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

 

 

18th November, 2005

 

 

ORDINARY COUNCIL MEETING

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 22ND NOVEMBER, 2005 AT 6:00 P.M.

 

 

1           Council Prayer

 

2           Apologies

 

3           Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 18 TH OCTOBER, 2005.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addresses to the Council by the Public

 

6           Mayoral Minutes

 

6.1                      

MAYOR'S MINUTE 140/2005 - USE OF TOWN HALL – RANDWICK & DISTRICT HISTORICAL SOCIETY.

2

 

6.2                      

MAYOR'S MINUTE 141/2005 - LIBRARY AND COMMUNITY BUS - WAIVING OF FEES.

5

 

6.3                      

MAYOR'S MINUTE 142/2005 PEACE AND GOODWILL FESTIVAL - HEFFRON PARK.

7

 

6.4                      

MAYOR'S MINUTE 143/2005 - WAIVING OF FEES - EPIPHANY CELEBRATION.

9

 

6.5                      

MAYOR'S MINUTE 144/2005 - OPTIONS FOR REDUCING THE TRADING HOURS OF THE COOGEE BAY HOTEL AND BEACH PALACE HOTEL .

11

 

6.6                      

MAYOR'S MINUTE 145/2005 - WAIVING OF FEES - COOGEE SURF LIFE SAVING CLUB.

21

 

6.7                      

MAYOR'S MINUTE 146/2005 - WAIVING OF FEES - 2ND PAUL TRAVINI CUP COMMUNITY CRICKET DAY.

23

 


 

6.8                      

MAYOR'S MINUTE 147/2005 - REQUEST FROM PROFESSOR PETER MURPHY TO SUPPORT UNSW’S SUSTAINABLE SCHOOLS AWARDS ON DECEMBER 5, 2005.

25

 

6.9                      

MAYOR'S MINUTE 148/2005 - "CAROLS BY CANDLELIGHT" AT PIONEER PARK, MALABAR - REQUEST FOR WAIVING OF FEES.

27

 

6.10                      

MAYOR'S MINUTE 149/2005 - WAIVING OF FEES - COOGEE SURF LIFE SAVING CLUB - ANNUAL OPEN CARNIVAL.

29

 

6.11                      

MAYOR'S MINUTE 150/2005 - WAIVING OF FEES - RANDWICK CITY TOURISM VIDEO FOR VISITORS.

31

 

6.12                      

MAYOR'S MINUTE 151/2005 - RANDWICK SHIELD AT MAROUBRA BEACH - WAIVING OF FEES.

33

 

 

7           General Manager's Reports

 

7.1                      

GENERAL MANAGER'S REPORT 55/2005 - SEPT 2005 QUARTER REVIEW - 2005-08 MANAGEMENT PLAN.

35

 

7.2                      

GENERAL MANAGER'S REPORT 56/2005 - 2004-05 ANNUAL REPORT.

37

 

7.3                      

GENERAL MANAGER'S REPORT 57/2005 - AFFIXING OF COUNCIL SEAL.

39

 

7.4                      

GENERAL MANAGER'S REPORT 58/2005 - AFFIXING OF THE COUNCIL SEAL.

42

 

7.5                        

GENERAL MANAGER'S REPORT 59/2005 - COOGEE CAROLS SPONSORSHIP.

44

 

 

8           Director City Services' Reports

 

8.1                      

DIRECTOR, CITY SERVICES' REPORT 140/2005 - LA PEROUSE TOILET BLOCK.

47

 

8.2                      

DIRECTOR, CITY SERVICES' REPORT 141/2005 -  CHRISTMAS AND NEW YEAR ALCOHOL MANAGEMENT STRATEGY ON COOGEE BEACH.

57

 

8.3                      

DIRECTOR, CITY SERVICES' REPORT 142/2005 - SYDNEY BEACH VOLLEYBALL TRIALS.

60

 

8.4                      

DIRECTOR, CITY SERVICES' REPORT 143/2005 - UV INDICATOR PROJECT.

63

 

8.5                      

DIRECTOR, CITY SERVICES' REPORT 144/2005 -   STREETSCAPE IMPROVEMENTS - AVOCA STREET FROM BELMORE ROAD TO COWPER STREET, RANDWICK AND ALISON ROAD FROM THE AVENUE TO APPROXIMATELY LINGARD AVENUE.

69

 

 

9           Director Governance & Financial Services' Reports

 

9.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 45/2005 - PROPOSED WARD BOUNDARY ALTERATIONS

72

 

9.2                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 46/2005 - 2005/06 BUDGET - REVIEW AS AT 30 SEPTEMBER 2005.

75

 

9.3                        

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 47/2005 - PRESENTATION - FINANCIAL REPORTS - YEAR ENDED 30 JUNE, 2005.

78

 

9.4                        

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 48/2005 - REVIEW OF CODE OF MEETING PRACTICE.

85

 

9.5                        

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 49/2005 - EARLY CLOSING - CHRISTMAS/NEW YEAR 2005.

88

 

9.6                        

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 50/2005 - ARRANGEMENTS DURING CHRISTMAS/NEW YEAR PERIOD FOR DECISION MAKING & SCHEDULE OF MEETINGS FOR 2006.

90

 

 

10         Director City Planning Reports

 

10.1                      

DIRECTOR, CITY PLANNING REPORT 83/2005 - 12-32 PINE AVENUE, LITTLE BAY (FORMERLY KNOWN AS 1430 ANZAC PARADE, LITTLE BAY.

96

 

10.2                      

DIRECTOR, CITY PLANNING REPORT 84/2005 - 57 PARTANNA AVENUE, MATRAVILLE.

163

 

10.3                      

DIRECTOR, CITY PLANNING REPORT 85/2005 - 145 BROOK STREET, COOGEE.

176

 

 

11         Petitions

 

12         Motions Pursuant to Notice

 

12.1

By Councillor Bastic – International Day of Action on Climate Change.

184

12.2

By Councillor White – Maroubra Beach Promenade.

184

12.3

By Councillor Matson – Pavement implementation scheduling for Scott Street, Maroubra.

184

12.4

By Councillor White – Little Congwong Beach

184

12.5

By Councillor White – Industrial Relations Law.

185

12.6

By Councillor Matson – International Day of Action on Climate Change – Walk against Warming – December 3rd, 2005

185

12.7

By Councillor Matson – Implementing a Bulletin Board on Council’s Web site

185

12.8

By Councillor Matson – Ecological Impact of the Common Indian Myna. 

185

12.9

By Councillor Matson – French Festival. 

185

12.10

By Councillor Matson – Marcel Avenue Conservation Zone.

185

12.11

By Councillor Matson – Following up SBAR Resolution of Councillors Hughes and Daley of 24th May, 2005.

186

12.12

By Councillor Matson – End of Liquor Administration Board.

186

12.13

By Councillor Sullivan – Opposing the Banning of Swimming Pools in the Randwick City Council Area.

186

12.14

By Councillor Sullivan – Council’s Audited Financial Statements. 

187

12.15

By Councillor Bastic – Councillor Conduct. 

187

12.16

By Councillor Matson - Ensuring Effectiveness of Council’s Rainwater Sustainability Initiative. 

187

12.17

By Councillor Woodsmith – Flags for outside the Town Hall.

187

 

13         Urgent Business

 

14         Confidential Reports

 

14.1                      

CONFIDENTIAL GENERAL MANAGER'S REPORT 60/2005 - ORGANISATIONAL STRUCTURE.

 

 

14.2                      

CONFIDENTIAL GENERAL MANAGER'S REPORT 61/2005 - MAROUBRA BEACH PAVILION - CAFE & KIOSK - LEASE TENDER EVALUATION - T036/05.

 

 

14.3                      

CONFIDENTIAL DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 51/2005 - ALLEGED BREACH OF PRIVACY ACT - SETTLEMENT OF LEGAL ACTION.

 

 

 

15         Committee-of-the-Whole

 

16         Report of Committee-of-the-Whole

 

17         Notice of Rescission Motions

 

 

 

 

 

……………………………

GENERAL MANAGER


 

MAYOR'S MINUTE 140/2005

 

 

SUBJECT:

USE OF TOWN HALL – RANDWICK & DISTRICT HISTORICAL SOCIETY

 

 

DATE:

11 November, 2005

FILE NO:

F2004/07674

 

 

REPORT BY:            MAYOR     

 

 

INTRODUCTION:

 

Ellen Waugh, President of the Randwick & District Historical Society has written to Council requesting use of the Randwick Town Hall (including kitchen) without fee for the Society’s annual Christmas function.

 

ISSUES:

 

The Randwick & District Historical Society conducts research covering the history of Randwick City. The group also provides resources, lectures and social events for interested members of the community.

 

The Society has written to Council requesting use of the Randwick Town Hall (including kitchen) without fee on Saturday 3 December from 10.00am – 3.00pm for their annual Christmas Function.

 

The normal cost for hiring the Town Hall is $125.00 per hour, which also covers the costs of Council’s caretaker, who is required to be on premises during an event in the Hall.

 

FINANCIAL IMPACT STATEMENT:

 

In the event that Council accepts the report recommendations, the financial implication to Council will be a total “in kind” contribution of $450.00 (for the waiving of venue hire costs) and a financial contribution of $300.00 (to pay for Council’s Caretaker). Currently there are sufficient funds in the 2005/06 Contingency Fund to cover this financial contribution.

 

CONCLUSION:

 

Given the nature of the activities undertaken by the Randwick & District Historical Society, it is considered appropriate for Council to demonstrate its support of the group by waiving venue hire costs and providing a caretaker for use of the Randwick Town Hall.

 

RECOMMENDATION:

 

That:

 

1.       Council agree to support the Randwick & District Historical Society Christmas function to be held in the Randwick Town Hall;

2.       Council agree to waive the hiring costs for use of the Randwick Town Hall for the function;

3.       Council vote $300.00 from Council’s 2005/06 Contingency budget to assist with caretaker costs associated with the function; and

4.       Randwick and District Historical Society acknowledge Council’s contribution towards this function.

 

 

ATTACHMENT/S:

 

Letter from the Historical Society

 

 


 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 



 

MAYOR'S MINUTE 141/2005

 

 

 

SUBJECT:

LIBRARY AND COMMUNITY BUS - WAIVING OF FEES

 

 

DATE:

3 November, 2005

FILE NO:

F2004/06574

 

 

REPORT BY:            MAYOR   

 

 

INTRODUCTION:

 

The Library and Community Bus is available for hire by community groups for use during daylight hours and during the week.  Under special circumstances the bus is also able to be hired on weekends.  Fees are per half day $66.00 including GST (weekday use) and $93.50 per day including GST (weekday or weekend use).

 

ISSUES:

 

In recent years the Castellorizian Ladies Auxiliary has booked the Library and Community Bus to provide transport for a group of young people who will be raising funds for various charities including the Sydney Children’s Hospital and the Castellorizian Nursing Home in Todman Avenue Kingsford and carol singing throughout the City. This event will take place during the evening of Friday 16 December (6-10pm ),  Saturday 17 December, (10.00am – 4.00pm) and Monday 19 December 10.00am – 4.00pm).  Councillor Procopiadis will be the authorised driver.

 

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $302.50 and there are currently sufficient funds in the Contingency Fund 2005/06 to cover this contribution.

 

CONCLUSION:

 

Councillor Procopiadis is a fully accredited driver and as such can be authorised to use the Library & Community Bus.

 

RECOMMENDATION:

 

That Councillor Procopiadis be nominated as the authorised driver of the bus for the Carol singing arranged by the Castellorizian Ladies Auxiliary on Friday 16 December (4.00pm – 10.00pm), Saturday 17 December (10.00am – 4.00pm) and Monday 19 December (10.00am – 5.00pm) and that fees totalling $302.50 be waived on this occasion.  The refundable deposit for the weekend use of $250 is to be paid.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 142/2005

 

 

 

SUBJECT:

PEACE AND GOODWILL FESTIVAL - HEFFRON PARK

 

 

DATE:

2 November, 2005

FILE NO:

F2004/07350

 

 

REPORT BY:            MAYOR   

 

 

INTRODUCTION:

 

Council has received a request for assistance from The Benevolent Society Centre for Children who are planning a community festival at Heffron Park on Saturday, 10 December, 2005, from 12 noon to 7pm. 

 

The festival is being organised by a group of community members as part of the Eastern Sydney Community Leadership Program that is federally funded under the Stronger Families, Stronger Communities initiative and auspiced by the Benevolent Society.

 

A similar successful community event was held in Coral Sea Park in May, 2005, which was very successful.

 

ISSUES:

 

An assessment of the applicable fees is as follows:

 

Installation and dismantling of portable stage (10 December)      $6,000.00

(as per Quote)

Approval Fee                                                                                       $   320.00

Food Stalls (4)                                                                                     $   360.00

Supply and removal of 12 extra bins                                                      $   600.00

Connection to power                                                                            $     82.50

Additional Toilet Cleaning                                                                     $   385.00

Provision of portable toilets                                                                   $   950.00

 

                                                                        TOTAL:                      $8,697.50

 

 

The Peace and Goodwill Festival is a community festival aimed at children in the district and to showcase local talent, community food and commercial stalls, rides and supervised children activities.

 

 

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $8,697.50 and currently there are sufficient funds in the Contingency Fund 2005/06 to cover this contribution. 

 

CONCLUSION:

 

The Peace and Goodwill Festival on 10 December 2005 is considered a worthwhile local community event to provide a full day’s entertainment not only for local children but for families and friends.

 

The aim of the event is to provide a fun day, providing free rides and activities, a free sausage sizzle, Father Christmas arriving on the Matraville Fire Brigades truck with gifts for all children of primary school age and a full program of entertainment on stage, featuring local acts.  Funds raised through this event are donated to the Sydney Children’s Hospital.

 

RECOMMENDATION:

 

That: 

 

1.   Council vote $8,697.50 to cover the fees associated with the Pearce and Goodwill Festival to be held on 10 December, 2005, and that these funds be allocated from the 2005/06 Contingency Fund budget.

 

2.   the event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution, prior to and during the event (by Council Logo being prominently displayed on all promotional materials such as flyers, newspaper advertisements etc, Council being mentioned as sponsor in any radio advertisements, sponsorship acknowledged in all local press and publicity.)

 

3.   the Mayor or the Mayor’s representative be given the opportunity to address the event on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 


 

MAYOR'S MINUTE 143/2005

 

 

 

SUBJECT:

WAIVING OF FEES - EPIPHANY CELEBRATION

 

 

DATE:

20 October, 2005

FILE NO:

F2004/00784

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

An application has been received from Rev Agathagelos Masteas of the Greek Orthodox Archdiocese of Australia seeking the waiving of fees to celebrate the annual Epiphany Festival at Yarra Bay Bicentennial Park on Sunday, 8 January 2006 from 9:00 am until 5:00 pm.

 

 

ISSUES:

 

The Annual Epiphany Service is one of the most important events on the Greek Orthodox calendar and it is anticipated that it will be widely attended.  A religious service will be conducted on this day and after the service there will be a day of traditional Greek festivities.

 

The fees associated with this event are as follows:

 

Administration Fee                                                                                $   600.00

Yarra Bay Beach Full Day Fee                                                 $   255.00

Supply and remove additional bins (based on 8 by 240L bins)   $   440.00

Application for registration of temporary food stalls x 12                        $1,080.00

Lifeguard x 8 hours                                                                               $   642.40

 

                                                                        TOTAL:                      $3,017.40

 

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $3,017.40 and currently there are sufficient funds in the Contingency Fund 2005/06 to cover this contribution. 

 

 

 

CONCLUSION:

 

Given that this is a religious community event it would be consistent with similar community events for Council to support the waiving of fees.

 

 

RECOMMENDATION:

 

That:

 

1.   Council vote $3,017.40 to cover the fees associated with the event and funds be allocated from the Contingency Fund 2005/06.

 

2.   the event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event.

 

3.   the Mayor or the Mayor’s representative shall be given the opportunity to address the event on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 144/2005

 

 

 

SUBJECT:

OPTIONS FOR REDUCING THE TRADING HOURS OF THE COOGEE BAY HOTEL AND BEACH PALACE HOTEL  

 

 

DATE:

15 November 2005

FILE NO:

F2004/07767

 

REPORT BY:            MAYOR   

 

 

INTRODUCTION

 

Reference is made to the resolution of Randwick City Council at its Ordinary meeting held on the 27 September 2005. The resolution, the result of the Director, Planning Report 59/2005 was made in the following terms:

 

“403     RESOLUTION:  (Matson/Woodsmith) that:

 

a)     this Director, City Planning Report 59/2005 be noted;

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

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

d)     that a report be brought before the next Ordinary Council meeting or appropriate Committee meeting addressing the following matters;

i.      Council place on public exhibition a range of possible options to be put to the Liquor Administration Board for both winding back liquor licensing hours and implementing more stringent liquor licensing conditions for the Coogee Bay Hotel and Beach Palace Hotel;

ii.     options including strategies for avoiding the flow-on of patrons to the Royal Hotel  and Coach and Horse Hotel that might arise from the proposal;

iii.    following the invited input of Councillors, the adoption of suitable options prior to the exhibition process;

iv.    submissions be collected from residents living within 400 metres of the Coogee Bay Hotel, Beach Palace, Royal Hotel and Coach and Horses Hotel; and

v.     options for the establishment of an “incident register database” to allow residents to phone in and report anti-social incidents.

 

It is the purpose of this Mayor’s Minute to outline the options available to Council which may be put before the Liquor Administration Board (LAB) and the Licensing Court of New South Wales to “wind-back” the trading hours of the Coogee Bay Hotel and Beach Palace Hotel, including the implementation of “more stringent” Licensing conditions, as required by Council’s resolution. The Mayoral Minute also details other options available to Council, for consideration as an alternative or precursor to the possible lodgement of a complaint or application to the LAB or Court.

 

BACKGROUND

 

In this particular instance, Council is concerned with the trading hours of the Coogee Bay Hotel and the Beach Palace Hotel and the impact that the current extended trading hours has upon the local community. However, the legal provisions set out in this Minute in respect to the conduct of premises and the varying or revoking of extended hotel trading hours apply equally to all hotels in New South Wales.

 

The Liquor Act 1982 is the relevant legislation which provides for, and administers the supply and sale of alcohol in New South Wales. This legislation has authorised the Licensing Court of New South Wales to approve, subject to the legislative requirements, the extended trading hours of hotel premises since 1989.

 

Relevantly it is under the Liquor Act 1982 in which issues relating to the conduct of a licensed premise, including the trading hours of a hotel premises may be addressed. The exercise of this power lies with the Liquor Administration Board and the Licensing Court of New South Wales. Council does not have any legislative powers to issue liquor licences or impose any limitations or conditions upon a liquor licence.

 

The Liquor Administration Board (LAB) has a discretionary power to impose or vary the existing conditions of a Liquor Licence to resolve a complaint brought before it. Separate to the powers of the LAB, the Licensing Court of New South Wales also determines matters in respect to licensed premises. These matters include the hearing of Applications that provide for the sale of alcohol at premises, which may include an Application by a local consent authority in relation to the trading hours of a particular hotel. The Licensing Court also has a broad range of disciplinary powers in respect to offences against NSW licensing laws, including the power to punish and/or impose conditions to a Liquor Licence when hearing a Complaint Summons brought before the Court.

 

As outlined above it is the Liquor Act 1982 which allows a Council to lodge a Complaint with the LAB in respect to the conduct of a licences premises, make application to the Licensing Court to reduce the trading hours of a premises and to bring a Complaint before the Court, by way of Summons, against a licensed premises.

 

Prudently, prior to embarking on a course of legal action, consideration should also be given to other “non-legal” options which could be implemented voluntarily at the hotel premises that may also lead to a reduction of anti-social behaviour in the Coogee Area.

 

LIQUOR ACT PROVISIONS

 

I have been advised by Council officers that should Randwick City Council wish to pursue a legal remedy to bring about the reduction of trading hours or the imposition of more stringent licensing conditions at the Coogee Bay and Beach Palace Hotels, the following provisions of the Liquor Act 1982, apply:

Section 104     Quiet and good order of neighbourhood

 

Section 104 of the Liquor Act 1982 (the Act) allows Council to make a Complaint to the LAB to resolve issues regarding the conduct of a licensed premises and the behaviour of its patrons which result in a neighbourhood disturbance.

 

A Section 104 complaint conference is presided over by a member of the Liquor Administration Board (who is also a Magistrate for the purposes of the Licensing Court). The complaint conference process brings together the parties to the complaint, including the Licensee, the complainant, the Council (where the Council is not the complainant) and the Police.

 

Section 104 complaint conferences are relatively informal proceedings and it is a matter for each party to the Complaint as to whether or not they wish to be legally represented.

 

The process, possible outcomes and implications to Council in respect to a Section 104 Complaint are described in greater detail at the “Part 1. Discussion of Legal Options” of this Mayor’s Minute.

 

Section 25       Hotelier’s licence – variation of trading hours

 

Section 25 (7) of the Act provides for an Application to be made by Council to the Licensing Court of New South Wales to seek a variation of trading hours for hotel premises.

 

This is a formal Licensing Court application process whereby the determination of the Application is the subject of judicial review. This process would require separate Applications being made for each of the licensed premises.

 

This Application process is described in greater detail at the “Part 1. Discussion of Legal Options” of this Mayor’s Minute.

 

Section 67       Summons to show cause against taking of disciplinary action

 

Section 67 of the Act, provides for the making of a Complaint to the Licensing Court against a licensee or manager of a licensed premises by Council. Upon making the Complaint, the Court may summons the person to appear, to answer the Complaint and show cause why disciplinary action should not be taken.

 

The Act, prescribes the grounds upon which the Complaint must be taken. The prescribed grounds for the making of a Complaint include, inter alia, that intoxicated persons have frequently been on, or seen leaving the premises, damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises and that the licence is considered not to have been exercised in the public interest.

The above Complaint process is described in the following “Discussion of Legal Options” section of this Mayor’s Minute.

 

1.         DISCUSSION OF LEGAL OPTIONS

 

Section 104     Quiet and good order of neighbourhood

 

I am advised that for a Section 104 Complaint to be brought against the Beach Palace and Coogee Bay Hotels, Council would be required to assemble evidence of particular incidents which demonstrates to the LAB that the behaviour of patrons leaving the licensed premises are causing frequent disturbances to the quiet and good order of the neighbourhood.

 

To assemble such evidence, Council would need to undertake further research, conduct surveillance and may require expert advice on issues such as noise and the social impacts of the hotel premises.

 

In addition to Council’s evidence, I am also advised that essential to proceeding with this type of complaint, would be the willingness for residents within the vicinity of the premises to give an accurate account (in person before the LAB) of disturbances suffered which are directly attributed to the premises complained against.

 

After giving each party the opportunity to be heard in relation to the complaint, the presiding Board Member will determine the appropriate course of action to resolve the complaint. The resolution of the complaint may result in the imposition of additional appropriate conditions to the liquor licence and/or the variation of existing licence conditions. Alternatively, the LAB may consider undertakings from the licensee which resolve the complaint without affect to the Licence.

 

Although an effective method of addressing issues relating to the conduct of a licensed premises, I have been advised by Council officers that even after establishing the complaint; it is unlikely that the LAB would reduce the existing trading hours without first applying other available options to mitigate the circumstances in which the complaint has been brought.

 

The power to bring a Section 104 Complaint before the Liquor Administration Board is also available to the Police and to any residents who reside within the vicinity of the licensed premises.

 

Section 25       Hotelier’s licence – variation of trading hours

 

Available to Council is the power to make an Application to the Licensing Court to reduce the trading hours of the Coogee Bay hotel and/or the Beach Palace Hotel. Such an application would be the subject of formal Court proceedings in which Council would be required to present properly admitted evidence to prove one or more of the following elements:

 

·    Reasonable steps have not been taken in respect to the responsible service of alcohol at the premises.

·    Reasonable steps have not been taken to prevent intoxication on the premises.

·    The extended trading hours of the premises has resulted in the frequent undue disturbance to the quiet and good order of the neighbourhood.

 

Of the available legal options which may result in a reduction of trading hours at the Coogee Bay and Beach Palace Hotels, it appears that it is only by way of an application made pursuant to Section 25 (7) of the Act that the trading hours of the hotel premises can be reduced, but only if the Court finds in Council’s favour.

 

However, I am advised by Council officers that at this point in time Council is not in a position to proceed with such an application. A substantial quantity of evidence to support an application would need to be obtained by Council over a reasonable period of time. There would also be a requirement to adduce expert evidence across a number of disciplines, which may include acoustics and urban/social planning which demonstrates the adverse impacts of the hotel premises.

 

In this regard, the evidence needs to clearly demonstrate that it is the conduct of the hotel and its patrons, the subject of the application, which is the cause of the impact to the quiet and good order of the neighbourhood and not other licensed premises within the area. Most importantly, there would also need to be a reasonable number of residents who would be prepared to give evidence in formal Court proceedings to support Council’s application.

 

It must be further recognised that litigation of this nature exposes Council to the awarding of costs against it, should Council fail in its application. In this regard, it is Council officers’ opinion that prior to any determination to make such an application, Council’s solicitors should be instructed to engage Counsel to provide formal legal advice on all the aspects of making such an application.

 

The Commissioner of Police, the Director of Gaming & Racing and the Licensee also have the power to make an application pursuant to Section 25 (7) of the Act.

 

Section 67       Summons to show cause against taking of disciplinary action

 

Section 67 of the Act allows a local consent authority to bring a Complaint against a licensee or manager of a licensed premises on specific grounds. The complaint is heard by the Licensing Court with the Council who brings the complaint acting as the Prosecutor.

 

Unlike Section 104 complaints these types of complaint proceedings are civil prosecutions determined by evidence that can be properly adduced which establishes by way of fact that the grounds of Council’s complaint have been made out. Penalties or Orders in regard to complaint hearings are at the discretion of the Court.

 

In finding a complaint has been made out, the Court may take a broad range of disciplinary action. The penalties and orders the Court may make, including monetary penalties and the disqualification of a person from holding a liquor licence.  Where “public interest” grounds of a complaint are made out, the Court may make orders in respect to the exercise of the licence, as it thinks fit.

 

A Complaint pursuant to Section 67 of the Act may also be brought by the owner of the licensed premises, the Commissioner of Police, the Director of Gaming & Racing and resident/s in the vicinity of the licensed premises

 

2.         ALTERNATIVE OPTIONS

 

Notwithstanding the legal options available to Council to address the trading hours of the Coogee Bay and Beach Palace Hotel and anti-social behaviour in the locality, it is always prudent to resolve issues of concern, if possible, without first resorting to legal action. Particularly, considering the extent of evidence which would be necessary to proceed with relevant legal action and the potential costs associated with such action.

 

I note that there are approximately 24 licensed premises within the Coogee Commercial district. It may be possible that not all of the incidents of alcohol related anti-social behaviour could be attributed solely to the 2 hotel premises. Some of the incidents of anti-social behaviour may be the result of other factors such as, under aged drinking, the loitering of youths in public places and patrons of other licensed premises. This is not to suggest that the Coogee Bay and Beach Palace Hotels do not contribute to these types of incidents. The assumption can also be made that given their size and hours of trade that they do contribute to these problems. However, beyond the anecdotal, there is no documentary evidence that quantifies the social impact that the Coogee Bay and Beach Palace hotels are having on the Coogee area. 

 

Although the subject of discussions through the Liquor Accord’s Coogee Safety Committee, Council has not previously explored the concerns and any possible solutions directly with the proprietors of the subject premises. Therefore, Council is not aware of the options and solutions which may be pursued on a voluntary basis by the subject hotels.

 

I have recently held preliminary discussions with the owners of the Coogee Bay Hotel, Beach Palace Hotel and Council’s General Manager, with a view to conducting further research into the nature and extent of anti-social behaviour in the locality and to explore possible solutions to any identified problems associated with these premises.

 

In this regard, to properly identify the social impacts that the Coogee Bay and Beach Palace hotels are having on the Coogee area, it is considered that a comprehensive Social Impact Assessment (SIA) should be carried out for the respective hotel premises. This would provide an assessment of the social impacts the hotel premises are having upon the area, carried out in accordance with a prescribed method (which already exists within the Liquor Act 1982). At the same time, Council can further discuss possible voluntary measures the premises may be amenable to implementing to address Council’s concerns., such as:

·    Voluntary reduction of trading hours.

·    Patron lock-out and/or progressive exit policy.

·    Improved security arrangements.

·    Development and implementation of operational and security management plan.

·    Complaints management and incident register system.

 

These discussions and actions will be followed up by Council’s officers and should a Social Impact Assessment be carried out, a further report can be provided to Council upon finalisation of the assessment and report.

 

 

RECENT DEVELOPMENTS

 

Eastern Beaches Liquor Accord

 

The Coogee Safety Committee established by the Eastern Beaches Liquor Accord, recently discussed the matters arising from Council’s resolution 403, regarding alcohol related anti-social behaviour in the Coogee area and the operation of the Coogee Bay Hotel and Beach Palace Hotel. Whilst the Committee shares the general concerns regarding anti-social behaviour in the Coogee area, it is considered that there is little evidence available, other than anecdotal, which clearly identifies the extent and cause of the anti-social behaviour and also the extent to which can be directly attributed to the operation of the Coogee Bay Hotel and Beach Palace Hotel.

 

It was subsequently resolved by the Coogee Safety Committee to request Council to undertake research to identify and assess the contributing factors to anti-social behaviour in the area and to devise suitable strategies to address the issues.

 

Having discussed this matter with Council officers, rather than Council carrying out such an investigation and research, it is considered that it would be more suitable to have a comprehensive Social Impact Assessment carried out for the subject premises, in accordance with the methodology prescribed in the Liquor Act 1982.

 

The Social Impact Assessment would be carried out by a qualified and experienced consultant and it would provide Council and all other stakeholders with recognised research and analysis of the extent and nature of the social impacts associated with the subject premises.

 

To maintain independence and transparency, any Social Impact Assessment should be carried out by a consultant nominated by Council’s General Manager, however funding for the Social Impact Assessment should be provided by the Coogee Bay Hotel and Beach Palace Hotel.

 

Section 104 Complaint

 

I am advised that a number of residents have recently lodged a complaint with the Liquor Administration Board, under section 104 of the Liquor Act 1982 and section 17AA of the Registered Clubs Act 1976, in relation to the operation of the Coogee Beach Palace Hotel, the Coogee Bay Hotel and the Randwick Rugby Club.

 

The grounds of the complaint is that the quiet and good order of the neighbourhood has

been unduly disturbed as a result of the manner in which the Club and Hotel premises conduct their business and the behaviour of persons after they have left the premises.

 

 

The complainant seeks the following outcome:

1.   Reduction in the number of patron permitted to be served at any one time in the larger premises.

2.   Midnight closing for the Beach Palace and Coogee Bay Hotels.

3.   Enforcement of licence conditions and responsible service of alcohol.

4.   Revoking of the licence to serve alcohol in the public area outside the Beach Palace Hotel.

5.   Enforcement of the Alcohol Free Zones, the Sunset to Sunrise notices and the Summary Offences Act.

 

The complaint will initially be subject to a conference at the LAB on 21 November 2005, to be presided over by Mrs Kok, Licensing Magistrate and the determination of this matter will not be known until the conclusion of the conference.

 

The Board has requested Council representation at the conference, with a request for the submission of information in respect to consents, public entertainment approvals, comments in respect to the current application by the Beach Palace to vary Liquor Licence conditions and other relevant matters prior to the conference.

 

Whilst, this complaint is independent of Council’s previous resolution and the recommendation contained in this report, any Council resolutions arsing from this report may be incorporated into Council’s future representations at the conference. Also, should Council determine to make a complaint to the LAB under section 104 of the Liquor Act, the matter may be determined by the Board in conjunction with the current residents complaint.

 

The Director of City Planning will provide Council with an update of this conference at the Council meeting.

 

Proposed legislative reforms

 

Following an article titled "Clubs and Pubs Cheer Liquor Law Shake-up" published in the Sun Herald , 6 November 2005, Council officers made enquiries with the Department of Gaming & Racing who advise that as a result of the National Competition Policy Review of NSW Liquor Laws, it is proposed that the State government will undertake a complete rewrite of the existing liquor licensing legislation. The consultation process will be in the form of a Consultation Draft Bill, likely to be released in 2006.

 

This re-write may result in a complete new framework in which the sale and supply of liquor is administered in NSW, possibly moving the current judicial review conducted by the Licensing Court and Liquor Administration Board in respect to the grant of liquor licenses, to an administrative process. There are no details available at this stage as to the precise reforms or who will be responsible for this process, with the exception that it will not be Local Government.

 

I can further advise that as a result of the above reforms, the Draft Liquor Amendment Legislation which proposed to amend the Liquor Act 1982 and the Registered Clubs Act 1976 (in which Council also prepared a submission to the Director Gaming & Racing in April this year) will not proceed at this stage, however, the proposed provisions will be included in the new legislative drafts.

 

I am advised that there will be a formal announcement in regard to the proposed reforms in the foreseeable future.

 

FINANCIAL IMPACT STATEMENT

 

The financial impact in regard to this matter depends largely on what course of action is proceeded with by Council. The costs to Council would range from Council officers’ time in the normal course of their duties, increasing for the purpose of evidence gathering, the specific dedication of staff resources over a significant period of time and professional and legal costs, should the proceedings outlined in this Minute be commenced against the hotel premises.

 

Based on previous Licensing Court matters, it is estimated that to run an application in the Licensing Court of New South Wales to reduce the trading hours of the licensed premises, each application would cost in the order of $60,000 to $80,000. Council would also be exposed to costs orders should Council be unsuccessful in the formal legal proceedings outlined in this Minute.

 

CONCLUSION

 

As identified in this report, Council is able to make a complaint to the Liquor Administration Board or to take legal action in the Licensing Court of New South Wales against particular licensed premises. However, I am advised that these legal options should be approached with caution.

 

At this point in time, it is considered that Council does not possess sufficient documentary evidence which would be required to support the commencement of legal proceedings in the Licensing Court to reduce the hotel premises trading hours.

 

The Coogee Safety Committee shares Council’s concerns regarding anti-social behaviour in the Coogee area and they also consider that there is insufficient evidence available which identifies the extent and cause of the anti-social behaviour and the extent to which can be attributed to the operation of the Coogee Bay Hotel and Beach Palace Hotel.

 

To fully identify the extent and cause of the anti-social behaviour and to develop appropriate solutions, a comprehensive Social Impact Assessment should be carried out for the subject premises, in accordance with the methodology prescribed in the Liquor Act 1982.

 

The Social Impact Assessment would be carried out by a qualified and experienced consultant and it would provide Council and all other stakeholders with recognised research and analysis of the extent and nature of the social impacts associated with the Coogee Bay Hotel and Beach Palace Hotel.

To maintain independence and transparency, any Social Impact Assessment should be carried out by a consultant nominated by Council’s General Manager, however funding for the Social Impact Assessment should be provided by the Coogee Bay Hotel and Beach Palace Hotel.

 

Should the outcomes and strategies arising from the Social Impact Assessment prove unsuccessful in addressing the identified problems, it would still remain open to Council to take the appropriate legal action, at any future date,

 

It is considered that the following options should be considered by Council:

 

Option 1.

 

Council request the proprietors of the Coogee Bay Hotel and Beach Palace Hotel to carry out a comprehensive Social Impact Assessment (in accordance with the methodology prescribed in the Liquor Act 1982), by a suitably qualified and experienced consultant nominated by the General Manager, at the expense of the subject premises, and any further actions contained within Council’s resolution Number 403, be held in abeyance pending the completion of the Social Impact Assessment and consideration of a subsequent report to Council, or

 

Option 2.

 

Council proceed with a Complaint against the Coogee Bay Hotel and Beach Palace Hotel pursuant to Section 104 of the Liquor Act 1982, or the making of an application to the Licensing Court of New South Wales pursuant to Section 25 (7) of the Liquor Act 1982 seeking the reduction in licensed trading hours for the Coogee Bay Hotel and Beach Palace Hotel.

 

RECOMMENDATION:

 

It is recommended that:

 

1.         Council request the proprietors of the Coogee Bay Hotel and Beach Palace Hotel to carry out a comprehensive Social Impact Assessment (in accordance with the methodology prescribed in the Liquor Act 1982), by a suitably qualified and experienced consultant nominated by the General Manager, at the expense of the subject premises, and

 

2.         any further actions contained within Council’s resolution Number 403, be held in abeyance pending the completion of the Social Impact Assessment and consideration of a subsequent report to Council.

 

ATTACHMENT/S:

 

 Nil

 

………………………………

 

TED SENG

 

MAYOR

 

 


 

MAYOR'S MINUTE 145/2005

 

 

 

SUBJECT:

WAIVING OF FEES - COOGEE SURF LIFE SAVING CLUB

 

 

DATE:

20 October, 2005

FILE NO:

F2004/08286

 

 

REPORT BY:            MAYOR   

 

 

INTRODUCTION:

 

Ms Heather Morris of the Coogee Surf Life Saving Club has approached Council for assistance in waiving the fees associated with the use of Coogee Beach for its ocean swim, the Express Glass Island Challenge around Wedding Cake Island on Sunday, 27 November, 2005.

 

 

ISSUES:

 

The event is being organised by the Coogee Surf Life Saving Club to celebrate National Surf Lifesaver’s Day.  The event has the support of the Surf Life Saving Association (at Branch, Sydney and State Levels). 

 

Beach Hire-Coogee Beach                               $526.90

Application Fee                                                $130.00

Extra Beach Cleaning                                        $500.00

2 Multi-Skill workers (full day)              $700.00

 

TOTAL                                                        $1,856.90

 

 

FINANCIAL IMPACT STATEMENT:

 

In the event that Council accepts the report recommendation, the direct financial implication to Council will be a contribution of $1,856.90 from Council’s 2005/06 Contingency Fund.

 

RECOMMENDATION:

 

That:

 

1.         Council vote $1,856.90 to cover the fees associated with the Express Glass Island Challenge and funds be charged to the Contingency Fund 2005/06;

2.         The event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event.

 

3.         The Mayor or his representative be given the opportunity to address the event on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 146/2005

 

 

 

SUBJECT:

WAIVING OF FEES - 2ND PAUL TRAVINI CUP COMMUNITY CRICKET DAY

 

 

DATE:

15 November, 2005

FILE NO:

F2004/06051

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

An application has been received from the Eastern Beaches Local Area Command – Maroubra Police Station to hold the  “2nd Paul Travini Cup Community Cricket Day” on Sunday, 5th December, 2005 at Woomera Reserve, Little Bay.   This event is a community event between the local community and Police, which seeks to improve the understanding between the two along with building relationships.

 

ISSUES:

 

Given this is a non-profit event, Council’s assistance is requested in covering the fees associated with this activity:-  

 

Local Approval Application Fee                                                           $   130.00

Supply and remove additional bins (based on 10 by 240L bins) $   550.00

Hiring of 3 portaloos including one disabled toilet                                   $   850.00

Food Registration Form                                                                        $     90.00

Audio, Stage, Generator                                                                       $   784.00

Jumping Castle                                                                         $   405.00

 

                                                                        TOTAL:                      $2,809.00

 

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $2,809.00 and currently there are sufficient funds in the Contingency Fund 2005/06 to cover this contribution. 

 

CONCLUSION:

 

It is considered that this event is a non-profit activity and to assist with the event, costs be allocated to cover the associated fees. 

 

RECOMMENDATION:

 

That:-

 

1.   Council vote $2,809.00 to cover the fees associated with the event and funds be allocated from the Contingency Fund 2005/06.

 

2.   the event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event.

 

3.   the Mayor or his representative shall be given the opportunity to address the event on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 147/2005

 

 

 

SUBJECT:

REQUEST FROM PROFESSOR PETER MURPHY TO SUPPORT UNSW’S SUSTAINABLE SCHOOLS AWARDS ON DECEMBER 5, 2005.

 

DATE:

16 November, 2005

FILE NO:

F2005/00104

 

 

REPORT BY:            MAYOR     

 

INTRODUCTION:

 

The University of New South Wales (UNSW) has invited Randwick Council to support the Sustainable Schools Awards conducted annually as the Sustainable Living Challenge.

 

During the development of Council’s Sustaining our City Program and the preparation of the Sustainability Agreement between Council and UNSW it was agreed to utilise the specialist resources and expertise of the University to progress environmental education programs through Randwick schools.

 

ISSUES:

 

A major focus of Council’s Sustaining our City initiative that came through in the development of Randwick’s environmental levy program and its subsequent approval by the Department of Local Government is community and schools education. A key element of Council’s effort is preparation of an Environmental Education Strategy. A sensible approach to delivering a number of Council’s likely environmental education outcomes is by linking local secondary schools to programs such as the UNSW’s Sustainable Living Challenge.

 

The UNSW has conducted the Sustainable Living Challenge for around 8 years. The Challenge targets secondary schools across NSW and provides support to undertake environmentally sustainable projects throughout the school year. The results of these projects are recognised in a special sustainable schools awards day held in December each year.

 

Due to its success, the Sustainable Living Challenge now attracts high numbers of secondary school entrants from around NSW. Prior to December 2004, only one local school had participated in the Challenge. In conjunction with the combined efforts of the Sustaining our City initiative and UNSW, 3 secondary schools participated in 2005 and over 300 Randwick students will be attending the Awards day in December.

 

UNSW has invited Randwick City to support and participate in the Awards ceremony on Monday, Dec 5. Sponsorship of $4,800 would enable Randwick Council to be recognised as the major supporter of the Awards ceremony and provide Council the opportunity to present up to 4 of the main Awards across the 3 major schools categories - Research, Design and Actions.

 

Randwick would also be given prominent recognition throughout the proceedings, on the large screen used to relay results and by the hosts, Vox Bandicoot. In the past, this event has received broad media coverage.

 

FINANCIAL IMPACT STATEMENT:

 

The financial impact to Council will be $4,800. The funding will be made available from the environmental education component of Council’s Sustaining our City initiative

 

CONCLUSION:

 

Research into environmental and sustainability community education indicates the importance of reaching the local school audience as part of the community education approach. This is particularly important due to the strong influence school children have in their home and with family members in changing household behaviour and creating positive environmental changes both within the school and their home.

 

Supporting the University’s Sustainable Living Challenge is appropriate not only as it strengthens our relationship with UNSW under our Sustainability Agreement, it also encourages schools to tap into specialist sustainability educational resources and expertise likely be of benefit to Randwick’s own environmental education efforts. 

 

RECOMMENDATION:

 

That:

 

1)   Randwick Council support the Sustainable Living Awards conducted by UNSW to an amount of $4,800;

2)   funding be provided from the environmental education component of the Sustaining our City program;

3)   the appropriate level of acknowledgment be provided to Randwick Council as the main supporter of the Awards; and

4)   staff from Sustaining our City work with the organisers of the Awards to maximise the exposure and benefits to Randwick City.

 

ATTACHMENT/S:

 

Nil

 

………………………………

………………………………

TED SENG

 

MAYOR

 


 

MAYOR'S MINUTE 148/2005

 

 

 

SUBJECT:

"CAROLS BY CANDLELIGHT" AT PIONEER PARK, MALABAR - REQUEST FOR WAIVING OF FEES.

 

 

DATE:

31 October, 2005

FILE NO:

F2004/07731

 

 

REPORT BY:            MAYOR   

 

INTRODUCTION:

 

A request has been received from Rev. Andrew Moore of St Marks Anglican Church, Malabar, seeking assistance with the waiving of associated fees when the Community “Carols by Candlelight” are held on Saturday, 17 December in Pioneer Park, Malabar.

 

ISSUES:

 

The “Carols by Candlelight” in Pioneer Park are a community festive event and Rev Moore is approaching the local schools in the area to invite them to participate in the evening’s carol celebrations. The committee has organised musicians and a music director.

 

Pioneer Park is leased to the South Eastern Football Club and written permission has been received from Mr Chris Doyle of the Club for St Mark’s Anglican Church to hold the carols in Pioneer Park on 17 December.

 

FINANCIAL IMPACT STATEMENT:

 

Associated fees are as follows:

 

Installation/dismantling portable stage as per quote                                $1,487.05

Supply of generator & of audio equipment                                             $   250.00

Approval Fee                                                                                       $     88.00 

Supply/removal of four bins @ $55.00 per bin                         $   220.00  

Additional Toilet Cleaning                                                                     $   385.00

2,000 pamphlets (committee to distribute)                                             $   200.00

CCLI & APRA event license costs                                                       $   249.50

 

                                                                        TOTAL:                      $2,879.55

 

 

These costs could be funded from the Councillors’ Contingency Fund budget.

 

CONCLUSION:

 

Should Council accept the report recommendation, the financial implication to Council is $2,879.55 and currently there are sufficient funds in the Contingency Fund 2005/06 to cover this contribution. 

 

RECOMMENDATION:

 

That: 

 

1.   Council vote $2,879.55 to cover the fees associated with the “Carols By Candlelight” to be held on 17 December, 2005, and that these funds be allocated from the 2005/06 Contingency Fund budget.

 

2.   The event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event.

 

3.   The Mayor or the Mayor’s representative be given the opportunity to address the event on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 149/2005

 

 

 

SUBJECT:

WAIVING OF FEES - COOGEE SURF LIFE SAVING CLUB - ANNUAL OPEN CARNIVAL

 

 

DATE:

15 November, 2005

FILE NO:

F2004/08286

 

 

REPORT BY:            MAYOR   

 

 

INTRODUCTION:

 

Mr Greg Causer of the Coogee Surf Life Saving Club has approached Council for assistance in waiving the fees associated with the use of Coogee Beach for its Annual Open Surf Carnival to be held on Saturday 4TH February, 2006.

 

 

ISSUES:

 

The Coogee Surf Open Carnival is a major event held on Coogee Beach annually and draws many competitors from Sydney and outer areas, along with many visitors to Coogee and its surrounds. As there is no allocated budget for this type of activity it is considered appropriate that Council allocate funds for waiving the fees which includes:

 

All day hire fee of Coogee Beach                                              $   526.90

Extra bins (10–240lt sulo) (supply & remove)               $   550.00

1 extra staff – cleaning                                                  $   350.00

Beach Cleaning                                                             $   550.00

Application Fee                                                                        $   130.00

Food Stall                                                                                $     90.00

 

TOTAL                                                                                   $2,196.90

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implications to Council is $2,196.90 and there are currently sufficient funds in the Councillors’ Contingency Fund 2005/0006 to cover this contribution.

 

CONCLUSION:

 

It is considered that the Annual Coogee Surf Carnival is a major community event and that the associated fees totalling $2,196.90 be allocated to cover expenses.

RECOMMENDATION:

 

That

 

1.         Council vote $2,196.90 to cover the fees associated with the holding of the Coogee Open Surf Carnival that was held on Saturday 4th February, 2006, and that the funds be allocated from the Councillors’ Contingency fund.

 

2.         The organiser of the Annual Carnival undertake to appropriately and prominently acknowledge and promote Council’s contribution to the Carnival.

 

3.         The Mayor or his representative shall be given the opportunity to address the event on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 150/2005

 

 

 

SUBJECT:

WAIVING OF FEES - RANDWICK CITY TOURISM VIDEO FOR VISITORS

 

 

DATE:

14 November, 2005

FILE NO:

F2005/00797 xr F2004/07099

 

 

REPORT BY:            MAYOR   

 

INTRODUCTION:

 

Terry McGuinness, President of Randwick City Tourism Inc., has met with Council’s officers seeking the waiving of fees associated with the filming of a visitor DVD from December, 2005 to April, 2006.

 

ISSUES:

 

Randwick City Tourism is working with a group of young people, through an accredited training agency, on the filming of a visitor DVD on the Randwick City area.

 

This amateur group is based in the Unilodge in Anzac Parade, Kensington.

 

The film group is presently working on an outline for the DVD and shooting with a hand held camera will commence shortly.  The projected date for filming is between December, 2005 and April, 2006. It is proposed that the public shooting locations will be throughout the City on an intermittent basis for up to five half days.

 

In addition, filming will take place within private premises such as the Australian Jockey Club, the Coogee Bay Hotel, Yarra Bay Sailing Club and various golf courses, etc.  Three copies of the finalised DVD will be provided to Council libraries.

 

The request for waiving of fees is based on the fact that Randwick City Tourism Inc. is a registered not-for-profit organisation whose goals are to promote Randwick as a desirable visitor destination and to generate local employment opportunities.  The Council fees associated with this activity are:

 

            Application Fee                           :       $88.00

            Filming Fees (low impact)            :  $2,750.00

            Total                                          :  $2,838.00

 

 

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the recommendation in this Minute, the financial implication to Council is $2,838.00 and currently there are sufficient funds in the Contingency Vote for 2005/06 to cover this contribution.

 

CONCLUSION:

 

The efforts of Randwick City Tourism Inc. in fostering a co-operative training environment should be supported and Council should agree to the organisation’s current request for the waiving of fees associated with the filming of this amateur video production.

 

RECOMMENDATION:

 

(a)        That Council vote the sum of $2,838.00 to cover the fees associated with the filming of the visitor DVD and funds be allocated from the Contingency Fund in the 2005/06 budget;

 

(b)        That Randwick City Tourism Inc. undertake to appropriately acknowledge Council’s contribution in the credits of the film; and

 

(c)        That three (3) copies of the finalised DVD be provided to Council’s libraries.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 151/2005

 

 

 

SUBJECT:

RANDWICK SHIELD AT MAROUBRA BEACH - WAIVING OF FEES.  

 

 

DATE:

3 November, 2005

FILE NO:

F2004/08302

 

 

REPORT BY:            MAYOR     

 

INTRODUCTION:

 

An application has been received from Maroubra Surf Life Saving Club seeking Council’s assistance in the waiving of fees for the Randwick Shield which is to be held at Maroubra Beach on 20 November, 2005, from 8.30am to 11am.

 

The four Surf Clubs within the City, Clovelly, Coogee, Maroubra and South Maroubra will be attending and participating in junior activities.  The Carnival includes beach events (sprint and flag races) and water events (swim and board races) for juniors between the ages of 8 to 13.

 

ISSUES:

 

The annual non-profit community beach event gathers the local community and visitors to the beach and its surrounds and draws many competitors to enjoy the day. It is considered that the event is very worthwhile and well received within the community in previous years.

 

Listed below are associated fees:-

 

Application Fee                                                $  88.00

Beach Hire                                                         283.30

One staff member                                               350.00

TOTAL:                                                          $741.30

 

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $741.30 and currently there are sufficient funds in the Contingency Fund to cover these contributions.

 

 

 

CONCLUSION:

 

On previous occasions Randwick Council has provided considerable support for the junior surfing activity and it is considered that Council’s support be given again this year by the waiving of the associated fees.

 

RECOMMENDATION:

 

That:

 

1)   Council vote $741.30 to cover the fees associated with the Randwick Shield to be held at Maroubra Beach on 30 November, 2005, from 8.30am to 11am and funds be allocated from the Contingency Fund;

 

2)   the event organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event;  and

 

3)   the Mayor’s representative shall be given the opportunity to address the event on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

TED SENG

 

MAYOR

 

 

 

 

 

 

 


 

GENERAL MANAGER'S REPORT 55/2005

 

 

SUBJECT:

SEPT 2005 QUARTER REVIEW - 2005-08 MANAGEMENT PLAN

 

 

DATE:

15 November, 2005

FILE NO:

F2005/00378

 

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

The purpose of this Report is to update Councillors on the implementation of the 2005/08 Management Plan.

 

 

ISSUES:

 

This is the September 2005 Quarterly Review of the 2005/08 Management Plan. Under the Local Government Act 1993, there is the requirement that a Report must be provided after the end of each quarter, detailing the extent to which performance indicators and targets set by Council’s Management Plan have been achieved during the quarter.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Each Department has reviewed those targets not being achieved, and comments on those matters are included in the Report. The purpose of this Review is to inform and update Council and the community on the progress of all outcomes of the programmes contained in the adopted Management Plan.

 

 

RECOMMENDATION:

 

That the information contained in the September 2005 Quarterly Progress Report – 2005/08 Management Plan be received and noted.

 

 

 

ATTACHMENT/S:

 

UNDER SEPARATE COVER - SEPT 2005 REVIEW 2005-06 MANAGEMENT PLAN

 

 

 

 

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

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 56/2005

 

 

SUBJECT:

2004-05 ANNUAL REPORT

 

 

DATE:

15 November, 2005

FILE NO:

F2005/00388

 

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

Under s428   of the Local Government Act 1993, Council must prepare an Annual Report and publish it by 30 November each year. The Annual Report must also include the Audited Financial Report.

 

 

ISSUES:

 

The 2004-05 Annual Report has been prepared in accordance with the Act. The Act requires that the Annual Report includes the Audited Financial Reports. The Financial Reports are the subject of a separate report to Council and are not included as an attachment to this Report.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The 2004-05 Annual Report will be sent to the Minister by 30 November 2005. The report will also be available on Council’s web site, but will not include all the graphics so that it is quicker for the community to download and access it. Copies will also be placed in the Council Libraries.

 

 

RECOMMENDATION:

 

 That the 2004-05 Annual Report be received and noted.

 

 

 

 

ATTACHMENT/S:

 

UNDER SEPARATE COVER - 2004-05 ANNUAL REPORT

 

 

 

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

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 57/2005

 

 

SUBJECT:

AFFIXING OF COUNCIL SEAL

 

 

DATE:

4 November, 2005

FILE NO:

F2004/06336, F2004/06862

 

 

REPORT BY:            GENERAL MANAGER    

 

INTRODUCTION:

 

Clause 400 (part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

ISSUES:

 

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

 

1.   Lela Radojkovic (T/As Billingsgate Fish Café) in relation to a licence for the purpose of outdoor dining at 36-40 St Pauls Street, Randwick.

2.   Anastasia & Jeremy Charles Lavis (T/As The Globe Café) in relation to a licence for the purpose of outdoor dining at 203 Coogee Bay Road, Coogee.

3.   Surfing New South Wales in relation to a licence for Part of Crown Reserve No. D500382 known as Arthur Byrne Reserve Trust, more particularly described as comprising part of Level 1 & the garage  located on the ground floor of Maroubra Beach Pavilion building, situated at 3R Marine Parade, Maroubra Beach.

4.   Coogee Croquet Club Inc in relation to a licence for part of Bardon Park (Reserve Number R89182) comprised of Lots 2 and 3 in Section 25 in the Deposited Plan Number 758272, more particularly described as the Coogee Croquet Club house & grounds.

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

6.   Learning Links (an Australian Public Company Limited by Guarantee) in relation to a commercial lease for Lot 1, DP 706975 more particularly described as Suite 1/20 Silver Street, Randwick.

7.   Mr Leopold Feld in relation to a ‘Withdrawal of Caveat’ form to remove caveat number ‘K976807’ from the title of property at 10 Hargraves Place, Maroubra (Folio Identifier: 313/231907).  This caveat placed a restriction on the re-sale of the said property within a period of three (3) years from the date of its acquisition by the current registered proprietors, Mr Leopold Abraham Feld.

8.   The Department of Lands, Land & Property Information Division for notification of dedication under the Housing Act 1976 Section 15 (3) & (4) for Lot 218 DP 815807.

9.   Yair Aviad (T/As ChocolArt Café) in relation to a licence for the purpose of outdoor dining at 56 Belmore Road, Randwick.

 

FINANCIAL IMPACT STATEMENT:

 

In signing of these agreements, Council will receive the following income –

 

1.         An outdoor dining licence agreement with Lela Radojkovic (T/As Billingsgate Fish Cafe) will generate an annual income of $2,846.72 + GST.

2.         An outdoor dining licence with Anastasia & Jeremy Charles Lavis (T/As The Globe Cafe) will generate an annual income of $2,249.88 + GST.

3.         A licence agreement with Surfing New South Wales will generate an annual income of $13,500.00 + GST from 26 October 2005.

4.         A licence agreement with Coogee Croquet Club Inc. will generate an annual income of $641.90 + GST.

5.         The licence agreements with Maroubra Diggers Winter Weakies Swimming Club will generate an annual income of $1.00 + GST.

6.         A lease agreement with Learning Links (An Australian Public Company Limited by Guarantee) will generate an annual income of $21,000.00 + GST.

7.         There is no direct financial impact for signing of the withdrawal of caveat over 10 Hargraves Place, Maroubra.

8.         There is no direct financial impact for signing of the Request for recording of notification of dedication of Lot 218 DP 815807.

9.         An outdoor dining licence with Yair Aviad (T/As ChocolArt Café) will generate an annual income of $674.52 + GST

 

CONCLUSION:

 

Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal.

 

RECOMMENDATION:

 

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

 

1.   Lela Radojkovic (T/As Billingsgate Fish Café) in relation to a licence for the purpose of outdoor dining at 36-40 St Pauls Street, Randwick.

2.   Anastasia & Jeremy Charles Lavis (T/As The Globe Café) in relation to a licence for the purpose of outdoor dining at 203 Coogee Bay Road, Coogee.

3.   Surfing New South Wales in relation to a licence for Part of Crown Reserve No. D500382 known as Arthur Byrne Reserve Trust, more particularly described as comprising part of Level 1 & the garage  located on the ground floor of Maroubra Beach Pavilion building, situated at 3R Marine Parade, Maroubra Beach.

4.   Coogee Croquet Club Inc in relation to a licence for part of Bardon Park (Reserve Number R89182) comprised of Lots 2 and 3 in Section 25 in the Deposited Plan Number 758272, more particularly described as the Coogee Croquet Club house & grounds.

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

6.   Learning Links (an Australian Public Company Limited by Guarantee) in relation to a commercial lease for Lot 1, DP 706975 more particularly described as Suite 1/20 Silver Street, Randwick.

7.   Mr Leopold Feld in relation to a ‘Withdrawal of Caveat’ form to remove caveat number ‘K976807’ from the title of property at 10 Hargraves Place, Maroubra (Folio Identifier: 313/231907).  This caveat placed a restriction on the re-sale of the said property within a period of three (3) years from the date of its acquisition by the current registered proprietors, Mr Leopold Abraham Feld.

8.   The Department of Lands, Land & Property Information Division for notification of dedication under the Housing Act 1976 Section 15 (3) & (4) for Lot 218 DP 815807.

9.   Yair Aviad (T/As ChocolArt Café) in relation to a licence for the purpose of outdoor dining at 56 Belmore Road, Randwick.

 

 

ATTACHMENT/S:

 

Nil

 

 

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

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 58/2005

 

 

SUBJECT:

AFFIXING OF THE COUNCIL SEAL

 

 

DATE:

10 November, 2005

FILE NO:

F2004/06107

 

 

REPORT BY:            GENERAL MANAGER    

 

 

INTRODUCTION:

 

Clause 400 (part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

ISSUES:

 

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

 

Jeratha Pty Ltd, Anthony Alexandrou, Maria Alexandrou, Francine Alexandrou, Paul Alexandrou, Christopher Alexandrou, Sutter Holdings Pty Ltd, and Treetrove Investments Pty Ltd in relation to a licence for the elevated platform, stairs and ramp located on the public footway along the Anzac Parade frontage of Lot 1 DP 1082481, also known as 159-171 Anzac Parade, Kensington.

 

The licence has been prepared to formalise a right to use the licensed area for access to the property in line with the terms of the positive covenant AB551177 registered on the said title.

 

FINANCIAL IMPACT STATEMENT:

 

Council, in signing these agreements, will receive income  of $10.00 (+GST) per annum.

 

CONCLUSION:

 

Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal.

 

 

 

 

RECOMMENDATION:

 

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

 

Jeratha Pty Ltd, Anthony Alexandrou, Maria Alexandrou, Francine Alexandrou, Paul Alexandrou, Christopher Alexandrou, Sutter Holdings Pty Ltd, and Treetrove Investments Pty Ltd in relation to a licence for the elevated platform, stairs and ramp located on the public footway along the Anzac Parade frontage of Lot 1 DP 1082481, also known as 159-171 Anzac Parade, Kensington.

 

 

ATTACHMENT/S:

 

Nil

 

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

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 59/2005

 

 

SUBJECT:

COOGEE CAROLS SPONSORSHIP

 

 

DATE:

16 November, 2005

FILE NO:

F2004/07731

 

 

REPORT BY:            GENERAL MANAGER    

 

INTRODUCTION:

 

Coogee Carols is a popular annual community event staged by Council which attracts up to 5000 Participants. The success of the event largely relies on the assistance of local volunteers and sponsorship from local businesses. The purpose of this report is to provide Council with an update on this years proposed program and seek endorsement for a proposed sponsorship opportunity.

 

ISSUES:

 

This year Council’s Coogee Carols event will be held on Sunday 18th December between 6pm – 8pm at Goldstein Reserve. Coogee Carols is an established family and community event that showcases local talent and also attracts a number of high profile entertainers. Funds are also raised at the event through the sale of candles and glow sticks, the proceeds of which are donated to the Children’s Cancer Institute of Australia.

 

The program for this year’s event includes performances from local entertainers, a live band, Christmas Carol songs and the appearance of renowned entertainers. A number of commercial food and refreshments stall operators such as the Lions Club will also be in attendance selling food and refreshments.

 

The success of this event largely relies on an ongoing financial contribution from Council, assistance from local residents as volunteers and sponsorship from local and wider businesses in the Coogee area. Last year Foxtel provided sponsorship for an amount of $10,000. However this year Foxtel has indicated that it is unable to commit to the event. At this stage over 50 businesses have been approached by Council to provide sponsorship however only one sponsorship proposal has been received from Mr Chris Warhurst and Chris Joliffe representing The Palace Group. Mr Warhurst approached Council early in the year with the offer of sponsorship. In previous years the Coogee Palace sponsored the event by providing catering for the performers.

 

The Coogee Palace is interested in being a major sponsor for the Coogee Carols Event and thereby promote their support for local family-based community events and activities. The Palace has agreed to offer a financial contribution of $10,000, provide catering to the performers as well as gifts of appreciation to celebrity entertainers free of charge.

 

In return for sponsorship for the Carols event, the Palace has requested to hold a food and drink stall during the event without fee. Among other consumables the stall will offer soft drinks, light snacks as well as wine and beer sold in plastic containers for purchase. The Palace has pledged 20% of profits from the stall to be donated to the Children’s Cancer Institute.

 

In addition to Carols, Council organises the annual New Years Eve Fire Works and local businesses are approached to sponsor the event. Last year sponsorship from the Coogee Palace and Coogee Bay Hotel amounted to $11,000. This year both the Palace and Coogee Bay Hotel, have once again indicated their willingness to support the New Years Eve event through sponsorship. The Palace has agreed to support the event by providing a $6,000 sponsorship contribution.

 

An Alcohol Free Zone limit applies to the consumption of alcohol at the Coogee Carols vent location from sunset to sunrise. As the event concludes at 8pm, the sale of alcohol will cease at sunset.  Endorsement is however sought from Council for the sponsorship opportunity proposed by the Palace Group.

 

FINANCIAL IMPACT STATEMENT:

 

The approximate cost for Coogee Carols this year is $35,000 (refer to table below).

 

Glowsticks                              

$1500

Distribution of leaflets   

$500

Banner            

$1500

Security                                   

$2,000

Water for Choir                                   

$100

Piano Hire

$500

Music Stand Hire

$200

John Field Band                                   

$4,000

Printing Costs (outhouse)

$3,500

Printing Costs (inhouse)

$600

Fete Stall & Hokka Tent

$600

Stage/Sound/Lighting (includes green room & Generator)

$20,000

Total

$35,000

           

An amount of $25,000 has been allocated to the Event within Council’s existing 2005/06 Events Budget. In the case that Council accepts this reports recommendation, an additional $10,000 will be made available to Council as sponsorship from The Palace Group. This amount will cover any shortfalls in Council funding towards the event.

 

CONCLUSION:

 

Given that Coogee Carols is an important event in the Randwick City Calendar and that the Coogee Palace has expressed its support for this and other family related community events, it is considered appropriate for Council to favourably consider the sponsorship opportunity detailed within this report.

RECOMMENDATION:

 

That Council

 

1.   Note the planned program for the 2005 Coogee Carols Event.

2.   Endorse the sponsorship opportunity proposed by the Palace Group for the 2005 Coogee Carols Event.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

GENERAL MANAGER

DIRECTOR, CITY PLANNING

 

 

 

 


 

Director, City Services' Report 140/2005

 

 

 

SUBJECT:

LA PEROUSE TOILET BLOCK

 

 

DATE:

15 November, 2005

FILE NO:

F2004/06044

 

 

REPORT BY:            DIRECTOR, CITY SERVICES     

 

INTRODUCTION:

 

Council at its meeting held on 23 August, 2005, on the Motion of Councillor Belleli and Councillor Kenny resolved -

 

“That a report be prepared for the Works Committee on the condition of the toilet block adjacent to the Snake Pit at La Perouse, addressing issues such as replacement/refurbishment and or relocation.”

 

ISSUES:

 

Anecdotal evidence has been obtained to indicate that the toilet block was constructed by Council in the mid 1960’s on land which prior to becoming part of the Botany Bay National Park, may have been managed by Council.  It is understood that following the creation of the National Park in 1984, Council continued to maintain the facility.

 

The toilet block is situated on the eastern section of the Anzac Parade loop road approximately 30metres from designated parking (refer to figure 1). It provides separate male and female facilities, is constructed of brick walls with a flat 150mm thick concrete slab roof.  Electrical power for lighting is supplied via underground cabling.  Entry to the toilet block is from the western side with unutilized access on the eastern side.  The location and position of the toilet block is such that it is very exposed to the sea which has resulted in significant deterioration of reinforcement and other corrosive metal materials.

 

 

 

The lands adjacent to the toilet block are generally the Botany Bay National Park and Anzac Parade (RTA).  Cann Park (which is the location of the ‘snake pit’) measures approximately 2000 square metres and is situated approximately 40 metres to the north.  Historic La Perouse has numerous attractions of national significance and it is reasonable to argue that the majority of visitations to this part of La Perouse are associated with the magnificent views of Botany Bay and to the attractions within the National Park which include Congwong and Little Congwong Beaches, Bare Island, The Macquarie Watch Tower and the Laperouse Museum and Monuments.

 

The current condition of the toilet block is poor.  Substantial cracking is evidenced throughout the building, particularly in areas with lintels such as window openings and doorways.  Figures 3 to 7 show some of the cracking evident throughout the building.  The fixtures and internal finishes to the building are also sub-standard and  is not in keeping with recent Council toilet block refurbishments, nor with one that may be expected to be found in a location of such national significance.  The lack of tiled surfaces and modern fixtures makes the task of cleaning and keeping the building in a good condition, difficult.

 

 

Gents Toilets at southern end.

 

 

 

 

 

Door lintel has large cracks appearing.

 

 

Security grill is corroded and requires replacement.

 

 

Brickwork has lack of mortar evident.

 

 

 

 

 

 

 

 

 

 

 

 

Close up of failing brickwork, cracks in door lintel and paint peeling away.

 

 

 

 

 

Stainless Steel Cistern, trough and pipe work has rust stains appearing. These were painted over in last refurbishment creating a shabby look.

 

 

 

Cracks appearing in brickwork internals.

 

 

 

Trough dirty and stained. Otherwise all functions of the system are in working order.

 

 

 

Poor lighting.

 

 

Cracks appearing in brickwork on middle internal and eastern internal wall.

 

 

 

 

 

 

 

 

 

Small dirty wash basin with no paper towel facilities.

 

 

 

 

 

 

Cracks appearing in Threshold lintels.

 

In 1997, the Historic La Perouse Management Plan examined the provision of toilets in the area and found that “the number of toilets is considered adequate to meet visitor needs, but the quality and maintenance of these facilities requires improvements”.  Seven options were explored and option number five was identified as the preferred option:

 

 

As stated in the discussion of the option, this would require negotiations and cooperation with the National Parks & Wildlife Service  in relation to final siting of the facility and to its funding and ongoing management.

 

Pages 57 to 59 of the Historic La Perouse Management Plan are included as Appendix A.

 

 

FINANCIAL IMPACT STATEMENT:

 

Preliminary discussions have been held with the Divisional Manager of the National Parks and Wildlife Service (NP&WS) in relation to this issue.  Following further investigations from the NP & WS it has become evident that the existing toilet block is located within the NP & WS land.  Accordingly, the NP&WS needs to take a leadership role in relation to the condition and maintenance of the facility.  It is uncertain whether Council needs to make a financial commitment to this project.  

 

 

CONCLUSION:

 

It is considered that the demolition of the existing toilet block in accordance with the recommendations of the Historic La Perouse Management Plan is an appropriate action.  Discussions should be entered into with the NP&WS in order to ascertain the most appropriate location for the replacement facility and to determine appropriate funding and ongoing maintenance contributions, if any, by Council.

 

 

RECOMMENDATION:

 

That the report be received and noted.

 

 

 

 

 

ATTACHMENT/S:

 

Appendix A of the Historical La Perouse Management Plan Pages 57-59.

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

JOHN CALVANI

DIRECTOR, CITY SERVICES

PARKS AND RECREATION CO-ORDINATOR

 

 

 

 

 

 





 

Director, City Services' Report 141/2005

 

 

 

SUBJECT:

CHRISTMAS AND NEW YEAR ALCOHOL MANAGEMENT STRATEGY ON COOGEE BEACH.

 

 

DATE:

31 October, 2005

FILE NO:

F2005/00515

 

 

REPORT BY:            DIRECTOR, CITY SERVICES       

 

 

INTRODUCTION:

 

As the festive season is fast approaching, a strategy similar to 2004, regarding alcohol ban on beaches and alcohol free zones around beaches, is recommended for the 2005 Christmas and New Year days.

 

ISSUES:

 

Following last year’s example it is proposed to issue a media release (see attached last year’s release). This year, to help prevent anti-social behaviour, advertising will be produced targeting backpackers, overseas visitors, residents and local businesses. Alcohol ban information and water safety messages will be clearly defined.

 

This information will also be placed on the Council’s website.

 

The alcohol ban will be visibly enforced by using security guards and the contents of the publicity and advertising are proposed as follows:-

 

Randwick City Council reminds beachgoers that there is a permanent ban on possessing or drinking alcohol at any time on all beaches in Randwick City.  Alcohol is also prohibited in beachside parks and reserves between sunset and sunrise.

 

Swimming and alcohol is a dangerous combination. For the safety and comfort of all beachgoers, Council is going to enforce the ban on bringing alcohol onto our beaches this Christmas.

 

Waverley Council’s Community Safety Project Officer has advised that in order to alleviate anti-social behaviour over Christmas and New Year at Bondi and its other beaches, Waverley Council is dealing with the situation in a similar way to previous years,  that is imposing an alcohol ban on its beaches which will be enforced with the use of security guards.

 

FINANCIAL IMPACT STATEMENT:

 

The costing for advertising and security guards would be in the vicinity of $4,000.00

 

CONCLUSION:

 

As last year’s strategy proved successful, it is considered a similar procedure be followed in 2005.

 

RECOMMENDATION:

 

That the report be received and noted.

 

ATTACHMENT/S:

 

2004 Media Release

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

 

DIRECTOR, CITY SERVICES

 

 

 

 


 

 

MEDIA RELEASE

                                    15 December 2004

 

RANDWICK COUNCIL TO ENFORCE BEACH ALCOHOL BAN ON CHRISTMAS DAY

 

Randwick City Council reminds beachgoers that there is a permanent ban on possessing or drinking alcohol at any time on all beaches in Randwick City. Alcohol is also prohibited in beachside parks and reserves between sunset and sunrise.

 

“Swimming and alcohol is a dangerous combination. For the safety and comfort of all beachgoers, Council is going to enforce the ban on bringing alcohol onto our beaches this Christmas,” Randwick Mayor Murray Matson said.

 

Coogee Beach is always popular with backpackers and tourists as well as families and locals, but we don’t want people’s enjoyment of the beach on Christmas Day to be disrupted by any drunken and unruly behaviour,” Mayor Matson said.

 

<ENDS>

 

For more information please contact:

Dianne Brien                                                 Luisa Simeonidis

Communications Manager                             Communications Officer

Randwick City Council                                    Randwick City Council

02 9399 0820                                                  02 9399 0918

0408 232 045                                                  luisa.simeonidis@randwick.nsw.gov.au

dianne.brien@randwick.nsw.gov.au


 

Director, City Services' Report 142/2005

 

 

 

SUBJECT:

SYDNEY BEACH VOLLEYBALL TRIALS

 

 

DATE:

16 November, 2005

FILE NO:

F2004/07550

 

 

REPORT BY:            DIRECTOR, CITY SERVICES   

 

 

INTRODUCTION:

 

Council often receives requests from commercial operators wanting to establish beach volleyball competitions at the City’s beaches.  Council is currently in receipt of two such applications.  This report examines the issues that need to be considered in order to make a decision in relation to this matter.

 

ISSUES:

 

Approval is given for occasional hire of a portion of some of the City’s beaches for the conducting of limited beach volleyball competitions.  Generally, approval is granted for these activities at both Maroubra and Coogee Beaches with the Coogee Slam Beach Volleyball event held earlier this year being the better known of the events. Reports received from Council’s Senior Beach Inspectors advise that the events are well run and have not caused any significant concern. 

 

The running of the event creates a point of interest for visitors to the beach and adds to the vibrancy of the place.  Given Australia’s success at the Sydney 2000 Olympics in this event, it is also understandable that there is an increased public awareness of the sport and an increased interest in people wanting to participate.  However, opportunities for people to participate in an organised competition in the Eastern Beaches are limited with competitions being held outside the area both at Brighton Beach, Dee Why Beach and Manly Beach.

 

Council’s Parks & Recreation Coordinator has visited Brighton Beach to ascertain the requirements of the competition and has found that the impact on other beach users is considered minor.  The competition run at Brighton Beach was well organised and orderly.  A number of courts were occupied concurrently for competition with other participants utilising adjacent areas for practice and warm-up.  A referee was provided for each match and the match was controlled by the referee with a whistle.  Volleyball courts are established with two posts, a net and a rope pegged to the sand to define the edge of court.

Council’s Senior Beach Inspectors have expressed some concern in relation to this type of activity being a permanent feature at Council’s Beaches.  Concerns centre around the impact upon other beach users, noise, and public liability issues.  Following further consultation with the proponent and the Senior Beach Inspectors, it is considered that a trial conducted over the coming summer and autumn at the far southern end of Maroubra Beach would enable the impacts to be monitored in order to determine whether expressions of interest should be called to establish a seasonal presence at the beach for an ongoing competition.

 

For the purpose of the trial it is considered that the number of courts should be limited to two and that the spread of hours should be limited to a maximum of eight on Saturday, Sunday and public holidays and a maximum of four hours on weekdays.  Fees have not been established by Council for this type of activity given that the application is for a seasonal use rather than occasional hire.

 

Council has also received an application from the Yarra Bay Sailing Club to conduct beach volleyball at Yarra Beach in the sand area adjacent the club.  The Club is seeking approval to conduct this activity in order to expand the type of activities available to its members and to provide an opportunity for the club to broaden its revenue base.

 

FINANCIAL IMPACT STATEMENT:

 

Fees and charges for seasonal hire of the beaches have not been established by Council.  The activity would generate income for Council and ancillary income could be derived through the requirement to conduct additional beach cleaning on a user pays basis.

 

CONCLUSION:

 

Competition beach volleyball is seen as an appropriate activity to be conducted on the City’s beaches.  A trial period conducted over the summer and autumn months will determine whether the benefits of a more permanent presence will outweigh any impacts on other beach users.

 

RECOMMENDATION:

 

THAT: 

 

1.   Council permit the Yarra Bay Sailing Club and Total Beach Volleyball Pty Ltd to conduct six month trials at Yarra Bay beach and Maroubra Beach respectively;

 

2.   At the conclusion of the six month trial a further report be submitted to Council outlining the benefits and impacts associated with the activity;

 

3.   The report recommend whether expressions of interest should be called for the establishment of a seasonal presence at one or more of the City’s beaches;

 

4.   The General Manager be authorised to negotiate appropriate conditions of use and fees for the trial period.

 

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

JORDE FRANGOPLES

JOHN CALVANI

DIRECTOR, CITY SERVICES

PARKS AND RECREATION CO-ORDINATOR

 

 

 

 

 

 


 

Director, City Services' Report 143/2005

 

 

 

SUBJECT:

UV INDICATOR PROJECT.

 

 

DATE:

7 November, 2005

FILE NO:

F2004/06574

 

 

REPORT BY:            DIRECTOR, CITY SERVICES    

 

 

INTRODUCTION:

 

Council at its meeting held on 27 July, 2005, resolved on the Motion of Councillor Matson that -

 

a.   “This matter be deferred to the next Ordinary Council Meeting to consider a report from the relevant officer elaborating on this proposal, such report to include the issues of the advertising retractions, how such a structure would fit in with the Randwick LEP and an assessment of appropriate locations for the UV  Indicator within the Randwick City area; and

 

b.   subject to this report and after consultation with the Coogee Precinct Committee and JCDecaux, the General  Manager be authorised to select an appropriate design for the UV Indicator and arrange with S2i Communications to trial it during the 2005/2006 summer season.”

 

S2i Communications have put a proposal to Council that a UV indicator be installed at one of Council’s beaches in time for the commencement of the 2005/2006 summer season. Coogee Beach or Des Renford Aquatic Centre are the preferred locations.

 

The structure is approx. 1.5 square metres with brightly coloured and highly visible markings. S2i communications have indicated that JCDecaux Australia Pty Ltd and a major sponsor of the Coogee SLSC are interested in becoming involved in sponsor advertising.

 

Council recently resolved that a report be prepared on this proposal. Issues to be considered are the advertising restrictions, how such a structure would fit into the Randwick LEP and an assessment of appropriate locations for the UV indicator within the Randwick City area.

 

Comments have been sought from the Coogee Precinct Committee and JCDecaux Australia Pty Ltd.

 

 

ISSUES: 

 

The following issues have been considered in relation to the proposed installation of the UV indicator at Coogee Beach:

 

1.   Visual Impact – To be effective, the sign needs to be oriented so that the maximum amount of sunlight reaches the solar panel that ‘reads’ the UV radiation. This issue impacts on the proposed location for the indicator. Visually the sign would have less of an impact on the surrounding landscape if it was attached to a wall or building. Attaching the indicator to the promenade walls that face the east would not be suitable for the solar panel as it would be reading maximum UV radiation for only a part of each day. It may be possible for the indicator to be attached to the wall and the solar panel to be located at another location that is exposed to maximum sunlight.

 

The indicator could be located on a pole installed on the promenade or on an existing light pole located on the promenade. This siting would impact on the views and vistas along the promenade and the design of the indicator could be considered unsympathetic in relation to the other elements of the beachside landscape.

 

2.   Public Health Value – Comments from the Skin Cancer Prevention Manager (NSW Cancer Council) suggest that the National Association of Cancer Councils and the Bureau of Meteorology have been developing a standard graphic for UV reporting. This graphic was tested recently and will be launched nationally on December 1st 2005, to all national media outlets. The Cancer Council supports one graphic to be used nationally – rather than many different forms of signage, the theory being that familiar signage will reinforce the message. The graphic developed by the Cancer Council provides information relating to the UV rating but does not link those ratings to variations in levels of protection that may be required.

 

The Cancer Council guidelines recommend that full sun protection be used at all times when the UV rating is three (3) and above – International Index.

A recent National Sun Survey indicated that in NSW, WA and QLD the only times of the year that are on average rating under 3 are in June and for part of July. Therefore the suggestion that different levels of UV protection are required over the International rating of 3 – as suggested on the S2i Communications UV metre- is not endorsed by the Cancer Council.

 

3.   Maintenance and Vandalism - The proposal to Council was that S2i Communications would calibrate the UV Indicator 4 times per year. All additional maintenance and repairs will be the responsibility of Council.

 

4.   JCDecaux Australia Pty Ltd – Council currently has an exclusive contract for street furniture with JCDecaux Australia Pty Ltd (JCDecaux). JCDecaux have agreed to become involved with the delivery of the UV indicator on the condition that two (2) JCDecaux advertising bollards are installed in the footpath, opposite the beach promenade, on the western side of Arden Street, Coogee. 

 

5.   Coogee Precinct Committee – The proposal has been presented to the Coogee Precinct Committee for comment. The committee is generally opposed to the installation of the UV indicator. A summary of the comments from the precinct committee follows -

 

a.   The design of the indicator is not in keeping with the existing design elements.

b.   Public health value is questioned based on comments from the NSW Cancer Council.

c.   The purpose and necessity for the indicator is unclear as the public health outcomes and the nature of the advertising on the structure are unknown. 

d.   An increase in advertising along the beach front is placing unwanted pressure on the public open space.

e.   The sponsor is not identified in the proposal and its role in the promotion is unclear. The major sponsor of the Coogee SLSC is the Coogee Bay Hotel. The committee is concerned that the publicity launch and the JCDecaux bollards could be used to promote the sponsors, rather than providing a public health promotion.

 

6.   Randwick LEP – Councils Planning Department have indicated that in accordance with the RLEP 1998, both the UV indicator and the associated outdoor advertising bollards will require Council consent.

  

7.   Advertising restrictions – Councils Planning Department has recommended that the proposed advertising ban on hospitality, liquor, cigarette or gambling etc be dealt with at the assessment stage and through the conditions of consent, should a Development Application be submitted.   

 

FINANCIAL IMPACT STATEMENT:

 

The maintenance costs to Council are undetermined.

 

Council would receive a percentage of the revenue from the JCDecaux advertising bollards in accordance with the street furniture contract between Randwick City Council and JCDecaux Australia Pty Ltd.

 

CONCLUSION:

 

It would appear from the information available from the NSW Cancer Council that the public health benefits of the proposed UV indicator are questionable and indeed could cause confusion about how much sun protection is required.

 

If approved, the UV indicator and the two (2), JCDecaux advertising bollards would place unnecessary pressure on the aesthetics of the public open space.

 

The Coogee Precinct Committee is opposed to the UV indicator and associated JCDecaux advertising bollards in Arden Street.

 

RECOMMENDATION:

 

That Council resolve not to trial the S2i Communications UV filter at Coogee Beach or any other location within the Randwick LGA.

 

 

ATTACHMENT/S:

 

Graphics provided by JCDecaux indicating design, size, possible locations and visual impact of the S2i Communications UV filter at Coogee Beach.

 

 

 

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

LISA DURLAND

DIRECTOR, CITY SERVICES

LANDSCAPE TECHNICIAN PARKS AND RECREATION

 

 

 

 

 

 


Image 1Image 2
Image 3


 

Director, City Services' Report 144/2005

 

 

 

SUBJECT:

STREETSCAPE IMPROVEMENTS - AVOCA STREET FROM BELMORE ROAD TO COWPER STREET, RANDWICK AND ALISON ROAD FROM THE AVENUE TO APPROXIMATELY LINGARD AVENUE.  

 

 

DATE:

16 November, 2005

FILE NO:

F2004/07239  

 

 

REPORT BY:            DIRECTOR, CITY SERVICES     

 

 

INTRODUCTION:

 

Council at its meeting held on 24 May, 2005 resolved the following:-

 

“That a report be prepared on options and costs of streetscape improvements to Avoca Street from Belmore Road to Cowper Street and Alison Road from The Avenue to approximately Lingard Avenue. The report should address the significant heritage items in this locality and recommend improvements to plantings, paving, street lighting, monuments and power cabling etc. which will enhance the historical amenity of this precinct. The report shall come back to Council for its consideration.”

 

ISSUES:

 

In June 2005 Council considered a report dealing with streetscape and civic improvements to the Havelock Avenue, High Cross and the Malabar Junction precincts.  In that report Council was advised that an appropriate option to pursue would be to await the outcome of the Urban Elements Design Manual which is currently being prepared and is expected to be completed by early 2006.  The above document will provide a positive direction for Council in the implementation of such works throughout the City and has as aims and objectives the following:

 

-     Selection of urban elements for the City

-     Guidelines for the placement  and layout of the elements

-     To assist in the design and maintenance of RCC’s public open spaces, commercial centres, parks and beach promenades.

-     To identify, standardise and keep consistency with selected paving, furniture, and other elements within the City.

-     To assist in the development of master plans, development applications and landscape projects, as well as for minor improvement works. All new public landscape project works shall comply with these guidelines.

-     To provide technical information and details for furniture, paving and other elements.

-     To use as a basis for future Development Control Plans and a basis for the RCC Landscape Code

 

In summary, the principle objective of the manual is to produce functional guidelines that can be utilised by various sections of Council to implement a consistent approach to the design and installation of preferred urban elements.

 

Council has also recently resolved to form a committee to review improvements in the Coogee Village commercial precinct.  Again, it would be desirable for the recommendations and outcomes of the Urban Elements Design Manual to be applied to this exercise.

 

In terms of the scope of work for the Avoca Street/Alison Road precinct, it is difficult to estimate the likely cost of such a project until more detailed investigations are undertaken.  For example, it is known from previous isolated works in the area that major telecommunications lines are located below the pedestrian pavements in both Alison Road and Avoca Street owing to the proximity of the telephone exchange.  This may have a significant bearing on the available options in relation to street tree planting and power cabling (whether underground or aerial bundling).  However, given the above brief and costs associated with past projects of a similar nature, it is considered that costs for these works could be in the range of $500,000 to $900,000 depending on the outcome of more detailed investigations.

 

FINANCIAL IMPACT STATEMENT:

 

No funding has been provided in the 2005-06 budget for any capital streetscape improvements in the Avoca Street/Alison Road precinct.  Given the size and possible scope of work for these civic improvements, it is estimated that the costs of the proposed works are likely to be within the range of $500,000 to $900,000 but may be subject to change following more detailed investigations.  Specialist consultants (for services such as heritage, electrical and lighting) may need to be engaged to provide detailed advice in relation to the works and these costs would be additional to the above estimates.

 

CONCLUSION:

 

Given that the Urban Elements Design Manual is currently under preparation, it would be appropriate for any pending decisions involving significant expenditure of Council funds towards public domain improvements to be delayed until the completion and adoption of the manual.

 

 

 

 

 

RECOMMENDATION:

 

That funding be considered in the 2006-07 draft budget for the engagement of specialist consultants to undertake design work for the upgrade of the Avoca Street/Alison Road area.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

JORDE FRANGOPLES

JOHN CALVANI

DIRECTOR, CITY SERVICES

PARKS AND RECREATION CO-ORDINATOR

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 45/2005

 

 

SUBJECT:

PROPOSED WARD BOUNDARY ALTERATIONS

 

 

DATE:

15 November, 2005

FILE NO:

F2004/06561

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES  

 

 

INTRODUCTION:

 

Section 211(2) of the Local Government Act states that “if

 

(a) during a council’s term of office, the council becomes aware that the number of electors in one ward in its area differs by more than 10 per cent from the number of electors in any other ward in its area, and

 

(b) that difference remains at the end of the first year of the following term of office of the council,

 

the council must, as soon as practicable, alter the ward boundaries in a manner that will result in each ward containing a number of electors that does not differ by more than 10 per cent from the number of electors in each other ward in the area.”

 

Randwick City Council now finds itself in this very situation and accordingly a review needs to be undertaken. Approaches made to both the Australian Electoral Commission and the State Electoral Office early this year to undertake this review were unsuccessful. Council was advised to appoint an independent consultant to undertake this review. This review has been undertaken and is now submitted for your consideration.

 

ISSUES:

 

No alterations to ward boundaries have been made in Randwick Council since 1977 and this has resulted in enrolment variations of up to 23.47% between current wards. In fact, since March 2004 all four (4) wards exceed the 10% legislative variance from South Ward.

 

Council has appointed Mr Ross Symons to undertake this review of ward boundaries. Ross has over thirty (30) years’ experience in local government and has undertaken ward reviews previously in other metropolitan councils.

Over the last three (3) months a very thorough ward boundary review has been undertaken,  in consultation with strategic planning staff, taking into account factors such as:-

·    The ratio of electors to rateable dwellings;

·    Elector demographics of the Randwick local government area;

·    Major dwelling sites recently completed, under construction, or approved but not commenced;

·    Census Collector Districts;

·    Prominent landmarks; and

·    Equalising ward elector enrolments.

 

Whilst efforts were made to minimise changes to current ward boundaries, the significant discrepancies in current enrolment numbers, particularly in comparison to South ward, which has the greatest number of electors, does mean that it has been necessary to make some notable changes.

 

The proposed new boundaries are shown on the maps, and descriptions of the areas being transferred between wards appear in Schedule 5 of the consultant’s report, both circulated under separate cover.

 

FINANCIAL IMPACT STATEMENT:

 

The consultant’s fees were allowed for in this year’s budget. Fees to be incurred include advertising costs in metropolitan and local newspapers as well as the Government Gazette.

 

CONCLUSION:

 

Section 210A(1) of the  Local Government Act requires that before the Council alters its ward boundaries it must consult with the Electoral Commissioner and the Australian Statistician. This process should follow immediately upon the Council adopting the proposed changes to enable the subsequent actions to follow these consultations. These subsequent actions include placing the ward boundary plan on public exhibition and giving public notice of this exhibition in Sydney metropolitan daily newspapers.

 

RECOMMENDATION:

 

(a)        That Council adopt the proposed ward boundary alterations as detailed in the independent consultant’s report and shown on the ward boundary plans to enable consultations with the Electoral Commissioner and the Australian Statistician, and public exhibition of the proposal to proceed;

 

(b)        That following consultation with, and the concurrence of the Electoral Commissioner and the Australian Statistician to the ward alterations, the General Manager be and is hereby delegated authority to:-

 

(i)         place on public exhibition a plan (the ward boundary plan) showing the alteration to ward boundaries, together with the description of the areas to transfer between wards, as detailed in the consultant’s report, and that such plan remain on exhibition for a period of 28 days;

 

(ii)        give public notice in the Sydney metropolitan newspapers, and in newspapers circulating in the Randwick City Council area:-

·    of the place where the ward boundary plan may be inspected;

·    advising that the ward boundary plan will be on exhibition for a period of 28 days from the date of such notice;

·    advising that written submissions regarding the ward boundary plan may be made for a period of 42 days from the date on which the ward boundary plan is placed on public exhibition;

 

(c)        That following closure of the period for written submissions as detailed above, a further report be submitted to Council addressing the subject of any submissions made, and to enable Council to formally adopt the ward boundaries; and

 

(d)        That after formal adoption by Council of the new ward boundaries, a metes and bounds description of the ward boundaries be published in the Government Gazette, and the Electoral Commissioner and the Australian Statistician be advised of the revised ward boundaries.

 

ATTACHMENT/S:

 

1. Independent Consultant's Report

2. Map Showing Proposed Ward Alterations

3. Map Showing Proposed New Wards

(ALL UNDER SEPERATE COVER) 

 

 

 

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

 

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 46/2005

 

 

SUBJECT:

2005/06 BUDGET - REVIEW AS AT 30 SEPTEMBER 2005  

 

 

DATE:

15 November, 2005

FILE NO:

F2004/08433

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES     

 

 

INTRODUCTION:

 

This report is a review of the Council’s 2005/2006 current budget and recommends adoption of a revised budget for 2005/2006.

 

ISSUES:

 

a)         LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) REGULATION 1999

 

 

Park 2 of the Local Government (Financial Management) Regulation 1999 requires that at the close of each quarter, a Budget Review Statement be prepared and submitted to Council that indicates the latest estimates of income and expenditure for the 2005/2006 year, based on current trends.  The statement must be prepared on an accrual basis and must also show the original estimates as adopted in the Management Plan.

 

The regulation also requires that the budget review statement must include, or be accompanied by:

 

I.          A report as to whether or not the responsible accounting officer believes that the Statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure; and

 

II.         If that position is unsatisfactory, recommendations for remedial action.

 

b).        SEPTEMBER 2005 QUARTER BUDGET REVIEW STATEMENT

 

Subject to Council’s formal adoption of the changes contained in this report, the following table summarises the projected budget position for 2005/2006 as at 30 September 2005:

 

 

 

Summary of September 2005 Quarter Budget Variations

By Principal Activity

 

 

 

 

 

Variations

 

 

Expenditure

Income

Net

 

Increase

(Increase )

 

 

( Decrease)

 Decrease

 

 

$

$

$

Principal Activity

 

 

 

 

 

 

 

Executive Strategy

6,600

0

6,600

 

 

 

 

Governance & Financial Services

800,475

(759,500)

40,975

 

 

 

 

City Planning

20,000

(10,000)

10,000

 

 

 

 

City Services

319,262

(369,180)

(49,918)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

1,146,337

(1,138,680)

7,657

Original Budget (Surplus)/Deficit

 

 

(4,762)

Net (Surplus)/Deficit

 

 

2,895

 

 

 

 

 

 

CONCLUSION:

 

Council’s Financial Services Manager as the responsible accounting officer, advises that  the projected financial position is satisfactory.

 

FINANCIAL IMPACT STATEMENT:

 

The financial impact is covered elsewhere in this report.

 

RECOMMENDATION:

 

1.       That the report in relation to the September 2005 budget review be received and noted.

 

2.       That the proposed September 2005 budget variations shown in the attachment to this report be adopted.

 

 

 

 

 

ATTACHMENT/S:

 

September 2005/2006 Budget Proposed Variations & Comments. (UNDER SEPARATE COVER)

 

 

 

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

 

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 47/2005

 

 

SUBJECT:

PRESENTATION - FINANCIAL REPORTS - YEAR ENDED 30 JUNE, 2005

 

 

DATE:

15 November, 2005

FILE NO:

F2004/06524

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES  

 

 

INTRODUCTION:

 

Under the provisions of s418 the Local Government Act, Council is required to present its Financial Reports together with the Auditor’s Report to the public.

 

ISSUES:

The Local Government Act contains specific requirements to be followed in relation to the preparation of its statutory Financial Reports.

 

In summary, the procedures are shown below:-

 

1)       The Financial Reports are to be prepared and these reports are required to contain a Certificate which is signed in accordance with a resolution of the Council.  Council authorised the signing of the certificate by resolution at the Health Building Committee held on 8 November 2005.

 

2)       The Financial Reports and the Certificate referred to in (1) are then referred to the Auditor for audit.

 

3)       As soon as practicable after receiving the Auditor’s Report  the Council must send a copy of the Auditor’s report and the audited Financial Reports to the Director General of the Department of Local Government and the Australian Bureau of Statistics. These documents were forwarded on 9 November 2005 in compliance with this requirement.

 

3)       As soon as practicable after receipt of the Auditors Report a date must be fixed when Council proposes to present the Auditor’s Report and the audited Financial Reports to the public. This date has been fixed as the 22 November 2005.

 

4)       Public Notice of the proposed meeting including a summary of the Financial Reports must be given.  Copies of the documents are made to be available for inspection at the office of the Council. In accordance with this requirement public notice was given in the Southern Courier on 15 November 2005. Copies of the documents were made available to the public at the Customer Services Centre and the Libraries. The documents are also published on the Council’s web site on the internet.

 

Copies of the Financial Reports including the Auditor’s report have been separately circulated to each Councillor.

 

The Auditor’s Report provides detailed comments in relation to the Council’s sound financial position and is reproduced below:-

 

“We are pleased to advise completion of the audit of Council’s books and records for the year ended 30 June 2005 and that all information required by us was readily available. We have signed and attached our reports as required under Section 417(1) of the Local Government Act, 1993 and the Local Government Code of Accounting Practice and Financial Reporting to the General and Special Purpose Financial Reports.

 

Our audit has been conducted in accordance with Australian Auditing Standards so as to express an opinion on both the General and Special Purpose Financial Reports of the Council. We have ensured that the accounts have been prepared in accordance with Australian Accounting Standard AAS27 and the Local Government Code of Accounting Practice and Financial Reporting.

 

This report on the conduct of the audit is also issued under Section 417(1) and we now offer the following comments on the financial statements and the audit;

 

1.         RESULTS FOR THE YEAR

 

1.1       Operating Result

 

The operating result for the year was a Surplus of $4.046 million as compared with $5.551 million in the previous year.

 

The following table sets out the results for the year and the extent (%) that each category of revenue and expenses contributed to the total.

 

 

As can be seen above, the operating surplus was less than the previous year - operating expenses exceeded operating expenses by $1.505 million. Fluctuations of note consisted of;

 

o   rates levied amounted to $41.705 million - an increase of $3.488 million and consisted mainly of the application of increases allowed under the rate pegging legislation (3.5%) and a special environmental levy (6%).

o   domestic waste management charges amounted to $13.425 million – an increase of $491,000.

o   non cash capital contributions totalling $4.119 million were recognised and consisted of land ($750,000) and infrastructure transport and drainage works (3.369 million).

o   other operating expenses include the removal from the books a property previously recognised as a controlled asset which no longer is the case. The value previously recognised and now written off was $2.888 million.

o   the main reason for the increase in employee costs was the recognition of the full year expense of aquatic centre staff, taken over by Council during the previous year. In the previous year this expense was disclosed as materials and contracts.

 

1.2       Funding Result

 

The operating result does not take into account all revenues and all expenditures and in reviewing the overall financial performance of Council it is useful to take into account the total source of revenues and where they were spent during the year which is illustrated in the table below.

 

 

2.         FINANCIAL POSITION

 

2.1       Current Ratios

 

The Current Ratio is a good indicator of the ability of a business to meet its debts and obligations as they fall due. Current assets exceeded current liabilities by $22.266 million representing a factor of 2.94 to 1.

 

The Unrestricted Current Ratio is a more specific financial indicator for local government. It eliminates net externally restricted assets that must be set aside by law and it in fact represents the general funds of Council.

 

The Unrestricted Current Ratio at the close of the year was 2.92 to 1.

 

 

2.2       Available Working Capital – (Working Funds)

 

A more meaningful financial indicator specific to local government is the level of Available Working Capital. Net Current Assets are adjusted by eliminating both external and internal reserves held for future purposes.

 

At the close of the year the Available Working Capital of Council stood at $4.541 million as detailed below;

 

 

The balance of Available Working Capital should be at a level to manage Council’s day to day operations including the financing of hard core debtors, stores and to provide a buffer against unforeseen and unbudgeted expenditures. Taking into consideration the nature and level of the internally restricted assets (Reserves) set aside we are of the opinion that Available Working Capital as at 30 June 2005 was sound.

 

2.3       Debt

 

Council is free of debt and has been since 2001.

 

2.4       Summary

 

Council’s overall financial position, when taking into account the above financial indicators is, in our opinion, sound.

 

3.         CASH ASSETS

 

3.1       Cash & Investments

 

Cash and investments held at the close of the year amounted to $42.961 million as compared with $42.708 million and $42.060 million at the close of financial years 2004 and 2003 respectively.

 

 

The chart alongside summarises the purposes for which cash and investments were held.

 

 

Externally restricted cash and investments are restricted in their use by externally imposed requirements and consisted of unexpended development contributions under Section 94 of $9.730 million, domestic waste management charges of $4.993 million and specific purpose grants of $361,000.

 

Internally restricted cash and investments have been restricted in their use by resolution or policy of Council to reflect forward plans, identified programs of works, and are, in fact, Council’s “Reserves”. These Reserves totalled $20.704 million and their purposes are more fully disclosed in Note 6 of the financial statements.

 

Unrestricted cash and investments amounted to $7.173 million, which are available to provide liquidity for day to day operations and form the basis of Council’s sound financial position.

 

3.2       Cash Flows

 

The Statement of Cash Flows illustrates the flow of cash moving in and out of Council during the year and reveals that Cash Assets increased by $933,000 to $42.961 million at the close of the year.

 

In addition to operating activities which contributed net cash of $19.081 million were the proceeds from the sale of assets of $2.237 million. Cash outflows other than operating activities were used to purchase and construct assets totalling $20.385 million.

 

4.         RECEIVABLES

 

4.1       Rates & Annual Charges (excluding interest & extra charges)

 

Net rates and annual charges levied during the year totalled $55.130 million and represented 62.48% of Council’s total revenues.

 

Including arrears, the total rates and annual charges collectible was $56.449 million of which $55.355 million (98.06%) was collected.

 

 

Arrears stood at $1.094 million at the end of the year and represented 1.94% of those receivables.

 

 

4.2       Other Receivables

 

Receivables (other than Rates & Annual Charges) totalled $3.132 million. Those considered to be uncertain of collection have been provided for as doubtful debts and this provision amounted to $423,000.

 

5.         PAYABLES

 

5.1       Employees Leave Entitlements

 

Council’s provision for its liability toward employees leave entitlements and associated on costs amounted to $13.754 million. A cash reserve of $2.600 million was held at year end representing 18.90% of this liability was, in our opinion, sufficient to enable Council to meet unbudgeted and unanticipated terminations.

 

5.2       Deposits, Retentions & Bonds

 

Deposits, Retentions and Bonds held at year end amounted to $4.397 million. The cash reserve amounting to $2 million (45.5% of the total liability) adequately provides for repayments which are expected to be repaid during 2005/2006 financial year.

 

6.         NEW ACCOUNTING STANDARDS

 

Australia is currently preparing for the introduction of International Financial Reporting Standards (IFRS) for reporting periods beginning on or after 1 January 2005. The Australian equivalents to IFRS will be first reflected in Council’s financial statements for the year ending 30 June 2006. Whilst the new accounting standards may have a significant impact on the reported results and financial position of some councils, we do not see any significant impact to Randwick’s financial results, cash flows or financial position. Current standards require the disclosure of the likely monetary impacts of the new standards had they been applied for the year ending 30 June 2005. These impacts are detailed in Note 20 to the financial statements.

 

CONCLUSION:

 

We wish to record our appreciation to your General Manager and his staff for their ready co-operation and the courtesies extended to us during the conduct of the audit.”

 

Council’s auditor Mr Mah Chut of Spencer Steer will be available at the meeting to answer any questions on his report.

 

RECOMMENDATION:

 

That the Director, Governance & Financial Services’ Report on the presentation of Financial Reports for the  year ended 30th June, 2005 be received and noted.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

 


 

Director, Governance & Financial Services' Report 48/2005

 

 

SUBJECT:

REVIEW OF CODE OF MEETING PRACTICE

 

 

DATE:

15 November, 2005

FILE NO:

F2004/06570

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES  

 

 

INTRODUCTION:

 

The Local Government Act provides for Councils to adopt a Code of Meeting Practice with respect to the conduct of Council and Committee Meetings.  As a minimum the Code must incorporate the provisions of the Local Government (General) Regulation.  Any non-legislative provisions must be consistent with the legislative requirements.

 

Council and Committee Meetings must be conducted in accordance with the provisions of the adopted Code of Meeting Practice.

 

ISSUES:

 

Council’s Code of Meeting Practice is in need of review for the following reasons:

 

§  Some of the provisions and the format of the Code are outdated.  The Code needs streamlining to make it more user-friendly.

§  There are a number of compliance issues with respect to the current Code that need to be addressed.

§  Some of the provisions of the current Code are creating inefficiencies and administrative concerns that could be better dealt with.

 

The issues that have been addressed, as part of the current review of the Code, are as follows:

 

§  A number of guiding principles have been included in the introductory section of the draft Code.  This will highlight Council commitment to orderly and efficient meetings, which are conducted to accepted standards;

§  The reference to adjourning meetings to allow the public to address the meeting, has been deleted;

§  The timeframe for submission of Notices of Motions from Councillors has been brought forward to allow for the distribution of Business Papers for Council Meetings on the Tuesday prior to the meeting (and to bring the timeframe in line with the timeframe for distribution of Committee Meeting Business Papers);

§  A timeframe has been established for the submission of Mayoral Minutes to ensure that, where possible, Minutes are included in the Business Paper for meetings, rather than being tabled on the night of the meeting.

§  The current Committee Meeting structure, which is overly complicated and confusing for the public, is proposed to be simplified.  In this regard, it is suggested that the existing standing committees (the Administration & Finance Committee, the Community Services Committee, the Works Committee and the Health, Building & Planning Committee) be amalgamated and a General Purpose Committee be formed.  The functions of the General Purpose Committee (which would still have full delegation) would be the combined functions of the existing committees.  The Chairperson of the General Purpose Committee would be the Mayor and meetings would commence at 6.00pm, to be consistent with the starting time for Council Meetings and for the convenience of members of the public.  The proposed new structure will also make redundant the current practice of adjourning one meeting to commence another;

§  To provide for the acknowledgement of the local indigenous people;

§  Remove the requirement for Councillors to stand when they are speaking;

§  The reference to “General Business” at Committee Meetings has been deleted as there are other options for Councillors to request matters to be brought forward to Council for consideration;

§  To allow for the submission of Late Items by the General Manager in the case of necessity;

§  New clauses are proposed with respect to presence at Council Meetings and departure from meetings;

§  The guidelines for public address at meetings have been expanded to make it clear that matters can only be the subject of public address on one occasion in any three month period;

§  New provisions have been included to control the tabling of documents (including petitions);

§  The provisions with respect to the submission of Rescission Motions have been amended to require Rescission Motions to be submitted to the General Manager by 12 noon on the day following the day of the meeting;

§  Comprehensive details with respect to declaring and managing conflicts of interests have been included in the Code as an appendix.

 

The revised (draft) Code has been circulated separately to the business paper.  

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Substantial amendments to the Code must be publicly exhibited prior to adoption in accordance with Section 361 of the Local Government Act.  The proposed amendments to Council’s Code of Meeting Practice are considered substantial given their impact on members of the public.  The provisions that will have a direct impact on members of the public include the proposed new meeting structure, the public address provisions, the rescission motion provisions and the tabling of documents provisions.

 

RECOMMENDATION:

 

(a)        That the amended Code (as distributed) be placed on public exhibition in accordance with Section 361 of the Local Government Act.

 

(b)        That this matter be reported back to Council at the close of the public exhibition period.

 

 

ATTACHMENT/S:

 

1.  Draft Code of Meeting Practice (Distributed separately)  

 

 

………………………………

………………………………

GEOFF BANTING

JULIE HARTSHORN

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

SENIOR ADMINISTRATIVE COORDINATOR

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 49/2005

 

 

SUBJECT:

EARLY CLOSING - CHRISTMAS/NEW YEAR 2005

 

 

DATE:

8 November, 2005

FILE NO:

F2004/06893

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES  

 

 

INTRODUCTION:

 

In past years the Council offices have been closed early on Christmas Eve and New Years Eve.

 

ISSUES:

 

The following arrangements are proposed for the Christmas & New Year period this year:

 

§ Friday 23 December 2005 – Council to close at 12 midday.

§ Friday 30 December 2005 – Council to close at 3.00pm.

 

The days in question are relatively quiet in terms of contact with the community and a number of staff take annual leave over this period.  There will be a staff function on the afternoon of 23 December 2005 to celebrate the Christmas season and thank the staff for their efforts during 2005.

 

The early closing times will be advertised in the Mayoral column and notices will be displayed at the Council offices in order to minimise any inconvenience for members of the public.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.  There will, however, be a small loss in productivity on the days involved and there will also be a small cost involved in advertising the matter in the Mayoral column.

 


CONCLUSION:

 

Council offices have been closing early on the days in question for a number of years. Given adequate publicity, it is felt that the early closing will create minimal impact on Council’s customer service levels.

 

RECOMMENDATION:

 

That the following arrangements for the 2005 Christmas/New Year period be noted:

§ Friday 23 December 2005 – Council offices to close at 12 midday.

§ Friday 30 December 2005 – Council offices to close at 3.00pm.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

GEOFF BANTING

JULIE HARTSHORN

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

SENIOR ADMINISTRATIVE COORDINATOR

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 50/2005

 

 

SUBJECT:

ARRANGEMENTS DURING CHRISTMAS/NEW YEAR PERIOD FOR DECISION MAKING & SCHEDULE OF MEETINGS FOR 2006

 

 

DATE:

8 November, 2005

FILE NO:

F2005/06565

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES  

 

 

INTRODUCTION:

 

This report outlines the method for matters to continue to be processed during the Christmas/New Year meeting recess period and suggests a Council and Committee Meeting schedule for the forthcoming calendar year.

 

ISSUES:

 

A meeting schedule for the 2006 calendar year has been prepared (based on the practice of past years) and is attached for Council’s endorsement.

 

Should the necessity arise for any meeting dates to be altered, the provisions of Council’s policy No. 2.01.06 will be utilised (see attached).

 

It has been the practice for many years for the Council to take a recess following the last Ordinary Meeting in December, to give Councillors and officers the opportunity to either take a break over the Christmas holiday period or to finalise the year’s activities and plan for the following twelve months.  During previous recess periods, Council policy No. 1.01.11 (see attached) prevailed.  This policy provides a means of attaining decisions on urgent or important matters during the meeting recess and provides:

 

“The Mayor, the Chairpersons of the Health, Building & Planning Committee, the Administration & Finance Committee, the Community Services Committee and the Works Committee or in his or her absence (or if the Mayor is the Chairperson of the Committee) the Deputy Chairpersons and the General Manager jointly be authorised to make decisions which would otherwise be made by the Council and any such decisions are to be unanimous and circulated to Councillors for their information.” 

 

Over the 2004/2005 Christmas/New Year period, three (3) items of business were dealt with under this policy.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Urgent and important Council business can be dealt with during the Christmas/New Year period, without the requirement for formal Council and Committee Meetings, by utilising Council policy No. 1.01.11 during that time.  Any matters that are unable to be dealt with using policy No. 1.01.11, due to extenuating circumstances, could be dealt with at an Extraordinary Meeting.

 

RECOMMENDATION:

 

a)         That the Council Meeting recess commence following the Ordinary meeting scheduled to be held on Tuesday 13 December 2005 and meetings be resumed on Tuesday 8 February 2006 (with Committee meetings being held on that night) and during the recess period Policy No. 1.01.11 (“Council in Recess – Procedure”) be utilised, subject to the need for any Extraordinary Meetings which may be called in extenuating circumstances.

 

b)         That the Meeting Schedule for the 2006 calendar year be adopted.

 

 

ATTACHMENT/S:

 

1. Policy No. 1.01.111

2. Policy no. 2.01.06

3. Council and Committee Meeting dates for 2006. 

 

 

 

 

………………………………

………………………………

GEOFF BANTING

JULIE HARTSHORN

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

SENIOR ADMINISTRATIVE COORDINATOR

 

 

 

 

 

 


 

RANDWICK CITY COUNCIL

 

 

POLICY REGISTER

 

 

PART 1 -  COUNCIL MATTERS, MAYOR, COUNCILLORS AND STAFF

 

 

Review Date:    /     /                                                         Policy No: 1.01.11

 

 

POLICY TITLE:         COUNCIL IN RECESS – PROCEDURE.

 

 

File No.                   C-16-7

 

 

OBJECTIVE

 

To provide a means of obtaining decisions on important or urgent Council matters at times of Council recess.

 

 

POLICY STATEMENT

 

That subject to other policies of the Council and to Section 377 of the Local Government Act 1993:-

 

The Mayor, the Chairpersons of the Health Building and Planning Committee, the Administration & Finance Committee, the Community Services Committee and the Works Committee or in his or her absence, (or if the Mayor is the Chairperson of the Committee) the Deputy Chairpersons and the General Manager jointly be authorised to make decisions which would otherwise be made by the Council and any such decisions are to be unanimous and circulated to Councillors for their information.

 

 

 

 

 

 

 

 

 

 

 

Minute No:          386/1986             Meeting Date:                    12 August, 1986

Amended:           386/1993                                               12 September, 1993     582/1993       14 December, 1993

                        566/1994                                                   18 October, 1994

                        577/1994                                                22 November, 1994

                        381/1996                                                10 December, 1996

                        264/1998                                                24 November, 1998

                        163/2000                                                 5 September, 2000


 

RANDWICK CITY COUNCIL

 

POLICY REGISTER

 

 

PART 2 – GENERAL MANAGER’S OFFICE

 

 

Review Date:     /    /20                                            Policy No: 2.01.06

 

 

 

POLICY TITLE:         COUNCIL AND COMMITTEE MEETINGS – AUTHORITY TO VARY DATES AND TIMES.

 

 

File No.                   C-16-7

 

 

OBJECTIVE

 

To allow flexibility in complying with the schedule of meeting dates and times for Council and Committee Meetings.

 

 

POLICY STATEMENT

 

That the General Manager is authorised to vary the schedule of meeting dates and times for meetings of Committees and the Council, when it is not practicable or desirable to hold meetings on a particular designated night to ensure that one meeting of each general committee and an Ordinary meeting of the Council is held each month, except for the month of January (289/1989 – 19/9).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minute No:     427/1987                 Meeting Date:           27 October, 1987

Amended:      289/1989                                             19 September, 1989

General Manager’s Del. Auth.          Revised legislation-Policy No. 2.01.04 [No.14(ii)] Local Government Act, 1993

 


COUNCIL AND COMMITTEE MEETING DATES FOR 2006

PUBLIC HOLIDAYS

 

JANUARY

FEBRUARY

MARCH

APRIL

MAY

JUNE

 

MON

 

 

 

 

1

 

MON

TUE

 

 

 

 

2 Committee Agenda Issued

 

TUE

WED

 

1 Deadline: Committees 14/2

1 DEADLINE: COMMITTEES 14/3

 

3

 

WED

THU

 

2

2

 

4

1

THU

FRI

 

3

3

 

5

2

FRI

SAT

 

4

4

1

6

3

SAT

SUN

1

5

5

2

7

4

SUN

MON

2 New Year’s Day (Holiday)

6

6

3

8

5

MON

TUE

3

7 Committee Agenda Issued

7 Committee Agenda Issued

4 Committee Agenda Issued

9 COMMITTEES

6 Committee Agenda Issued

TUE

WED

4

8

8

5

10

7

WED

THU

5

9

9

6

11

8

THU

FRI

6

10

10

7

12

9

FRI

SAT

7

11

11

8

13

10

SAT

SUN

8

12

12

9

14

11 

SUN

MON

9

13

13

10 

15

12 Queens’ Birthday (Holiday)

MON

TUE

10

14  COMMITTEES

14 COMMITTEES

11  COMMITTEES & DEADLINE: Council 18/4

16

13  COMMITTEES

TUE

WED

11

15

15

12

17 Deadline: Council 23/5

14 

WED

THU

12

16

16

13 Council Agenda Issued

18

15

THU

FRI

13

17

17

14  GOOD FRIDAY

19 Council Agenda Issued

16

FRI

SAT

14

18 

18

15  EASTER SATURDAY

20 

17

SAT

SUN

15

19

19

16  EASTER SUNDAY

21 

18

SUN

MON

16

20

20

17  EASTER MONDAY

22

19 

MON

TUE

17

21

21

18  COUNCIL (1 wk early due to Anzac Day holiday 25 April)

23 COUNCIL

20

TUE

WED

18

22 DEADLINE: COUNCIL 28/2

22 DEADLINE: COUNCIL 28/3

19

24 

21 DEADLINE: COUNCIL 27/6

WED

THU

19

23

23

20

25

22

THU

FRI

20

24 Council Agenda Issued

24 Council Agenda Issued

21  Council Agenda Issued

26

23 Council Agenda Issued

FRI

SAT

21

25

25

22

27

24

SAT

SUN

22

26

26

23

28

25

SUN

MON

23

27

27

24 

29

26

MON

TUE

24

28 COUNCIL

28 COUNCIL

25  Anzac Day (Holiday)

30

27 COUNCIL

TUE

WED

25

 

 

29 DEADLINE: COMMITTEES 11/4

26

31 Deadline: Committees 13/6

28 DEADLINE: COMMITTEES 11/7

WED

THU

26 Australia Day (Holiday)

 

31

27 DEADLINE: COMMITTEES 9/5

 

29

THU

FRI

27

 

 

28 

 

30

FRI

SAT

28 

 

 

29

 

 

SAT

SUN

29

 

 

30

 

 

SUN

MON

30

 

 

 

 

 

MON

TUES

31

 

 

 

 

 

TUES

 

 

 

 

 

 

 

 

MEETING TIMES:

Community Services Committee

Works Committee

Administration & Finance Committee

Health, Building and Planning Committee

5.30 p.m.

6.00 p.m.

6.00 p.m.

6.30 p.m.

Council Meetings:

6.00 p.m.

 

 

 

DEADLINES CLOSE:

 

 

12.00 noon

COUNCIL AND COMMITTEE MEETING DATES FOR 2006

PUBLIC HOLIDAYS

 

JULY

AUGUST

SEPTEMBER

OCTOBER

NOVEMBER

DECEMBER

 

MON

 

 

 

 

 

 

MON

TUE

 

1 Committee Agenda Issued

 

 

 

 

TUE

WED

 

2

 

 

1 LGAC Deadline: Committees 14/11

 

WED

THU

 

3

 

 

2

 

THU

FRI

 

4

1

 

3

1 Committee Agenda Issued

FRI

SAT

1

5

2

 

4

2

SAT

SUN

2

6

3

1

5

3

SUN

MON

3

7

4

2 Labour Day (Holiday)

6

4

MON

TUE

4 Committee Agenda Issued

8 COMMITTEES

5 Committee Agenda Issued

3 Committee Agenda Issued

7   Melbourne Cup Day

Committee Agenda Issued

COMMITTEES

TUE

WED

5

9

6

DEADLINE: COUNCIL 12/12

WED

THU

6

10

7

5

9

7 

THU

FRI

7

11

8

6

10

Council Agenda Issued

FRI

SAT

8

12

9

7

11

9

SAT

SUN

9

13 

10

8

12

10

SUN

MON

10

14 

11

9

13 

11

MON

TUE

11  COMMITTEES

15

12 COMMITTEES

10 COMMITTEES

14  COMMITTEES

12 COUNCIL

TUE

WED

12 

16  DEADLINE: COUNCIL 22/8

13 DEADLINE: EXTRAORDINARY COUNCIL 19/9

11 

15 

13 

WED

THU

13 

17

14

12

16

14

THU

FRI

14

18 Council Agenda Issued

15 Ext Ccl Agenda Issued

13

17 

15

FRI

SAT

15

19

16

14

18

16

SAT

SUN

16

20

17

15

19

17

SUN

MON

17

21

18

16

20

18

MON

TUE

18

22 COUNCIL

19  EXTRAORDINARY COUNCIL (Elect Mayor & Deputy)

17

21 

19

TUE

WED

19 DEADLINE: COUNCIL 25/7

23

20 DEADLINE: COUNCIL 26/9

18 DEADLINE: COUNCIL 24/10

22 DEADLINE:  COUNCIL 28/11

20

WED

THU

20

24

21

19

23

21

THU

FRI

21  Council Agenda Issued

25 

22  Council Agenda Issued

20 Council Agenda Issued

24 Council Agenda Issued

22

FRI

SAT

22

26

23

21

25

23 

SAT

SUN

23

27

24

22 

26

24 

SUN

MON

24

28

25

23 

27

25  Christmas Day

MON

TUE

25  COUNCIL

29

26 COUNCIL

24  COUNCIL

28 COUNCIL

26  Boxing Day

TUE

WED

26 DEADLINE: COMMITTEES 8/8

30 DEADLINE: COMMITTEES 12/9

27 DEADLINE: COMMITTEES 10/10

25 

29  DEADLINE: COMMITTEES 5/12

27

WED

THU

27

31

28

26 

30

28

THU

FRI

28

 

29

27

 

29

FRI

SAT

29

 

30

28

 

30

SAT

SUN

30

 

 

29 LGAC

 

31 New Year’s Eve

SUN

MON

31

 

 

30 LGAC

 

 

MON

TUE

 

 

 

31 LGAC

 

 

TUES

MEETING TIMES:

Community Services Committee

Works Committee

Administration & Finance Committee

Health, Building and Planning Committee

5.30 p.m.

6.00 p.m.

6.00 p.m.

6.30 p.m.

Council Meetings:

6.00 p.m.

 

DEADLINES CLOSE:

12.00 noon


 

Director, City Planning Report 83/2005

 

 

SUBJECT:

12-32 Pine Avenue, Little Bay (formerly known as 1430 Anzac Parade, Little Bay 

 

 

DATE:

9 November, 2005

FILE NO:

D/0004/2005

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is Development Application Report No. DA0004/2005 for erection of a four level multi-unit development containing 70 self-care apartments for seniors, including basement carparking for 110 vehicles.

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

Development Application Report dated 9 November 2005.

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

7 November, 2005

FILE NO:

D/0004/2005

 

PROPOSAL:

 Erection of a four level multi-unit development containing 70 self-care apartments for seniors including basement carparking for 110 vehicles.

PROPERTY:

12-32 Pine Avenue, Little Bay (formerly known as 1430 Anzac  Parade, Little Bay)

WARD:

 South Ward

APPLICANT:

 Multiplex Development 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 70 self-care apartments for seniors/older persons including basement carparking for 110 vehicles. The site is vacant land located in the central historic precinct of the Prince Henry site at the intersection of the existing road, Pine Avenue, and the new road Pavilion Drive.

 

The application is referred to the Health, Building and Planning Committee as the proposed development is valued at approximately $21 million.

 

The proposal is permissible under Randwick Local Environmental Plan 1998 and complies with all the controls contained in the LEP. The application also complies with all the relevant prescribed controls in the Prince Henry Development Control Plan.

 

The proposal was notified and advertised as “integrated development” for a period of 30 days in accordance with the EP&A Act 1979 (as amended). No submissions were received in response to the proposal.

 

The proposed development was 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. The Heritage Council has assessed the application and issued its General Terms of approval.

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the Master Plan for the Prince Henry site which was adopted in December 2001. Under the amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005, the Master Plan is now made a Deemed Development Control Plan (Deemed DCP). The proposal is consistent with the requirements of the Deemed DCP, will be sympathetic to the historic precinct, complies with the maximum FSR, building, wall height and landscaping controls of the Randwick LEP, and complies with all the controls of the Prince Henry DCP. However, the proposal has more dwellings than were provided on an indicative basis within the adopted Master Plan and, as such, a Section 94 contribution will be applied to the increase in the number of dwelling units above that indicated in the Deemed DCP/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 comprising three separate but linked buildings which will contain 70 self-care apartments including basement carparking for 110 vehicles. Specifically, the proposal will comprise the 5 x one bedroom units,  35 x two-bedroom units and 30 x three bedroom units.

 

The proposal also includes construction of a section of carpark in the basement level containing an additional 53 carspaces which will be allocated to and used by future residents of the adjoining Matron Dixon Building. Accordingly, conditions requiring easements for access to, and separate stratum sub-division for, this carpark for the Matron Dixon Building has been applied should approval be granted.

 

The proposed development will contain the following uses:

 

Basement

 

·        92 resident and 18 visitor carparking spaces

·        53 carparking spaces for the adjoining Matron Dixon building

·        Storage space

·        Storage space

·        Mechanical switchboard room

·        Communications and services rooms  

 

Ground Floor Level

 

·        Lobby (in all 3 buildings)

·        1 x 1 bedroom units

·        12 x 2 bedroom units

·        3 x 3 bedroom units

·        Toilet facilities

·        Office and services

·        Lounge/Dining area

·        Function room

·        Storage space

·        Vehicular access from the new road, Pavilion Drive, to the basement carpark via a carparking ramp.

·        Porte Cochere linked to Pine Avenue

·        Pedestrian access from Pine Avenue and Pavilion Drive

 

First Floor Level

 

·        2 x 1 bedroom unit

·        10 x 2 bedroom unit

·        9 x 3 bedroom unit

 

Second Level

 

·        2 x 1 bedroom unit

·        10 x 2 bedroom unit

·        9 x 3 bedroom unit

 

Third Level

 

·        3 x 2 bedroom unit

·        9 x 3 bedrooms unit

 

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 (now a Deemed DCP) for the Prince Henry site. The subject site is known as Lot 31 in DP 270427. The site is also referred to as Lot 10 in Council’s Prince Henry Site DCP (the DCP). The subject site is located on the northern side of Pine Avenue and comprises vacant land with an area of 11,150sqm.

 

The subject site is bounded by land containing the Pathology Building and Artisan Cottages to the west, the Matron Dixon Building to the north, the new road, Pavilion Drive and the Institute of Tropical Medicine complex to the east, and Pine Avenue to the south. The Pathology Building, Artisan Cottages, Matron Dixon Building and Institute of Tropical Medicine Complex are all significant heritage buildings under the Conservation Management Plan applicable to the area.

 

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 created a new residential and community precinct with a variety of land uses including retail, commercial, open space, recreation and community facilities. Under the amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005, the Master Plan is now made a Deemed Development Control Plan (Deemed DCP). On the 18 October 2005, Council adopted amendments to the Deemed DCP subject to variations (see Section 10.1 below).

 

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 RLEP1998 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

763/2004

Construction of the Stage 2 Infrastucture and Streetscape Works at the former Prince Henry Hospital Site.

Approved

26/4/2005

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

922/2004

Demolition of the Artisans Cottages 8 & 9 ( (Building 47) at the Prince Henry Hospital Site.

Approved

8/04/2005

965/2004

New two storey dwelling house (three levels) including northern facing deck and terrace areas, double garage, plunge pool and water garden feature.

Approved

30/03/2005

967/2004

New two storey dwelling house including courtyard deck, reflection pool and roof terrace

Approved

30/03/2005

968/2004

New two storey dwelling house including north facing deck areas, double garage and inground swimming pool

Approved

30/03/2005

969/2004

New two storey dwelling house including north facing deck areas, double garage and inground swimming pool

Approved

30/03/2005

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

1013/2004

Public domain works, including establishment of public parks, turfed areas and plantings, restoration of paving, gateposts/gatehouses, water tower and wishing bell, and installation of viewing platform and signage (Heritage Conservation Area).

Approved

19/7/2005

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

3/2005

Erection of a 4-level multi-unit development containing 44 self-care apartments for seniors, including basement carparking for 57 vehicles.

Approved

11/10/2005

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

331/2005

Alterations and additions to existing heritage item and adaptive re-use for residential purposes (13 units), basement parking for 19 cars and at ground parking for 3 cars, stratum land subdivision and boundary adjustment.

Approved

27/9/2005

473/2005

 

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

474/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

475/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

476/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

477/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

479/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

482/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

483/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

 

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 Lot 9, 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 residential use.

 

The site features various cultural, natural and Indigenous heritage values including the buildings used by the Coast and Prince Henry Hospitals.

 

Several previous DAs for 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 18 which is located in the Historic Precinct as identified in the DCP.  The subject site is in the vicinity of a number of significant hospital buildings.  It is bounded to the south by the significant Pines Avenue, to the west by the site of the significant Pathology Department building, to the north by the significant Matron Dickson Building with the Tropical Medicine Complex to the east over the road.  A water tower is located on the south west corner of the subject site with the associated reservoir adjacent to the western boundary.  A significant retaining wall associated with the Matron Dickson at the north east corner of the site.  The site formerly featured the Matron McNevin Nurses Home which has been demolished and the site is currently vacant and has been subject to some remedial works.  There is a retaining wall and steps close to the Matron Dickson Building which are proposed to be removed.  The steps and wall are in poor condition and have lost their context.  It is not identified as a significant retaining wall in the DCP.

 

This proposal is for the construction of a new aged care facility on Lot 18 of the site.  The proposed building is to be four storeys along the southern Pine Avenue elevation and separated into two sections to allow visual and pedestrian access across Pine Avenue to the Matron Dickson Building.  The eastern portion of the building is only three storeys high and the south east corner is setback on a splay to interpret an historic road alignment.  A large public open space area is located to the north east of the proposed building.

 

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 proposal responds to the mass of built forms along Pine Avenue and retains significant plantings and vistas both down and across the avenue.  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 building is openly contemporary and it is appropriately identifiable as a new element within an historic precinct.  Its materials and finishes are also appropriate and are not intrusive to the significant buildings in the area.  The removal of the section of retaining wall and stairs close to the Matron Dickson Building is considered appropriate as it is in poor condition, has lost its relationship to contextual fabric and was not identified as significant in the CMP or DCP.

Recommendations

 

The following conditions should be included with any consent:

 

·        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.

·        Any sandstone kerbing removed from along Pine Avenue to provide for the proposed driveway crossings should be retained and then re-laid in the same alignment flush with the road surface to interpret the original alignment.

·        A Schedule of Conservation Works for the retaining wall shall be prepared in accordance with the principles embodied in the Australia ICOMOS Burra Charter and the methodology outlined in J.S. Kerr’s The Conservation Plan.  This Plan shall be prepared by an architect suitably qualified and experienced in heritage conservation, and shall be to be submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.”

 

Comment : The Heritage Planner’s recommendations have been adequately addressed by way of recommended conditions issued by the Heritage Council of NSW.

 

6.2     Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

“An amended application has been received for the construction of an aged care residential flat building at the above site containing 70 units, with basement carparking for 163 vehicles.

 

It is also proposed to amend the boundary between Lots 31 and 27 to allow for sub-stratum allocation of the proposed northern wing of the carpark (Matron Dixon carpark) to Lot 27.

The original DA submission identifies the subject development site as Lot 31 only. This is not appropriate as the proposed works actually extend into Lot 27 and the proposed boundary adjustment affects both Lots. Prior to the issuing of development consent, the planning officer should obtain written confirmation from the applicant and land owner that the subject development site is both Lot 31 and Lot 27.

This report is based on the following plans and documentation:

 

·        Statement of Environmental Effects dated December 2004;

·        Basement Plan drawing no. A-L18-1004(1) dated 4 July 2005;

·        Ground floor plan drawing no. L-18-A04-D dated 17 December 2004;

·        Landscape Masterplan by EDAW Gillespies, project number 04501973, Drawing number LA050 (issue C), dated 16/12/2004

·        Email from Eva Hanly dated 1 April 2005 regarding sub-stratum subdivision;

·        Email from Eva Hanly dated 2 May 2005 regarding access points from Matron Dixon section of carpark;

·        Amended Waste Management Plan by Elephant’s Foot Waste Compactors Pty Ltd (undated) received 1 August 2005;

·        Lot 31 Services Relocation drawing no. SK-C-320 (Rev1) dated 5/9/05

 

Landscape Comments

There is a row of significant and historical Araucaria heterophylla (Norfolk Island Pines) along the northern side of Pine Avenue which borders the site, varying in height from 4 metres to in excess of 20-25 metres. These large trees have been inter-planted with smaller specimens, which when assessed as a whole, form an impressive avenue planting and entry statement which are a prominent feature of the site.

 

The site inspection revealed that excavation had already been undertaken in close proximity to the trunks of several of these trees as part of a separate consent relating to site remediation works. The subject development application should not further impact on any of these trees and as such conditions regarding protection of these trees have not been included in this report.

 

It is noted that the apex of the Norfolk Island Pine immediately to the south of the water tower is suffering severe dieback, the cause of which needs to be determined. As such, the applicant will be required to provide an Arborist Report outlining the possible cause/s of this problem, as well as relevant recommendations for its management.

 

This application proposes to remove one of the smaller Norfolk Island Pines along Pine Avenue to accommodate vehicle access, as well as other trees within the site to allow for construction of the proposed basement and building respectively; however, the site inspection revealed that these trees have already been removed, presumably as part of a separate application as mentioned above, and as such, conditions relating to these specific trees have not been included in this report.

 

In the adjoining Lot to the northwest (Lot 26), close to the common boundary, there is one Ficus macrophylla (Moreton Bay Fig) of approximately 10 metres in height. Although covered by Council’s Tree Preservation Order, it appears in average condition with several of the overhanging branches having been damaged, possibly by machinery during the excavation/ demolition/remediation phase. This tree is sited a reasonable distance from all proposed construction, and as such, the only condition deemed necessary is one granting consent to prune these damaged branches.

 

Bushland Comments

It is recommended that this application be referred to a Bushland consultant for specific comments and conditions relating to the protection of the area of Eastern Suburbs Banksia Scrub towards the northeast corner of Lot 31.

 

Drainage Comments

All site stormwater leaving Lot 31 must be discharged to the new storage pond (located adjacent to Fairway 7 within the Coast golf course), via the street drainage system in Pine Avenue. The stormwater shall be discharged directly to the underground drainage system in accordance with the Prince Henry drainage strategy prepared by Connell Wagner.

 

A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to site stormwater discharging by gravity to the street drainage system.

 

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

 

Pipeline Diversion Comments

To avoid conflict between the proposed development and a stormwater easement burdening the site, the applicant has submitted a revised design by Connell Wagner for the proposed inter-allotment drainage (and sewer) lines that will burden the site. It is understood from discussions with the applicant that the subject pipelines have not yet been installed and the lines may be diverted around the basement without adversely impacting the performance of the system.

 

The development engineer has requested that the following additional information be provided regarding the pipeline diversion:

 

1.       An amended basement and ground floor plan showing the location of the pipeline and easement. It is noted that no portion of the development should encroach over the easement;

 

2.       Confirmation from Connell Wagner that the realigned pipeline will not adversely affect the hydraulics of the system;

 

3.       A written statement from Landcom and the certifying authority for the drainage works (Development Engineering and Management Solutions) confirming that they do not object to the proposed pipe relocation; and

 

4.       Details regarding who will be responsible for relocating the pipeline and modifying the location of the drainage easement on the subdivision plans.

 

The applicant has not yet responded to any of the above items; consequently, it is proposed to include a deferred commencement condition to address the outstanding requests for additional information.

 

In relation to item 4, it is noted that installation of the drainage pipeline is not strictly part of the subject development application (provided Landcom agree to the proposed new location). Consequently, whilst the conditions contained in the report require the existing 3 metre wide drainage easement to be relocated as part of this application, no conditions regarding construction of the realigned pipeline have been included.

 

The applicant shall liaise directly with Sydney Water regarding the proposal to realign the sewer line.

 

Traffic/Parking Comments

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.

 

Parking Comments

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

 

Three covered car washing bays shall be provided for this development. These may be provided within visitor parking spaces however 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’

 

The submitted Statement of Environmental Effects notes that the proposed basement carpark is to provide parking facilities for both the new development on Lot 31 (110 spaces) and the adjacent Matron Dixon building on Lot 27 (53 spaces).

 

Pedestrian and vehicular access to and from the Matron Dixon carpark

As the proposed basement carpark includes the provision of parking spaces for use by patrons of the adjacent Matron Dixon building (Lot 27), easements for access will be required to facilitate access to the parking area.

 

As discussed in the stratum subdivision comments below, it is proposed to transfer the northern wing (Matron Dixon wing) of the carpark to the title of Lot 27. Consequently, easements for parking should not be required.

 

It is noted that the submitted plans show the provision of a pedestrian ‘tunnel access’ (and emergency exit stairs) from the Matron Dixon section of the carpark to the adjacent Matron Dixon building. The applicant has provided confirmation (see attached email) from the adjacent property developer (Stockland Limited) stating that; ‘in principle the layout, access and egress for the proposed Matron Dixon carpark as indicated on Eeles Trelease drawing L18-A093-D is acceptable to Stockland.’

 

 

Based on the above advice, no objections are raised to the proposed access arrangements from the proposed carpark to the Matron Dixon Building.

Traffic Generation Comments

The submitted Statement of Environmental Effects notes that the traffic generation for Lot 31 is greater than that approved in the Masterplan; as an additional 5 units have been proposed above the 65 unit facility initially approved. This will result in an additional traffic generation of 20-25 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, and the attached comments (dated 17 August 2005) were received. It is noted that whilst the SRDAC concluded that the proposal will not have a significant traffic impact on the adjacent classified road network, the letter from the SRDAC does note that the police have raised some concerns regarding the ability of the internal road network to cope with the additional traffic. Consequently, the supplementary traffic report has been referred to Council’s traffic engineer for discussion with police representatives.

 

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

 

Stratum Subdivision Comments

The submitted plans show the northern wing of the basement carpark extending under Lot 27. It is understood that the applicant intends to ‘sub-stratum subdivide’ the site to transfer title of the northern wing of the carpark, to Lot 27 (the Matron Dixon Building) (see attached email from Eva Hanley dated 1/4/2005)).

 

Subject to the planning officer obtaining written confirmation from the applicant and land owner that the subject development site is both Lot 31 and Lot 27 (refer to comments at the start of this memo), no objections are raised to the proposed boundary adjustment being included as part of this development consent.

 

The applicant shall submit for approval and have approved a formal subdivision application to allocate the northern wing of the carpark to Lot 27. The subdivision plans shall show a right of carriageway being created (in favor of Lot 27) over the driveway from Pavillion Drive (EX1) to the entrance of the Matron Dixon carpark.

 

Waste Management Comments

The subject development (containing 70 units) is required to provide garbage compactors to minimise the number of bins presented kerbside for collection. The original plans and documentation submitted with the development application did not demonstrate compliance with this requirement.

 

To address this issue, the applicant has submitted amended plans and an amended Waste Management Plan by Elephant’s Foot Waste Compactors Pty Ltd (undated) received by Council on 1 August 2005 (copy attached). The amended plans show a single compactor system being provided in the basement with chute feeders arriving in five separate bin rooms. The caretaker will be responsible for manually wheeling full bins to the compaction room for compacting then wheeling these bins back to the chute fed bins room for re-filling. Council’s Waste Compliance Officer has reviewed the amended plans and advises that the amended plans are satisfactory and address Council’s requirements in relation to the waste room sizes, the bins required and the caretaker’s duties.

 

It is noted that Council generally requires chutes to feed directly into the compactor/s. However, given that the subject development has 5 separate cores, compliance with this requirement would be difficult to achieve. Further, as the applicant has submitted correspondence from St Lukes Hospital (who will operate the aged care facility) advising that the do not object to the proposed labour intensive waste management arrangements, it is considered acceptable for the chutes to feed into 5 separate bin rooms with one communal compactor.

 

Under the proposed waste management arrangement a compaction ration of 1.5:1 (rather than council standard figure of 2:1) will be achieved. Thus the required number of garbage bins will be 24 x 240 litre garbage bins (plus 1 x 240 litre bin under each garbage chute). Given that each of the chute rooms can hold 2 x 240 litre bins, the garbage room shall be sized to contain the compactor (with safe working area) and a minimum 19 x 240 litre garbage bins.

 

The compactor system shall be managed by a caretaker and the compactor is to be located in an area that is not accessible by residents. A minimum of 2 x 240 litre garbage bins shall be provided outside of the compactor area to facilitate disposal of non-recyclable residential garbage which cannot fit into the garbage chute systems.

 

Recyclables shall not be compacted. The residential recycling room shall be separated from the compactor room and shall be sized to contain a total of 35 recycling bins whilst providing satisfactory access to all bins.”

 

Comment : Written confirmation from the land owner that the subject development site covers both Lot 31 and Lot 27 (ie., the subject site and the adjoining Matron Dixon site), and that consent is given for the lodgement of the development application over these two sites, has been provided to Council. In relation to bushland, the applicant has provided a letter from its consultant ecologist (working in conjunction with a consultant surveyor) indicating that no remnant bushland or endangered species/communities exists in the subject site.

 

6.3     Building Services Comments

 

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

 

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.

 

Conclusion:

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

 

RECOMMENDATION:

 

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

 

6.4     Environmental Health Comments

 

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

 

Key Issues

 

Land Contamination:

 

With the submission of the information accompanying this DA, no information was submitted in relation to SEPP 55, land contamination and remediation.  Reference is made to DA1188/02 ‘A’.

 

Two site auditors have been appointed for the Prince Henry site and both Site Auditors have reviewed the remediation strategies – for the developable portion of the site. (Copies of the reviews by the site auditors, Councils review and copies of the new RAPs’ are located on the files for DA 1188/02 part 5 and 6).

 

Prior to any infrastructure works commencing, a clearance instruction is required to be issued by the site auditor, as stipulated in the conditions of DA 1188/02/A. No other works/building works shall commence without a site audit statement being issued for the subject land. All remediation works are to be undertaken in accordance with the approved remediation strategy and overseen by the appointed site auditor, as detailed in DA1188/02 ‘A’.   Any approval is to be conditioned accordingly.

 

Kitchen/ Hair Salon/ Warm Water System:

 

The proposed Kitchen/ Hair Salon and any Warm Water Systems need to be registered with the local authority as per the requirements of the Local Government Act. Any such approval is to be conditioned accordingly.

 

Acoustic Amenity:

 

An acoustic report has been submitted with the application. The report comments on Aircraft noise, traffic noise, AS 2107 and the need for further assessment and report. 

 

The proposal is not located in an ANEF zone and as such no further assessment is required in relation to Aircraft Noise.

 

Any approval is to be conditioned accordingly requiring acoustic assessment and validation reports (incorporating proposed plant and equipment, internal amenity and road traffic noise impact) as recommended in the acoustic report submitted with this DA.

 

Bin Chutes:

 

The apartments and kitchen will be provided with bin chutes leading to the bin bay area. Appropriate conditions are to be imposed to ensure no environmental pollution and loss of amenity occurs.

 

RECOMMENDATION:

 

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

 

 

 

6.5     Heritage Council of NSW Comments

 

The Heritage Council advised of its approval of the integrated development application in a letter dated 31 August 2005 in accordance with general terms of approval. The general terms of approval have been included as conditions of consent.

 

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 and which must be adopted and in force prior to the grant of development consent. Following amendments to the Environmental Planning and Assessment Act 1979, gazetted on 16 June 2005, master plans are now designated as Deemed Development Control Plans.

 

Accordingly, the master plan for the Prince Henry Site which was adopted on 27 May 2003, is now a Deemed DCP.

 

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 30A      Development of Certain Land in Zone No. 2D

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

3 to 4

Yes

Maximum FSR

 

0.9:1

0.9:1

Yes

Maximum Wall Height

14m

14m

Yes

Maximum Building Height

15m

15m

Yes

Minimum Landscaped Area (%site area)

40%

74%

Yes

Minimum soft landscaping (% site area)

20%

59%

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

3 to 4

Yes

Maximum FSR

 

0.9:1

0.9:1

Yes

Maximum Wall Height

14m

14m

Yes

Maximum Building Height

15m

15m

Yes

Minimum Landscaped Area (%site area)

40%

74%

Yes

Minimum soft landscaping (% site area)

20%

59%

Yes

Side Setbacks:

 

West

East  

 

 

4m

5-6m

 

 

4m

5-6m

 

 

Yes

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     Section 94 Contributions Plan

 

Section 94 contributions are not payable for developments that meet the Deemed DCP standards as the open space and community facility provisions in the Deemed DCP were designed to meet the requirements of the projected number of residents established in the Deemed DCP. Given that the proposal exceeds the projected number of dwellings established in the Master Plan by 5 units, it is considered appropriate that this number be subject to a section 94 contribution which, when calculated in accordance with the Section 94 calculated as follows:

 

Open space                  = $35259.94

 

Community Facilities     = $15590.36

 

Total                            = $50850.30

 

9.3     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 Deemed DCP 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)

 

Clause 30A         Development of Certain Land in Zone No. 2D

 

The proposal complies with all the statutory controls contained in the nominated builtform control maps applicable to the Prince Henry site.

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

 

A 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 further revised Master Plan consistent with the required amendments was adopted by Council on 27 May 2003. The adopted Master Plan is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005. The Deemed DCP acknowledged the provision of a residential aged care facility. The proposal is consistent with the Deemed DCP with the exception of the indicative measures relating to numbers of dwelling units, footprint and FSR which are considered acceptable for the following reasons:

 

§  the proposal 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 proposal with the former regarding the architectural quality of the proposal to be highly commendable.

§  the proposal results from detailed design whereas the Master Plan (Deemed DCP) is based on indicative/conceptual building footprints

§  the proposal complies with the maximum FSR, building, wall height and landscaping controls of the Randwick LEP

§  the proposal complies with all the prescribed controls 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 69 spaces over that considered adequate in the Deemed DCP to ensure no additional off-site parking impact results from the increase in dwelling units.

 

In addition, a Section 94 contribution will be applied to account for the excess number of units should approval be granted (see Section 9.3 above).

 

On the 18 October 2005, Council adopted amendments to the Deemed DCP subject to variations (see Section 10.1 below). These amendments relate to land in the southern half of the Prince Henry site (ie., south of Pine Avenue) and, therefore, are not relevant to the subject proposal.

 

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 application has been referred to the Heritage Council of NSW as integrated development and the Council has issued its General Terms of Approval for the proposed development. These GTAs have been incorporated as conditions of consent should approval be granted.

 

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. Land containing Eastern Suburbs Banksia Scrub is located in the adjoining lot 27 immediately north of the subject site. Whilst the subject 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 this adjoining bushland in terms of overshadowing or construction impacts. Notwithstanding this, the applicant has provided advice from its consultant ecologist advising that appropriate stabilisation works to an existing sand-dune extending between the subject site and the adjoining lot 27 should be undertaken to ensure that this sand-dune remains intact so as to avoid adverse effects on the ESBS in the area. Additionally, the consultant advises that repair works should be undertaken to an existing brick retaining wall containing the sand-dune and upon which the existing ESBS stand is located. Conditions will be applied accordingly should approval be granted for the proposal.

 

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 builtform, 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 Historic Precinct of the DCP and complies with all the applicable precinct specific controls. In addition, the proposal 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.

 

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 in an area of sand-dune in the adjoining lot 27 to the north of the subject site. The proposal will not affect this bushland in terms of overshadowing and/or physical works. However, appropriate conditions will be applied to stabilise the sand-dune and repair an existing brick retaining wall containing the sand-dune in order to ensure the protection of the ESBS.

 

 

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 clean flat roof setback from the edges to give articulation and soften the vertical elevation, results in contemporary architecture and a modern and superior design 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 these colours, materials and textures will result in an outstanding building as confirmed in the comments of the SEPP 65 Design Review Panel below.

 

The apartment design reflects the character of coastal outdoor living with large balconies especially for the designated penthouses. A strong sense of open space is created by the large rear courtyard comprising communal lawn and generous plantings. This will be augmented by a 10m wide view corridor separating the two buildings fronting Pine Avenue.

 

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 concurs with the report advising that the proposal adheres to the height, bulk, form, scale, mass and siting of the Draft DCP and, as such, generally raises no concern in regard to heritage conservation.  The proposal also responds to the mass of built forms along Pine Avenue and retains significant plantings and vistas both down and across the avenue.  The articulation of the elevations with the use of balconies, recessed and projecting elements, various materials and finishes and operable screens was considered appropriate by the heritage planner. The proposed building is considered openly contemporary which will make it appropriately identifiable as a new element within the historic precinct with materials and finishes that are will not be intrusive to the significant buildings in the area. 

 

The Heritage Council of NSW has recommended general Terms of Approval for the proposal and appropriate conditions of consent will be applied to reflect these should approval be granted for the application.

 

10.4.2.3                                                                                                                                         Sunlight, Privacy and Views

 

The proposal will have a predominantly east-west orientation fronting Pine Avenue and the new road, Pavilion Drive. Accordingly, shadow diagrams submitted with the application indicate that at 9am, 12 noon and 3pm in the winter solstice, overshadowing will fall mainly on Pine Avenue and Pavilion Drive. Accordingly, no overshadowing of surrounding residential properties will occur.

 

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 L-shaped east-west 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 rear courtyard will be north-facing thus achieving good solar access especially throughout midwinter.

 

In terms of privacy, the proposal will perform well in that:

 

§  Apartments will predominantly face the street-frontages to Pine Avenue and Pavilion Drive

 

§  The proposal will have a generous separation distances of max. 55m and min 23 m to the future residential uses in the Matron Dickson Building, and 15m to the  future residential uses in the McIllraith Building to the east.

 

In terms of views, the proposal will maintain the view-sharing principles of the Prince Henry DCP as the proposal complies with the height controls of the DCP and the view corridor requirement between the Matron Dickson Building and Pine Avenue.

 

Overall, the proposal is satisfactory with regard to solar access, privacy and views.

 

10.4.2.4      Parking, traffic and access

 

The Prince Henry DCP states that car parking is to be provided in accordance with the DCP - Car Parking (Clause 6.3) which requires carparking for self-contained aged housing to be provided at the rate of 0.5 spaces per bedroom. Applying this rate, the proposal will require 83 carspaces. The proposal provides for a total of 110 carspaces which complies with the DCP.  The parking layout will also satisfy the DCP requirements for parking space dimensions (including allowances for end bays), gradients, headroom and aisle-widths.

 

The submitted Statement of Environmental Effects notes that the traffic generation for Lot 10 (the subject site) is greater than that approved in the Deemed DCP as an additional 5 dwelling units is proposed above the 60 unit facility initially approved under the Deemed DCP. This will result in an additional traffic generation of 20-25 DVTs (daily vehicle trips) over and above the traffic generation of the approved Deemed DCP.

 

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 Deemed DCP. 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 Deemed DCP.

 

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 Deemed DCP. 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 Deemed DCP) 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 Pine Avenue and Pavilion Drive and vehicular access from Pavilion Drive 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 (now referred to as a Deemed DCP). In doing so, 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 Deemed DCP 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 Deemed DCP for the site. The development proposes a building envelope, height and landscaping that meet the criteria and fulfil these objectives.

 

The proposal will not have a significant impact on surrounding properties, heritage items and areas subject to compliance with conditions of consent. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0004/2005 for the erection of a 4 level multi-unit development comprising of 70 self-care apartments including basement carparking for 92 resident vehicles at 12-32 Pine Avenue, Little Bay subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.       An amended basement and ground floor plan showing the proposed revised location of the pipelines AND easements burdening the site. No portion of the development should encroach over any drainage easements.

 

2.       Calculations and written confirmation from Connell Wagner that the realigned pipeline will not adversely affect the hydraulics of the surrounding drainage system.

 

3.       A written statement from Landcom and the certifying authority for the drainage works (Development Engineering and Management Solutions) confirming that they do not object to the proposed pipe relocation.

 

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:

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered A-L18-1004(1) dated 4 July 2005 and stamped received by Council 25 July 2005, L18-A04-D, L18-A05-C, L18-A06-C, L18-A07-C, L18-A08-B, L18-A09-B, L18-A10-D, L18-A14-B, dated 17 December 2004 and stamped received by Council on 5 January 2005,  SK-C-320 stamped received by Council on 25 July 2005, and A4-01-A and A4-02-A (Revision : B) dated 4 May 2005 and stamped received by Council on 25 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.       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.

 

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

 

4.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

5.       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.

 

6.       The area of cut associated with the partial demolition/cutting back of the existing brick wall in the north-eastern section of the subject site shall be stabilised in accordance with the advice contained in the letter from Bangalay Botanical Surveys dated 6 October 2005 in order to ensure that the existing sand-dune extending through Lots 27 and 31 remains intact and to minimise adverse effects upon the southern extent of the existing Eastern Suburbs Banksia Scrub in this area.

 

7.       The existing brick retaining wall located in the north-eastern section of the subject site and along the southern aspect of the existing Eastern Suburbs Banksia Scrub stand in the adjoining Lot 27 shall be repaired in accordance with the advice contained in the letter from Bangalay Botanical Surveys dated 6 October 2005 in order to minimise adverse effects upon the southern extent of the existing Eastern Suburbs Banksia Scrub in this area.

 

The following condition/s are applied to satisfy the increased demand for public amenities and public services:

 

8.       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                               $35,259.94

b)      for community facilities                   $15,590.36

 

         

          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:

 

9.       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:

 

Further Information

 

10.     The following further information is to be submitted to Director of the Heritage Office to be approved prior to the release of the construction certificate:

a)       A schedule of the proposed external colours and finishes which is to ensure the building respects the significant Pine Avenue setting and nearby heritage buildings.  The palate of external colours and finishes should be contemporary but muted, including light to mid-tone neutral colours, for example, sand and stone colours, soft browns, grey-greens and greys.  Highly reflective metallic materials should be avoided and large areas of glass should be shaded to prevent reflectivity;

b)      As the proposed entry ramps, stairs and porches, porte-cochere and driveway breach the DCP setback to Pine Avenue and will impinge of the open landscape of the Pine Avenue setback, it is preferred that they are deleted or redesigned to reduce their impact and prevent the removal of any significant infrastructure including the sandstone kerbs.  If redesigned, the entry ramps, stairs and porches, porte-cochere are to appear as landscape structures and be more lightweight and transparent to lessen their visual impact on the open landscape setting of the Pine Avenue setback and their retention is to be justified in terms of their benefit to the proposal and the heritage impact. 

c)       Details of the species, eventual height and canopy spread of the proposed trees to be located in the view corridor on the alignment of the Coral Avenue to ensure that an unobstructed clear view is retained at eye level;

d)      An engineer's assessment on the immediate and long-term impact of the proposed underground carpark on the former Matron Dickson Building and a construction methodology to prevent the construction of the proposed underground carpark affecting the former Matron Dickson building; and

e)       Written confirmation that seed stock indigenous to the site and/or locality (the Prince Henry site, being weed affected, may not be able to provide sufficient stock) is to be used to generate the proposed new landscaping.

 

Aboriginal Archaeology

 

11.     Should Aboriginal objects be found, the Department of Environment and Conservation (DEC) is to be informed (as required by the provisions of the NSW National Parks and Wildlife Act 1974).  Subject to an assessment of the extent, integrity and significance of any exposed objects, applications under either Section 87 or Section 90 of the National Parks and Wildlife Act may be required before work could resume.

 

12.     Prior to the commencement of the proposed works, all contractors and relevant personnel involved are to be made aware of the existence of Aboriginal archaeological remains at the Prince Henry site through an induction process, and of the possibility that more as yet undiscovered Aboriginal cultural material may exist there.

 

13.     Site contractors are to be advised of their obligations under the National Parks and Wildlife Act 1974 and notification procedures in the event that any Aboriginal cultural material is disturbed or exposed during site works.

14.     Information is to be included in construction documents so site contractors are advised of their obligations under the National Parks and Wildlife Act 1974 and notification procedures in the event that any Aboriginal cultural material is disturbed or exposed during site works.

 

Historical Archaeology

 

15.     Prior to the commencement of any subsurface disturbance (excavation), all those involved are to be made aware by way 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).

 

16.     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.

 

Landscape

 

17.     The demolition of the brick retaining wall for the north wing of the proposed development shall be minimised. The retaining wall shall be meaningfully integrated and interpreted within the proposed landscape.

 

18.     Disturbance to existing indigenous vegetation and subsurface deposits should be limited by appropriate protection measures and all efforts should be made to define a specific development impact footprint that should be adhered to throughout the course of the site works;

 

Interpretation

 

19.     Site specific interpretation (proposed themes and media), proposed way signage and street furniture at the SLSCU site are to be in accordance with the Prince Henry site Interpretation Strategy dated November 2004 prepared by Musecape and submitted to Randwick City Council to be approved prior to the release of the construction certificate.  The site specific interpretation should present information about the former buildings and uses on the subject site. 

 

Works

 

20.     Significant built and landscape elements, features and fragile materials are to be adequately protected during the works from potential damage.  Protection systems must ensure historic fabric is not damaged or removed.  Significant fabric in the vicinity of the development and wherever construction vehicles are used are to be protected during excavation and construction work.  A methodology describing the protection of significant built and landscape elements during the work is to be prepared in consultation with and to the approval of the nominated heritage consultant.  The methodology is to be included in a Master Program and Site Co-ordination Plan (or Work Plan) and submitted to Randwick Council for approval with the Construction Certificate;

21.     The installation of services shall be carried out in such a manner as to minimise damage to or removal of historic built and landscape fabric and shall not obscure historic features.  Service runs should be grouped and concealed within the new work.  Proposed service reticulation is to minimise any crossings and interface with retained significant fabric; and

 

S60 application

 

22.     An application under section 60 of the NSW Heritage Act is be submitted and approved by the NSW Heritage Council prior to work commencing.

 

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

 

23.     The applicant shall:

 

a.       Remove any redundant sections of concrete vehicular crossing and layback and reinstate the area with concrete footpath, turf and integral kerb and gutter; and

 

b.       Construct a heavy-duty concrete vehicular crossing and layback at the kerb opposite the proposed vehicular entrance to the site in Pavilion Drive (EX1).

 

          All civil works are to be in accordance with Australian Standard specifications for driveways, and in general accordance with Randwick City Council's ‘Standard Kerb and Gutter and Vehicular Crossing Detail’ (Drawing SD4).

 

24.     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.

 

25.     The internal driveway must be a minimum 6 metres wide (clear width) for the first 6 metres inside the property boundary, in accordance with AS 2890.1 (2004). 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.

 

Alignment Level Conditions

 

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

 

26.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall match the back of the approved footpath levels along the site frontage in both Pine Avenue and Pavilion Drive (EX1).

 

          Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

27.     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.

 

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

 

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

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     The applicant shall liaise directly with Sydney Water regarding the proposal to realign the sewer line to facilitate the proposed basement construction. The applicant shall comply will any requirements from Sydney Water regarding the proposed sewer relocation.

 

33.     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.

 

34.     A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

          Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the website www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92 for assistance.

 

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

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

 

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

 

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

 

35.     Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage (for Lot 31) shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

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

 

b)      A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into the underground drainage system in Pine Avenue. 

 

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

 

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

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

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

 

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

 

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

36.     All stormwater run-off naturally draining to Lot 31 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.

 

37.     All stormwater leaving Lot 31 must be discharged to the new storage pond (located adjacent to Fairway 7 within the Coast golf course), via the street drainage system in Pine Avenue. The stormwater shall be discharged directly to the underground drainage system in accordance with the Prince Henry drainage strategy prepared by Connell Wagner.

 

38.     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.

 

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

 

40.     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.

 

41.     A sediment/silt arrester pit must be provided:-

 

a.       within the site at or near the street boundary prior to the site stormwater discharging by gravity to the street drainage system; and

 

b.       prior to stormwater discharging into any absorption/infiltration system.

 

          The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

 

·        The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

·        The pit constructed from cast in-situ concrete, precast concrete or double brick.

·        A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·        A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

·        The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

·        A child proof and corrosion resistant fastening system provided for the access grate.

·        A sign adjacent to the pit stating:

 

          “This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

          Note:         Sketch details of a standard sediment/silt arrester pit may be obtained from Council’s Drainage Engineer.

 

42.     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.

 

43.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a.       Finished site contours at 0.2 metre intervals (over Lot 31);

b.       The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

c.       Details of any infiltration/absorption systems; and

d.       Details of any pumping systems installed (including wet well volumes).

 

44.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

45.     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)       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:

 

46.     Wastes shall be managed in general accordance with the Waste Report by Elephant’s Foot compactors received 1 August 2005.

 

47.     The garbage room shall be sized to contain the compactor (with safe working area) plus an additional 19 x 240 litre bins with adequate provision for access to the bins. The compactor system shall be managed by a caretaker and the compactor is to be located in an area that is not readily accessible by residents.

 

48.     A minimum of 2 of the 19 x 240 litre garbage bins shall be provided outside of the compactor area to facilitate disposal of non-recyclable residential garbage which cannot fit into the garbage chute system.

 

49.     The garbage chute rooms shall be sized to contain 2 x 240 litre bins.

 

50.     The residential recycling room shall be sized to contain a total of 35 X 240 litre recycling bins with adequate provision for access to all bins.

 

51.     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.

 

52.     The waste storage areas shall be clearly signposted.

 

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

53.     The applicant shall submit for approval and have approved by Council a formal subdivision application to allocate the northern wing of the carpark to Lot 27.

 

54.     The applicant shall create suitable rights of way, rights of carriageway, easements for services and internal stormwater lines, as required.

 

Note: This shall include:

§  Creating of a right of carriageway over the driveway from Pavilion Drive (EX1) over Lot 31 to the entrance of the Matron Dixon carpark.

§  Relocating the existing 3 metre wide drainage easement in accordance with the revised pipe location approved in the deferred commencement condition.

 

55.     The basement carpark shall be constructed prior to endorsement of the subdivision plans.

 

56.     The applicant shall provide Council with a survey plan of the property (including appropriate sections through the basement carpark) prior to endorsement of the subdivision plans.

 

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

 

57.     The landscaped areas shown on the Landscape Masterplan, drawn by MK of EDAW Gillespies, drawing number LA050 (issue C) dated 16/12/2004 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 issuing of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan (for Lot 31) at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site,.

 

          The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees and areas of bushland to be retained (on Lot 31). 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.

 

Notes:

·       The Betula pendula (Silver Birch) shall be deleted from the indicative plant schedule, and shall be replaced with a more appropriate species that is in keeping with the coastal location and planting schedule.

 

·       The Melaleuca quinquinervia (Broad Leafed Paperbark) shall be restricted to areas not adjacent to infrastructure such as retaining walls, paths and stormwater systems, given the invasive and aggressive root system.

 

·       The planting plan and schedule shall not contain any invasive species or those which may threaten the areas of Eastern Suburbs Banksia Scrub (ESBS).

 

·       The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species which require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

c.       An amended planting schedule listing all plants by botanic & common names, plant numbers and proposed staking methods when applicable.

 

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

 

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

 

f.        Sectional elevations through Lot 31 showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

Note:

1.      All 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.

 

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

 

58.     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.

 

59.     To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all planted areas. Such system shall provide full coverage to all the planted areas with no overspray onto hard surfaces.

 

          Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications, and shall comply with all Sydney Water requirements.

 

60.     The naturestrip upon the footway (adjacent to Lot 31) shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

61.     The naturestrip around the development 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.

 

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

 

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

 

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

 

Tree Management

 

64.     The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the driplines of the subject trees.

 

65.     The applicant will be required to provide an Arborists Report, prepared by a suitably qualified and professional Arborist who is a registered member of a nationally recognized association, detailing the current health, condition and life expectancy of the Araucaria heterophylla (Norfolk Island Pine) immediately to south of the existing water tower. The report shall detail the causes for dieback to its apex and any appropriate measures to manage its ongoing health now and into the future. This report shall be submitted for the approval of the certifying authority prior to the issue of a construction certificate.

 

66.     The applicant shall implement any measures recommended in the Arborists Report to manage the health of the Norfolk Island Pine tree.

 

67.     Permission is granted for the selective pruning of those damaged and overhanging branches from the southeastern quarter of the Ficus macrophylla (Moreton Bay Fig) located on the adjoining property to the northwest (Lot 26). This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary. However, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

68.     A refundable deposit in the form of cash, cheque or bank guarantee for the amount of $10,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

Advisory Matters

 

69.     In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Landscape Technician to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

70.     The applicant shall present the receipt to Council’s Landscape Technician to organise for a further inspection to be undertaken.

 

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:

 

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

 

          In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

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

 

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:

 

73.-- 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.

 

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

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

 

75.-- 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.

 

76.-- 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.

 

77.-- 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.

 

78.-- 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.

 

79.-- 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.

 

80.-- 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”.

 

81.-- 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.

 

82.-- 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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

84.-- 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.

 

85.-- 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:

 

86.-- Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

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

 

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

 

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

 

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

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

 

89.-- 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 the Matron Dixon building

 

          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.

 

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

 

91.-- 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:

 

92.-- 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.

 

93.-- 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.

 

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

 

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

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

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

 

95.-- 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.

 

96.-- 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.

 

97.-- 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.

 

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

 

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

 

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

 

99.     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.

 

100.   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.

 

101.   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.

 

102.   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.

 

103.   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.

 

104.   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.

 

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

 

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

 

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

 

106.   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.

 

107.   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.

 

108.   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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to provide reasonable levels of access for people with disabilities and visitors to the premises:

 

110.   Access, facilities and car parking for people with disabilities must be provided in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 and Council’s development control plan for multi-unit housing.  Details of the proposed access, facilities and car parking for people with disabilities are to be submitted to and approved by Council’s Director of Planning & Community Development in accordance with Section 80 A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

111.   An intercom system connected to all sole occupancy units should be accessible from the vehicular access driveway to enable visitors ready access to the available visitors carspaces

 

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

 

112.   The land must be remediated in accordance with Council’s Development Consent 1188/02 (as amended). If not already furnished to Council, copies of the relevant Clearance Instructions or Site Audit Statements for the relevant land must be provided to the Council prior to any infrastructure works commencing.

 

113.   No infrastructure or construction works are permitted to be undertaken unless the subject land has been remediated in accordance with consent 1188/02 (as amended) and all contamination and cross contamination issues have been addressed and the land is the subject of either a Site Audit Statement or a Clearance Instruction.

 

114.   The applicant is to engage the services of a suitably qualified environmental consultant to respond to enquiries and complaints made by the Community or Council in relation to contamination, remediation and construction site management matters.

 

          A specific contact number is to be made available for such enquiries and complaints (including an after hours emergency contact number) and a complaints register is to be maintained to record all such enquiries, complaints and actions taken in response to same, which is to be made available to Council officers upon request.

 

115.   The works shall not give rise to environmental pollution or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health and Safety Act 2000 and Regulations there under.

 

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

 

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:

 

117.   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).

 

118.   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.

 

119.   The internal acoustic amenity criteria for the proposed Aged Care facility is to be provided as detailed in AS 2107 and the Noise Impact Assessment (report 2004778/2311A/R1/GP) titled “Prince Henry Lot 9, 18 and 58 Aged Care Development” dated 21 December 2004, which was submitted with this development application.

 

120.   A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development, which demonstrates that noise and vibration emissions from the development will comply with the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and relevant conditions of approval.

 

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

 

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

 

122.   The location and height of the discharge of any mechanical ventilation and exhaust systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be provided in the relevant plans / specifications for the construction certificate.

123.   There are to be no emissions or discharges from the premises which give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

124.   Warm water systems and/or Cooling Towers must be designed, installed and maintained in accordance with the requirement of the Public Health Act 1991 (Part 4 Microbial Control) and Regulations.  The air handling system cooling tower must be designed, installed and operated in accordance with the relevant requirements of AS/NZS 3666.1 (2002), AS/NZS 3666.2 (2002) and AS/NZS 3666.3 (2000).

 

          Details of compliance must be provided with the construction certificate application.

 

          Waste water from cooling tower warm water systems are to be discharged to the sewer under a Trade Waste Agreement from Sydney Water.

 

The following conditions have been applied to ensure compliance with Local Government Legislation and Policies of Council:

 

125.   Legionella control – cooling towers, warm water systems and water cooling systems must be registered with the Council prior to occupation and on an annual basis and the systems are to be maintained and certified in accordance with the provisions of the Public Health Act, 1991.

 

          The premise is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.

 

126.   Hairdressers, Beauty salons must comply with the Local Government (Orders) Regulations 1999 and the Public Health Act & Regulations 1991, and the premises is to be registered with Council prior to occupation and on an annual basis and the approved registration/inspection fee is to be forwarded to the Council prior to occupation.

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

 

127.   The premises is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004 and Food Standards Code and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

128.   Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

          Food handling – skills, knowledge and controls.

          Health and hygiene requirements.

          Requirements for food handlers and businesses.

          Cleaning, sanitising and maintenance.

          Design and construction of food premises, fixtures, fitting and equipment.

          A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

129.   The food premises/commercial kitchen must be registered with Council's Environmental Health section and the NSW Food Authority must also be notified of the food business in accordance with the Food Safety Standards, prior to commencement of food business operations.

 

130.   Upon completion of the work and prior to the issuing of an occupation certificate, the premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

 

131.   The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

132.   The design and construction of food premises must comply with the following requirements, as applicable:-

 

·        The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

 

·        The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

·        Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

 

·        The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops or other facilities and equipment.

 

·        Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

·        The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

 

·        All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc…. to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

·        Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

·        Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings.  An electronic insect control device must also be provided within the food premises.

 

·        Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

 

·        A mechanical ventilation exhaust system hood is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, in accordance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

·        Wash hand basins must be provided in convenient positions, with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

 

·        Ceramic tiles being provided to a height of 450mm above bench tops, wash hand basins and similar fittings.

 

·        A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

 

·        All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5C and keep this food cold at or below that temperature.

 

133.   Details of proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of relevant documentation is to be provided to Council.

 

134.   Liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to the commencement of works

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1            -   Structural provisions

b)      Part C1            -   Fire resistance and stability

c)       Clause D1.7     -   Travel via fire-isolated exits

d)      Clause D.2            Number of exits required from the Matron                                 Dixon carpark

e)       Part D3            -   Access for people with disabilities

f)       Clause D3.5     -   Car parking for people with disabilities

g)       Part E1            -   Fire fighting equipment

h)       Part E2            -   Smoke Hazard Management

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

j)       Part F1            -   Damp and weatherproofing

k)      Part F2            -   Sanitary and other facilities

l)        Part F4            -   Light and ventilation

m)      Part F5            -   Sound Transmission and Insulation

 

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

 

          You are 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.

 

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

 

ATTACHMENT/S:

 

1.   A4 attachments

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNER 

 

 

 

 


 

Director, City Planning Report 84/2005

 

 

 

SUBJECT:

57 Partanna Avenue, Matraville

 

 

DATE:

9 November, 2005

FILE NO:

D0111/2005

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is Development Application Report No DA/0111/2005 for Section 82A Application to review Condition No. 4 of the consent by increasing the width of the front carport from 3.5m to 4.65m.

 

 

RECOMMENDATION:

 

That Council consider and determine the S82A Review Application in accordance with the recommendation contained in the attached report.

 

 

ATTACHMENT/S:

 

Development Application Report dated 26 October 2005 .

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

26 October, 2005

FILE NO:

D0111/2005

 

PROPOSAL:

 Section 82A application to review condition No.4 of the consent by increasing the width of the front carport from 3.5m to 4.65m.

PROPERTY:

 57 Partanna Avenue, Matraville

WARD:

 South Ward

APPLICANT:

 Austbind Pty Ltd

OWNER:

Mr G S Hatcher and Mrs S A Hatcher

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to Council for determination at the request of Councillors Bruce Notley-Smith, Robert Belleli and Ted Seng.

 

The original Development Application (DA) for the erection of a new front carport having dimensions of 4.65m x 6m and an awning to the rear of the dwelling was approved on 24 March 2005 subject to 27 conditions. Condition No. 4 of the consent requires the front carport to have a maximum width of 3.5m to reduce the dominance of the carport and to maintain consistency with the streetscape.

 

A Section 96(2) application to delete Condition No. 4 and maintain the originally proposed width of the carport at 4.65m was refused under delegated authority on 28 July 2005 for the following reason:

 

The proposed increased width of the carport to 4.65m will not satisfy the objectives and performance requirements of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies in that a carport of this width, sited to the front of the dwelling, 100mm from the front boundary will detract from the appearance of the dwelling and the streetscape and will set a poor precedent for residential development.

 

The subject application constitutes a request under Section 82A of the Environmental Planning and Assessment Act, 1979, as amended, to review the decision by Council to reduce the width of the carport from 4.65m to 3.5m.

 

The subject site is located in a Residential 2A zone and forms half of a pair of asymmetrical single storey semi-detached dwellings with an existing driveway approximately 3m in width.  Currently adjoining Nos. 57 and 59 Partanna Avenue to the east and west are semi-detached dwellings. The surrounding area is residential in character and consists predominantly of one and two storey free standing and semi-detached dwelling houses. The neighbouring property immediately to the west at No. 55 Partanna Avenue has had a similar front carport approved in 2002 although the structure only accommodates one vehicle. A single carport located in front of the building line was approved in 2004 at No. 53 Partanna Avenue.

 

The proposed carport fails to satisfy the objectives, performance requirements and preferred solutions of Part 4.7 Garages, Carports and Driveways of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies in that the carport will occupied 70% of the width of the site which will result in a visually obtrusive structure in the streetscape and will detract from the appearance of the pair of semi-detached dwellings and the local streetscape and will set a poor precedent.

 

It is recommended that Council’s original decision to impose condition No. 4 on Development Consent No. 111/2005 be confirmed.

 

 

 

 

 

2.       HISTORY OF THE DEVELOPMENT APPLICATION

 

Development Application No. 111/2005 seeking approval to erect a new front carport and an awning to the rear of the dwelling was approved on 24 March 2005 subject to 27 conditions. Condition No. 4 of the consent states:

 

4.     The front carport is to have a maximum width of 3.5m. This is to reduce the dominance of the carport and to maintain consistency with the streetscape.

 

A Section 96(2) application to delete the above condition and maintain the originally proposed width of the carport at 4.65m was refused on 28 July 2005 for the following reason: