally submitted. The deletion of the gable ends to the roof terrace required by deferred commencement condition 1 would expose the roof terrace and result in a three storey form to the street. This is considered to be more inconsistent with surrounding development than allowing the gable ends to remain. Glazed balustrading has been used to balconies to ensure that these elements do not result in additional bulk and scale impacts on the street. The objectives of deferred commencement condition 1, being to reduce the bulk and scale of the street elevation are considered to be met by the amended plans.

 

§  Concerned ABC Planning has not provided accurate information with regard to photos taken to illustrate privacy and streetscape impacts of the proposal.

 

Comment:  Information supplied by the applicant with regard to the character of the immediate locality has not been relied upon and Council has undertaken a full assessment. The plans submitted with the application have removed many elements from the street façade to minimise its bulk and scale.

 

§  Concerned that the retention of front balconies and some of the columns will result in increased bulk to the façade and significant increase in length of the dwelling from the preferred solution of 12m.

 

Comment:  Bulk and scale impacts have been discussed above and in section 8, below. The preferred solution referred to by the submission is as follows:

 

S4      The length (depth) of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

 

In this case, the southern boundary is the street frontage of the site. The first floor level (including the balconies) is setback 5.7 metres or more from the southern boundary of the site for its entire length (9 metres). The development complies with this preferred solution despite the reduced setback as a result of reintroducing the balconies to the façade.

§  Do not agree that inclusion of front and rear balconies represents substantially the same development as that approved (without balconies).

 

Comment:  The balconies are ancillary elements to the dwelling. The balconies were included with the original application which was subsequently amended by deferred commencement conditions. As discussed in section 9.1 of this report, the development is “substantially the same” as the original proposal and satisfies the requirement for section 96 applications under the Environmental Planning and Assessment Act.

 

 

 

6.       TECHNICAL OFFICERS COMMENTS

 

Referral of this application was not required.

 

7.       MASTER PLANNING REQUIREMENTS

 

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

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(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.

 

(b)     Dwelling Houses and Attached Dual Occupancies Development Control Plan

 

The proposed modifications do not result in any changes to the numeric compliance of the proposal with the DCP. The DCP objectives and performance requirements for Visual and Acoustic Privacy and Height Form and Materials are the most relevant for consideration in the assessment of the proposed modifications. These aspects have been discussed under Section 10, below.

 

9.       SECTION 96 AMENDMENT

 

9.1     Substantially the same

The application relates to modification of deferred commencement conditions of consent. These conditions did not substantially change the nature of the development as originally submitted by the applicant and similarly deletion of conditions will result in a development that is substantially the same as the existing consent.

 

9.2     Consideration of submissions

 

Submissions have been considered in Section 5.1, above.

 

10.     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.

 

Height, Form and Materials

 

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; to ensure buildings enhance the predominant neighbourhood and street character; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

Performance requirement P2 requires that 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.

 

The design of the street elevation submitted with the original development application was considered to rely heavily on columns and other architectural elements that were inconsistent with the simple single storey forms of the surrounding streetscape. In order to simplify the elevation to be more consistent with the predominant character Deferred Commencement Condition 1 was imposed to minimise number of elements on the façade in order to relate more closely to the simple form of the existing dwellings in the vicinity of the subject site. In particular, the condition required removal of the balconies to the street elevation, two gable ends and supporting columns and modification of the balcony doors to windows.

 

The applicant has submitted amended plans with the application which show removal of all columns to the first floor balcony and removal of all columns on the ground floor balcony except for the easternmost and westernmost columns. The gable ends and balconies to the street elevation will remain. This is contrary to Deferred Commencement Condition 1.

 

The gable ends are proposed either side of the approved terrace within the roof form. The removal of the gable ends would require continuation of the hipped roof form on the eastern side and a continuation of a hipped roof form to the western side. The location of the roof terrace would represent a significant interruption to this type of roof design and would result in two small areas of hipped roof surmounted by a very large gable end (being the wall behind the roof terrace area). This type of solution would also increase the visibility of the roof terrace by exposing a greater area of balustrading, potentially resulting in the dwelling appearing as three storeys above basement parking. With the deletion of the columns to the street elevation, the cumulative impact of the gable ends on the form of the front elevation is lessened. Given the difficulties in resolving the roof forms and the deletion of columns shown on the plans, the changes to the street elevation are considered to be an acceptable compromise.

 

The removal of the columns to the first floor and majority of columns at ground floor level simplifies the street elevation and minimises the bulk and scale of the dwelling as viewed from the street. The condition was imposed to maintain the streetscape, not for visual privacy or amenity reasons. Having considered the improvement these changes have made to the street elevation it is not considered necessary to delete the balcony areas entirely.

 

The proposal as amended will meet the performance requirements of the DCP with regard to streetscape character.

 

 

 

 

Visual and Acoustic Privacy

 

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

 

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

 

The applicant has requested deletion of Deferred Commencement Condition 2 which requires removal of two first floor juliette balconies at the rear of the site. The balconies are well elevated and are setback 5.5 metres from the rear boundary, 2 metres and 2.5 metres from the eastern and western boundaries, respectively. The close proximity of these balconies to the boundaries (notwithstanding that they comply with setback requirements), their elevation from ground level (approximately 3.2 metres) and the number of balcony areas already provided to the dwelling previously raised concerns regarding visual privacy.

 

The applicant argues that the existence of rear balconies which overlook properties that address The Causeway justifies the provision of rear balconies to the subject site which will increase overlooking impacts to these properties. The adjoining multi unit housing development was constructed prior to current planning controls. Further overlooking of properties already affected by inadequate privacy measures cannot be justified under the current DCP controls. Due to the additional overlooking impact of the balconies on properties to the rear of the site and the amenity afforded to the dwelling by extensive balcony areas elsewhere in the proposal it is considered that the balconies should be deleted and Deferred Commencement Condition 2 should stand.

 

11.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12.     CONCLUSION

 

It is considered that the proposed modifications to the street elevation of the dwelling are satisfactory and achieve the intention of Deferred Commencement Condition 1 that was originally imposed on the consent. The development as modified will be substantially the same as the approved scheme and therefore it is recommended that Deferred Commencement Condition 1 be deleted from the consent.

 

The proposed reinstatement of the balconies to the rear of the dwelling are likely to result in visual privacy impacts as a result of their proximity to the rear boundary and therefore Deferred Commencement Condition 2 requiring their removal is recommended to remain on the consent.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its consent under Section 96(2) of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 502/2004 on property 40 First Avenue, Maroubra in the following manner:

 

1.       Delete Deferred Commencement Condition 1

 

2.       Amend Development Consent Condition No. 1 to read:

 

1.       The development must be implemented substantially in accordance with the plans numbered 1 of 8 through to 8 of 8 Issue A dated 27/05/04, and received by Council on 22 June 2004, the application form and on any supporting information received with the application, except as may be amended by the Section 96 plans numbered 1 of 8 through to 8 of 8 Issue D dated 27/05/04 and stamped received by Council on 4 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 the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

3.       Add the following Condition:

 

57.     The rear boundary fencing is to be constructed of timber palings of a maximum height of 1.8 metres. Alternatively, the applicant may construct a colorbond fence with a maximum height of 1.8 metres behind the existing boundary fencing so that it is not visible from 37 The Causeway. This condition is imposed to keep consistent fencing to the boundaries of 37 The Causeway. Details are to be submitted with the Construction Certificate application.

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

9 September, 2005

FILE NO:

DA 596/2005

 

PROPOSAL:

 Ground floor alterations and additions to the rear of the dwelling and the erection of a new double garage and front fence to the front of the property.

PROPERTY:

 53 Balfour Road, Kensington

WARD:

 West Ward

APPLICANT:

 Ms L Effendi

OWNER:

 Ms L Effendi

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillor’s Nash, Kenny & Belleli.

 

The application details alterations and additions to the rear ground level of the existing dwelling house which includes a new open plan family room and kitchen, and internal alterations to the dwelling to reconfigure the floor plan, these additions will provide for 55m² of additional floor area to the dwelling. It is also proposed to create a covered paved terrrace to the rear and undertake landscaping to the rear garden, including formal border planting and the demolition of existing outbuildings.

 

At the front of the property it is proposed to erect a new double garage sited 1000mm from the street and 900mm from the southern side boundary and landscape and terrace the front garden and provide for paved pathways to both sides of the dwelling.

 

An objection has been received to the development application from the owners of the adjoining property at 51 Balfour Road Kensington wherein concerns for overshadowing, loss of privacy and the impact of the siting of the proposed garage were raised.

 

The application is recommended for approval subject to conditions.

 

2.       THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is located on the eastern side of Balfour Road between Salisbury Road and Duke Street and is presently occupied by an existing single storey dwelling.  The site has a frontage width of 15.24m, a side boundary depth of 45.265m and has an overall site area of 690m². The site falls from the rear to the street frontage with a difference in levels of up to 3m.  Neighbouring the property is a mixture of single and two storey dwellings and in Salisbury Road a number of multi unit housing developments, opposite the site is the Raleigh Park development which contains two and three storey dwellings and multi unit housing development.

 

3.       SITE HISTORY

 

There is relevant application history relating to this premises. As a result of concerns raised by the adjoining neighbour with respect to overshadowing, additional details have been prepared by the applicant which indicate the amount of additional overshadowing that would be cast by the proposed garage upon the front yard area of the adjoining premises. These shadow diagrams are on file.

 

4.       COMMUNITY CONSULTATION:

 

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

 

4.1     Objections

 

T Trumble and Z De Sousa, 51 Balfour Road Kensington

 

Issue

Comment

No shadow diagrams were submitted with the application and the new rear structure will impact upon the amount of northerly sun in the rear of their property and the new garage structure will obstruct sunlight to the front garden and section of the house.

Shadow diagrams are not usually required for single storey additions however, an assessment of the subject and adjoining premises on site indicates that whilst there may be a loss of some sunlight due to the orientation of the site, the degree of additional overshadowing to the site would not be significant enough to justify the refusal or amendments to the proposal on the basis of overshadowing alone. See detailed assessment of overshadowing in Section 7.

There will be a loss of privacy from the windows to the kitchen and laundry.

A condition of consent is included to require that these windows be hopper style windows and obscured glazing.

A dilapidation report should be prepared prior to demolition or excavation.

A condition of consent is included to require this report to be prepared prior to construction commencing.

The proposed garage is close to a gas metre and street telephone service.

A standard condition of consent is included to require that these utilities be located and protected or relocated as part of this development.

Support the proposed garage but prefer it to be resited to the other side of the site because there may be structural damage to their premises and impact upon their front garden with respect to overshadowing. If the double garage is approved they may seek to enlarge their garage to also be a double garage.

There is a discernible pattern of garages or driveways being sited on the right hand side of the allotment for properties in this immediate section and side of Balfour Road, including the objector’s premises and others to the north and south of the subject site.

From a streetscape perspective, the separation of the garage structures between the sites is supported rather than having them located close together, which it is maintained would set a poor precedent.

Also the resiting of the proposed double garage to the northern side of the site would result in a combined vehicular crossing width with the existing double garage to the north of about 10m which is excessive and again undesirable in streetscape terms.

Visually the proposed roof structure is large and disjointed and presents stormwater disposal issues.

There are no objections to the proposed design of the roof in that it is not of an unusual nature and will not result in any adverse impact upon the amenity of the adjoining premises and stormwater disposal can readily be achieved utilising box gutters between the existing and new sections of the roof.

 

5.       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.

 

6.       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.

 

6.1     Development Control Plans

 

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.

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 120sqm. Complies.

S6

20% of the total site area has permeable treatment.

40% 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 0.5:1 applies. 

The proposed FSR is 0.41:1. 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 3.8 metres. Complies.

S3

Cut or fill does not exceed 1m.

Complies.

S3

No excavation within 900mm of a side boundary.

Complies.

Building Setbacks

 

Preferred Solution

Assessment

S2

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

No change to existing rear setback.

S3

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

The proposed development is set back 0.9 metres from the side boundaries. Complies.

Garages and car parking structures

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 2 cars. Complies.

S1

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. Does not comply see assessment below.

S1

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

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

S2

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

Does not comply – see assessment below

S2

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

The proposed garage occupies about 38% of the width of the site frontage. Does not comply – see assessment below.

 

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

 

Given the context of the streetscape of this section of Balfour Road which includes a number of similarly sited garages to the front of dwellings and multi unit housing development, an argument that this garage will have an adverse impact upon the local streetscape cannot be supported. Therefore, in this instance, there are no major objections to the garage being sited up to 1000mm from the street frontage and it is considered that the garage overall will comply with the objectives and performance requirements of the DCP by not detracting from the appearance of the dwelling and the existing streetscape.

With respect to the width of driveway there are no major objections to this width in that it is consistent with the other driveways in this section of Balfour Road.

 

Fences

 

Preferred Solution

Assessment

S1

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

Complies.

 

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

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

A condition of consent is recommended to require that the new windows to the kitchen and bathroom be hopper style with obscured glazing which will maintain privacy to the adjoining property.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

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.

 

7.       CONCLUSION

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

RECOMMENDATION:

 

THAT 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. 596/05 for permission to carryout alterations and additions to the dwelling including a new garage to the front of the premises at 53 Balfour Road, KENSINGTON  NSW  2033 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 0501, 1 & 2, issue A, dated July 2005 and received by Council on the 26th July 2005, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The 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, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

3.       The design, materials and colour of the roofing to the proposed building/s are required to match, as closely as possible, the existing roof.

 

4.       The external walls of the dwelling must be located not less than 900mm from the boundary.

 

5.       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.

 

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

 

7.       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 the adjoining premises at 51 Balfour Road Kensington.

 

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.

 

8.       The windows to the kitchen and laundry are to be hopper style windows with obscured glazing to maintain privacy to the adjoining premises and details are to be provided with the Construction Certificate application.

 

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

 

9.       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.

 

10.     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.

 

11.     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:

 

12.     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.

 

13.     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:

 

14.     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.

 

15.     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.

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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”.

 

20.     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.

 

21.     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.

 

22.     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.

23.     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.

 

24.     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:

 

25.     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.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

         

31.     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.

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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.

 

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

 

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

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

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

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

 

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

 

a)       Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site;

 

39.     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.

 

40.     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:

 

41.     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, must match the back of the existing footpath along the full site frontage.

 

42.     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.

 

43.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $121.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

44.     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.

 

45.     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:

 

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

 

47.     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.

 

 

ADVISORY MATTERS:

 

A1     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.

 

A2     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.

 

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

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

22 September, 2005

FILE NO:

DA0003/2005

 

PROPOSAL:

 Erection of a 4-level multi-unit development containing 44 self-care apartments for seniors including basement carparking for 57 vehicles.

PROPERTY:

 1-3 Jenner Avenue, Little Bay (formerly known as 1430 Anzac Parade, Little Bay)

WARD:

 North Ward

APPLICANT:

 Multiplex Developments NSW

OWNER:

 Landcom

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

The subject application is for the erection of a four level multi-unit development containing 44 self-care apartments for seniors/older persons including basement carparking for 57 vehicles. The site is vacant land located in the eastern section of the Prince Henry site at the intersection of Anzac Parade and the new road, Jenner Street.

 

The proposal is permissible under Randwick Local Environmental Plan 1998 and complies with the controls contained in the LEP with the exception of the 1:1 maximum floor space ratio as the proposal will have an FSR of 1.36:1. An objection under the provisions of State Environmental Planning Policy No.1 (SEPP No.1) has been submitted in relation to the breach of the maximum FSR control. These non-compliances have been assessed and found acceptable as the proposed building will not be visually intrusive or bulky and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views.

 

The proposed development was initially referred to the Heritage Council of NSW as integrated development as the subject site is located within the Prince Henry conservation area which has been gazetted in the State Heritage Register. In the course of the assessment of the development application, site specific exemptions for the Prince Henry site were gazetted on 17 June 2005 which essentially exempt development in the Prince Henry site within Precincts 1 to 5 (as described in the Prince Henry Development Control Plan) from referral to the Heritage Council as integrated development as well as from the need to submit a s60 application under the Heritage Act if they comply with the Randwick LEP 1998 and Prince Henry DCP. The Heritage Council subsequently advised that the subject proposal meets the criteria for site specific exemptions from referral to the NSW Heritage Council as integrated development as well as from the need to submit a s60 application under the Heritage Act notwithstanding the non-compliance with the FSR standard in the Randwick LEP 1998. Accordingly, the Council has recommended appropriate conditions of consent be applied should approval be granted for the application.

 

The application is consistent with the provisions of the Prince Henry Development Control Plan with and the exception of maximum FSR as discussed above.

 

The proposed older persons self-care apartments was 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 number of dwelling units, building footprint and carparking numbers. The departure from these requirements has been assessed and found to be acceptable for the following reasons:

 

§  the proposal has a height, bulk and scale that will not be visually intrusive and will be sympathetic in its context and setting within the Prince Henry site and therefore is not considered an overdevelopment. In this regard, the SEPP 65 Design Review Panel and the NSW Heritage Council have raised no objections to the design, bulk and scale of the proposal with the former regarding the architectural quality of the proposal to be highly commendable, and the latter exempting the proposal from integrated development approval.

§  the proposal results from detailed design whereas the Master Plan is based on indicative/conceptual building footprints

§  the proposal needs to be considered in the context of three development applications (DA Nos. 3/2005, 4/2005 and 43/2005) lodged by the applicant for aged housing in the Prince Henry site – in particular, the FSR for the approved DA 43/2005 is 0.65:1, well below the permissible 1:1 maximum FSR – so that when averaged across the three relevant sites the average  additional FSR is 0.97:1.

§  the proposal complies with the maximum building, wall and storey heights, setbacks and landscaping requirements of  the Prince Henry DCP. 

§  the proposal involves the provision of seniors living accommodation which meets a specific growing demand in the community  in the context of an increasing aging population.

§  the parking provided to the development has been increased by 47 spaces over that considered adequate in the Master Plan to ensure no additional off-site parking impact results from the increase in dwelling units.

 

Notwithstanding the above reasons, a Section 94 contribution will be applied to the increase in the number of dwelling units above that indicated in the Master Plan.

 

The recommendation is for approval of the application subject to conditions.

 

2.       THE PROPOSAL

 

The proposal is for the erection of a four level multi-unit development containing 44 self-care apartments including basement carparking for 57 vehicles. Specifically, the proposal will comprise the following:

 

7 x one bedroom units

19 x two-bedroom units

18 x three bedroom units

 

The proposed building will contain the following uses:

 

Lower Ground Floor  (Basement)

 

·        57 resident and 11 visitor carparking spaces

·        Storage space

·        Mechanical switchboard room

·        Communications and services rooms  

 

Ground Floor Level

 

·        Lobby/Common Room

·        3 x 1 bedroom units

·        5 x 2 bedroom units

·        3 x 3 bedroom units

·        Toilet facilities

·        Office

·        Storage space

·        Central external courtyard

·        Vehicular access from the new road, Jenner Street, to the basement carpark via a carparking ramp with gradient of 1:8.25 plus transition zones of 1:10, two stairways and three separately located lifts.

·        Pedestrian access from Jenner Street, via the main entry foyer on the northern side of the building, central courtyard, and stairways from the basement carpark.

 

First Floor Level

 

·        3 x 1 bedroom unit

·        7 x 2 bedroom unit

·        3 x 3 bedroom unit

 

Second Level

 

·        1 x 1 bedroom unit

·        7 x 2 bedroom unit

·        4 x 3 bedroom unit

 

Third Level

 

·        8 x 3 bedrooms unit

 

Access into the site will be provided via a new road, Jenner Street, which will be formed in accordance with the Master Plan. This road will connect with Anzac Parade.

 

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 site, now referred to as 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 and 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 a development precinct identified in the adopted Master Plan for the Prince Henry site. The subject site is known as Lot 9 in DP 1064600. The site is also referred to as Lot 17 in Council’s Prince Henry Site DCP (the DCP). The subject site is located on the eastern side of Anzac Parade and comprises vacant land in the form of a regular-shaped parcel with an area of 4,055 sqm.

 

The subject site is bounded by Anzac Parade to the west, the new road, Jenner Street, to the north, the created Oval Park to the east and other land forming part of the overall development precinct to the south.

 

4.       SITE HISTORY

 

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.

 

The 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 development applications has been approved for proposals ranging from the demolition of identified buildings and the decontamination and rehabilitation of land to the erection of buildings for specific social/community bodies and infrastructure, civil and streetscape works, as listed below:

 

DA No.

PROPOSAL

DETERMIN-ATION

DATE

831/2002

Adaptive re-use of Flowers ward & Henrys Trading Post for the Prince Henry Nurses Assoc. Museum.

Approved

8/10/2002

 

948/2002

Demolition of 41 buildings and partial demolition of 5 buildings within the Prince Henry Hospital site.

Approved

17/12/2002

1061/2002

Refurbish existing pedestrian access to Little Bay beach.

 

Approved

10/1/2003

1188/2002

Demolition of buildings within the Prince Henry Hospital Site and Site Remediation

Approved

28/2/2003

282/2003

Convert existing building into a marketing office

Approved

15/7/2003

443/2003

Stage 1 infrastructure works at the former Prince Henry Hospital Site comprising predominantly roads & services

Approved

8/12/2003

830/2003

New detoxification health facility including new buildings for the Womens Alcohol and Drugs Advisory Centre operable 24 hours

Approved

16/12/2003

862/2003

New road and associated infrastructure landscaping and fencing landscaping, pit cover and front boundary fences.

Withdrawn

16/12/2003

1043/2003

Amended details for DA 1043/03 for northern streetscape works for the redevelopment of the Prince Henry Hospital

Approved

21/12/2004

1102/2003

Stage 3 - infrastructure and streetscape works located adjacent to the northern boundary of the site, (lot 1 DP 1002512) being The Prince Henry Hospital site. Including road construction, landscaping and other civil works

Approved

31/12/2004

290/2004

Erection of a new part one and three storey building for use as an Aboriginal Health and Medical Research Centre - hours of operation Monday to Friday 8.30am to 6pm.

Approved

7/9/2004

640/2004

To demolish the University of NSW Australian Graduate School of Management facility (building and garage).

Approved

28/10/2004

845/2004

Infrastructure and Streetscape Works, including a new loop road, stormwater drainage, earthworks, and other associated civil and landscape works in the observation park and development lots in the former Australian Graduate School of Management (AGSM) site and associated lands. (Heritage Conservation Area)

Approved

2/3/2005

1012/2004

Infrastructure works, including construction of buffers, realignment of water courses, establishment of riparian zones and construction of a new pedestrian bridge (Heritage Conservation Area).

 

Approved

1/6/2005

1103/2003

Consolidation of part closed road with 1430 Anzac Parade and re-subdivision to create 23 community lots and 29 neighbourhood lots.

Approved

16/3/2005

43/2005

Construction of a 2-4 storey Aged Care Facility comprising 124 bed spaces and basement carparking for 43 vehicles

Approved

28/6/2005

274/2005

Community title sub-division to create 13 community allotments and 17 neighbourhood lots.

Approved

20/7/2005

 

Development Application 1188/02 was granted development consent and provided for the demolition of hospital buildings and the remediation of the hospital site and parts of the golf course to remove identified areas of contamination. The demolition works have been carried out and the remediation works are continuing.

 

A prelodgement meeting was held on 10 June 2004 (PL 31/2004) to discuss development concepts for multi-unit housing for seniors on the subject site as well as on Lots 18, and a residential care facility on Lot 58 of the Prince Henry Hospital site.

 

5.       COMMUNITY CONSULTATION

 

5.1     Advertising/Notification

 

The proposal was notified as “integrated development” for a period of 30 days in accordance with the EP&A Act 1979 (as amended). A notice was placed in the local newspaper and on-site, and letters were sent to adjoining and adjacent landowners advising of the proposal and inviting comment and submissions. No submissions were received in response to the proposal.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Heritage Comments

 

Council’s Heritage Planner advises as follows:

 

“The subject site is located within the Prince Henry Heritage Conservation Area with the site and various buildings identified on the State Heritage Register.  The site has been subject to a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and a Heritage Impact Statement for the Masterplan all prepared by Godden Mackay Logan.  The former hospital site is to be converted for mixed residential use.

 

The site features various cultural, natural and Indigenous heritage values including buildings used by the Coast and Prince Henry Hospitals.

 

Several previous DAs for the demolition of existing buildings on the site, together with site remediation, temporary structures and infrastructure works have been approved.

 

The specific site of the proposal is Lot 9 located in the DCP Precinct 2 towards the north west of the hospital site.  It is bounded by Anzac Parade to the west, a new curvilinear road to the north, the oval to the east and another lot identified for new development to the south.  The site is currently vacant with the closest significant buildings being the gates and gatehouse to the south and the Artists Cottages to the east.  The oval is also identified as a landscape element of some significance.

 

This proposal is for the construction of a new aged care facility on Lot 9 of the site.  The prosed four storey aged care residence with basement car parking is configured in a u-shape and features slightly curved elevations to the east and west.

 

A Heritage Impact Assessment, prepared by GSA Planning Pty Ltd, was submitted with the application.  The Assessment argues that the proposal will have no impact to the heritage values of the site, the nearby significant buildings or the significance or the place as it accords with the built form recommended in the Draft DCP.

 

As the proposal adheres to the height, bulk, form, scale, mass and siting of the Draft DCP it generally raises no concern in regard to heritage conservation.  The site is considered to be sufficiently divorced from the closest heritage buildings with other buildings to be proposed between the subject site and those significant buildings.  The proposal responds to the curvilinear alignment dictated by the oval and new street pattern.  The articulation of the elevations is appropriate with the use of balconies, recessed and projecting elements, various materials and finishes and operable screens.  The proposed is openly contemporary and it is appropriately identifiable as a new building element in the area while its materials and finishes are also appropriate and do not detract from the heritage elements in the area.

 

Recommendations: 

·        The site is to be subject to any recommendations or conditions regarding archaeology from the NSW Heritage Office.

·        Prior to any ground disturbance, further consultation should occur with the LPLALC (La Perouse Local Aboriginal Land Council) to establish appropriate statutory management process in the unlikely event that aboriginal relics are recovered.

·        The site should be managed for unexpected finds (relics) in accordance with the requirements of the NSW Heritage Office.”

 

Comment : The Heritage Planner’s recommendations have been adequately addressed by way of recommended conditions issued by the Heritage Council of NSW (see Section 6.5 below).

 

6.2     Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

“An application has been received for the construction of an aged care residential flat building at the above site containing 44 units, with basement carparking for 67 vehicles.

 

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

 

§  Basement Plan, Drawing L09-A03E by Eles Trelease Pty Ltd dated 6/7/2005

§  Basement plan, Drawing Lot 9 Sk03a by Eles Trelease Pty Ltd undated

§  Waste Report by Elephant’s Foot Waste Compactors Pty Ltd received 12/7/2005

 

Bushland Management Comments

The Planning Officer should determine whether a copy of the application should be referred to an external bushland consultant for comment and conditions.

 

Land Ownership Comments

The proposed development site includes a portion of land along the Anzac Parade site frontage which was previously owned by Randwick City Council. It is understood that the applicant has completed negotiations with Council regarding the sale of this land.

 

Traffic Comments

The Planning Officer should ensure the proposed parking provisions are adequate. It is noted that the total number of parking spaces provided is only 67 spaces. Consequently, should the proposal be assessed on the basis of the self care units being a ‘multi-unit development’, the parking provisions may be deficient. 

 

Traffic Generation

The submitted Statement of Environmental Effects notes that the traffic generation for the development site is greater than that approved in the Masterplan; as an additional 20 units have been proposed above the 24 unit development initially approved. This will result in additional traffic generation of approximately 30 DVTs (daily vehicle trips) 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, however, comments and/or conditions have not yet been received from the SRDAC.

 

The Planning Officer should ensure that appropriate consideration is given to the comments from the SRDAC prior to the issuing of development approval.

 

Vehicular Access

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.

 

The driveway opening at the NR3 street frontage shall be 6.00 metres wide (clear width).

 

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.

 

Drainage Comments

Stormwater runoff from the site shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. The subject drainage strategy shows 0.33 Ha (part lot 9 and part lot 11) being drained through the oval into the bio-filtration swales.

 

It is noted that strict compliance with the above stormwater arrangement will necessitate a drainage easement being created through Lot 9 to facilitate flows from Lot 11 being discharged through Lot 9 into the underground drainage system within the Oval. To simply the drainage arrangement, the applicants hydraulic consultant has indicated that the full 0.33 Ha that should to be drained back through the oval may be taken from Lot 9 so that the section of Lot 11 (shown to be draining into Lot 9) may be discharged directly to Anzac Parade. It is noted that 0.33 Ha constitutes approximately 80% of Lot 9.

 

This arrangement effectively eliminates the need for a drainage easement to be created through the site.

 

The following condition has been included in this report to ensure that stormwater is managed in general accordance with the Prince Henry drainage strategy (with minor alterations as detailed above):

 

Stormwater runoff from the site shall be managed in general accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve 80% of all stormwater runoff being drained in an easterly direction through the drainage easement created over Lot 8 (The Oval) and into the biofiltration swales.

 

All site stormwater which is not discharged to the biofiltration swales, shall be discharged to the underground drainage system in Anzac Parade via a new or existing kerb inlet pit.

 

Waste Management Comments

In our previous memo dated 17 January 2005 the applicant was advised of the following:

 

For a development of this size, the property will be required to have garbage compactor/s installed to minimise the number of bins to be presented kerbside for collection.

 

Adopting a compaction ratio of 2:1, the residential garbage room/s shall be sized to contain the compactor/s plus an additional 11 x 240 litre bins. It is noted that the garbage compactor area/s is to be separated from the common garbage bin area/s via a locked door, to ensure it is not accessible to the general residents. Furthermore, the compactor system shall be managed by a caretaker.

 

It is noted that compactor/s should be fed by the garbage chute system/s, and full garbage bins only transported to the nominated collection point. Consideration may be given to several garbage chutes being provided from common areas, which could be utilised by all residents of the development site.

 

The applicant shall be requested to amend the plans to show the provision of suitably sized garbage room area/s containing garbage compactor/s being fed by the proposed garbage chute systems. It is noted that this may require the reconfiguration of the basement carpark.

 

A minimum of 2 x 240 litre garbage bins shall be located outside of the compactor area to facilitate disposal of non-recyclable residential garbage which cannot fit into the compactor.

 

Recyclables shall not be compacted. The residential recycling room/s shall be separated from the compactor room/s and shall be sized to contain a total of 22 recycling bins whilst providing satisfactory access to all bins.

 

The applicant shall submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for the development, post construction.

 

Subsequent to the applicant being advised of the above requirements, a Waste Management Plan by Elephant’s Foot Waste Compactors Pty Ltd (undated) was submitted to Council and referred to Council’s Waste Compliance Officer for comment. The following comments were provided in response to this submission:

 

 1. Sufficient space has been allocated within the waste storage area to contain the required number of bins. In the garbage storage room, space has been allocated for the storage of additional garbage bins, taking into account that garbage bins are required to be under the chutes at all times.

 

2. A waste compactor has been proposed for the central garbage storage area. Drawing Lot 9 Sk.03a Basement Plan shows garbage bins positioned around the waste compactor. Allowance should be made for a safe working area around the waste compactor as recommended by the manufacturer.

 

3. It is proposed that a caretaker will be responsible for managing the waste system, including transporting recyclable material collected on each level to the central bin storage area, transporting bins between each of the three garbage chute rooms and the central bin storage area, operating the waste compaction unit and transporting full bins to the nominated collection point. These arrangements are dependant on the appointment of a caretaker and the development application will need to be conditioned in this regard.

 

It is recommended that the following conditions be included in any development consent issued for the site:

 

1.       A caretaker is to be employed on an ongoing basis to manage the waste systems as described in the waste management plan, prepared by Elephant's Foot Waste Compactors Pty Ltd (received by council on 12/7/2005).

 

2.       Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to the accredited certifier and have approved plans showing a safe working area allocated around the waste compaction unit.

 

3.       The garbage storage areas are to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

It is noted that the Development Engineer has included the above conditions in this memo.

 

Landscape Comments

All existing vegetation has been previously removed in conjunction with site remediation and topographical adjustment works, with new infrastructure such as roadways, footpaths and street trees already provided in this specific area of the site.

 

A concept landscape plan has been submitted with this application; however, further details need to be provided prior to the issuing of a construction certificate.

 

Should the application be approved appropriate  conditions shall apply.

 

6.3     Building Services Comments

 

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

 

The Proposal

 

The proposal provides for the construction of a new 4 storey Multi Unit Housing residential development with basement car parking.

 

BCA Building Classification

 

Class          -        2      (Residential Units)

Class          -        7a    (Carpark)

 

Background

 

The site is part of the old Prince Henry hospital site.

 

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:

Access and facilities for people with disabilities is required under Councils MUH DCP and the plans appear to meet the requirements. A condition is attached to confirm this requirement.”

 

6.4     Environmental Health Comments

 

The proposal

 

The proposal is for 44 self care apartments to be located on Lot 9 (4055 m2) with basement car parking for 57 vehicles.

 

Key Issues

 

Land Contamination

The subject land is being remediated as per DA 1188/02 (as amended). The site remediation and validation has not been completed to date. A site audit statement has not been submitted. Appropriate conditions are to be imposed on approval.

 

Acoustics

Part of the proposed aged – self care apartments face Anzac Pde and an acoustic report have been submitted with the development application. Further investigation and reporting/validation are required (as detailed in the report). Appropriate conditions are to be imposed on consent.”

 

RECOMMENDATION

 

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

 

6.5     Heritage Council of NSW Comments

 

The Heritage Council advises as follows:

 

“As the above site is listed on the State Heritage Register (SHR), DA3/2005 was referred to and received by the NSW Heritage Office on 16 February 2005 as an Integrated Development Application. 

 

As you are aware site specific exemptions for the Prince Henry site were gazetted on 17 June, 2005.  The exemptions apply to development at the Prince Henry site within Precincts 1 to 5 (as described in the Prince Henry Development Control Plan) which complies with the provisions of the Randwick Local Environmental Plan (LEP) and Development Control Plan (DCP).  The purpose of the site specific exemptions is to exempt complying development from the need for referral to the NSW Heritage Office and NSW Heritage Council as an integrated development application as well as from the need to submit a s60 application under the Heritage Act.

 

Although the subject application was submitted prior to the gazettal of the exemptions, it comes within the scope of the exemptions.   This issue was discussed with Randwick Council's officers David Ongkili and Lorraine Simpson.  As the subject lot is located in Precinct 1 and it was agreed that the proposal was found to comply with the DCP, it is covered by the provisions of the site specific exemptions. 

 

The Heritage Office and Randwick Council have agreed to consult further to prepare and include text in the DCP to advise prospective applicants as to the role and scope of the exemptions as well to identify the relevant DCP sections where any non-compliance may trigger referral to the Heritage Office.  In light of this, it is noted that a SEPP 1 Objection was submitted with the above application requesting a variation to increase the allowable floor space ratio (FSR) for the lot.  As part of the assessment of the proposal, the SEPP 1 objection was considered.  The requested increase in FSR will not result in a variation in the proposal's height or building setbacks established under the DCP.  Accordingly the variation will not result in an adverse impact on the heritage significance of the Prince Henry site or nearby significant fabric. 

 

Concerning the management of the site's archaeological resources, it is noted that the subject lot is located in an area of the site which has been subject to demolition and remediation works in accordance with approved excavation permits issued by the Heritage Office.  Godden Mackay Logan, Landcom's heritage consultant, have advised the Heritage Office that there is now minimal potential for archaeological resources within the subject lot.  Nevertheless, it would be the following conditions are recommended to be appended to any approval of the proposal to deal with the unlikely event that any objects are found:

 

Aboriginal Archaeology

 

1)      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 resumes;

 

2)      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 by way of an induction process and of the possibility that more as yet undiscovered Aboriginal cultural material may exist there;

 

3)      Site contractors are to be advised of their obligations under the National Parks and Wildlife Act 1974 (NSW) and notification procedures in the event that any Aboriginal cultural material is disturbed or exposed during site works;

 

Historical Archaeology

 

4)      Prior to the commencement of any subsurface disturbance (excavation), all those involved are to be made aware of the potential for historical archaeological relics to survive within the area.  This is to be done through a site induction, which also notifies all involved of their obligations under the Heritage Act 1977 (NSW); and

 

5)      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.”

 

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.  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. 

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1     Randwick Local Environmental Plan 1998

 

The Prince Henry Hospital site is zoned Residential 2D, Open Space 6A, and Environmental Protection-Natural Heritage Areas Zone 7 under the Randwick Local Environmental Plan 1998. The subject site is zoned Residential 2D. The proposal is permissible with development consent.

 

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

 

Clause 40        Excavation and filling of land

Clause 40A     Master plans

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

 

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

Proposal

Complies

Maximum number of storeys

4

4

Yes

Maximum FSR

 

1.0:1

1.36:1

No (SEPP No.1 Objection submitted)

Maximum Wall Height

14m

14m

Yes

Maximum Building Height

15m

15m

Yes

Minimum Landscaped Area (%site area)

40%

64%

Yes

Minimum soft landscaping (% site area)

20%

49%

Yes

 

8.2     Relevant State Environmental Planning Policies

 

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

 

·        State Environmental Planning Policy – Seniors Living

·        State Environmental Planning Policy No. 19 – Bushland in Urban Areas

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

·        State Environmental Planning Policy No. 71 – Coastal Protection

·        State Environmental Planning Policy – State Significant Development

 

The application of these policies to the proposal is addressed in Section 10.1 below.

 

9.       POLICY CONTROLS

 

9.1     Prince Henry Development Control Plan

 

The Prince Henry DCP applies to the developable land within the Prince Henry Site and contains controls that are specifically precinct based. The subject site lies within Precinct P1 and, as such, is subject to the following specific precinct controls:

 

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

4

4

Yes

Maximum FSR

 

1:1

1.36:1

No (SEPP 1 Objection submitted)

Maximum Wall Height

14m

14m

Yes

Maximum Building Height

15m

15m

Yes

Minimum Landscaped Area (%site area)

40%

64%

Yes

Minimum soft landscaping (% site area)

20%

49%

Yes

Front Setback (to Jenner Street)

6m

6m

Yes

Side Setbacks:

 

West

East  

 

 

 

 

3.4m

4m

 

 

7m

4m

 

 

Yes

Yes

Rear Setback (South)

6m

6m

Yes

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 dwelling houses are assessed in Sections 10.2 and 10.3 below where any inconsistencies between the proposal and these performance criteria are discussed accordingly.

 

9.2     Development Control Plan – Parking

 

The DCP – Car Parking requires carparking for self-contained aged housing to be provided at the rate of 0.5 spaces per bedroom. Applying this rate to the proposed development, the proposal will require 50 carspaces. The proposal provides for 57 carspaces which comply with the DCP (see Section 10.2.2 below also).

 

9.3     Section 94 Contributions Plan

 

Section 94 contributions are not payable for developments that meet the Master Plan standards and requirements as the open space and community facility provisions in the Master Plan were designed to meet the requirements of the projected number of residents established in the Master Plan. Given that the proposal exceeds the projected number of dwellings established the Master Plan by 20 units, it is considered appropriate that this number be subject to a section 94 contribution calculated as follows:

 

Dwelling Type

Master Plan

Requirement

Proposed

Excess dwellings subject to

Section 94 Contribution under Council’s Section 94

Contributions Plan

1 Bedroom

7

7

Nil

2 Bedroom

10

19

9 x $1792.88 (open space)              = $16,135.92

9 x $792.72 (community facilities) = $7134.48

3 Bedroom

7

18

11 x $ 2732.00 (open space)           = $30,052.00

11 x $1208.00 (community facilities)=$13,288.00

 

 

 

TOTAL                                               $66,610.40

 

9.4     Rainwater Tanks Policy, 2003

 

Council’s Rainwater Tanks Policy requires installation of rainwater tanks for all residential development. Council’s Strategic Planner has advised that the requirement for rainwater tanks does not apply in the subject site as the stormwater from the site will be harvested into designated storage ponds to contribute to the whole of Prince Henry site irrigation needs under the total water cycle strategy of the DCP. The Master Plan also recommends collection of roof water for irrigation as per the total water cycle strategy. Accordingly, the subject site is exempt from Council’s Rainwater Tank Policy. Notwithstanding this, the applicant has submitted a Sustainability Report detailing all ESD measures to be applied in the proposed development including the use of water conservation strategies detailing, amongst other things, the use of high efficiency fixtures and fittings and water-saving landscape irrigation systems.

 

10.     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.

 

10.1             Statutory Controls – S79C(1)(a)

 

10.1.1         Section 91 EP&A Act (Integrated Development)

 

Section 91 of the EP&A Act relates to development that requires development consent and one or more other approvals under relevant nominated Acts. The former Prince Henry Hospital site is located within a conservation area, which has been gazetted in the State Heritage Register, so that any development proposal requires the consent of the Heritage Council of NSW. Accordingly, the application was referred to the Council as integrated development.

 

As discussed above, site specific exemptions for the Prince Henry site were gazetted on 17 June, 2005. The exemptions apply to development at the Prince Henry site within Precincts 1 to 5 (as described in the Prince Henry Development Control Plan) which comply with the provisions of the Randwick Local Environmental Plan (LEP) and Development Control Plan (DCP).  The purpose of the site specific exemptions is to exempt complying development from the need for referral to the NSW Heritage Office and NSW Heritage Council as an integrated development application as well as from the need to submit a s60 application under the Heritage Act. On 26 June 2005, the Heritage Council of NSW advised that although the subject application was submitted prior to the gazettal of the exemptions, the application comes within the scope of the exemptions.  As the subject lot is located in Precinct 1, the proposal was considered to comply with the DCP, and it would be covered by the provisions of the site specific exemptions. The Heritage Council has recommended appropriate conditions of consent be applied should approval be granted for the application.

 

10.1.2         Randwick Local Environmental Plan 1998

 

Clause 30A (2)    Development of certain Land in Zone No 2D (Floor Space  Ratio)

 

A floor space ratio of 1:1 is applicable to the subject site pursuant to Clause 30A (2) of Randwick Local Environmental Plan 1998. The new development has an overall floor space ratio of 1.36:1. The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 30A (2) of Randwick LEP No 1998 is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

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

 

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

 

2.       The underlying object or purpose of the standard

 

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

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

 

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

 

The proposed development will be consistent with planning objectives for the locality in that it will promote the redevelopment of the Prince Henry Site especially in the provision of aged housing in the designated allotment as required in the Prince Henry Master Plan and DCP. The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for a specific residential use (ie., for seniors living) in the Prince Henry site with minimal adverse environmental and amenity impacts on neighbouring uses and  locating these in close proximity to public transport, regional centres and services.

 

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

 

It is considered that a development compliant with the prescribed FSR control would be unreasonable in the subject site in that it would not achieve a reasonable level of redevelopment that would be feasible for an aged self-care housing project on the subject site. The proposal will provide for a needed use in the community which is of growing importance in the aging population.

 

In contrast, the proposed development would allow for a reasonable redevelopment of the land with a height, landscaping and setbacks that comply with the requirements of the Randwick LEP 1998 and Prince Henry DCP. In addition, the bulk and scale will not be visually intrusive in the existing streetscape and in relation to the proposed future developments and the adjoining proposed oval within the Prince Henry site. In particular, the proposed new building will be sympathetic in bulk and scale to the Prince Henry Heritage Conservation Area and its built and landscape heritage elements.

 

As discussed in Section 10.3 below, the façade of the new building will be designed to reduce its apparent scale and respond to its overall context including the natural coastal setting and ridge-top location.

 

In addition, the new building will not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access and privacy (see Section 10.3.2.3 below).

 

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

 

5.       Whether the objection is well founded.

 

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

 

§  Articulated the underlying stated objectives of the standard clearly.

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

 

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

 

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

 

·        The proposal Randwick LEP height and landscape requirements and the Prince Henry DCP street setback controls.

 

·        The proposal needs to be considered in the context of three development applications (DA Nos. 3/2005, 4/2005 and 43/2005) lodged for aged housing in the Prince Henry site – in particular, the FSR for DA 43/2005 is 0.65:1 – so that when averaged across the three relevant sites the average  additional FSR is 0.97:1.

·        The proposal would fit within the desired profile advocated in the Master Plan and DCP for Anzac Parade and Jenner Street.

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

·        will not detrimentally impact on the amenity of the future residents in the locality.

 

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

 

Clause 40    Excavation and filling of land

 

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land.  The proposal will 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 quality of the site and locality. Accordingly, 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 provision of a residential aged care facility on the subject site and indicated the following provisions for the site:

 

 

 

Control

Requirement

Proposed

Complies/Comments

Number of Units

24 total

44

No

Basement Parking

10

57

Yes

At Ground Parking

2 disabled

0

2 disabled spaces are provided in the basement

Footprint

1134m2

1,352 m2

No

Height

 

 

 

    West

RL 52.0

RL50.2

Yes

    East

RL 52.0

RL50.2

Yes

 

The proposal’s departures from the Master Plan are considered to be acceptable for the following reasons:

 

§  the proposal results from detailed design 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 proposal has a height, bulk and scale that will not be visually intrusive and will be sympathetic in its context and setting within the Prince Henry site and therefore is not considered an overdevelopment. Furthermore, the SEPP 65 Design Review Panel and the NSW Heritage Council have raised no objections to the design, bulk and scale of the proposal.

 

§  the proposal needs to be considered in the context of three development applications (DA Nos. 3/2005, 4/2005 and 43/2005) lodged by the applicant for aged housing in the Prince Henry site – in particular, the FSR for the approved DA 43/2005 is 0.65:1, well below the permissible 1:1 maximum FSR – so that when averaged across the three relevant sites the average  additional FSR is 0.97:1.

 

§  the proposal complies with the maximum building, wall and storey heights, setbacks and landscaping requirements of  the Prince Henry DCP. 

 

§  the proposal involves the provision of seniors living accommodation which is a meets a specific growing demand in the community in the context of an increasing aging population.

 

§  the parking provided to the development has been increased by 47 spaces over that considered adequate in the Master Plan to ensure no additional off-site parking impact results from the increase in dwelling units.

 

Notwithstanding the above reasons, it is considered appropriate that, in relation to the increase in the number of dwelling units above that required in the Master Plan, a Section 94 contribution be applied to account for the excess number of units (see Section 9.3 above).

 

The development is considered 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 which has been gazetted in the State Heritage Register. A Heritage Impact Assessment has been prepared and lodged with the application which has been assessed by Council’s Heritage Planner. In addition, the Heritage Council of NSW has advised that the subject proposal has been considered as meeting the criteria for site specific exemptions from referral to the NSW Heritage Council as integrated development as well as from the need to submit a s60 application under the Heritage Act. Accordingly, the Council has recommended appropriate conditions of consent be applied should approval be granted for the application.

 

10.2            Relevant State Environmental Planning Policies

 

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

 

SEPP – Seniors Living

 

Clause 4(2)e of the SEPP states that the SEPP does not apply where a listing on the State Heritage Register kept under the Heritage Act 1977 applies. Further consideration of the SEPP is therefore not required.

 

SEPP No. 19 – Bushland in Urban Areas

 

SEPP 19 requires the consent authority to consider the potential impact of the development on and the proposed management of “bushland” within or adjacent to the land. Remnant stands of native bushland including ESBS are included in the area the subject of this application. Land containing Eastern Suburbs Banksia Scrub is located approximately 80m to the north of the subject site and would be considered bushland for the purposes of the policy. Whilst the land is not zoned or reserved under an environmental planning instrument for open space purposes, the objectives for the protection of the bushland are still relevant. The proposed development is consistent with the aims of the SEPP as it will not affect the bushland in terms of overshadowing or construction impacts given that the considerable distance between the subject site and the bushland (ie., the subject site is remote from the bushland such that it would not be affected by the proposed development).

 

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. Development Consent No. 1188/02 for the demolition of buildings and the remediation of the Prince Henry site was issued on 28 February 2003. The subject site will be remediated in accordance with the terms of this consent. 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 provided appropriate conditions covering the remediation as part of already approved site works, should approval be granted for the proposed development.

 

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.

 

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.

 

10.3             Policy Controls – 79C(1)(a)

 

10.3.1         Prince Henry Development Control Plan

 

The proposal has been assessed in relation to the  Prince Henry Development Control Plan.  The DCP provides a framework for the redevelopment of the Prince Henry site containing performance criteria and controls to guide built form, provide environmental and amenity standards, and give appropriate heritage protection for the site both on a precinct-by-precinct basis as well as a general overview.

 

The site the subject of this development application is located within Precinct P1 of the DCP and complies with all the applicable precinct specific controls with the exception of the FSR control. The variation from the FSR control  has been assessed in Section 10.1 above as part of the assessment of the SEPP 1 objection.

 

The proposal also generally complies with the 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 (see Section 10.3 below).

 

10.3.2Development Control Plan - Parking

 

The proposal provides for 57 carparking spaces which complies with the DCP – Parking requirement of 50 carspaces.

 

The parking layout will satisfy the DCP requirements for parking space dimensions (including allowances for end bays), gradients, headroom and aisle-widths.

 

10.4     Likely impact of the development - S79C(1)(b)

 

10.4.1  Natural Environmental Impacts

 

An area of bushland containing Eastern Suburbs Banksia Scrub is located approximately 80m away to the north of the subject site. The proposal will be too remote to affect this bushland by way of overshadowing and/or physical works.

 

10.4.2  Built Environmental Impacts

 

10.4.2.1           Urban Design

 

The proposal will have white painted concrete external walls powder-coated aluminium framed windows and louvres, glass balustrades and pre-weathered copper-cladded blade columns at the entrance porte-cochere to provide definition and character. The use of a semi-recessed balconies, and louvred and hooded openings, combined with a curved roof-frame on the east elevation to reflect the curvature of the proposed oval on the eastern side, provides a strong articulation to the building that enhances the  Prince Henry site. Accordingly, the proposal will have a modern and superior design and visual character that will enhance the streetscape in this part of the Prince Henry site.

 

The articulation of the building has been located within the building envelope set by the DCP and will not extend beyond the articulation zone indicated for the site as required by the DCP.

 

The applicant has provided a photographic sample of the proposed treatment to the façade together with a sample board which indicates that the elevations to the street will be rendered and painted with appropriate colours and textures. Accordingly, the application of appropriate colours and textures to the different sections of the external wall, and appropriately selected materials for features such as louvres, frames, grilles and pergolas will result in an outstanding building as confirmed in the comments of the SEPP 65 Design Review Panel below.

 

The proposal will have a common central courtyard which will be located at ground level which will be partially deep soil and planted with lawn, shrubs and trees. This courtyard will provide a strong visual element as well as a practical amenity for future residents.

 

Under the provisions of SEPP 65, a Design Review Panel reviewed the proposal on 6 June 2005 and has found the proposal satisfactory on all the SEPP 65 assessment criteria as detailed below. In particular, the Design Review Panel considers the proposal to have a high level of design consideration and to be a scheme of high merit. The Panel comments are as follows:

 

1.    Relationship to the Context of the Proposal

 

Satisfactory

Both these proposals are consistent with the master plan for the Prince Henry site.

         

2.       The Scale of the Proposal

 

Satisfactory

Both these proposals are consistent with the master plan for the Prince Henry site.

 

3.       The Built Form of the Proposal

 

Satisfactory

Both these proposals are consistent with the master plan for the Prince Henry site.The ‘porte cochere’ issue that was brought up in the last report has been reconsidered so as to become smaller and with less paving. The Panel is supportive of these improvements.

 

4.       The Proposed Density

 

Satisfactory

Both these proposals are consistent with the master plan for the Prince Henry site.

 

5.       Resource and Energy Use and Water Efficiency

 

Satisfactory

The method of planning in corner conditions results in both schemes with apartments that face South and have no cross ventilation. The apartments are however still desirable because of views. These represent only a small proportion of the units. The narrow plans help many of the light and ventilation requirements of SEPP 65.

 

6.       The Proposed Landscape

 

Satisfactory

 

7.       The Amenity of the Proposal for its Users

         

Satisfactory

As stated in the previous review, both proposals will offer a high level of amenity to their occupants. The high incidence of dual aspect apartments is to be commended. The issue of privacy to lot 9 ground floor apartments has been addressed by the architects.

 

8.       The Safety and Security Characteristics of the Proposal

 

Satisfactory

 

9.       Social issues

 

Satisfactory

 

10.     The Aesthetics of the Proposal

 

Satisfactory

A high level of design consideration is evident through out these applications. The appealing aesthetics are integral to the design with deep modeling, structural integrity and fine proportions. The architects have been responsible for a number of well regarded projects and the Panel would imagine that further development will bring to the construction stage documentation phase further finessing.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel considers that both schemes are of high merit. The low density of the master plan enables these two schemes to be seen on all sides ie ‘in the round’ and the architects have taken advantage of this by proposing highly sculptured buildings.

 

This high design quality must be continued through to the end of the project. It is strongly suggested that the original architect be retained for the duration of the project.”

 

10.4.2.2      Heritage Impact

 

The Prince Henry site and a number of the buildings on it were listed on the State Heritage Register in May 2003. The site has been the subject of a Conservation Management plan (CMP), Archaeological management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site.  Specific Elements Conservation Policies (SECPs) are being prepared progressively for individual buildings and items. The site also encompasses Aboriginal, natural, landscape and built heritage values. The built heritage on the site includes many buildings which were part of the former Coast and Prince Henry Hospitals on the site.

 

A Heritage Impact Assessment was prepared with the application which indicates that the proposal will have no impact on the heritage values of the site, the nearby significant buildings or the significance of the heritage conservation area as it accords with the built form recommended in the Prince Henry DCP. Council’s Heritage Planner has generally concurred with this assessment advising (in Section 6.1 above) that the proposal generally raises no concern in regard to heritage conservation. Furthermore, the site is recognised as being located sufficiently away from the closest heritage buildings with other buildings to be proposed between the subject site and those significant buildings The proposed building is contemporary in nature and is appropriately identifiable as a new building element in the area whilst having materials and finishes that are appropriate and do not detract from the heritage significance of the Prince Henry Conservation area. In addition, the Heritage Council of NSW has advised that the subject proposal has been considered as meeting the criteria for site specific exemptions from referral to the NSW Heritage Council as integrated development as well as from the need to submit a s60 application under the Heritage Act. Accordingly, the Council has recommended appropriate conditions of consent be applied should approval be granted for the application.

 

10.4.2.3           Sunlight, Privacy and Views

 

Currently, there are no built structures in the immediate area surrounding the subject site nor does the subject site abut any residential area. As such, there will be no immediate impact in terms of overshadowing, overlooking or loss of views from the proposed development.

 

The adjoining allotment immediately to the south of the subject site may be developed in the future for residential use to a maximum 4 storeys under the Prince Henry DCP. The proposed building is not considered to have any adverse impact on the future redevelopment of this adjoining allotment for the following reasons:

 

§  The proposed building complies with the  maximum wall height (14m), maximum building height (15m) and maximum storey height (4 storeys) of the DCP ensuring that overshadowing and overlooking impacts will be minimal.

 

§  The depth of the proposed builtform on the subject site and the future builtform on the adjoining southern allotment are both orientated north-south facing the western edge of the adjoining future oval so that overlooking between the two buildings will be minimal.

 

§  The proposed building, generally, will be located within the footprint and envelope designated for the subject site under the Prince Henry DCP such that compliance with these parameters should ensure minimal amenity impacts on adjoining properties.

 

§  There is an 18m separation distance required between the proposed building and the future adjoining building under the DCP ensuring that overshadowing and overlooking impacts will be minimal.

 

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 requires that development maximise north facing roofs for installation of solar collectors.

 

The U-shaped configuration of the proposed building with single-loading of dwelling units along the wings of the building means that all dwelling units within the proposed development will have access to the minimum 3 hours solar access between 9am and 3 pm in mid-winter. North facing solar panels have been located on the roof of the development in accordance with the DCP.

 

The elevations have been treated to modulate solar access by the use of sunshading devices, articulation and overhangs to the western facade with greater areas of glazing on the northern, southern and eastern elevations. The central courtyard will be overshadowed partly between 9am and 3pm but will achieve good solar access at midday midwinter. The overshadowing is a result of the U-shaped footprint of the building, which has been determined as a result of the master planning and DCP preparation processes. Notwithstanding this, the development achieves a high level of compliance with the requirements of the DCP and therefore the partial overshadowing of the courtyard is considered reasonable and not the result of overdevelopment.

 

The overshadowing diagrams indicate that at 9.00 am in the winter solstice, overshadowing will occur predominantly upon Anzac Parade. By 12 noon the shadows will predominantly fall on the northern section of the adjoining southern allotment. By 3.00pm the overshadowing will occur onto the western edges of the adjoining oval to the east.

 

Overall, the proposal is satisfactory with regard to solar access.

 

10.4.2.4      Traffic and access

 

The submitted Statement of Environmental Effects notes that the traffic generation for Lot 9 (the subject site) is greater than that approved in the Masterplan as an additional 20 dwelling units is proposed above the 24 unit facility initially approved under the Master Plan. This will result in an additional traffic generation of 30 DVTs (daily vehicle trips) 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 Master Plan. 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 Master Plan.

 

In response to these concerns, the applicant has submitted a ‘Supplementary Traffic and Parking Report’ prepared by GSA Planning dated May 2005 which assessed the impacts of increased traffic generation (arising from the increase in dwellings) over and above the adopted Master Plan. This report was referred to the Sydney Regional Development Advisory Committee (SRDAC), and considered at the July 21 meeting of the Committee.  Written comments dated 17 August 2005 were received in Council on 18 August 2005. Whilst the SRDAC has concluded that the proposal will not have a significant traffic impact on the adjacent classified road network, it noted that the Police had 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 Co-ordinator for discussion with police representatives. In these discussions, the Police indicated that their concerns related primarily to the proposed width and configurations of roads within the Prince Henry site. The standards and configurations of roads and other infrastructure within the Prince Henry site have been the subject of a long process of planning in both the master planning and DCP stages, culminating in approval under DA Nos. 433/2003, 862/2003 and 1102/2003 (see table in Section 4 above). As the widths and configuration of roads within the Prince Henry Site have been established, the concerns raised by the Police are not considered relevant to, and outside the scope of, the assessment of the subject application. Accordingly, the increase in traffic generation in the proposed development (above that projected under the Master Plan) is not considered to have a significant traffic impact on the adjacent classified road network as originally indicated by the SRDAC.

 

10.4.2.5      Ecologically Sustainable Development

 

The Prince Henry DCP requires the preparation of a Sustainability Building Report by an appropriately qualified professional to improve the energy efficiency of the proposed building. The applicant has provided a Sustainability Report prepared by a consultant engineer, outlining the ESD objectives for the proposed development and strategies for evaluating and achieving those objectives. In accordance with this brief, the proposal will incorporate the following sustainability measures:

 

·        Building orientation to provide future occupant with optimum sun-control.

·        Building materials that provide a balance of external insulation for thermal protection and internal thermal mass for heat absorption.  

·        Use passive design measures including natural ventilation and external shading to achieve maximum thermal comfort.

·        Use sun control elements comprising a combination of vertical and horizontal external shading devices, internal blinds and glare control.

·        Building to be insulated to AS 2627 with a minimum R2.0 roof insulation and R1.0 wall insulation as recommended by the Residential Flat Design Guide.

·        Use of photo-voltaic cells on the roofs.

·        Use of high efficiency lighting such as compact fluorescent with dimming control or zoned switching to control light levels.

·        Landscaping designed to require minimal irrigation.

·        Use of best practice water management solutions including AAA rated fixtures and ratings and 6/3 litre dual flush WCs.

 

These measures are considered appropriate in achieving ESD objectives.

 

The proposed development will be well served by public buses along Anzac Parade, linking the subject site to the CBD, Railway Square, Bondi Junction, and Randwick Junction in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with ESD principles.

 

Overall, the proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

10.4.2.6      Facilities and Access

 

The performance criteria for facilities and access generally apply to multi-unit housing developments. The development provides for pedestrian access from Anzac Parade (via an easement access to the south) and Jenner Street and vehicular access from Jenner Street as per the Master Plan and DCP requirements.

 

The applicant has provided an access report which considers the proposal against the relevant Australian Standard, BCA and Disability Discrimination Act (DDA). The report indicates the proposal is generally satisfactory with regard to these requirements and makes several recommendations with regard to improvements to achieve compliance. Compliance with these recommendations has been included as a condition of consent.

 

10.4.2.7      Site Remediation

 

Sections of the former Prince Henry Hospital site are currently being remediated in accordance with SEPP No. 55 and the Contaminated Land Management Act as provided for under DA No. 1188/2002 which was approved on 28 February 2003. The subject site will be remediated in accordance with the terms of this consent. Once remediated, the site will be suitable for the purposes proposed under this development application.

 

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 provided appropriate conditions covering the remediation as part of already approved site works, should approval be granted for the proposed development.

 

10.4.2.8           Social and Economic Impacts – S79C(1)(b)

 

The proposed self-care apartments for seniors will provide for a needed use in the community which will increasingly become more critical with the trend towards an aging population. Accordingly, the proposal will meet an important social objective in this area and contribute towards an increase in the stock of housing for seniors living in the local area. Overall the proposal presents a positive impact within the site and locality.

 

10.4.3  Suitability of the site – S79C(1)(c) 

 

The subject site is part of the developable land within the Prince Henry Site which is identified in the revised Master Plan adopted by Council on 27 May 2003. In adopting the Master Plan, Council considered the suitability of a range of proposed landuses and their location within the Prince Henry site. The subject site is specifically identified in the Master Plan as a location for a multi-unit housing development for older persons. The proposal generally is consistent with the terms of the master plan and as demonstrated above the development will not have an adverse impact on any item of environmental, archaeological, heritage or cultural significance.

 

Development Consent No. 1188/02 for the demolition of buildings and the remediation of the Prince Henry site was issued on 28 February 2003. The subject site will be remediated in accordance with the terms of this consent. Once remediated, the site will be suitable for the purposes proposed under this development application and the master plan generally.

 

10.4.4  Any submissions made – S79C(1)(d)

 

The proposal being integrated development was notified and advertised for a period of 30 days between 26 January 2005 and 125 February 2005. No submission was received by Council during this notification/advertising period.

 

10.4.5  The public interest – S79C(1)(e)

 

The erection of apartments for the self-care of older persons will have a positive social benefit for the both seniors living and wider community as a whole (see Section 10.3.2.7 above).

 

11.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12.     CONCLUSION

 

It is considered that the proposed building 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 development proposes a building envelope, height and landscaping that generally meet the criteria and fulfil these objectives with the exception of FSR. A SEPP No.1 objection to the FSR standard has been submitted with the application and considered to be well founded in the circumstances.

 

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 the Council support the objection under State Environmental Planning Policy No.1 (SEPP No. 1) in respect to non-compliance with Clauses 30A of the Randwick Local Environmental Plan 1998 (relating to floor space ratio) on the grounds that the proposed use complies with the objectives of the clause and will not adversely affect the amenity of the surrounding locality and that the Department of Planning, Infrastructure and Natural Resources be advised accordingly.

 

B.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 43/2005 for erection of a 4-level  multi-unit development comprising of 44 self-care apartments including basement carparking for 57 vehicles at 1-3 Jenner Avenue, Little Bay subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered L09-A03-E  and stamped received by Council 13 July 2005, L09-A04-E, L09-A05-D, L09-A06-D, L09-A07-D, L09-A08-B, L09-A09-B, L09-A10-B, L09-A11-D, dated 17 December 2004 and stamped received by Council on 5 January 2005, Lot 9 Sk.03a stamped received by Council on 13 July 2005, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

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

 

2.       A masonry fence 700mm high is to be provided along the Anzac Parade frontage of the site. Details are to be provided on the Construction Certificate plans. This condition is imposed to ensure compliance with the Prince Henry Site DCP and provide a consistent appearance to the Anzac Parade frontage of the site.

 

3.       The colours, materials and finishes of the external surfaces of the new building are to be consistent with that indicated in the sample board accompanying the subject development application and received by Council on 5 January 2005.

 

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

 

5.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

6.       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.

 

The following condition/s are applied to satisfy the increased demand for public amenities and public services:

 

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

 

a)       for open space                                           $46,187.92

b)      for community facilities                   $20,422.48

                  

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

 

The following conditions are imposed to ensure the proposal meets accessibility standards:

 

8.       The development is to comply with all recommendations of the Access Review Report prepared by Morris Goding Accessibility Consulting dated 21 December 2004.

 

          Details are to be submitted with the Construction Certificate plans.

 

The following conditions are applied to meet the requirements of the Heritage Council of NSW:

 

Aboriginal Archaeology

                           

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 resumes;

 

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 by way of an induction process and of the possibility that more as yet undiscovered Aboriginal cultural material may exist there;

 

11.     Site contractors are to be advised of their obligations under the National Parks and Wildlife Act 1974 (NSW) 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 aware of the potential for historical archaeological relics to survive within the area.  This is to be done through a site induction, which also notifies all involved of their obligations under the Heritage Act 1977 (NSW); and

 

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.

 

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

 

14.     The applicant shall meet the full cost for a council approved contractor to construct a concrete vehicular crossing and layback at the kerb opposite the proposed vehicular entrance to the site. The 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).

 

15.     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.

 

16.     The driveway opening at the NR3 street frontage shall be 6.00 metres wide (clear width).

 

17.     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:

 

18.     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, must:

 

§  Be 40mm above the level at the back of the existing footpath along the New Road 3 site frontage; and

§  Match the back of the footpath levels along the full site frontage in Anzac Parade. 

 

          Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0919.

 

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

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

 

20.     The above alignment levels along New Road 3 and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $2442 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

b)      A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into the external stormwater systems.  The minimum pipe grade shall be 1%.

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

28.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

29.     Stormwater runoff from the site shall be managed in general accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve 80% of all stormwater runoff being drained in an easterly direction through the drainage easement created over Lot 8 (The Oval) and into the biofiltration swales.

 

          All site stormwater which is not discharged to the biofiltration swales, shall be discharged to the underground drainage system in Anzac Parade via a new or existing kerb inlet pit.

 

Notes:

a.       All new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

b.       With the exception of the site discharge pipe, all new pipelines constructed within the road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

30.     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.

 

31.     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.

 

32.     A sediment/silt arrester pit must be provided:-

 

a)       within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)      prior to stormwater discharging into any absorption/infiltration system.

 

          The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

 

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

 

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

 

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

 

·        A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

 

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

 

·        A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

 

·        A sign adjacent to the pit stating:

 

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

 

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

 

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

 

34.     A minimum of three covered car washing bays shall be provided for this development.

 

a)       The car washing bays must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

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

 

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

 

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

 

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

 

35.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council's Director of Asset and Infrastructure Services, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

a)       Finished site contours at 0.2 metre intervals;

b)      The location, diameter, gradient and material (ie 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).

 

36.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

37.     Should significant continual seepage flows be encountered within the depth of the basement excavation the basement carpark shall be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

          Notes:-

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

 

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

 

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

 

38.     Provision shall be made for storage of at least 2 x 240 litre bins at the base of each garbage chute.

 

39.     The compacted garbage room shall be sized to contain the compactor (with a safe working area around the waste compaction unit) plus an additional 17 x 240 litre garbage bins. The plans submitted to the certifying authority for the construction certificate shall demonstrate compliance with this requirement.

 

40.     The recycled garbage room shall be sized to contain a total of 22 x 240 litre recycling bins whilst providing satisfactory access to these bins.

 

41.     The waste storage areas shall be clearly signposted.

 

42.     A caretaker is to be employed on an ongoing basis to manage the waste systems as described in the waste management plan, prepared by Elephant's Foot Waste Compactors Pty Ltd (received by council on 12/7/2005)

 

43.     The garbage storage areas are to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

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

 

          The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

 

45.     The landscaped areas shown on the Landscape Masterplan prepared by MK of Edaw Gillespies Landscape Architects, drawing number LA040, project number 04501973.01. issue B, dated 26/11/2004 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), and is to include:

 

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

 

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

 

Note: The landscape plan shall incorporate a suitable number and variety of tree species in accordance with point 7.1 of the draft Prince Henry DCP, dated December 2003.

 

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

 

Note: The 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 focus on the use of indigenous and native coastal species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

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

 

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

 

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

 

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).

 

46.     Planting within the proposed three metre wide buffer zone along the Anzac Parade site frontage shall be consistent with other existing buffers along Anzac Parade.

 

47.     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.

 

48.     To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed to provide full coverage with no overspray onto driveways and pathways.

 

          Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications, and shall comply with all current Sydney Water requirements.