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

 

1 November, 2005

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 8TH NOVEMBER 2005 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTTEE MEETING HELD ON TUESDAY, 11 TH OCTOBER, 2005.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Development Applications

 

5.1                        

DEVELOPMENT APPLICATION REPORT - 214 GARDENERS ROAD, KINGSFORD.

2

 

5.2                        

DEVELOPMENT APPLICATION REPORT - 8 SMITHFIELD AVENUE, COOGEE.

14

 

5.3                        

DEVELOPMENT APPLICATION REPORT - 665-667 ANZAC PARADE, MAROUBRA.

59

 

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 6 GREVILLE STREET, CLOVELLY.

130

 


 

5.5                        

 DEVELOPMENT APPLICATION REPORT - 152-156 BARKER STREET, RANDWICK.

147

5.6                        

DEVELOPMENT APPLICATION REPORT - 126 MARINE PARADE, MAROUBRA.

225

5.7                        

DEVELOPMENT APPLICATION REPORT - 110-122 AVOCA STREET, RANDWICK.

247

 

5.8                        

DEVELOPMENT APPLICATION REPORT - 1 COWPER STREET & 39 KING STREET, RANDWICK.

327

 

5.9                        

DIRECTOR, CITY PLANNING REPORT 82/2005 - AMENDED PLANS AND MEDIATION OUTCOME FOR DEVELOPMENT APPLICATION 68/2005 AT 47-53 DUDLEY STREET, COOGEE.

401

5.10

DEVELOPMENT APPLICATION REPORT – 1250 ANZAC PARADE, MALABAR.

446

 

 

6           Miscellaneous

 

6.1                        

GENERAL MANAGER'S REPORT 53/2005 - THE DRAFT RANDWICK CITY PLAN.

474

 

6.2                        

DIRECTOR, CITY PLANNING REPORT 80/2005 -   UNDERGROUNDING OF CABLES.

482

6.3

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES REPORT 44/2005 - FINANCIAL REPORTS. 

485

4

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

 

………………………..

GENERAL MANAGER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

17 October, 2005

FILE NO:

DA327/2004

 

PROPOSAL:

 S82A Review of the decision to refuse development consent to the application seeking to include mechanical repair area to the existing auto electrician workshop

PROPERTY:

 214 Gardeners Road, Kingsford

WARD:

 West Ward

APPLICANT:

 A Issa

OWNER:

 Hi-Spark Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

This Section 82A review was lodged on 29 July 2005 as a result of the original development application DA/327/2004 being refused by Council's Health, Building and Planning Committee on 9 November 2004. This application has not made any changes to the original development application. The original application sought Council approval to alter the use of the site at 214 Gardeners Road to include the mechanical repair of motor vehicles. The proposed use is prohibited within the 2A Residential zone however existing use rights apply to the site.

 

The proposal will also require an increase in staff. An additional full time motor vehicle mechanic and a casual office staff to coordinate phone calls general administration activities.

 

The proposed development does not seek to alter the external appearance of the existing shop or add to the floor space of the work area. The proposed development will continue to utilise 11 car parking spaces on site.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

It is proposed to alter the existing use of the site as an autoelectrician to include mechanical repairs. The proposed use will involve such repair works as electronic suspension, electronic steering and electronic gearboxes. The proposal does not seek to alter the existing structural externally, increase floor area or increase the provision for on-site car parking. 

 

The line differentiating autoelectrical and motor vehicle mechanical repair is increasingly being blurred as modern motor vehicles have greater amounts of electrical components.

 

The proposed development will operate within the hours of 7:30am to 6:00pm between Monday to Friday and the hours of 8:00am to 2:00pm on Saturday. The business will be permitted to operate until 5:00pm on Saturdays only to sell parts.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the north eastern corner of Gardeners Road and Tunstall Avenue. The site has a frontage width of 12.13m, side boundary of 23.45m and has an area of 594.4 sqm. A single storey structure originally utilised as a petrol station exists on site which is currently used as an autoelectrician business. The autoelectrician business has been in operation since Council's approval in 22 September 1970. Gardeners Road experiences a large volume of traffic whereas Tunstall Avenue features relatively less traffic and is smaller residential scale roadway.

 

The surrounding area immediately north of the site is predominately residential, whereas the area to the south is a mix of residential and some retail businesses. Opposite Tunstall Avenue to the directly west of the site is The Australian Golf Course and to the south west is Southern Cross Drive.

 

4.       SITE HISTORY

 

4.1     Application History

 

DA/114/1970

Use existing service station for sale of automotive parts & accessories & auto elec Parts

Approved

2 June 1970

DA/34/1998

DA/34/1998, Extend use of existing auto electrical premises to include mechanical repairs

Refused

17 March 1998

 

 

DA/34/1998 was lodged with Council on 22 January 1998 and sought Council approval to extend the use of the existing auto electrical premises to include mechanical repairs. The application was referred to the Health, Building and Planning Committee (HBPC) for determination at the request of 3 Councillors. The recommendation for approval by the assessment officer was overturned by the Committee members and a refusal was issued on 17 March 1998.

 

A new application, DA/327/2004 was lodged with Council on 11 May 2004 seeking to include mechanical repair area to the existing autoelectrician workshop. The application was recommended for approval by the assessing officer. The application was referred to the HBPC and was refused on 9 November 2004 (Minute No. H85) for the following reasons:

 

1.       The proposed development will have an adverse effect on the amenity of the neighbourhood, and

 

2.       The proposed development will have an adverse impact on the traffic movements in the locality.

 

This Section 82A application was lodged with Council on 29 July 2005. The applicant did not alter any details from the original development application.

 

5.       COMMUNITY CONSULTATION

 

The proposal has been notified in accordance with the Development Control Plan – Public Notification. The following submissions were received:

 

5.1     Objections

 

Mr Peter and Ms Catherine Shiner – 95 Tunstall Ave

 

·        Possible increase traffic congestion and compromised safety for pedestrians and cyclists,

·        The proposed “industrial workshop” out of character in residential area and,

·        Increased noise and pollution from the operation of the mechanical repair.

 

Peter and Catherine Shiner provided an objection to the original development application on 24 May 2004 which covered the similar points of this objection.

 

 

Mr Mark Noon – 99 Tunstall Ave

 

·        Believe “industrial use” is prohibited in the zone,

·        Proposed use will increase air pollution,

·        Safety issue regarding flammable materials on site,

·        Use will add to traffic congestion,

·        Proposal will intensify the activity on site.

 

Mr A and Mrs V B Mourtzouhos – 101 Tunstall Avenue (with 37 additional petition signatures)

 

·        Believe proposed and existing use is prohibited within the zone,

·        There will be an increase in noise and air pollution,

·        Area cannot support an increase in business, proposed use will increase traffic and congestion in Tunstall Ave,

·        Cars park on footpath on Tunstall Ave and increase in cars on site,

·        There will be an increase in tow truck activity,

·        The proposal will decrease residential property values along Tunstall Avenue.

 

Mr A and Mrs V B Mourtzouhos provided an objection to the original development application on 13 July 2004 which covered the similar points of this objection.

 

Comments

 

·        The proposed use will not increase the floor area of the existing shop or increase the capability of the existing shop to service a greater number of cars. It is likely that traffic to and from the site will remain consistent with the existing levels,

·        Applicant has existing use rights on site and proposal does not significantly intensify activity on site or increase the floor area,

·        A majority of the tools and machinery required for the business to operate as a motor vehicle shop are already installed and the remaining items are not considered to be significant noise generating machines,

·        On site pollution management requirements will not be significantly altered from the existing use and the pollution disposal and recycling will remain consistent for the site,

·        An increase in the number of tow trucks to the site is unlikely as tow truck activity more associated with smash repairers and body panel fixers than general motor vehicle repairers.

·        The claims of possible reductions in property values as a result of this development being approved are unsubstantiated. No independent documentation has been supplied to support such claims.

 

5.2     Support

 

The application includes a petition of support for the original development application DA/327/2004. The petition is dated 15 October 2004 and includes signatures of residents from Tunstall Avenue and Gardeners Road, Kingsford. There are a number of other signatures from people not residing within the vicinity of the subject site.

 

An additional statement of support dated 8 November 2004 has also been provided from Peter G McNally JP, the NSW Automotive Aftermarket Service Manager for Robert Bosch (Australia) Pty Ltd, wherein it is stated that Speedy Auto Electrics has “continually surpassed our high standard in all areas of competency and customer satisfaction”.

 

6.       TECHNICAL OFFICERS COMMENTS

 

The Manager of Environmental Health Services provided comments for the original development application and the appropriate conditions were supplied at that time. As the applicant has not altered this application, the original conditions will be included with any consent granted. 

 

7.       MASTER PLANNING REQUIREMENTS

 

The subject site has an area of less than 4000 square meters and does not require a master plan under the provisions of Clause 40A of the Randwick Local Environmental Plan.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-        Randwick Local Environmental Plan 1998

-        Environmental Planning and Assessment Act 1979 as amended

-        Development Control Plan – Planning

-        Building Code of Australia

 

(a)     Randwick Local Environmental Plan 1998

 

The site is zoned 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 and the proposed use as an automotive use and is prohibited, however the property is subject to existing use rights as per Part 4, Division 10 of the Environmental Planning and Assessment Act 1979 and is permissible with Council’s consent.

         

(b)     Environmental Planning and Assessment Act 1979 - Statutory requirements under Section 82A:

 

Section 82A of the Environmental Planning and Assessment Act 1979, as amended, enables an applicant to request a Review of a Determination of a Development Application or condition/s of Development Consent.  Council may accept amendments to the original development proposal if the proposed amendments result in substantially the same development as that originally described in the development application. Council may review the Determination, and as a consequence of the review, may confirm or change the Determination.

 

 

 

 

 

9.       Policy Controls

a.       Development Control Plan - Parking

 

The proposed use will not increase the floor area of the existing building or add additional work bays to the site and as such, no additional parking is required.

 

The existing site contains 11 designated car parking spaces and whilst there may be some increase in traffic to the site, it is unlikely to be significant or warrant the provision of additional car parking spaces. There is currently a surplus of car parking spaces during a majority of the operating hours of the business and it is considered that the existing car parking spaces will be adequate to meet any increase in traffic to the site.

 

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   Intensification/Use of site

 

The development application does not propose to increase the floor area of the existing structure. The existing generates some level of noise, air pollution and traffic that has some impact the adjacent residential area, however the proposed use will not significantly increase these impacts.

 

The only change to the site will involve the additional services provided by the existing business to undertake mechanical repairs to motor vehicles. Any increase in activity on the site will be firstly limited by the number of car repair bays, which will not be increased and secondly, the capacity of the site to provide on site car parking to customers. Furthermore, increased activity will be limited as only one additional automotive mechanic will be employed to undertake motor vehicle repairs.

 

In this regard, it is considered that use of the site will not have a significant impact to the surrounding residential area.

 

The proposed business may generate an increase noise from the additional use of the site. The existing structure is located within 1 metre of the adjacent residential dwelling to the north and is surrounding by residential development to the north and north east. While noise volume may increase it is unlikely to be significantly louder than what the site currently generates or to occur at a frequency detrimental to the neighbourhood. The main repair works will occur within a structure that is of double brick construction and significantly enclosed.

 

The proposed hours of operation are 8.00am to 5:30pm, Monday to Friday and 8.00am to 2.00pm Saturday. These hours are consistent with the approved hours of operation under consent DA/114/1970 which are 7.30am to 6.00pm Monday to Friday, and 7:30am to 1pm Saturdays. Council varied the hours of operation on 28 January 1971 to allow the sale of spare parts and accessories between 8am and 5pm on Saturdays. A condition has been included to restrict mechanical and electrical repairs between 8am and 2pm on Saturdays, to remain consistent with the original application.

It is noted that after hours operation may occur on an appointment basis. This is unlikely to be a regular activity and any impacts will be minimal.

 

The proposed hours of operation are consistent with the existing operating hours and will not result in a loss of amenity to the neighbourhood.

 

10.2   Traffic Generation and Parking

 

The development does not propose to increase the floor area of the existing development and therefore is not subject to the requirements of DCP – Parking. There are currently 11 on site car parking spaces. The proposed use of the site will not generate any significant amount of traffic due to the number of car parking spaces limiting the number of motor vehicles can be serviced at one time.

 

The proposed use will require the employment of an additional technical staff member, likely a skilled motor vehicle repairer and possibly a casual office assistant. There is sufficient car parking space on site and within close proximity on Tunstall Avenue to cater for the increase in 1 full time and 1 casual staff members.

 

Pedestrian safety is unlikely to be compromised by this development given the location of the site on a highly visible corner with good visibility down Tunstall Avenue and to Gardeners Road. Potential conflict between motor vehicles and pedestrian is considered to be minimal.

 

As per DA/34/1998, concerns regarding tow truck activity will be addressed by the inclusion of a condition requiring tow trucks to enter the site via the intersection of Tunstall Avenue and Gardeners Road. Increase in tow truck activity is unlikely to be significant as the proposed use will be motor vehicle repair and not involve any smash repairs.

 

10.3   Noise and Air Pollution

 

The motor vehicle repair use does not include excessive noise generating machinery such as those found in smash repair and panel beater businesses. The noise from the proposed use will be similar to the existing noise levels from the business.

 

A facsimile received on 14 September 2005 specifies the machinery list required for a mechanical repair business. It is noted that only minor machinery and tools will be added to the site for it to function as a Motor Mechanic under the provisions of the Motor Vehicle Repair Industry Authority. To maintain the amenity of the surrounding residential area, a condition has been included to limit noise levels from the site.

 

Generally the level of noise generated by the proposed use will be of similar levels to what is currently experienced and will not have a significant impact on the surrounding area.

 

 

 

 

 

10.4   Streetscape and visual impact

 

There will be no alterations to the existing structure and the building does not have a significant visual presence on the Tunstall Avenue streetscape. The visual impact to the streetscape will not be altered by this development application.

 

11.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12.     CONCLUSION

 

The proposal to include mechanical repairs to the existing use of the site is suitable subject to the conditions limiting the operating hours, noise levels and motor vehicle access to and from the site. The proposed development will not alter the existing structure or have any impact to the existing streetscape. The proposed use will have minimal noise impacts to the surrounding residential dwellings and will not have a detrimental impact on the neighbourhood. The application is recommended for approval.

 

RECOMMENDATION:

 

A.      That Council’s original determination of Development Application No. 327/2004 dated 9 November 2004 to include mechanical repair area to the existing auto electrician workshop for 214 Gardeners Road, KINGSFORD  NSW  2032 be rescinded.

 

B.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/327/2004 for permission to include mechanical repair area to the existing auto electrician workshop at 214 Gardeners Road, KINGSFORD, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the survey plans numbered Ref No. 8165 Sheet 1 and Ref No. 8165 Sheet 2, dated 24 May 2001 and received by Council on 5 May 2004 and 21 June 2004 respectively, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

The following conditions are applied to maintain reasonable levels of environmental amenity.

 

2.       The hours of the operation of the workshops are restricted to:-

          Monday through to Friday, inclusive from: 7:30am to 6:00pm. Saturdays, from: 8:00am to 2:00pm.

 

3.       The hours of operation of the spare parts and accessories shop shall be limited to 7:30am to 6:00pm Monday to Friday and 8:00am to 5:00pm Saturday and Sunday.

 

4.       The consent of Council must be obtained prior to the erection of any advertising unless exempted under Council’s Development Control Plan - Exempt and Complying Development.

 

5.       No vehicles under or awaiting repair or other services are to be located upon Council’s roadway, footways, or reserves at any time.

 

6.       Any vehicles required to be kept overnight on the premises must be stored wholly within the workshops of the premises.

 

7.       Hoists are not permitted to be installed under the outside awning.

 

8.       All tow trucks and vehicles over two tonnes shall enter and exit the site via the intersection of Tunstall Avenue and Gardeners Road.

 

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

 

9.       The premises shall provide parking for 11 vehicles in the manner indicated on the approved plans. The spaces are to be permanently marked by line work to define each space.

 

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

 

10.     The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

11.     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).

 

12.     There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

13.     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.

 

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

………………………………

…………………………………….…

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

18 October, 2005

FILE NO:

DA/458/2005

 

PROPOSAL:

 Ground and first floor additions to the existing semi-detached cottage including new rear deck, inground pool, new garage and front carport

PROPERTY:

 8 Smithfield Avenue, Coogee

WARD:

 East Ward

APPLICANT:

 Mr J Spiteri

OWNER:

 Ms M A Bacon

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Bradley Hughes, Murray Matson, and Margaret Woodsmith. The estimated cost of the works is $250,000.

 

The application proposes to make minor alterations to the ground floor level of the existing semi-detached dwelling including extension of living areas and new deck to the rear of the property. A new garage, carport to the street alignment and in ground swimming pool are also proposed at ground level. A new first floor addition comprised of bedrooms and living areas is also proposed.

 

The site is formed by an unusual subdivision pattern and street layout in this part of Coogee such that the southern boundary of the site adjoins the rear boundary of six properties. The orientation and context of the site increase the number of properties potentially affected by the development. The proposal has achieved a high degree of compliance with Council’s preferred solutions under the Dwelling Houses and Attached Dual Occupancies DCP which has minimised the impacts to neighbours.

 

As a result of initial notification, 4 submissions were received. These raised issues including overshadowing, privacy, streetscape, visual bulk and scale and stormwater and flooding concerns. Council’s Development Engineer investigated the stormwater concerns and requested that the applicant provide further information in relation to flows across the site. The applicant’s provided amended plans which raised the height of the new ground floor areas, swimming pool and deck above a conservative flood level and moved the swimming pool and associated structures to the northern boundary to minimise the impact on existing stormwater flows.

 

These plans were renotified resulting in 1 submission. These plans are considered to have addressed the majority of issues raised by objectors. Outstanding issues relating to visual privacy and garaging can be satisfactorily resolved via conditions of consent.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

It is proposed to construct alterations and first floor addition to the existing single storey semi-detached dwelling on the site. The improvements include an inground swimming pool to the rear yard and a garage to the southern side of the existing dwelling at the front of the site (but behind the building line). The application also proposes a carport within the established front setback of the property. Decking and landscaping works are also proposed to the rear yard.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of the portion of Smithfield Avenue that runs north south in Coogee. The site is presently occupied by a single storey semi-detached dwelling.  The site has a frontage (western boundary) of 7.45m, a rear (eastern) boundary of 7.34m and side boundaries to the north and south of 58.515 metres. The site has an area of 437.2m².  Neighbouring the property to the north is 6 Smithfield Avenue, the single storey dwelling that forms the other half of the pair with 8 Smithfield. To the south are the rear boundaries of six properties which front the east-west portion of Smithfield Avenue (10-20 Smithfield Avenue) containing 1-2 storey freestanding dwellings. To the rear of the site are 80 and 82 Brook Street 2 storey freestanding dwellings. Across Smithfield Avenue to the west is Bardon Park. The surrounding area is residential in character and consists predominantly of small scale residential buildings and open space uses. Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site and surrounding area

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

There are no recent approvals on the site. The applicant attended a prelodgement meeting on 19 May 2005. No major issues were raised in relation to the proposal at the prelodgement meeting.

 

The development application was lodged on 9 June 2005 in an identical form to the prelodgement application. In response to concerns raised by neighbours with regard to flood conditions on the site, Council met with the applicant on 26 July to advise of concerns with regard to flooding and design issues. As a result of the discussions the applicant was requested to delete the carport at the front of the site and provide a flood study. The applicant accepted a conservative calculation of the flood levels on the site in preference to completing a full flood study and submitted amended plans to address the flooding issue on 7 September 2005. These plans are the subject of this assessment.

 

5.       COMMUNITY CONSULTATION:

 

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

 

5.1     Objections

 

1.       T. Hugh, 349 Arden Street, Coogee (owner of 18 Smithfield Avenue)

 

 

Issue

Comment

Overshadowing in afternoon

Proposal meets preferred solution under the DCP to this property. See discussion below.

Loss of privacy – overlooking from pool and windows, noise from pool pumps

Appropriate conditions applied to ensure privacy impacts are minimised. See discussion on privacy below.

Drainage and sewerage – excavation for pool and location of pool could impact on existing problems.

Pool has been relocated with amended plans. Requirements of other authorities (Sydney Water) will have to be met during construction ensuring damage to sewer does not occur. Drainage has been considered by the Development Engineer and appropriate conditions recommended (see Conditions 55-62).

2.      M D and R F Rainbird, 12 Smithfield Avenue, Coogee

Issue

Comment

Plans are incomplete – Do not show location of pools or houses, equinox shadows not shown

The DCP only requires assessment of shadows on the winter solstice (21 June) to rear yards and northern elevations of adjoining properties as this is the time of year when shadow impacts are at their worst. Equinox shadows would have a lesser impact.

Garage on boundary not discussed in SEE and is unacceptable

Applicant’s statements and description of the proposal have not been relied upon in the assessment of the application.

Structural integrity from excavation due to garage on the boundary.

The garage is to be constructed on ground and extensive excavation will not be required for its construction.

Length of second storey is 15m will exacerbate overshadowing

Overshadowing has been discussed below and the proposal generally provides solar access to all adjoining properties in accordance with the DCP.

Streetscape impacts of unsympathetic addition to a semi

Streetscape character of Smithfield Avenue will be maintained by the development, see discussion under Height, Form and Materials, below.

Overlooking from first floor windows, very large windows and fact they are opaque offers little comfort.

Appropriate conditions applied to ensure privacy impacts are minimised. See discussion on privacy below.

Garage is visually intrusive

Garage wall is 2.7m high. Approximately 900mm of the wall will be visible above the existing boundary fencing of adjoining property to the south (12 Smithfield Avenue). Visual bulk and scale impacts of this structure are considered minimal, flat roof has been employed to minimise the visibility of the garage.

Removal of only mature tree in rear yard

Tree removal has been considered by Council’s Landscape Technician and has been assessed as appropriate, subject to replacement planting.

Drainage and damage to pool due to flooding

Flooding and drainage has been considered by the Development Engineer and appropriate conditions recommended (see Conditions 55-62).

3.      M and D J Fitzjames, 20 Smithfield Avenue, Coogee

Issue

Comment

Location of pool pump – acoustic impacts

Conditions of consent applied to ensure reasonable acoustic amenity. Pool equipment has been moved from original location in amended plans.

Location of water feature – acoustic impact, water wastage

The water feature has been deleted in the amended plans.

Removal of significant Avocado tree due to construction of the pool, removal of tree will contribute to flooding problems

Tree removal, flooding and drainage have been considered by the Development Engineer and has been assessed as appropriate, subject to conditions of consent.

Excavation for pool – too close to boundary.

Pool has been moved to northern boundary of site as a result of flooding assessment.

Existing flooding impacts will be exacerbated by pool location.

Pool has been moved to northern boundary of site as a result of flooding assessment.

Water shortage, pools should not be allowed to be filled from mains water.

Council does not currently have a policy prohibiting filling of swimming pools. Sydney Water requirements will have to be met by the development.

Overshadowing and privacy impacts to many residences, setbacks not observed.

Overshadowing has been discussed below and the proposal generally provides solar access to all adjoining properties in accordance with the DCP.

Streetscape impacts of unsympathetic addition to a semi

Streetscape character of Smithfield Avenue will be maintained by the development, see discussion under Height, Form and Materials, below.

Overlooking from first floor windows, very large windows and fact they are opaque offers little comfort.

Appropriate conditions applied to ensure privacy impacts are minimised. See discussion on privacy below.

4.      T. Gallagher & T. Pitt, 10 Smithfield Avenue, Coogee

Issue

Comment

Overlooking from first floor windows, operability of windows will reduce effectiveness of privacy measures such as opaque glazing

Appropriate conditions applied to ensure privacy impacts are minimised. Windows to the southern elevation will not be operable below 1.7m above finished floor level. See discussion on privacy below.

Excessive overshadowing

Overshadowing has been discussed below and the proposal generally maintains solar access to all adjoining properties in accordance with the DCP.

Excessive height, 9.2m above land levels of adjoining properties

The proposal complies with the external wall height control of 7 metres and the use of a pitched roof is consistent with the existing streetscape character of Smithfield Avenue. Height is satisfactory.

 

The amended plans received on 7 September 2005 were re-notified to neighbours for 14 days. The following submissions were received in response to this notification:

 

1.      M D and R F Rainbird, 12 Smithfield Avenue, Coogee

Issue

Comment

Previous objections have not been addressed

See comment on previous objections above

Overall height has increased by 200mm, exacerbates previous concerns

Proposal still meets preferred solution for height despite the increase which was requested by Council to protect against flooding in response to concerns raised by neighbours.

A window on ground floor level previously shown as opaque is now not so

This ground floor window has a sill height of 1.7m and is associated with a bathroom. Further privacy measures to this window are not considered necessary as there will not be any privacy impact from this window.

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     BCA Classification

 

Under the building code of Australia, the classification of the building is: -

 

§  Dwelling House – Class 1a

§  Garage and Carport – Class 10a

§  Swimming Pool – Class 10b

 

6.2     Development Engineer

 

The Development Engineer has provided the following comments in relation to the application:

 

An application has been received for alterations and additions at the above site including construction of a new swimming pool at the rear.

 

The comments contained in this report are based on the amended (revision A) plans, received by Council on the 7 September 2005.

 

Flooding Comments

 

The planning officer is advised that the subject development site is located in an area that may be subject to flooding during major storm events.

At the request of the applicant, a conservative estimate of the flows through the site has been undertaken. Based on these conservative flows the applicant has submitted amended plans showing:

 

§  All new floor areas at the rear of the site being raised to a minimum level of RL 17.43 m (AHD) or suitably protected from flooding up to this same level.

 

§  The coping around the edge of the pool being raised to a minimum RL of 17.43 m (AHD)

 

§  A 12 metre wide clear flow path being provided through the rear yard.

 

Further, the following conditions have been included in this memo to address the issue of potential flooding:

 

1.       All new floor areas (excluding the garage and carport) shall be suspended on piers/columns with the area beneath being left open to allow infiltration of stormwater runoff.

 

2.       With the exception of the pool filter (shown on the submitted plans) and the approved timber deck, the eastern 12 metres of the rear yard shall be kept clear at all times to facilitate overland flows. There shall be no change in ground level within this area.

 

3.       The portion of the proposed timber decking at the eastern end of the pool (which encroaches into the 12 metre wide overflow path) shall be suspended on slender columns and the area beneath left clear to ensure that flows are not impeded. Further, the underside of the deck (in the area over the flow path) shall be raised to a minimum RL of 17.53 m (AHD).

 

4.       Any new exterior paving within the development site (excluding the driveway) shall be constructed with a permeable brick paving or other similar material that will allow stormwater to infiltrate to ground (eg Rocla permeable paving or similar).

 

5.       All stormwater runoff from the redeveloped portions of the site (for all storms up to and including the 1 in 100 year storm event) shall be collected and discharged to Smithfield Street. A dual pipe system shall be provided adjacent to the southern boundary to facilitate flows from the rear yard through to Smithfield Street in the event of one pipe becoming blocked.

 

6.       All footings shall be suitably designed to ensure that they will not be adversely affected by stormwater/floodwater.

 

Landscape Comments

 

There are two Syagrus romanzoffianum (Cocos Palms) of between 4-6 metres in height, in the rear yard of the adjoining property to the south, 10 Smithfield Street, close to the common boundary. Both appear in reasonable condition and are covered by Council’s Tree Preservation Order, with the plans showing the construction of a proposed carport along this common boundary, in close proximity to their trunks.

 

This species of palm is particularly resilient to the effects of excavation and root disturbance, and would remain largely unaffected by its construction in the location shown; therefore, the only condition required is one granting permission for the applicant to prune any overhanging fronds back to the common boundary in order to accommodate the proposed works.

 

Within the rear yard of 14 Smithfield Street, close to the common boundary, there is one Hibiscus tiliaceus (Cottonwood) of approximately 5 metres in height, and immediately to the east, one Jacaranda mimosifolia (Jacaranda) of about the same size.

 

Both trees appear in reasonable condition, are covered by Council’s Tree Preservation Order, and have been pruned back off this property on previous occasions; however, encroaching branches still exist and would need to be pruned off in order to prevent damage during site access and construction, with protection measures also needed to ensure appropriate care is taken during excavations associated with the proposed ground floor extension.

 

Further east again, in the rear yard of 16 Smithfield Street, close to the common boundary, there is one Agonis flexuosa (Willow Myrtle) of approximately 4 metres in height and immediately to the east one Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) of approximately 10 metres in height.

Both appear in reasonable condition and are covered by Council’s Tree Preservation Order, and despite previous pruning off this common boundary, there are still some overhanging branches that will likely need to be removed in order to accommodate site access and construction associated with the proposed ground level and first floor works.

 

As these trees are located on an adjoining property, the applicant has a responsibility to ensure their protection during the course of construction, with the plans showing the provision of a timber deck along the southern (common) boundary, beneath the extent of their driplines.

 

Minimal effect on both trees is expected, with protection measures having been listed to ensure excavations associated with the footings for the proposed deck are located around any roots which are encountered.

 

In the rear yard of the subject site, along the southern boundary, near the southeast corner, there is one Persea americanna (Avocado) of approximately 7 metres in height, which although appearing in reasonable condition and being covered by Council’s Tree Preservation Order, is not deemed a significant specimen, and is generally regarded as having a low, or limited landscape or amenity value.

 

Given the presence of other, more significant trees in adjoining properties, relocating the proposed pool elsewhere is not seen as a viable option, and given this species excessive fruit fall, it is considered reasonable to grant permission for the removal of this tree, subject to a medium sized native replacement tree being provided elsewhere in the rear yard upon completion.

 

In the rear yard of the adjoining property to the north, 6 Smithfield Street, close to the common boundary, there is one Cotoneaster and one Citrus reticulata (Mandarin Tree), both of approximately 4 metres in height.

 

Both trees may need to have some overhanging branches removed, with excavations associated with the footings for the proposed deck and pool to be undertaken beneath their canopies; however, given their relatively small size, they should be able to sustain the effects of this disturbance.

 

Should the application be approved the following conditions shall apply:

 

Conditions suggested by the Development Engineer have been included in the Recommendation section of this report (see Conditions 48-67).

 

7.       MASTER PLANNING REQUIREMENTS

 

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

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

The site is zoned Residential 2(a) under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

The proposal has been assessed in relation to compliance with the following controls:

 

-        Randwick Local Environmental Plan 1998

-        Draft LEP Amendment 36

-        SEPP 55: Remediation of Land

-        Environmental Planning and Assessment Act 1979 as amended

-        Development Control Plan - Dwelling Houses and Attached Dual Occupancies

-        Building Code of Australia

 

8.1     Environmental Planning Instruments

 

(a)     Randwick Local Environmental Plan 1998

 

The relevant objectives of the 2(a) zone are to maintain the character of the area, enable redevelopment for low density housing forms such as dwelling houses and dual occupancy development.

 

The proposed development has a form that is consistent with neighbouring development. The development will maintain the existing small scale residential character of the area.

The alterations and additions to the dwelling are consistent with the low density housing forms envisaged in the 2(a) zone.

 

The proposal satisfies the relevant objectives of the 2(a) zone.

 

(b)     SEPP 55 – Remediation of Land

 

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

 

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

 

8.2     Draft Environmental Planning Instruments

 

a)      Draft Local Environmental Plan (LEP) Amendment No. 36

 

The Draft LEP Amendment 36 is currently on exhibition (concluding on 4 November 2005).

 

Key LEP changes affect the Residential 2A Zone and include:

 

§  Reducing the minimum subdivision size from 900m2 to 800m2;

§  Increasing minimum frontage requirements for the development of an attached dual occupancy from 12m to 15m; and,

§  Increasing minimum landscaped area from 40% to 50% of the site area.

 

LEP Standards do not apply to this application. Further consideration of the Draft is not required in this instance.

 

9    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Dwelling Houses and Attached Dual Occupancies Development Control Plan

 

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

 

Landscaping

 

Preferred Solution

Assessment

S1

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

41% of the site is landscaped area. Complies

S1

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

The rear yard has an area of 35sqm. Complies.

S1

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

The above area has dimensions of 5 x 7 metres. Complies.

S1

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

The above area is located in the rear yard. Complies.

S6

20% of the total site area has permeable treatment.

23.3 % of the site is permeable. Complies

 

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

 

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

 

The proposal meets the preferred solutions for landscaping. The calculations above are exclusive of the deck and pool areas. The deck areas are indicated as being largely permeable and this will further contribute to the objectives for landscaping. The pool and deck areas will provide for passive and active recreation for the occupants of the development.

 

The proposal is satisfactory with regard to landscaping.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies.

The proposed FSR is 0.597:1. Complies.

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

The development complies with the preferred solution for Floor Area. The proposed density of the development does not result in unreasonable amenity impacts or significant bulk and scale impacts on the street or surrounding properties.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 6.4-6.8 metres. Complies

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Complies.

S3

No excavation within 900mm of a side boundary.

Complies. Pool is setback a minimum of 900mm from all boundaries.

S3

No excavation within 4m of a rear boundary.

Complies. Pool is setback 12m from rear boundary.

S4

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

The southern elevation of the proposed dwelling is 900mm from the southern side boundary for a distance of 13 metres at first floor level. Does not comply, see discussion below.

S5

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

Does not comply. See discussion below

 

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

 

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

 

The development does not meet preferred solution S4, regarding the length of first floor walls on the southern side that are setback less than 1.5 metres. The wall length exceeds the preferred solution by 1 metre. Compliance could be achieved by indentation of the ensuite bathroom at first floor level an additional 600mm. This would not result in any discernible benefit to adjoining properties in terms of solar access (the objective of the control) as the shadows cast on surrounding properties are due to the orientation of the site and the length of the northern wall of the dwelling. It should be noted that the remainder of the southern elevation is setback 2.5 metres for a length of 8.5 metres. This provides an average setback of 1.53 metres which meets the preferred solution for first floor level setbacks. The non-compliance will not result in significant bulk and scale impacts to adjoining properties due to the separation afforded by the rear yards of these properties, the varied fenestration to the wall and the compensation provided by the area of the wall setback further than the preferred solution.

 

The proposal does not meet preferred solution S5, regarding additions to semi-detached dwellings. The first floor level is partially within roof space, however existing roof form is not conducive to concealing additions wholly within the roof space. Other semis in the street have had similar additions and the proposal will not interrupt a consistent streetscape. The semis are not symmetrical with the boundary line being off centre to the building form. The impact on the form of the dwelling has been minimised by modification of the existing roof form to accommodate the addition and minimise the wall height to the street.

 

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

 

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

As per existing situation. Complies.

S2

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

The proposed dwelling is over 20 metres from the rear boundary. Complies.

S3

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

The proposed development is set back 0-0.9 metres from the side boundaries at ground floor level. Does not comply.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 0.9-2.4 metres from the side boundaries. Does not comply.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

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

 

The proposal does not comply with side setback requirements to the southern side boundary at ground and first floor level. At ground floor level the garage is proposed to be constructed with a nil side setback. This does not comply with the preferred solution under the DCP, however the location of the garage will not result in privacy or overshadowing impacts on adjoining properties. The impact in terms of visual bulk of this non-compliance is not considered to be significant given that the garage is on a rear not side boundary of the adjoining property to the south (12 Smithfield Avenue) and will not be highly visible beyond existing boundary fencing (approximately 900mm of wall will be visible above the fence). All habitable areas of the house at ground floor level comply with the preferred solution of 900mm.

 

The development does not meet preferred solution that first floor levels are setback 1.5 metres to part of the first floor level (approximately 13 metres wall length). It should be noted that the remainder of the southern elevation is setback 2.5 metres for a length of 8.5 metres. This provides an average setback of 1.53 metres which meets the preferred solution for first floor level setbacks. Compliance along the whole of the southern elevation at first floor level would not result in any discernible benefit to adjoining properties in terms of solar access as the shadows cast on surrounding properties are due to the orientation of the site and the length of the northern wall of the dwelling. The non-compliance will not result in significant bulk and scale impacts to adjoining properties due to the separation afforded by the rear yards of these properties, the varied fenestration to the wall and the compensation provided by the area of the wall setback further than the preferred solution.

 

The proposal is satisfactory with regard to the objectives for building setbacks under the DCP despite numeric non-compliance with the preferred solutions.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

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

S1

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

The ground floor deck will provide opportunities to look over existing fencing as deck has been raised to accommodate flood levels. Windows to the first floor bedrooms will also overlook the rear yard areas of the adjoining properties. Conditioned to Comply (see Conditions 5 and 6).

S1

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

The proposal has first floor bedroom windows which overlook the rear yards of adjoining sites due to the orientation of the subject site. Conditioned to Comply (see Condition 6).

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

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

 

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

 

The subject site is constrained in that its southern side boundary adjoins the rear boundary of surrounding properties and therefore creates increased opportunity for overlooking of private open spaces of adjoining properties to the south. The proposal has minimised its impact by placing windows to the front and rear elevations wherever possible and indicating opaque glazing to a majority of the first floor windows. In order to address the privacy concerns of surrounding residents, Condition 6 requires all first floor windows be opaque and fixed below 1.7 metres. This should not unduly affect the amenity of the bedrooms of the proposal as they generally have a second window offset from the windows on the southern elevation, providing cross ventilation and second aspect to these rooms.

 

Standard conditions have been applied in relation to the pool plant and equipment to ensure noise from this source does not exceed amenity standards.

 

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

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Existing entry retained. Not applicable.

S1,3

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

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

S2

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

Suitable condition included.

 

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

 

The proposal is satisfactory with regard to safety and security. Appropriate conditions have been included where required (see Condition 11).

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 2 cars. Complies.

S1

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

The dimensions of the parking spaces are 3.3x6.5. Complies.

S1

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

The existing driveway is 3 metres wide and is set back 350mm from the side boundary. Complies/Does not comply.

S1

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

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

S1

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

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

S1

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

Not applicable.

S2

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

Not achievable.

S2

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

The proposed garage is located behind the building line. Complies. The carport is located one metre from the front property boundary and will be highly visible from the street. Does not comply – see assessment below

S2

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

The proposed garage occupies about 33% of the width of the site frontage. Complies. Carport occupies 51% of the site frontage and does not comply.

 

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

 

The development includes a garage to the side of the existing dwelling and a carport within the front setback. The garage is integrated into the dwelling house and setback from the front building line to minimise its visibility from the street. The carport is located one metre from the front boundary and occupies 51% of the site frontage. The carport will be highly visible from the street. Carparking structures are required to be setback as far as possible under the DCP. Given that a garage has been located behind the front building line it is considered reasonable to delete the carport to minimise the impact of the development on the streetscape. The applicant was advised the carport was unsuitable at prelodgement stage. Deletion of the carport is required by Condition 3.

 

The driveway is not setback 1 metre from the side boundary, however this is an existing situation. Due to the width of the lot the driveway cannot be relocated and is considered acceptable despite non-compliance.

 

Subject to compliance with conditions of consent, the proposal is satisfactory with regard to carparking.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Not applicable.

S1

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

The proposed front has a height of 1.8 metres with upper 2/3 50% open. Appropriate conditions will be imposed to ensure that the infill panels are at least 50% open. Complies.

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

 

The proposal complies with the preferred solutions for front fencing. A condition of consent has been recommended to ensure compliance is achieved at construction stage (see Condition 13). The side fences have been raised in height in the vicinity of the deck area as a result of the decks and floor levels being raised to accommodate flood levels. The side fencing has a maximum height of 2.4 metres by providing a 600mm privacy screen to the top of 1.8 metre boundary fencing alongside the deck area. The increase will not result in substantial bulk and scale impacts to adjoining properties and will prevent overlooking of adjoining properties from the deck and pool areas of the development. The fence height was included in the plans that were re-notified to residents and no submissions were received in response to this modification. Condition  5 reinforces that privacy screening is to be provided to the northern and southern edges of the rear deck.

 

The proposed fencing is satisfactory.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not Applicable.

S2

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

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

S2,8

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

The proposal does not have a north-facing aspect due to existing semi-detached arrangement. Not applicable.

S9

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

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

S9

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

The proposal will not reduce solar access to less than 3 hours over a portion of north-facing windows. Complies.

S9

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

The proposal will reduce solar access to private open space of 14 Smithfield to less than 3 hours. Does not comply, see assessment below.

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

 

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

 

The orientation of the site to north results in shadows cast moving significantly throughout the day. The proposal will result in additional shadow being cast on the adjoining dwellings to the south during the day. Shadow impacts may be summarised as follows:

 

Property

Time of Day Midwinter (21 June)

9am

12 noon

3pm

10 Smithfield Avenue

Rear Yard

 

 

 

Northern Elevation

 

 

 

12 Smithfield Avenue

Rear Yard

 

 

 

Northern Elevation

 

 

 

14 Smithfield Avenue

Rear Yard

 

 

 

Northern Elevation

 

 

 

16 Smithfield Avenue

Rear Yard

 

 

 

Northern Elevation

 

 

 

18 Smithfield Avenue

Rear Yard

 

 

 

Northern Elevation

 

 

 

20 Smithfield Avenue

Rear Yard

 

 

 

Northern Elevation

 

 

 

Key:

                            Area not affected by Additional Shadow from proposal

                            50% or more of existing area of solar access in shadow as a result of development or shadow on a portion of the northern elevation

                            Majority of area in shadow as a result of development

 

The table above indicates that 3 hours of sunlight will be achieved to a majority of the rear yards and northern elevations of properties to the south of the subject site (10 and 16-20 Smithfield Avenue). This complies with the preferred solution under the DCP.

 

12 Smithfield Avenue will not meet the preferred solution for 3 hours of solar access to the rear yard of this property, midwinter. However, the northern elevation of 12 Smithfield Avenue will maintain 3 hours of solar access midwinter and complies with the preferred solution under the DCP. It should be noted that both the pools at 10 and 12 Smithfield Avenue are already overshadowed by existing fencing all day midwinter (with the exception of a portion of the pool to 10 Smithfield at midday) and the proposal will not result in substantial additional overshadowing to the pool surfaces.

 

The property most affected by the development in terms of solar access is 14 Smithfield Avenue, which will have its rear yard overshadowed at noon and 3pm midwinter and approximately half of the yard of 14 Smithfield Avenue which is currently in sun will be overshadowed at 9am. This degree of overshadowing does not meet the preferred solution for solar access of 3 hours per day. Additional overshadowing will occur to the northern elevation of the dwelling at midday midwinter (although a portion of the northern elevation will remain in sun at 12 noon) and will be in shadow at 3pm midwinter. The shadow impact to the northern elevation complies with the DCP requirements.

 

Therefore, all properties on the southern side of the site will achieve the preferred solutions for solar access except for shadow to the rear yards of 12 and 14 Smithfield Avenue.

 

Despite non-compliance with the DCP, the Land and Environment Court has recently adopted a planning principle (Parsonage vs Ku-ring-gai Council) with regard to solar access. The principle is as follows:

 

Numerical guidelines dealing with the hours of sunlight on a window or open space usually leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level. Numerical guidelines should therefore be applied with the following principles in mind, where relevant:

 

§  The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.

 

The subject site and surrounding dwellings are in the 2A residential zone. Notwithstanding that this is the lowest density residential zone, the orientation of sites and pattern of subdivision results in sites to the south of the subject site being highly vulnerable to overshadowing. The overshadowing caused to sites to the south is a result of orientation, not areas of numeric non-compliance with the preferred solutions under the DCP. In order to reduce overshadowing and develop the site to its potential under the DCP a single storey addition to the rear would be the only option. A redevelopment as a single storey would reduce the length of shadows but would increase the distribution of the shadows, to properties further to the west of the site. In addition a single storey addition may result in additional impacts in terms of visual bulk and scale and reduced landscaping, particularly given that the existing house on the site is semi-detached. It would be unreasonable to enforce a single storey development on the site given the minimal benefits and the high degree of numeric compliance the proposal achieves with the preferred solutions of the DCP.

§  The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained

 

The shadow diagrams indicate that the rear yards of existing dwellings to the south already experience overshadowing from the existing single storey development on the site. 12 Smithfield Avenue will lose approximately 30m2 and 60m2 of sunlight at 9am and 12 noon, respectively. Despite this increase, the property will retain solar access to its northern elevation during the whole of the day midwinter and will retain afternoon sun to the majority of the rear yard and these losses are not considered to be significant, even thought the size of the loss is reasonably large.

 

14 Smithfield Avenue will lose approximately 10m2, 70m2 and 40m2 of sunlight from the rear yard at 9am, noon and 3pm respectively. These losses will be significant for 14 Smithfield Avenue, in that they will result in non-compliance with the DCP requirement of 3 hours of midwinter solar access per day to rear yards, however the shadow is not considered to be the result of non-compliance, overdevelopment or poor design, rather site orientation and subdivision pattern and is therefore considered reasonable within the context of the site.

 

§  Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

 

The proposal is considered to meet the majority of Council’s numeric controls. Non-compliances such as non-compliance with the preferred solutions for setbacks does not contribute to the shadow impact of the development. The overshadowing is not considered to be the result of a poor design but of the limitations of the existing context, having south facing rear yards adjoining a side boundary of an east-west allotment.

 

§  To be assessed as being in sunlight, the sun should strike a vertical surface at a horizontal angle of 22.5o or more. (This is because sunlight at extremely oblique angles has little effect.) For a window, door or glass wall to be assessed as being in sunlight, half of its area should be in sunlight. For private open space to be assessed as being in sunlight, either half its area or a useable strip adjoining the living area should be in sunlight, depending on the size of the space. The amount of sunlight on private open space should be measured at ground level.

 

It is estimated that shadow will reach 1.4 metres up the northern elevation of 14 Smithfield Avenue at midday midwinter. The DCP requires that north-facing living room windows receive sunlight over a portion of their surface for at least 3 hours per day. 14 Smithfield will achieve this, however it is unlikely that half the area of the windows will be in sunlight. Despite the solar access being reduced to less than 50% of the window area, the amount of sunlight on the northern elevation of 14 Smithfield Avenue complies with the DCP and is considered to be satisfactory.

 

§  Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

These items have been included in the submitted shadow diagrams, and indicate that the rear yards of adjoining properties to the south already experience a high degree of shadow from these ancillary structures as a result of existing development on the subject site. The pools at 10 and 12 Smithfield Avenue are already in shadow for the majority of the day midwinter due to shadow caused by existing boundary fencing.

 

§  In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

 

It is unlikely that large scale development will occur on adjoining sites. Provision of a first floor addition to any of the remaining single storey dwellings on Smithfield Avenue would gain greater solar access opportunities than the existing ground floor northern elevations. The development will not significantly reduce the amenity of any future development on the adjoining sites.

 

Standard conditions have been applied to ensure the proposal minimises water and energy use.

 

The proposal, subject to conditions, is satisfactory with regard to ESD principles.

 

10  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11  CONCLUSION

 

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

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 458/2005 for Ground and first floor additions to the existing semi-detached cottage including new rear deck, inground pool, new garage and front carport at 8 Smithfield Avenue, Coogee subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans in 5 sheets drawn by John Spiteri Design & Drafting numbered drawing no. 05.128A, dated May 2005 and received by Council on 7 September 2005, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

          Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning & Community Development, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

3.       Approval is not granted for construction of the carport to the front of the site and this structure is to be deleted from the plans submitted with the Construction Certificate application.

 

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

 

5.       A privacy screen having a minimum height of 1.8m measured from finished deck level is to be provided to the northern and southern edges of the rear deck. The screen shall be constructed of timber lattice or slats at a spacing that does not allow for direct view into adjoining properties. Details of compliance are to be provided in the construction certificate plans.

 

6.       The sill height of all south facing windows at first floor level are to be increased to be a minimum height of 1.7m above floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above floor level.

 

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

 

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

 

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

 

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

 

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

 

12.     No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

13.     The fence on the street alignment is to be a maximum height of 1.8m and be designed so that the upper two thirds of the fence is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

18.     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises.

 

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

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

 

·        name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable);

·        name, address and telephone number of the Principal Certifying Authority; and

·        a statement stating that “unauthorised entry to the work site is prohibited”.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

28.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

30.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July 1993.

 

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

 

32.     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.

 

33.     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.

 

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

 

          The use of any rock excavation machinery or any mechanical pile drivers is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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

 

40.     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.

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

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

 

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

 

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

 

a)       Reconstruct the existing concrete layback and vehicular crossing if required; and

b)      Repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

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

 

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

 

51.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $121.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

52.     The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the existing Council footpath level.

 

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

 

53.     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.

 

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

 

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

 

55.     All new floor areas at the rear of the site shall be raised to a minimum level of RL 17.43 m (AHD) (as shown on the submitted Drawing 05.128 (A)).

 

56.     The proposed coping around the edge of the pool shall raised to a minimum RL of 17.43 m (AHD)

 

57.     All new floor areas (excluding the garage and carport) shall be suspended on piers/columns with the area beneath being left open to allow infiltration of stormwater runoff.

 

58.     With the exception of the pool filter (shown on the submitted plans) and the approved timber deck, the eastern 12 metres of the rear yard shall be kept clear at all times to facilitate overland flows. There shall be no change in ground level within this area.

 

59.     The portion of the proposed timber decking at the eastern end of the pool (which encroaches into the 12 metre wide overflow path) shall be suspended on slender columns and the area beneath left clear to ensure that flows are not impeded. Further, the underside of the deck (in the area over the flow path) shall be raised to a minimum RL of 17.53 m (AHD).

 

60.     Any new exterior paving within the development site (excluding the driveway) shall be constructed with a permeable brick paving or other similar material that will allow stormwater to infiltrate to ground (eg Rocla permeable paving or similar).

 

61.     All stormwater runoff from the redeveloped portions of the site (for all storms up to and including the 1 in 100 year storm event) shall be collected and discharged to Smithfield Street. A dual pipe system shall be provided adjacent to the southern boundary to facilitate flows from the rear yard through to Smithfield Street in the event of one pipe becoming blocked.

 

62.     All footings shall be suitably designed to ensure that they will not be adversely affected by stormwater/floodwater.

 

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

 

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

 

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

 

65.     Approval is granted for the removal of the following tree subject to the planting of 1 x 25 litre broad canopied replacement tree (not a palm) within the rear yard of the site. The species selected shall be a native which will attain a minimum height of 8 metres at maturity.

 

a)       One Persea americanna (Avocado Tree) in the rear yard, close to the southeast corner of the site.

 

66.     Permission is granted for the selective pruning of only those overhanging branches or fronds that need to be removed in order to accommodate the proposed carport, site/machinery access, ground floor extension and first floor addition and associated scaffolding, as follows;

 

a)       The two Syagrus romanzoffianum (Cocos Palms) in the rear yard of 10 Smithfield Street, close to the common boundary,

b)      One Hibiscus tiliaceus (Cottonwood), and immediately to the east, one Jacaranda mimosifolia (Jacaranda) both in the rear yard of 14 Smithfield Street, close to the common boundary,

c)       One Agonis flexuosa (Willow Myrtle), and immediately to the east, one Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) in the rear yard of 16 Smithfield Street, close to the common boundary.

d)      One Cotoneaster and one Citrus reticulata (Mandarin Tree) located in the rear yard of 6 Smithfield Street, close to the common boundary.

 

          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’. A brief written statement confirming compliance with this condition shall be submitted to the satisfaction of the certifying authority, prior to the issue of an occupation certificate.

 

67.     The following measures are to be undertaken to ensure the retention of: the Hibiscus tiliaceus (Cottonwood) and Jacaranda mimosifolia (Jacaranda) in the rear yard of 14 Smithfield Street; the Agonis flexuosa (Willow Myrtle) and Ficus microcarpa var. ‘Hillii’ (Hills Weeping Fig) in the rear yard of 16 Smithfield Street; and the Cotoneaster and Citrus reticulata (Mandarin Tree) in the rear yard of 6 Smithfield Street (close to the common boundary):

 

a.       All detailed architectural, building, demolition and engineering (structural, stormwater & drainage, services) documentation submitted for the construction certificate application shall show the retention of the existing specimens with the position of their trunks and full diameter of their canopies clearly shown on all drawings.

 

b.       There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of these trees.

 

c.       Any excavations required for footings, structures, retaining walls, pipes etc within 2 metres of the site boundaries, beneath the extent of the driplines of the subject trees, shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

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

 

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

18 October, 2005

FILE NO:

D0355/2005

 

PROPOSAL:

  Demolition of the two detached mixed-use developments and erection of a five storey mixed use development incorporating two levels of basement parking, ground floor retail premises and three storeys of multi-unit dwellings above.

PROPERTY:

 665-667 Anzac Parade, Maroubra

WARD:

 Central Ward

APPLICANT:

 Michael Khoury

OWNER:

 Austcorp No. 453 Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.       EXECUTIVE SUMMARY

 

The application is referred to committee as the cost of works exceeds 2 million dollars.

 

The application seeks approval for demolition of a pair of single and two storey mixed-use buildings and erection of a five storey mixed-use development and two levels of basement parking.

 

The application has been the subject of amended plans in an attempt to ensure compliance with the objectives of Clause 42D Maroubra Junction Town Centre of Randwick Local Environmental Plan 1998. An additional storey above the maximum permissible four storeys has been set within the mass of a roof form to minimise visibility from the streetscape and floor to ceiling heights have been increased at the first floor level of the proposed building to also achieve compliance. The proposal results in a non-compliance with the development standard contained within the LEP in relation to maximum height, and therefore this application is accompanied by a SEPP 1 objection which is considered to adequately satisfy the requirements of the control.

 

The application was originally the subject of 15 letters of objection however after amended plans were notified to neighbouring properties only 1 letter of objection was received. The main point of objection related to the bulk and scale of the development and that the building would not relate to the adjoining lower density residential buildings. It is considered that by reducing the prominence of the fifth storey with increased setbacks and a treatment in keeping with a roof form the bulk and scale of the development is reduced and the building will adequately relate to the scale of adjoining buildings. To reduce the potential for overlooking privacy louvres will be conditioned to be provided over windows to the western elevation.

 

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

 

2.       THE PROPOSAL

 

The current proposal seeks demolition of the two buildings currently occupying the combined site of Nos 665-667 Anzac Pde.  One of these two buildings is single storey the other is two storey and both are mixed-use buildings with professional suites at ground floor and residential occupancies above and to the rear.

 

The proposed building will provide two levels of basement parking to accommodate 29 vehicles. Five commercial occupancies will be provided at ground floor level with shop 1 providing for 95.83sqm, shop 2- 74.8sqm, shop 3- 62.25sqm and shop 4- 56.93sqm. Four levels of residential units are provided above this commercial floor area comprising 14 residential dwellings - 4 x 3 bedroom and 10 x 2 bedroom. The upper, fifth level is setback from the building alignment to both Shepherd St and Anzac Pde within the mass that could otherwise accommodate a roof.

 

To the rear of the development vehicular access to the basement is proposed and a landscaped deep soil area is to be provided.

 

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is known as 665-667 Anzac Pde, Maroubra. The site is located on the western side of Anzac Pde on the corner of Shepherd St. The land is generally regular and rectangular in shape with a combined frontage of 21.755m to Anzac Pde and and 33.91m to Shepherd St, a rear western boundary of 20.39m and a southern boundary of 42.505m. The site has a total area of 768.64sqm.

 

The combined site is the most northerly site of the Maroubra Junction town centre. The area surrounding the site contains a variety of mixed-use buildings to the south and lower density residential developments to the north and west of the site.  Immediately to the south of the site is the Bowen Library complex which has a maximum height of four storeys. To north of the subject site on the opposite side of Shepherd St is a single storey dwelling with single and two storey dwellings characterising the streetscape.

 

The subject site looking from Anzac Pde                       The subject site from Shepherd St

 

 

The subject site, No. 665 Anzac Pde from Shepherd St with library in the background and viewed from the intersection.

The Bowen library complex viewed from the north & Shepherd St looking west

 

Anzac Pde looking north & Anzac Pde looking south- note the urban wall of the town centre

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The proposal was referred to the Design Review Panel prior to lodgement and subject to a number of variations was generally supported.

 

Once the application was lodged with Council a number of non-compliances with Council Maroubra Junction town centre development provisions were identified. These included non-compliance with the number of storeys of the development and variation to floor to ceiling heights primarily at the first floor level. Based on discussions between assessment officers and the applicant, amended plans were submitted setting the additional storey back from the building alignment within the mass that would otherwise accommodate a pitched roof form. This variation was considered to be consistent with the objectives of Clause 42D Maroubra Junction Town Centre of Randwick Local Environmental Plan 1998.  Floor to ceiling heights were increased at the first floor level to ensure compliance with the applicable controls which ensures flexibility in the potential future uses of the first floor. 

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan Public Notification. The following submissions were received as part of the original notification period:

 

5.1     Objections

 

Maroubra Junction Precinct Committee

 

B G Eckard

11A Shepherd St

 

K Guenzl

7 Shepherd St

 

C Joulianos

11 Shepherd St

 

A Pang

10 Shepherd St

 

C and T Pericleous

111 Storey St

 

P and L Mougios

109 Storey St

 

Li-chen C Yu

9 Shepherd St

 

L J Bennett

100 Gale Rd

 

T Manauzzi

2 Shepherd St

 

R Forsyth

5 Shepherd St

 

P A Tarros

6 Shepherd

 

Rita Cascade

Lina19933@hotmail.com

L Wiesfeld

14 Everett St

 

·        Height is excessive in comparison to library and should be a maximum of 4 storeys

 

Comment

 

The Bowen Library building has a varied height increasing to a maximum of four storeys. The proposal seeks a maximum height of five storeys however the bulk of the additional storey will be reduced by way of increased setbacks from the street. As such the scale of the two buildings as viewed from the street will be generally consistent.

 

·        Shops should not be provided to a narrow street

 

Comment

 

The subject site has a commercial zoning and the applicable planning controls require commercial uses at the ground and first floor, as such shopfronts are a requirement to the ground floor frontages.

 

·        The development will change the residential character of Shepherd St

 

Comment

 

Shepherd St is on the northern boundary of Maroubra Junction town centre accordingly the street has a transitional character between the town centre to the south and lower residential densities to the north. 

 

·        The development will result in additional traffic

 

Comment

 

Council’s traffic engineer has reviewed the proposal and does not consider the additional traffic generated likely to impact on traffic flows within the immediate locality. Additional assessment of traffic impacts is provided under Technical Officer Comment section of this report.

 

·        The development will impact on drainage within Shepherd St

 

Comment

 

Council’s drainage engineer has reviewed the proposal and the development will not have an adverse impact on stormwater management within the immediate locality. Additional assessment of flooding impacts is provided under Technical Officer Comment section of this report.

 

·        Loss of privacy to the west overlooking neighbouring properties

 

 

Comment

 

Windows provided to the western elevation shall be conditioned to have a privacy treatment. Further discussion on privacy is provided under Environmental Assessment section of this report.

 

·        Additional traffic will endanger children crossing to the primary school

 

Comment

 

The additional traffic generated by this development will not compromise the safety of pedestrians along Shepherd St.

 

·        The shop fronts will attract people of a dubious nature at night

 

Comment

 

There is no evidence that socially unacceptable behaviour can be attributed to shop fronts.

 

·        Other developments within Maroubra Junction provide sufficient accommodation

 

Comment

 

In accordance with Sydney’s Metropolitan Strategy and Randwick Local Environmental Plan 1998 higher densities should be provided within town centres that are situated on good public transport routes.

 

·        There are too many unoccupied shops in Maroubra Junction and shops at the fringe are unnecessary

 

Comment

 

Maroubra Junction Town Centre DCP aims to maintain the economic viability of the town centre and provides for ground and first floor commercial uses in accordance with the commercial zoning.

 

·        The development does not provide for garbage collection on site

 

Comment

 

Sufficient area for waste collection is provided within the basement of the development and will be conditioned accordingly.

 

·        There are insufficient parking spaces allocated to the retail uses

 

 

 

 

 

Comment

 

Sufficient parking spaces are provided within the development as detailed under section 7.4 Parking DCP of this report.

 

·        Noise impacts during construction

 

Comment

 

Standard construction work conditions of consent will be imposed which will ensure noise from construction will be in accordance with the Building Code of Australia.

 

·        This development will set a precedent within the street for other similar developments

 

Comment

 

The subject site is the last site within the Maroubra Junction town centre as such the densities available to this site are not permissible for other sites within Shepherd St.

 

·        The development will impact on the heritage and character of Maroubra

 

Comment

Neither the subject site nor the immediate locality is a heritage item or located within a conservation area as such heritage is not a consideration for the this application. The character and built form of the development is a matter for consideration and is discussed in greater detail under Environmental Assessment section of this report. 

 

·        The development will reduce sunlight to neighbouring properties and the street

 

Comment

 

Solar access is addressed under Environmental Assessment section of this report however it should be noted that this development does not have an unreasonable impact on neighbouring properties where at the winter solstice sunlight will be available after 12noon.

 

·        Loss of resale value of neighbouring properties as a result of this development

 

Comment

 

Market values are not a planning consideration.

 

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:-

An amended application has been received for the construction of a mixed use development at the above site containing 5 commercial tenancies and 14 dwellings with two levels of basement carparking for 33 vehicles.

 

It is noted that the report is based on the following plans and details:

 

§  Statement of Environmental Effects by CQConsulting dated May 2005;

§  Geotechnical Report by Grant Alexander and Associates dated 25 November 2004;

§  Landscape Plan Job No. 05.707 Issue B by Greenplan dated 4 May 2005;

§  Basement 2 Floor Plan Job No. 0437 Sheet No. B01 Issue B by Arttech Design & Construction dated 24 August 2005;

§  Basement 1 Floor Plan Job No. 0437 Sheet No. B02 Issue B by Arttech Design & Construction dated 24 August 2005;

§  Ground Floor Plan Job No. 0437 Sheet No. B03 Issue B by Arttech Design & Construction dated 24 August 2005; and

§  First Floor Plan Job No. 0437 Sheet No. B04 Issue B by Arttech Design & Construction dated 24 August 2005.

 

Landscape Comments

On Council’s Anzac Parade nature strip, there are two recently planted Gum trees which will need to be removed to accommodate the full width, paved footpath and associated works along this frontage. The applicant will be required to cover Council’s costs in originally planting these two trees, as well as planting advanced replacements along this frontage upon completion of all works.

 

On Council’s Shepherd Street nature strip, there is one Agonis flexuosa (Willow Myrtle) of approximately 3 metres in height, which appears in average condition and is covered by Council’s Tree Preservation Order. This tree provides only a minimal contribution to the streetscape, and is not deemed worthy of retention. As such, conditions in this report require that the applicant cover Council’s costs in removing this tree (including a calculated amenity value) as well as providing replacement street trees along this frontage to assist with the integration of this development into the existing streetscape.

 

Within the site, along the northern boundary, there are three Melaleuca ericifolia (Swamp Paperbark’s) varying in height between 4 and 6 metres. While not significant specimens by any means, they do provide a softening effect of this side of the existing building.

 

It would not be possible to retain these trees and proceed with construction of the development as shown, and as such, consent is granted for their removal subject to replacement planting being provided within the site as shown.

 

There are various shrubs and small trees within the rear yard of both existing dwellings which would need to be removed to accommodate the proposed works as shown. These species are considered undesirable, and as such, conditions in this report require that they be removed in lieu of decorative landscape treatment which would more than compensate for the loss of existing vegetation in terms of size and appearance.

 

Drainage Comments

On site stormwater detention is required for this development.

 

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

 

Traffic Comments

The average traffic generation for the proposed residential development consisting of 14 residential units will be in the range of 56 to 70 vehicle movements per day.

 

The expected peak flow volume of approximately 7 vehicles per hour is considered low and no significant delays should be experienced in Shepherd Street as a result of this development.

 

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.

 

Vehicular Access

The applicant was previously advised that the driveway opening at the Shepherd Street frontage must be minimum 5.50 metres wide and located at least 1.5 metres clear of the side property boundary. The submitted amended plans show a driveway width of only some 4 metres. It is recommended that the Planning Officer request the applicant submit amended plans showing the driveway width being increased to 5.50 metres (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site.

 

Should the planning officer determine that the driveway width may be increased without amended plans being submitted prior to determination; the following condition may be included in the approval:

 

The internal driveway must be a minimum 5.50m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

Manoeuvrability on the basement carpark

Whilst the Planning Officer should ensure the proposed parking provisions are adequate, the following information is provided to assist in determining compliance.

 

Concerns are raised regarding car spaces 1 and 3 in Basement Level 1 and 13 and 20 in Basement Level 2 being reduced in size to incorporate larger turning circles at the ramps. The submitted plans appear to show these car spaces being cut by corner splays of some 0.50m x 0.50m adjacent to the ramps. It is noted that the Development Engineer does not support the provision of car spaces dimensioned below that specified in AS2890.1:2004.

 

 

 

Flooding Comments

The Planning Officer is advised that the development site may be subject to stormwater inundation during major storm events. Council carried out extensive stormwater diversion works during 1996 to reduce the maximum flooding height and frequency of stormwater inundation in Shepherd Street. The 1 in 100 year flood height in Shepherd Street has since been determined as RL 25.80 (AHD).

 

Council has a policy when considering development applications and local approval applications for flood affected properties in Shepherd Street which states that any future habitable floor level must be constructed at a minimum of RL 26.10 (which includes a 300mm freeboard) and garage levels (unless protected by a permanent water barrier) at RL 25.80 AHD.

 

The above restrictions are indicated on the Section 149 Certificate for the above site.

 

Accordingly the floor level of all habitable and storage areas shall be at a minimum RL of 26.10 (AHD) or suitably waterproofed up to this same level, and all footings shall be suitably designed to ensure that they will not be adversely affected by stormwater/floodwater. It is noted that whilst the submitted plans generally demonstrate compliance with this requirement, the bin storage areas appear to be at RL 26.00 (AHD). Given that the bin enclosures are set well back from the site frontages, no objections are raised to the reduced freeboard of 200mm.

 

The proposed internal driveway must be designed with a high point at a minimum RL of 25.80 (AHD). The submitted plans demonstrate compliance with this requirement.

 

It is noted that all windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at a minimum RL of 26.10 (AHD).

 

Groundwater Comments

The applicant has submitted a geotechnical report by Grant Alexander & Associates dated 25 November 2004. In this report the applicant’s consultant notes that groundwater was not encountered in borehole testing down to 7.7 metres below the surface level. As the proposed basement excavation is to extend to around only 5.6 metres below the ground level, it would appear that the proposed development will not have an affect on, nor be affected by, groundwater.

 

Encroachment Comments

The submitted plans show the provision of ‘juliet’ type balconies on the first, second, third and fourth storeys of the proposed development, extending beyond the property boundary line in Anzac Parade. The applicant was previously advised that other than approved street level awnings the Development Engineer does not support any portion of the development (including basement structures, eaves overhang and/or balconies) encroaching over Council’s footpath.

 

It is understood that the applicant has been granted some exemptions in terms of compliance with this requirement, however it is noted that until such time as a policy for allowing encroachments over Council’s land is adopted by Council, the Development Engineer does not support such balconies.

 

Waste Comments

The residential waste storage area shall be sized to contain a total of 14 x 240 litre bins (7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins. The submitted ground floor plan demonstrates compliance with this requirement.

 

The commercial waste storage area shall be sized to contain a total of 10 x 240 litre bins (5 garbage bins & 5 recycle bins) whilst providing satisfactory access to these bins. The submitted ground floor plan demonstrates compliance with this requirement.

 

The recommended condition to increase the width of the driveway will be imposed as per the comments. The recommended deletion of the Juliet balconies however will not be removed as the balconies provide a positive design element to the built form of the development and only represent a relatively minor encroachment.

 

Environmental Health comments

 

Key Issues

 

Land Contamination

Due to the current and previous uses of the site, it is considered that no further investigation is required under Council’s Contaminated Land Policy, Contaminated Lands Management Act and SEPP 55.

 

Further to this, the statement of the environmental effects submitted with the application does not reveal any concerns in relation to land and/or groundwater contamination.

 

It should be noted however that issues have been raised in the past in relation to groundwater contamination in the area and therefore should dewatering of the site be required, the groundwater quality will need to be assessed prior to approval being granted by City Services.

 

Acoustics

 

An acoustic report, prepared by RSA Acoustics received on 8 June 2005 (Report no: 1534) was received.

 

In summary, the acoustic report states that should the recommendations of the report be carried out, the internal acoustic criteria stipulated in Council’s Maroubra Town DCP will be met.

 

Standard noise conditions should therefore be attached to the consent to ensure that the internal acoustic criteria stipulated in Council’s Maroubra Town DCP and other relevant noise criteria will be complied with.

 

Building Services comments

 

BCA Building Classification

Class          -        6      (Retail/Shops)

Class           -        2      (Residential units)

Class          -        7a    (Carpark)

Key Issues

 

Site Management:

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

 

Building Code of Australia (BCA):

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

 

Access for people with a disability:

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

 

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

 

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

 

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

 

Conclusion:

 

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

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

7.1     Randwick Local Environmental Plan 1998

 

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

 

The subject site is land identified as comprising part of the Maroubra Junction Town Centre.  Accordingly Clause 42D removes the need for the development to comply with Randwick LEPs standards for floor space ratio, landscaped areas and building heights under Clauses 31, 32 and 33.  Instead, the maximum number of storeys requirement of the Maroubra Junction Town Centre Development Control Plan (DCP) applies as if it is incorporated into the LEP and is linked with a maximum height corresponding to the storey requirement.

 

The subject site is identified in the DCP as being located in Block 1, with one building envelope applicable to the site: a four (4) storey (maximum) building to Anzac Parade and an open space zone and 6m wide carriageway to the rear of the site which separates the building from neighbouring properties to the rear.

 

The maximum building height to the underside of the ceiling corresponding to four storeys is 15m. The application proposes five storeys with a maximum height of approximately 15.8m to the underside of the ceiling, which is not compliant with the requirements of Clause 42D of RLEP 1998. As such a SEPP 1 objection has been provided as part of this application.

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clause No.

Requirement

Provided

Compliance

Clause 42D Maroubra Junction town centre

Maximum of four storeys

 

Maximum height to underside of the uppermost ceiling 15m

Five storeys provided, however upper storey is setback and within a roof form.

Maximum height to underside of ceiling 15.8m.

No, However satisfies the performance criteria through the SEPP 1 objection submitted for this application

 

 

The applicant has submitted a SEPP1 objection to the maximum storeys and height requirements of RLEP 1998 and has provided the following reasons why strict compliance is unreasonable and unnecessary in the circumstances of the case.

The above discussion provided by the applicant is considered to adequately meet the requirements of State Environmental Planning Policy No. 1 and as such it is considered that strict compliance with the requirements of Clause 42D (6) is unreasonable and unnecessary in the circumstances of the case. A detailed discussion on scale and bulk and building envelope is provided under sections 8.3 and 8.4 of this report. 

 

7.2     Maroubra Junction Town Centre Development Control Plan

 

The subject site is land identified as comprising part of the Maroubra Junction Town Centre.  Accordingly Clause 42D removes the need for the development to comply with Randwick LEPs standards for floor space ratio, landscaped areas and building heights under Clauses 31, 32 and 33.  Instead, the maximum number of storeys requirement of the Maroubra Junction Town Centre Development Control Plan (DCP) applies as if it is incorporated into the LEP and is linked with a maximum height corresponding to the storey requirement.

 

The subject site is identified in the DCP as being located in Block 1, with one building envelope applicable to the site: a four (4) storey (maximum) building to Anzac Parade and an open space zone and 6m wide carriageway to the rear of the site which separates the building from neighbouring properties to the rear.

 

The maximum building height to the underside of the ceiling corresponding to four storeys is 15m. The application proposes five storeys with a maximum height of approximately 15.8m to the underside of the ceiling, which is not compliant with the requirements of Clause 42D of RLEP 1998. As such a SEPP 1objection has been provided as part of this application.

 

Block 1 controls

 

Control

Performance Criteria

Compliance

Building Envelope Plan

Gross floor area is not to occupy more than 70% of the building envelope for residential floors and 80% for commercial/retail floors

See Section 8.4 “Building Envelope”

Building Use

One floor of commercial with residential above along Anzac Parade

Does not comply- – Ground floor commercial uses are provided and an economic statement has been submitted to address the residential use at first floor in lieu of a commercial use

Building Depth

Maximum depth of 25m for the commercial/retail floor

 

 

 

 

 

 

 

 

Maximum depth of 22m for the residential floor with a maximum depth of 18m glass line to glass line

Non compliance – maximum depth of 26m Notwithstanding, the proposal is considered satisfactory as it is a minor variation attributed to irregular site dimensions.

 

Non compliance – maximum depth varies with a maximum of 28m glass line (front) to rear wall line. However again the variation can be attributed to the irregular dimensions of the site.  

Setbacks

Front

 

0m along Anzac Parade and Shepherd St

 

 

 

 

Complies – 0m to both frontages with a recessed building line at upper levels where a balcony is located on the alignment.

Deep Soil Zone + Open Space

Minimum of 25% of total site area to be provided as communal open space.

Complies- 46% of total site area will be provided as communal open space including the rear open space and roof top terrace.

Vehicle access

All lots fronting Anzac Pde are to provide vehicle access via a 6m wide rear carriageway

Complies- 6.85m at boundary.

 

 

Discussions on the non-compliances are provided under Environmental Assessment section of this report.

 

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

 

The proposal was referred to the Design Review Panel for comment a total of three times. The final comments provided are included below:

 

INTRODUCTION

 

It was noted that this was the third time the proposal has been submitted to the Panel.

 

 

 

 

 

PANEL COMMENTS

 

1.       Relationship to the Context of the Proposal

 

Generally the applicant has responded to the previous Panel comments and the revised design is considered to be a significantly better proposal than the original scheme.

 

The montage scheme was inaccurate.

 

The Panel considers that the scale of the proposal in its immediate context and in response to the width of Anzac Parade is appropriate

 

The Panel considers that there is an argument to support the height proposed along the Anzac Parade frontage.

 

2.       The Scale of the Proposal

 

The Panel considers that massing is generally well considered and that the scale and the height of the development are satisfactory.

 

3.       The Built Form of the Proposal

 

The design would benefit from a reduction of the number of elements and components in the facades.

 

Façade materials and corner joints have to be revisited.

 

The use of high quality materials such as zinc cladding is supported

 

Juliet Balconies may be non compliant

 

4.       The Proposed Density

 

Although the proposed volume is consistent with the DCP, the applicant has inserted an extra storey into the DCP envelope, bringing the floor to floor height at 2 900mm. The provision of 2 700 mm high ceilings in the apartments is a requirement of SEPP 65.

 

5.       Resource and Energy Use and Water Efficiency

 

The number of internal spaces that would require artificial lighting throughout the day should be reduced i.e. Kitchen, Bedrooms along Anzac Parade.

 

The applicant should comply with the pending BASIX requirements.

 

6.       The Proposed Landscape

 

7.       The Amenity of the Proposal for its Users

 

Floor to floor dimensions need to allow the provision of appropriate acoustic ratings.

 

8.       The Safety and Security Characteristics of the Proposal

 

Sliding gate should be turned into swing gate

 

9.       Social issues

 

The proposal has an improved mix of units

 

10.     The Aesthetics of the Proposal

 

The proposal has the potential to be a well considered addition to the Maroubra Junction area however some of the elements in the façade could be refined and the language of the building further developed.  The Panel appreciates the applicant’s efforts to address issues raised in previous report.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel recognises the design qualities of the Development application, and encourages their future development as outlined in this report.

 

The panel considers that if the applicant addresses all the issues as outlined above, in association with the assessing planner, there is no need to see the application again.

 

The applicant, in ongoing discussion with the assessing officer resolved the key issues raised as part of these comments where the finishes and number of elements to the Shepherd St frontage was reduced to improve the buildings relationship to the streetscape. Further, the position of the panel in relation to the additional height to this gateway site was noted and considered as part of the assessment of this application. 

 

7.4     Development Control Plan- Parking

 

Parking                                     Required                                  Provided

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

10 x 1.2  = 12 spaces

 

4 x 1.5  = 6 spaces

 

3.5 visitor spaces = 3.5 visitor spaces

289.81/ 40 = 7 spaces

 

total of 28.5 spaces

 

 

Complies – 29 spaces provided

 

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

 

Parking entry off Shepherd St consistent with streetscape and Maroubra Junction town centre DCP

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

 

No adaptable units are required for development totalling up to 14 units therefore no spaces required.

P3 Secure storage for bicycles is provided.

 

No but will be conditioned to be provided.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Complies

P2 Vehicles enter/ leave in a forward direction.

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

Complies

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

S3 Long driveways provide passing bays.

Complies

P6 Driveway gradients safe.

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

Complies

Storage

P1 Accessible and separate storage for each dwelling.

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

Provided to basement

Barrier-Free Access

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

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

Yes one visitor space will be adaptable

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

NA- development provides for less than 14 units therefore no adaptable unit required.

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

 

NA

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

 

Yes per condition of consent

 

7.5     Section 94 Contributions Plan

 

Units

Open space levy per unit ($)

Total open

Space

($)

Community facilities levy per unit ($)

Total community facilities

($)

10 x 2 bedroom units

1792.88

17, 928.80

792.72

7, 927.20

4 x 3 bedroom unit

2732.00

10, 928

1208.00

4, 832

 

7.6     BASIX

 

BASIX applies to multi unit developments lodged after the 1 October 2005. The subject application was lodged on the 10 May 2005 therefore due to sunset provision of the BASIX SEPP the requirements do not apply.

 

7.7     Rainwater Tanks Policy 2003

 

The DCP requires a site-specific survey to be undertaken for a development to determine to appropriate size of  tank.

 

The proposal has been assessed against the policy and a condition of consent will be imposed as part of any consent which ensures adequate tank capacity has been provided for the site.

 

 

8        ENVIRONMENTAL ASSESSMENT

 

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

 

8.1     Built form

 

The proposed built form was considered to be acceptable by the Design Review Panel. It should however be highlighted that the form has changed from the scheme reviewed by the panel in that the fifth level has been incorporated into the area that would otherwise accommodate a roof. It is considered that this change in appearance will minimise the bulk to the street and as such will have an improved relationship to the streetscape of both Anzac Pde and Shepherd St. The elevation of the fifth floor will appear as a mansard roof with a treatment consistent with a roof element. As such, the building when viewed from the street will have an acceptable bulk and a non-traditional roof element not inconsistent with the built form of the building to the south, the Bowen library complex. It is considered that the building will provide an acceptable addition into the streetscape and provide a suitable gateway element into the Maroubra Junction town centre.

 

8.2     Use of the first floor

 

The proposal is consistent with objectives of block 1 whereby the development reinforces Anzac Pde as the primary frontage. It is considered that a flexibility in the permitted use and design of the first floor units for home-businesses will enable a mix of commercial and residential uses. It is noted that a specific/stipulated commercial use to the first floor is unlikely to be successful at the present time given the distance from the retail core of the town centre and the extent of vacant commercial properties currently available within the town centre. However, given the opportunity for increased densities within the town centre the option for a flexible first floor unit design is encouraged with floor to ceiling heights that would enable a future commercial use if demand was suitable.

 

The design as submitted provides for a media studio in place of a third bedroom which will enable a home business to be accommodated within the residential units in keeping with the intent of the business zone. A condition will be imposed on the consent whereby these media studios are to remain as such and not be converted into bedroom accommodation. To ensure this continued use the rooms shall be fitted with inbuilt office furniture as depicted on the floor plans.

 

8.3     Scale and bulk

 

The subject site is located on the most northerly side of the Maroubra Junction town centre as defined by the Maroubra Junction Town Centre DCP. As such the bulk of any development on this site has a two-fold role by acting as a gateway into the town centre whilst achieving transition in scale between the commercial properties with higher densities to the south and residential dwellings of a lower density to the north. The DCP provides for a maximum height of four storeys to achieve a transition between these two densities. The proposal seeks to exceed this number of storeys with a fifth level. In determining the appropriateness of this additional storey an assessment against the objectives of the development control needs to be undertaken. The three objectives provided are:

1.       To ensure future development responds to the desired scale and character of the street and town centre

2.       To ensure development at the edges off the town centre responds to the scale and character of development and streets surrounding the town centre

3.       To allow reasonable daylight and solar access to all developments and the public domain

 

The site sits between the Bowen library building that has a maximum permissible height of six storeys, and residential dwellings houses to the north and west with a maximum height of two storeys.  As such the subject development needs to respond to these two scales whilst ensuring a suitable built form response for this key site at the northern entry to the town centre. As such allowing an additional storey beyond the permissible is considered acceptable where it will accentuate this key corner site but will be contained within the area which would typically accommodate a roof form so as to minimise excessive bulk when viewed in comparison to the lower densities.  The final objective of the development standard is to ensure that any developments do not unreasonably overshadow adjoining developments, as is provided under a discussion on solar access, the development does not unreasonably overshadow any adjoining properties therefore the objective is satisfied. The SEPP 1 objection provides additional discussion in regards to meeting the objectives of the development standard.

 

8.4     Building envelope

 

The DCP specifies that the gross floor area is not to occupy more than 70% of the building envelope for residential floors and 80% for commercial/retail floors. The applicant has determined that slightly higher than these percentages are provided with this proposal. The development is however considered to be of an acceptable bulk and that the variation from the gross floor area is due to the additional floor space created by the fifth storey and the irregular site area. This additional area can be argued as being reasonable where the additional storey provides a better relationship between the subject site and the potential heights available to Bowen library and in creating a gateway development at this northern entry into the town centre. The additional floor area created by the irregularly shaped site is considered to be proportionally insignificant.  The DCP allows a variation to this envelope provided the objectives and performance requirements are satisfied whereby the bulk should relate to adjoining development and to provide a suitable transition between contrasting adjoining densities. The proposed bulk is considered to be in keeping with the bulk of the library building and when viewed from the street not inconsistent with controls provided in the DCP. This visual comparability is due to the additional storey being contained within a roof-like element that will be visually obscured at street level due to increased upper level setbacks to both Anzac Pde and Shepherd St. On merit it is considered that the building envelope proposed by this development is consistent with the town centre and the objectives of the development standard.

 

8.5     Building depth and setbacks

 

The proposal exceeds the maximum permissible building depths on all floors towards the southern perimeter of the site. The site, as detailed in the subject site description is irregular in shape with a longer southern boundary that to the north, as such the proposed building, being built with a zero setback reflects this irregular shape with an increased building length to the southern boundary. To comply with the maximum depth at the southern boundary would require a stepping of the rear elevation that would create an unworkable and irregularly shaped interiors. Given the minimal variation from the maximum building depth varying between 1 and 4m refusal on the grounds non-compliance with building depth would be unreasonable.

 

Front setbacks to both frontages satisfy the requirements for the DCP. The rear setback is sufficient where a 6m wide carriageway and landscaped zone is achieved with this proposal.  The building envelope envisages the carriageway along the most western boundary, the design actually positions this carriageway alongside the building to provide access into the basement car park whiles allowing additional landscaped area which would otherwise have to be dissected with ramp access. It is considered that the reverse layout of the carriageway and landscaped corridor still achieves the intent of the control to provide sufficient building separation between the subject site and neighbouring properties to the west.

 

8.6     Landscaped area and private open space

 

Private open space has been provided by way of balconies for all units within the development of sufficient dimension and area so as to provide adequate levels of private outdoor recreation. Additional communal open space in the form of rear open space and a roof top terrace will further contribute to the recreational opportunities available to future occupants of this development.

 

8.7     Privacy

 

Objections have been received by neighbouring properties on the grounds of overlooking principally to the west of the subject site. The western elevation provides extensive windows with no indicative window screening. Windows to this elevation are typically located well above eye level to overlook adjoining properties however as these windows are oriented to the west they will experience considerable heat loading from western sun therefore the provision of window screening in the form of louvres is considered reasonable and will be conditioned. This treatment will minimise heat transfer as well as reducing the perceived privacy impacts from a number of windows overlooking properties to the west.

 

8.8     Ecologically Sustainable Development (ESD)

 

The DCP requires new developments to be accompanied by an Environmental Toolkit, this has not been provided by the applicant. As the development is considered to have an acceptable environmental impact a deferred commencement conditions will be imposed requiring this toolkit to be provided to the satisfaction of the Director of City Planning. A further condition of consent will be imposed ensuring this toolkit is available to the body corporate. Accompanying this toolkit should be a Total Energy Strategy which similarly has not been submitted but is considered achievable and able to meet the requirements of the DCP.

 

Within this development it is considered that adequate natural ventilation and energy conscious measures have been incorporated into this proposal to meet the requirements of the DCP and the applicable principles and objectives for ecologically sustainable development within the town centre.

Shadow diagrams submitted with the application indicate that the development will result in overshadowing of the neighbouring properties to Shepherd St in the morning of the winter solstice. By 12noon on the winter solstice this shadow will travel and solar access will be returned to the eastern elevation of adjoining properties and private open space to the front and rear of the subject site. This afternoon sunshine can be attributed to the extensive rear separation provided by the carriageway and the deep soil landscaped zone. It is noted that the available afternoon solar access satisfies the requirements of the DCP.

 

9        FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10      CONCLUSION

 

The proposal achieves the objectives and performance requirements of Clause 42D Maroubra Junction Town Centre, RLEP 1998 and Maroubra Junction Town Centre DCP in that the development will not have an unreasonable impact on the amenity of neighbouring properties, the character and quality of the streetscape and objectives of the town centre. The objections received in relation to this development have been sufficiently addressed either by the amended plans or by recommended conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council assume the concurrence of the Director of Planning to vary the provisions of Clause 42D (6) and of Randwick Local Environmental Plan 1998 (as amended) relating maximum number of storeys and corresponding building height for Demolition of the two detached mixed-use developments and erection of a five storey mixed use development incorporating two levels of basement parking, ground floor retail premises and three storeys of multi-unit dwellings above for development Application No. 355/05 at 665-667 Anzac Pde Maroubra subject to the following conditions:-a under State Environmental Planning Policy No. 1 and,

 

B.      THAT Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to Development Application No 355/05 for Demolition of the two detached mixed-use developments and erection of a five storey mixed use development incorporating two levels of basement parking, ground floor retail premises and three storeys of multi-unit dwellings above 665-667 Anzac Pde Maroubra subject to the following conditions:-

 

The consent shall not operate until the applicant satisfies Council as to the following matters within 12 months from the date of this notice to following requirements are to be adequately addressed to the satisfaction of the Director of City Planning:-

 

1.       Windows provided to the western elevation overlooking neighbouring properties to Shepherd St shall be fitted with external louvres to ensure sightlines to the west are minimised and to provide additional shading to these units from the westerly sun

 

2.       The western elevation of the upper level shall be angled back to match the roof form/treatment provided to the northern and eastern elevations.

 

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

 

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

 

4.       An Environmental Toolkit shall be prepared and submitted to Council for approval in accordance with the requirements of the Maroubra Junction Town Centre Development Control Plan

 

5.       A Total Energy Strategy shall be prepared and submitted to Council for approval in accordance with the requirements of the Maroubra Junction Town Centre Development Control Plan

 

Subject to compliance with the deferred commencement requirement, approval be granted subject to the following conditions:

 

Conditions of Consent

 

Subject to compliance with the deferred commencement condition, to the satisfaction of the Director City Planning, development consent be granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA355/2005 for demolition of the new detached mixed-use developments and erection of a five storey mixed use development incorporating two levels of basement parking, ground floor retail premises and three storeys of multi-unit dwellings above, subject to the following conditions:-

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered 0437 B01 through to B12 and A 13 dated 1/12/04, plot dated 25 August 2004 and received by Council on 25 August 2005, perspective montage photographs  received by Council on 25 August 2005 and 19 October 2005, the application form and on any supporting information received with the application, except as may be amended  by the  details approved pursuant to the Deferred Conditions and by the following conditions and as may be shown in red on the attached plans.

 

2.       The rooms identified as media studios within the development shall remain as studios and not be converted into and used as bedrooms without the specific approval of Council. These rooms shall have office furniture permanently built into the space as detailed in the approved plans.

 

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

 

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

 

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

 

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

 

7.       A rainwater tank, of sufficient size to provide water for irrigation of all landscaped areas within the development, is to be provided to the development in accordance with Council’s Rainwater Tank Policy

 

          The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate and landscape plans, to the satisfaction of the Certifying Authority.

 

          The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

SECTION 94:

 

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 the provision or improvement of open space                                  $28,856.80

b)      for the provision or improvement of community facilities                      $12,759.20

c)       Administration fee                                                                                        $425

 

          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.

 

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

 

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

 

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

 

12.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of Planning & Community Development, prior to the commencement of works.

 

13.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

          Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

14.     Lighting shall be provided throughout the common area for pedestrian safety however shall not be fitted so as to cause nuisance to neighbouring properties.

 

15.     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.

 

16.     The finished height and design of the awning shall be generally consistent with the awning line within the streetscape in particular to

 

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

 

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

 

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

 

          The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an occupation certificate or release of the subdivision linen plan, as applicable.

 

18.     In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

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

 

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

 

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

 

21.     Mailboxes shall be provided to the site in accordance with Australia Post guidelines.

 

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:

 

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

 

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

 

24.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

25.     The location and height of the discharge of 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.

 

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:

 

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

 

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

 

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

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

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

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

 

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

 

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

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

 

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

 

27.     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).

 

28.     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.

 

29.     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, acoustic report number: 1534 prepared by RSA Acoustics and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

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

 

30.     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.

31.     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.

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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”.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

39.     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.

 

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

 

41.     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:

 

42.     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.

 

43.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon:

 

a)       all of the premises adjoining the subject site.

 

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

 

44.     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.

 

45.     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:

 

46.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July 1993.

 

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

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     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.

54.     Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

55.     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.

 

56.     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.

 

57.     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.

 

58.     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.

 

59.     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.

 

60.     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.

 

61.     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.

 

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

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

 

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

 

63.     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.

 

64.     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.

 

65.     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.

 

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

 

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

 

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

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

 

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

Security Deposit Conditions

 

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

 

69.     The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)       $1000.00    -         Damage / Civil Works Security Deposit

 

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

§  A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

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

 

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

 

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

 

Traffic conditions/Civil Works Conditions

 

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

 

70.     The internal driveway must be a minimum 5.50m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

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

 

i.        Construct a heavy-duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Shepherd Street.

ii.       Remove any redundant concrete vehicular crossings and laybacks in both Anzac Parade and Shepherd Street and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

Iii       Reconstruct any damaged sections of kerb and gutter (including associated road works) for the full site frontage in both Anzac Parade and Shepherd Street except opposite the vehicular entrance.

iv.      Reconstruct a full width footpath along the full site frontage in Anzac Parade in accordance with the Commercial Guidelines for Maroubra Commercial Centre. This shall include street trees and tree squares/grates to Council’s requirements.

v.       Reconstruct the concrete footpath along the full site frontage in Shepherd Street.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

72.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

74.     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.

 

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

 

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

 

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

 

77.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

Alignment Level Conditions

 

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

 

78.     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 be:

 

·        Shepherd Street: Match the back of the existing footpath along the full site frontage

 

·        Anzac Parade: Match the back of the existing footpath along the full site frontage

          Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0881.

 

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

 

79.     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.

80.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $1837 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

81.     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.

 

82.     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.

 

83.     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.

 

84.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate whether or not an electricity substation is required for the development.

 

85.     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.

 

Drainage Conditions

 

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

 

86.     The floor level of all habitable and storage areas (excluding the garbage rooms) shall be at a minimum RL of 26.10 (AHD) or suitably waterproofed up to this same level. The floor level of the garbage rooms shall be at a minimum RL of 26.00 (AHD) as detailed on the submitted ground floor plan.

 

87.     The proposed internal driveway must be designed with a high point at a minimum RL of 25.80 (AHD). The submitted ground floor plan demonstrates compliance with this requirement.

 

88.     All windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at a minimum RL of 26.10 (AHD).

 

89.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

          It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

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

 

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

 

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

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.      Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

91.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

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

 

a.       The underground drainage system in Shepherd Street, via a new and/or existing kerb inlet pit; AND/OR

b.       A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

Notes:

a.       All new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7a.

b.       With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

93.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Development Engineer.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

          Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

94.     For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

          Where possible the detention tank must have an open base to infiltrate stormwater into the ground. Groundwater and any rock stratum has to be a minimum of 2.0 metres below the base of the tank for infiltration to be effective.

 

95.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

          Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

96.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

98.     The maximum depth of ponding in any above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

99.     300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

 

100.   600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

 

101.   1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

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

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

 

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

 

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

 

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

 

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

 

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

 

108.   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.

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

·        A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

 

·        A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

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

 

113.   One covered car washing bay 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.

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

 

a.       The location of the detention area with finished surface levels;

b.       Finished site contours at 0.2 metre intervals;

 

c.       Volume of storage available in the detention areas;

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

e.       The orifice size(s) (if applicable);

f.        Details of any infiltration/absorption systems; and

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

 

115.   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 inspections of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

Waste Management Conditions

 

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

 

116.   The residential waste storage area shall be sized to contain a total of 14 x 240 litre bins (7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins.

 

117.   The commercial waste storage area shall be sized to contain a total of 10 x 240 litre bins (5 garbage bins & 5 recycle bins) whilst providing satisfactory access to these bins.

 

118.   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.

 

119.   The waste storage areas shall be clearly signposted.

 

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

 

          The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

Landscape Conditions

 

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

 

121.   Landscaping at the site shall be installed substantially in accordance with the Landscape Plan prepared by Greenplan, job number 05.707, sheet number LSK 01, dated 18.03.05 and stamped received at Council on 10th May 2005, subject to the following additional requirements being shown on an amended plan, to the satisfaction of the certifying authority, prior to the issue of a construction certificate:

 

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

 

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

 

124.   All planter boxes and garden beds constructed on slab having a minimum soil depth of 600mm. Planter box details shall be submitted with the detailed landscape plans.

 

125.   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.

 

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

 

127.   Prior to the issue of a construction certificate, a landscape design plan for the Anzac Parade frontage of the development shall be submitted to, and be approved by, Council’s Director of City Planning in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979. The plan shall be prepared in general accordance with Council’s Urban Design Guidelines for the Maroubra Junction Commercial Centre, with the exception of the paving colour which shall match the colour of the paving in front of the adjoining property to the south. The paving is to extend beyond the northern boundary, and terminate at the back of the pram ramp on the corner of Anzac Parade and Shepherd Street.

 

          Note: Council’s Urban Design Guidelines for the Maroubra Junction Commercial Centre are detailed on the Randwick City Council Standard Drawings No. LO1 and L02 Issue A Plan No. 319.

 

          The applicant shall note that the approved landscape works carried out on Council property shall be in accordance with Council’s requirements for Civil Works on Council property. An application for the cost of the landscape works on Council property is to be submitted to Council at the completion of the internal building works.

          An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council’s nominated contractor will be required to be paid prior to the commencement of any works.

 

          A refundable deposit in the form of cash or cheque of $8,000 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the construction of the approved landscape works along the Anzac Parade and Shepherd Street site frontages.

 

128.   The naturestrip upon Council's Shepherd Street footway 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.

 

129.   The naturestrip upon Council's footway in Shepherd Street 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.

 

130.   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.

 

          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

 

131.   The applicant shall submit a total payment of $2,707.80 (inc. GST) to Council,

 

a.       Being the cost for Council to remove the existing street tree specimen of Agonis flexuosa (Willow Myrtle) on the Shepherd Street nature strip ($385.00 incl GST). Permission is also granted for the applicant to remove the two Gum trees on Anzac Parade during their site works; and

 

b.       Being the cost for Council to supply and install 4 x 45 litre Callistemon citrinus (Bottlebrush) street trees located centrally within the naturestrip along the Shepherd Street frontage, comprising one on the western side of the proposed vehicle crossing, and three to the east of the proposed vehicle crossing, as well as 3 x 100 litre Eucalyptus sideroxylon (Ironbark’s) street trees within the Anzac Parade footpath (located at back of kerb) upon completion of all works ($1,812.80 inc GST); and

 

c.       To compensate Council for the loss of amenity caused by the removal of the Agonis flexuosa (Willow Myrtle) street tree along the Shepherd Street nature strip ($510.00 no GST).

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

 

132.   Approval is granted for the removal of the following trees subject to the planting of 3 x 100 litre broad canopied replacement trees (not palms) within the site, as shown on the landscape plan prepared by Greenplan, job number 05.707, sheet number LSK 01, dated 18.03.05 and stamped received at Council on 10th May 2005.

 

a.       Three Melaleuca ericifolia (Swamp Paperbark’s) along the northern boundary.

b.       All vegetation within the rear yards of 665 and 667 Anzac Parade.

 

2.       A refundable deposit in the form of cash or cheque for the amount of $4,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1            -   Structural provisions

b)      Part C1            -   Fire resistance and stability

c)       Part C2            -   Compartmentation and separation

d)      Part C3            -   Protection of openings

e)       Clause D1.4     -   Exit travel distances

f)       Part D3            -   Access for people with disabilities

g)       Clause D3.5     -   Car parking for people with disabilities

h)       Part E1            -   Fire fighting equipment

i)        Part E3            -   Lift Installations

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

k)      Part F1            -   Damp and weatherproofing

l)        Part F4            -   Light and ventilation

m)      Part F5            -   Sound Transmission and Insulation

 

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

 

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

 

A2.    The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

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

 

A3     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 Council’s standard rate prior to any further inspection being carried out.

 

 

ATTACHMENT/S:

 

A4 Architectural Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR OF CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

20 October, 2005

FILE NO:

DA/338/2005

 

PROPOSAL:

 Amended plans for demolition of the rear of the existing dwelling and garage (former stables) to make ground and new first floor alteration and additions, including new rear garage, swimming pool and landscaping works (Heritage Item).

PROPERTY:

 6 Greville Street, Clovelly

WARD:

 North Ward

APPLICANT:

 Mr M Ryan and Ms S M Garrick

OWNER:

 Ms S M Garrick

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

1.    INTRODUCTION

 

At the Health, Building and Planning Committee meeting held 9 August 2005, Council resolved that:

 

“That this application be deferred to the next Health, Building and Planning Committee meeting to allow submission of the amended plans which address the shortcomings in the design.”

 

Amended plans for DA/338/2005, No. 6 Greville Street, Clovelly, were received by Randwick Council on 29 August 2005.  The amended plans involve significant alterations and additions to the single storey dwelling and locally significant heritage item known as No. 6 Greville Street, Clovelly.  Randwick Council has referred the amended proposal to external consultants, Willana Associates, to undertake an assessment of the planning merits of the proposal against the relevant Randwick Council development control documents.

 

The assessment of the development application has identified that the alterations and additions proposed by the scheme, result in unsatisfactory levels of amenity both for the proposed dwelling’s future occupants and surrounding residential development.  In particular, the proposal will have significant impacts on the amenity of neighbouring dwellings at No. 4 and No. 8 Greville Street.  The recommendation is for refusal.

 

2.    AMENDMENTS TO THE PROPOSAL

 

Ground Floor

 

§  Stairs ascending from the ground floor to first floor shifted to centre of kitchen.

§  Living area toilet facility deleted.

§  Rear patio, accessed from kitchen/living area increased.

§  Kitchen window openings on the rear extension have been reduced and now include obscure glass.

§  Garage has been set back 1m from rear property boundary.

 

First Floor

 

§  The first floor has been set back 4m from the front parapet and 800mm from the scalloped wall edge to the end of the master bedroom.  A first floor terrace now occupies this setback space.  The building is further back on the site as a result of this amendment.

§  Internal fit out has been reconfigured, shifting the master bedroom to the front of the dwelling and secondary bedrooms to the rear. 

§  All windows have been removed from the western façade of the first floor addition, but no side setback has been provided.  Skylights have been added above bedroom 3, bathroom and hall to offset lighting loss.

§  The rear balcony has been reconfigured to have an easterly aspect.  The balcony is accessed by bedrooms 1 and 2 and from the hallway through sliding doors.  

 

 

 

3.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the DCP – Public Notification from 28/9/2005 to12/10/2005. The following submissions were received:

 

3.1  Objections

 

1)      Mr and Mrs J P Herault

          4 Greville Street, Clovelly NSW 2031

 

No. 4 Greville Street submitted a further objection, which focused on the following:

§  The obscure glass kitchen window is very long.

§  The existing sash cord window has not been changed to an obscure glass window.

§  The rear balcony and associated privacy screens will reduce solar access to No. 4 Greville Street’s dining room.

 

Comment: These concerns have been addressed in Section 4 of this report. 

 

2)      Dianne Peters

          71 Fern Street, Clovelly  NSW  2031

 

No. 71 Fern Street submitted a further objection, which focused on the following:

§  Highlights that existing garages built off Clift Lane have setbacks.

§  Expressed concern that No. 6’s proposed setback from Clift Lane may not be adequate to protect No. 71’s side wall.

§  Sought clarification of stormwater system, as the stormwater pit annotated on the plans at the rear of No. 8 Greville Street appears to be incorrect.

§  Sought clarification as to whether run off into Clift Lane will work sufficiently.

 

Comment: These concerns have been addressed in Section 4 of this report.  In relation to the stormwater concern, Council’s Development Engineer has advised that drainage to the rear lane is acceptable in these circumstances.

 

3.2     Support

 

No letters of support were received during the further exhibition period.

 

4.       ISSUES

 

Overshadowing

 

The current proposal significantly increases the length and duration of shadows on the subject site and neighbouring properties No. 4 and No. 8 Greville Street.  The shadows cast by the proposal extend beyond the rear boundary, shadowing the backyards of the subject site and adjacent properties No. 4 and No. 8 Greville Street.  The length of the afternoon shadows cast across eastern neighbour, No 8 Greville Street, which were considered unacceptable under the previously submitted scheme, have increased under the amended plans, providing an even less acceptable overshadowing situation.

 

The proposal is not able to provide the minimum Dwelling Houses and Attached Dual Occupancies DCP (DHDCP) requirement of three hours sunlight to the subject site’s rear private open space between the hours of 9am and 3pm on 21 June.  The rear yard of the subject site is mostly overshadowed from mid morning.  This significant reduction in solar access reduces opportunities for outdoor clothes drying, growth of vegetation, natural lighting of internal living spaces, thermal massing and the general amenity and comfort of the dwelling.

 

The proposal also critically affects solar access to the principle outdoor recreation spaces of neighbouring dwellings No. 4 and No. 8 Greville Street on 21 June, extending the shadow line beyond the rear property boundary from 9am to 12pm at No. 4 Greville Street and from after 12pm at No. 8 Greville Street. 

 

As the existing single storey dwelling at No. 6 Greville Street does not substantially reduce solar access to the principle outdoor recreation space of No. 4 or No. 6 during winter months the change is significant.  The overshadowing impacts of the proposal are noticeably increased by the absence of a first floor side setback on the western elevation and do not meet the objectives and performance requirements of the DHDCP.

 

Landscaping and Open Space

 

The proposal’s landscape solution is not consistent with the objectives and performance criteria of the DHDCP.  The proposal does not meet the DHDCP soft landscaping requirement, as almost all of the proposal’s soft soil allocation and private open space is located over the excavated, 4-car capacity, rear garage.  The layer of fill proposed over the garage is of minimal depth and will not achieve the DHDCP objectives of improving stormwater management or enhancing native wildlife habitats, as the soil layer is not of adequate depth to support mature tree plantings or permit sufficient stormwater infiltration.  The landscaped area is approximately 36.5% of the site area, which is below the 40% preferred solution in the DCP. 

 

Assessment of the previously submitted scheme identified that: “Amendments would be required to the extent of the garage to further increase the soft landscaping provision and to ensure that adequate landscaping can be provided around the development.  This is also required to ensure a level of privacy as a result of the applicant’s intention to utilise the raised garage roof as a “trafficable area”.  These concerns have not been addressed by the amending plans.

 

The garage side setback has not been increased to DHDCP compliance with the preferred solution, retaining the problem of the deep, 500mm wide landscape strips, surrounding the garage perimeter.  These strips are highly impractical and will be very difficult to weed and maintain.  The originally non-complying soft soil area has further decreased under the amended scheme.  This is due to the shifting of the first floor addition back from the front parapet to prevent visibility of this addition when viewed from Greville Street.  As much of the landscaped area is still above the garage, the proposal is deficient with the requirement for 20% of the site to be “soft landscaping”.

 

The applicant has not decreased the size or bulk of the first floor addition to counteract this adjustment.  Consequently, the patio has encroached upon the only deep soil area that existed in the previously submitted plans.

Floor Area

 

The proposed FSR significantly exceeds the DHDCP preferred FSR for the site of 0.58:1.  The numerical calculations provided on the plan state that the proposed FSR is 0.819:1.  An assessment of the proposal’s floor area has identified that the proposed FSR is greater than the figure provided on the plans.  The applicant has also sought to deduct the original heritage floor area from inclusion in the FSR, however, as discussed in the previous assessment, while some flexibility with respect to heritage is permissible under RLEP, the preservation of the heritage item is not dependent upon the Council excluding the floor space from the DHDCP controls and therefore the floor space should be included in the assessment.

 

Any additional floor area granted to preserve a heritage item must meet the objectives and performance criteria of the DHDCP, which seek to ensure that developments are not excessive in bulk or scale, remain compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street.  The stated FSR of the proposal is 0.819:1, which is considerably above the DHDCP preferred solution and is not considered an acceptable outcome in terms of bulk or scale.

 

The depth of the first floor addition has increased marginally under the amended scheme.  The previous assessment of the design sought to decrease the bulk and scale of the development, particularly the first floor addition, to provide a more appropriate development in the context of neighbouring dwellings and the streetscape.  It is understood that some reconfiguration of the first floor addition has occurred to meet heritage requirements, however the increase in the depth of the first floor is contrary to the advice provided in the previous assessment.

 

The new privacy screens and louvers proposed along the eastern and westerns facades would be required to screen the ground floor rear patio (with non-complying side setback) and the first floor rear balcony.  However these screens add to the appearance of bulk on a dwelling design that already significantly exceeds an appropriate dwelling scale and floor area for the subject site.

 

Height, Form and Materials

 

The maximum non-complying external wall height of the dwelling is approximately 8.2m to natural ground level, which exceeds the DHDCP 7m external wall height preferred solution by 1.2m.  The proposed wall height is marginally greater than the previous draft as the entire first floor has been shifted back from the front parapet, for heritage purposes.  However, the rear balcony has now extended over a deep fill area in the rear yard, increasing the distance to natural ground level.

 

The wall height at the southwestern corner of the building exceeds the DHDCP requirements and seeks to provide a nil side setback on both the ground floor and first floor addition.  The impact of these combined variations to the DHDCP controls are significant and will have a detrimental impact on the overshadowing and privacy of the adjoining dwellings, being particularly imposing on the western neighbour No. 4 Greville Street, due to the total lack of façade articulation on the first floor western wall.  The proposal therefore does not satisfy the objectives and performance requirements of the DHDCP.

Building Setbacks

 

The existing dwelling on the site has a nil side setback to the western neighbour No. 4 Greville Street, which is the result of a past boundary adjustment.  No fence separates the properties, with the western wall of No. 6 Greville Street being on the boundary between the two properties.  The assessment of the previously submitted scheme identified that significant privacy and amenity impacts would arise from the lack of ground and first floor side setbacks to the western neighbour and the additional windows proposed for the first floor addition. 

 

The amended plans have only minimally setback the proposed first floor (800m for a small section) along the western façade.  In particular, the length of the new sections of the building provide a zero setback, which is in contravention of the DCP preferred solution of 1.5 metres for a two-storey dwelling.

 

In an attempt to reduce the significant overlooking impacts of the previous scheme, the applicant has removed all second storey windows from the western façade.  This amendment creates new amenity problems for neighbour No. 4 Greville Street, leaving a solid, unarticulated wall of 8.2m hard against the property boundary.  This amendment also creates significant internal amenity issues for the secondary bedrooms of No. 6 Greville Street, reducing access to natural lighting and ventilation.

 

The amended scheme has also reduced window openings and provided obscure glass along the western façade, ground floor, however this outcome is not preferable to a 900mm setback of the new ground floor building works (kitchen, living, dining and patio), beyond the historical alignment of the first four rooms.

 

Visual and Acoustic Privacy

 

The amended proposal has sought to address the overlooking issues to western neighbour No. 4 Greville Street from the proposed second floor addition, identified in the previous assessment.  The applicant has now removed all windows from the second storey western façade.  While this outcome may prevent direct overlooking over No.4’s living areas and private open space, a number of new amenity issues are created.  These include the presence of a blank, unarticulated wall without an acceptable setback from the property boundary when viewed from No. 4 Greville Street and internal amenity issues such as the reduction of light and ventilation to the secondary bedrooms of No. 6 Greville Street, with bedroom 3 having no external, openable window to permit a breeze path through the room.

 

The east facing rear balcony on the first floor has significant privacy impacts for eastern neighbour No. 8 Greville Street.  No. 8 Greville Street has a sunken rear yard, which is the dwelling’s principle outdoor recreation space.  The proposed balcony will directly overlook the rear yard of No. 8 Greville Street.  The balcony opens from bedrooms 1 and 2, which suggests that it will frequently be in use, thereby increasing the privacy impacts to No. 8 Greville Street.  Although louvers are proposed to screen the balcony, these will not sufficiently protect the privacy of the private open space No. 8 Greville Street, if the balcony is to be regularly in use.  At a minimum, the balcony should be orientated to face south over the rear yard of the subject site.

 

The proposed rear patio on the ground floor is likely to permit significant noise transfer to western neighbour No. 4 Greville Street due to the absence of a dividing fence and the nil side setback to this façade.  The privacy screens will not prevent noise transfer as effectively as a complying side setback and dividing fence.  Overall, the proposal does not meet the objectives and performance requirements of the DHDCP in relation to privacy.

 

Garages, Carports and Driveways

 

A four-car garage is to be located at the rear of the dwelling, accessed by the rear lane.  The proposed garage exceeds the DHDCP driveway width preferred solution, occupying 92% of the width of the site and proposes significant excavation.  The garage does not comply with side setback controls, being set back only 500mm from the side boundary.  The garage has been setback one metre from the property boundary as requested by the previous assessment, however the size of the garage has increased from 82.93m2 to approximately 90m2, which further impairs the proposal’s ability to achieve an acceptable soft soil area in the rear yard.

 

The garage is considered excessive in size for the small allotment and reduces the site’s potential to provide a landscape solution that achieves the “soft landscaping” targets set by the DCP.  There are still a number of privacy and amenity issues pertaining to the use of the garage roof as a courtyard, including overlooking and the impacts of the elevated courtyard fence, which have not been addressed in the amended plans.  The size, location and design of the garage structure have not been addressed to meet the objectives of the DHDCP.

 

Fences

 

A 1.8m high paling fence is proposed under the scheme.  The proposed fence height complies with the DHDCP, however the proposed fence will be placed on the raised ground level of the rear courtyard (above the excavated rear garage).  As discussed in the previous assessment, the added height of the fence form, resulting from the raised rear courtyard will create unreasonable visual impacts to neighbours at both No. 4 and No. 8 Greville Street.  The height of the fence structure would also exacerbate overshadowing impacts resulting from the development.

 

Accuracy of architectural figures

 

There are a number of inaccuracies within the numerical calculations provided on the plans.  A number of the figures do not add up correctly.  The landscaped area calculations are overstated and the proposed Floor Space Ratio is understated.

 

5.       CONCLUSION

 

It is considered that these amended plans have not sufficiently improved the previously assessed scheme and will continue to have significant detrimental impacts on the adjoining properties No. 4 and No.8 Greville Street.  The current proposal significantly exceeds the preferred FSR on the site and fails to meet the underlying objectives for this important planning control.  The proposal also fails to comply with appropriate side setbacks on the western façade and unreasonably reduces the amenity of neighbouring properties through unacceptable levels of overlooking and overshadowing.

The bulk and scale of the proposal is such that the rear yard of subject site will be unable to receive acceptable levels of solar access during winter months.  The lack of appropriate side setbacks for the first floor results in unacceptable impacts on the amenity of the western neighbour No. 4 Greville Street.  The unbroken, unarticulated wall, hard on the western property boundary, results in unacceptable visual impacts when viewed from the neighbouring property No. 4 Greville Street.

 

The expansive four car garage to the rear of the property requires a large amount of excavation, raises the natural ground level and removes any opportunity for deep soil plantings to improve the natural environment of the site.

 

The scheme requires significant amendments to address current impacts to neighbours No. 4 and No. 8 Greville Street before it achieves the objectives of the planning controls.  The proposal as submitted, should not be supported and the original recommendation for refusal has again been put forward.

 

RECOMMENDATION:

 

THAT Council, as the consent authority, refuse development consent to under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. 388/2005 for demolition of the rear of the existing dwelling and garage (former stables) to make ground and new first floor alterations and additions, including new rear garage, swimming pool and landscaping works (Heritage Item) at 6 Greville Street, Clovelly, for the following reasons:

 

1)      The proposal does not meet the objectives of Clause 3.1 – Solar Access and Energy Efficiency of the Dwelling Houses and Attached Dual Occupancies DCP (DHDCP) as the proposed design does not permit adequate solar access to the principle outdoor recreation spaces of the subject site, or neighbouring dwellings on 21 June.

 

2)      The proposal does not meet the objectives of Clause 4.1 – Landscaping and Open Space of the DHDCP as the proposal’s excavated garage beneath the principle outdoor recreation space (rear yard) has limited the proposal’s ability to provide an appropriate area of permeable soil to assist in stormwater management and provide deep soil plantings to landscape the site.

 

3)      The proposal does not meet the objectives of Clause 4.2 – Floor Area of the DHDCP, by proposing a Floor Space Ratio that is inappropriate for the site in that the proposed design results in a building that has unreasonable impacts on the amenity of neighbouring properties, including impacts on privacy, bulk and scale and overshadowing.

 

4)      The proposal does not meet the objectives in Clause 4.3 – Height Form and Material of the DHDCP, in that the wall height is exceeded and results in unacceptable impacts to neighbouring properties.

 

5)      The proposal does not meet the objectives of Clause 4.4 – Building Setbacks of the DHDCP, preventing neighbouring dwellings from receiving adequate access to daylight.  The nil second storey setbacks to the western facade results in unacceptable impacts to this neighbour and contributes unreasonably to the proposal’s bulk, scale and overshadowing impact on the neighbouring dwelling at No.4 Greville Street.

 

6)      The proposal does not meet the objectives of Clause 4.5 – Visual and Acoustic Privacy of the DHDCP, in that additional openings are proposed along the western façade, which will exacerbate existing privacy issues.  Furthermore, the proposed rear deck and balcony areas, which do not comply with the DHDCP setback requirements, will result in a loss of privacy to adjoining properties.

 

7)      The proposal is contrary to the objectives of Clause 4.7  - Garages, Carports and Driveways of the DHDCP, in that the garaging solution is excessive in size and results in an obtrusive structure which facilitates overlooking of adjoining properties.

 

8)      The proposal does not meet the objectives of Clause 4.8 – Fences, by providing a fencing solution that is not integrated with neighbouring dwellings as the ground level on which the rear fences are to be constructed is raised by the presence of significant fill in the rear yard and by constructing fencing on the garage roof.

 

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

CONSULTANT PLANNER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

20 October, 2005

FILE NO:

DA298/2004

 

PROPOSAL:

 Demolition of existing dry cleaners and construction of a part three, part four storey mixed residential/commercial development containing 18 residential units (6x1 bed, 7x2 bed, 5x3 bed) 225m² commercial area and basement parking for 35 spaces (Heritage Conservation Area).

PROPERTY:

 152-156 Barker Street, Randwick

WARD:

 West Ward

APPLICANT:

 Andrew Duffin, NBRS & P Architects

OWNER:

 M & Z Doueihi Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

1.       EXECUTIVE SUMMARY

 

The proposed development is for the demolition of the existing residence and commercial building containing a laundry/dry cleaning business on site and the construction of a mixed-use development containing 18 residential units, commercial floor space and 35 basement car parking spaces.  Council has referred the development proposal to external consultants Willana Associates, to undertake an assessment of the planning merits of the proposal.

 

The proposal comprises a front and rear building.  The front building faces Barker Street and consists of a three storey mixed use building, containing ground floor commercial space, with residential above.  The rear building is a four storey residential flat building.  The original architectural plans have been amended to reduce the height, bulk and number of apartments, as well as improve internal amenity of units, ramp grades and shadowing impacts to neighbours.

 

Several objections were received to the proposal and included: excessive height, floor space and bulk, and issues of concern relating to privacy, overshadowing, parking, traffic, heritage, noise, ventilation, contamination, excavation, existing use rights and drainage.

 

It has been established that lots 154 and 156 Barker Street, which currently comprise a laundry/dry cleaning business that has been in operation since approximately 1943, enjoy existing use rights.  Initial legal advice sought by Council indicated that the residential portion of 152 Barker Street might not have existing use rights as residential development constituted a conforming use within the 2A zone.  Therefore, development on that part of the subject site, for the purposes of commercial or multi-unit housing purposes would be prohibited. 

 

The applicant lodged an appeal under section 97 of the Environmental Planning and Assessment Act against the deemed refusal of the proposal.  The matter was heard in the Land and Environment Court on 23 September 2005.  All parties present sought to determine whether the whole of No. 152 Barker Street, which is currently a single storey brick and tile residence, had the benefit of existing use rights.  The judgement arising from this preliminary question identified that the whole of No. 152 Barker Street does enjoy existing use rights, being ancillary and subservient to the dominant use of the subject site as a laundry/dry cleaning business.

 

The recommendation is for approval, subject to conditions.

 

2.       THE PROPOSAL

 

The proposed development involves the demolition of all buildings on site and the construction of a mixed commercial/residential development, built within two envelopes and containing 18 residential units (6x1 bed room, 7x2 bed room and 5x3 bed room), commercial floor space and basement parking for 35 cars.  The proposed floor space area for the development will be 1.39:1.  A detailed list of what is proposed under the new development is provided below:

 

 

 

Lower Basement Level

 

§  21 residential parking spaces which includes 1 disabled space.

§  18 storage areas.

§  Bicycle storage area for 11 bicycles.

§  Stair and lift access (there are two lift wells) to upper levels.

§  Deep soil zones in the centre and to the rear.

 

Basement Level

 

§  14 parking spaces divided into 6 commercial spaces, 3 residential spaces, and 5 visitors spaces, two of which are disabled parking, with one disabled space doubling as a car wash bay. 

§  2 storage areas.

§  Separate residential garbage room and separate commercial garbage room.

§  Fan rooms, delivery area, stair and lift access.

§  Deep soil zones in the centre and to the rear.

 

Ground Floor

 

§  Commercial space fronting Barker Street with an area of 225 sq.m and containing a kitchen and two toilets including a disabled toilet.

§  5 apartments contained in the rear building, three of which are two level apartments.

§  Internal communal landscaped area between the commercial space and the residential units.

§  Each unit has a private landscaped courtyard.

 

First Floor

 

§  The building fronting Barker Street contains 3 units at this level (2 x 2 bedrooms and 1 x 1 bedroom) located around the central lift core. Each unit has a balcony facing Barker Street.

§  The rear building contains 5 units, three of which are the upper levels of the ground floor apartments.

 

Second Floor

 

§  The building fronting Barker Street contains 3 x 1 bedroom units, with each unit containing a balcony facing Barker Street. Access is obtained via the rear stairs or lift.

§  The rear building contains 5 units, two of which are two level apartments.

 

Third Floor

 

§  The rear building contains the upper levels of apartments 10 and 11 within the roof shape.  There is a north facing balcony to each unit on this level.

 

 

 

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is known as Lot 1 in DP81877, Lot 4 in DP 1039981 and Lot 4 in DP 165055, which comprise No.’s 152-156 Barker Street, Randwick.  The site is located on the southern side of Barker Street, midway between Jane and Young Streets, Randwick.  The total site area is 1,501m2, with a frontage to Barker Street of 35.2m and a rear width of 35.4m. The side boundaries are 36.575m (eastern) and 45.835m (western).

 

The site is currently zoned 2A Residential under Randwick Local Environmental Plan, and contains a single level laundry/dry cleaning business and associated car parking over No. 154 and 156 Barker Street.  No. 152 Barker Street contains a single storey brick and tile residence, with a small portion of the rear of the block also containing part of the laundry/dry cleaning business.  The laundry/dry cleaning business has operated in various forms since 1943.  The surrounding area contains a variety of uses including horse stables and sale yards, veterinary clinics, Prince of Wales Hospital, University of New South Wales, commercial buildings, residential dwellings and flat developments ranging from single storey to four storeys.

 

To the east and south of the site are the Inglis horse stables, to the west is single storey dwelling No. 150 Barker Street (recently purchased by the Inglis family).  To the north, across Barker Street, are residential buildings ranging in size from one storey to 4 storeys.  Two storey commercial development exists along Barker Street including the Prince of Wales Hospital and stable uses nearby.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

152 – 154 Barker Street, Randwick

 

·        BA – 03/1943 – Convert existing stable and building into factory (Laundry). Application approved 18 March 1943.

·        BA – 212/1946 – Extend existing factory (laundry) to the adjoining allotment (154 Barker Street). Application approved 2 May 1946.

·        BA – 220/1966 - Alterations and additions. Approved 1 Jan 1966.

·        BA – 144/1976 – Alterations and additions. Approved 1 Jan 1976.

·        BA – 1292/1981 – Spa Pool. Approved 1 Jan 1961.

·        BA – 696/1992 – Front fence to dwelling. Refused 3 August 1992.

 

156 Barker Street, Randwick

 

·        BA – 1369/1985 – 8 car spaces. Approved 1 January 1985.

·        DA – 297/1985 – Demolish the existing dwelling house and construct 8 car spaces for the existing Westley Dry Cleaners. Approved 26 November 1985.

·        DA – 91/1986 – Use existing outbuilding for offices and storage in conjunction with the adjoining dry cleaning business. Refused 1 October 1986.

·        DA – 26/1989 – Alterations and additions to be used for dry cleaning and laundry with existing building 152 – 154 Barker Street. Approved 5 April 1989.

·        BA – 420/1989 – Extensions to existing factory. Approved 6 April 1990.

There is no recorded history of the dwelling at 152 Barker Street being used for any use other than a residential dwelling.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the DCP – Public Notification. The original plans were notified on 19 May 2004.  The following submissions were received with respect to those plans:

 

Objections

 

R A  and V Walker

9 Jane Street

Randwick NSW 2031

 

§  Heritage – the site is in part of a heritage area that is listed for residential houses only 1 floor above ground level.

§  Privacy – The top three storeys look into the back area of houses in Jane Street and Middle Street.

§  Traffic – excessive traffic on Barker Street already.

§  Parking – There is already a shortage of parking in the area due to the schools, hospital and UNSW.

§  Noise – With many residential units and commercial offices in the plan noise must increase.

§  The planned building will be in a direct path of the rescue helicopter arriving from the south of the hospital.

§  Our house at 9 Jane Street will be shadowed for most of the winter months.

 

The Partners

Randwick Equine Centre

3 Jane Street

Randwick NSW 2031 (PO Box 195 Randwick NSW 2031)

 

§  Carpark ventilation – exhaust air from the car park is currently shown coming out from under the balcony to the apartments on the southern boundary. Concerns are raised over the exhaust air affecting the horses.

§  Overshadowing – Overshadowing to stables on southern side will affect  the area which will become cold and damp and will effect the health of the horses in winter.

§  Acoustics – The proposal will result in noise complaints from the new residences.

§  Side Boundary Setback and Building Scale - The scale of the proposal (four storeys) and setbacks (6 metres to the stables) will have a detrimental effect on the privacy of the existing stable complex and the medical nature of the work that is carried out within this area.

§  Traffic Management – the access ramp, ramp width and traffic movements will adversely affect the flow of traffic on Barker Street.

§  Existing Use Rights – The argument that 20 residential units are permissible due to Existing Use Rights is not valid.

§  Bulk and Scale – is totally out of character with the area and will dominate the streetscape when viewed from Barker Street. The four storey component set to the rear of the site will have a significant impact on the Barker St streetscape as there are no surrounding developments in the precinct of similar scale.

§  Commercial Activity – The actual commercial activity needs to be stipulated to ensure an assessment of its impact on adjacent properties can be made.

 

Sonia Crossly (Resident of 78 Middle Street, Randwick)

PO Box 4

St Pauls NSW 2031

 

§  Height contravenes building code.

§  Parking – problems with parking on Barker Street and Middle Street already occur and there are rarely traffic infringement officers in the area.

§  Barker Street traffic is and parking is at a premium due to the hospital, school and university.

§  Increased noise from higher density living and business.

§  Rodents – this is an ongoing problem and will increase with the overflow of garbage ion the new development.

 

Reg Ingliss

William Ingliss & Son Ltd

PO Box 477

Randwick NSW 2031

 

§  Acoustics – Concern relating to noise objections from residents in the apartments affecting Newmarket complex.

§  Overshadowing – to stable 2 will adversely affect the amenity of the building with regards to daylight and will detrimentally affect the viability of the operation.

§  Side Boundary Setback and Building Scale – The part of the development adjacent to the stables has no setback and is a 3 storey rendered and paint finish wall. This is believed to be totally outside the Council setback requirements and will have a detrimental impact on the amenity of the stable.

§  Site Contamination – Concern that soil contamination has affected the soil and water beneath stable 2 adjacent to the site. Request is made that a contamination investigation of the Ingliss Stable 2 site from the dry-cleaners be carried out and that costs be covered to remediate the site.

§  Site Excavation – Concern with respect to the impact of excavation on the structural stability of the stables. Concern over dewatering the site. Concern over detrimental impacts to water table as bore water is used to water the area.

§  150 Barker Street Overshadowing – the proposal will overshadow the dwelling at this site adversely affecting the residents access to sunlight and daylight.

§  Boundary and Building Setback – A boundary setback of 0m is proposed over three storeys, this will appear as a rendered blank wall and will affect the amenity and value of the property.

§  Visual Privacy – There are a number of apartments that view to the rear of the existing house and backyard, which will have a detrimental affect on privacy.

§  Land locking – 150 Barker Street is owned by Inglis and sons and will become land locked from the rest of the stables.

 

 

 

3 Jane Street (Randwick Equine Centre) (second submission)

 

§  Carpark Ventilation – concern over exhaust air from carpark affecting stables and health of horses.

§  Overshadowing – overshadowing of stables adversely affecting use of stables.

§  Acoustics – concern over noise objections from resident in proposed apartments due to operations carried out at the vets in 3 Jane Street.

§  Site contamination – Concern over the possible contamination of the  adjacent site.

§  Traffic Management – Impact to Barker Street of vehicles queuing to enter the site.

§  Existing Use Rights – Existing use rights would permit the commercial aspect of the development however it would not permit the residential apartments.

§  Bulk and Scale – The proposal is inconsistent with the bulk, scale and style of development in the area and is therefore uncharacteristic. The envelope, four storeys and setbacks impact upon the stables. The proposal does not conform to the Struggletown Conservation Policy.

§  Interallotment Drainage – The proposed onsite detention does not comply with existing stormwater drainage allowances.

§  Window Openings – On the upper floor that are east facing are within 3m of the boundary and expose a potential fire source feature to the adjacent stables.

§  Commercial Activity – the proposed commercial activities need to be identified now so that the impact can be gauged and assessed.

 

R A  and V Walker (second submission)

9 Jane St

Randwick NSW 2031

 

§  Heritage Privacy – This is a heritage area restricted to two storeys, the proposed structure will overlook the backyard and all other backyards in Jane Street and Middle Street.

§  Property will be in shadow in winter.

 

Amended Plans 12/11/04

 

Amended plans were received on 12 November 2004 and were notified and advertised in accordance with the Local Environmental Plan 1998. The amended plans reduced the number of units to 18 (6 x 1br, 7 x 2br, 5 x 3br), reduced the third floor at the rear to two units contained within the roof pitch, re-configured units internally and reduced the overall height and bulk.  The following submissions were received with respect to the amended plans:

 

Objections

 

R A and V Walker

9 Jane Street

Randwick NSW 2031

 

§  Heritage area with height restricted to 2 storeys,

§  Structure will overlook rear yards of dwellings on Jane and Middle Streets,

§  Overshadowing to adjacent southern properties,

§  Traffic issues associated with Barker Street and the hospital,

§  Parking impact and associated traffic and noise,

§  Construction noise combined with existing noise from helicopters, ambulances, etc will affect amenity.

 

The Partners

Randwick Equine Centre

3 Jane Street

Randwick NSW 2031 (PO Box 195 Randwick NSW 2031)

 

§  Carpark ventilation – exhaust air from the car park is currently shown coming out from under the balcony to the apartments on the southern boundary. Concerns are raised over the exhaust air affecting the horses.

§  Overshadowing – Overshadowing to stables on southern side will affect  the area which will become cold and damp and will effect the health of the horses in winter.

§  Acoustics – The proposal will result in noise complaints from the new residences.

§  Side Boundary Setback and Building Scale - The scale of the proposal (four storeys) and setbacks (6 metres to the stables) will have a detrimental effect on the privacy of the existing stable complex and the medical nature of the work that is carried out within this area.

 

Arthur Ingliss

William Ingliss & Son Ltd

PO Box 477

Randwick NSW 2031

 

§  Acoustics – Concern relating to noise objections from residents in the apartments affecting Newmarket complex.

§  Overshadowing – to stable 2 will adversely affect the amenity of the building with regards to daylight and will detrimentally affect the viability of the operation.

§  Side Boundary Setback and Building Scale – The part of the development adjacent to the stables has no setback and is a 3 storey rendered and paint finish wall. This is believed to be totally outside the Council setback requirements and will have a detrimental impact on the amenity of the stable.

§  Site Contamination – Concern that soil contamination has affected the soil and water beneath stable 2 adjacent to the site. Request is made that a contamination investigation of the Ingliss Stable 2 site from the dry-cleaners be carried out and that costs be covered to remediate the site.

§  Site Excavation – Concern with respect to the impact of excavation on the structural stability of the stables. Concern over dewatering the site. Concern over detrimental impacts to water table as bore water is used to water the area.

§  150 Barker Street Overshadowing – the proposal will overshadow the dwelling at this site adversely affecting the residents access to sunlight and daylight.

§  Boundary and Building Setback – A boundary setback of 0m is proposed over three storeys, this will appear as a rendered blank wall and will affect the amenity and value of the property.

§  Visual Privacy – There are a number of apartments that view to the rear of the existing house and backyard which will have a detrimental affect on privacy.

§  Land locking – 150 Barker Street is owned by Ingliss and sons and will become land locked from the rest of the stables.

 

3 Jane Street (Randwick Equine Centre)

 

§  Car Park Ventilation – concern over exhaust air from carpark affecting stables and health of horses.

§  Overshadowing – overshadowing of stables adversely affecting use of stables.

§  Acoustics – concern over noise objections from resident in proposed apartments due to operations carried out at the vets in 3 Jane Street.

§  Site contamination – Concern over the possible contamination of the adjacent site.

§  Traffic Management – Impact to Barker Street of vehicles queuing to enter the site.

§  Existing Use Rights – Existing use rights would permit the commercial aspect of the development however it would not permit the residential apartments.

§  Bulk and Scale – The proposal is inconsistent with the bulk, scale and style of development in the area and is therefore uncharacteristic. The envelope, four storeys and setbacks impact upon the stables. The proposal does not conform to the Struggletown Conservation Policy.

§  Interallotment Drainage – The proposed onsite detention does not comply with existing stormwater drainage allowances.

§  Window Openings – On the upper floor that are east facing are within 3m of the boundary and expose a potential fire source feature to the adjacent stables.

§  Commercial Activity – the proposed commercial activities need to be identified now so that the impact can be gauged and assessed.

 

Comment:  The amended plans significantly addressed many of the concerns of the neighbours.  The Court has resolved the question of existing use rights in favour of the applicant.  As the property has existing use rights, the non-compliance with numeric controls is no longer a valid reason for rejecting the application.  The development provides reasonable levels of privacy and ensures adequate levels of solar access to neighbouring properties.  Many of the technical concerns are covered in detail in the detailed assessment in this report.

 

Amended Plans 2/02/05

 

Additional amended plans were received 2 February 2005, which altered the vehicle entrance slightly, changed ramp grades internally, and reconfigured dwellings internally to improve amenity. These alterations were not notified as they resulting in no additional impact to adjacent properties.

 

6.       TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers for comment.  Where necessary, external bodies and the following comments have been provided:-

 

6.1     Development Engineer

 

An amended application has been received for the construction of a residential flat building at the above site containing 18 apartments, one commercial tenancy and basement car parking for 35 vehicles.

 

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

 

§  Drawing DA01 (Ground Floor Plan) dated 31 January 2005, by Noel Bell, Ridley Smith & Partners

§  Drawing DA 05 (Basement 1 Floor Plan) dated 31 January 2005, by Noel Bell, Ridley Smith & Partners

§  Landscape plan-01 (revision F) dated April 2004, prepared by McGregor & Partners Landscape Architects

§  Section and images plan-02 (revision C) dated April 2004, prepared by McGregor & Partners Landscape Architects

§  Report titled ‘Dewatering Requirements During Construction – Proposed mixed use development for 152-156 Barker Street, Randwick’  dated 11 November 2004, by Golder Associates Pty Ltd

§  Facsimile from Noel Bell, Ridley Smith and Partners dated 3 August 2004

 

6.2     Landscape Comments

 

Towards the front of the site, along the eastern boundary, there is a row of four (4) Syagrus romanzoffianum (Cocos Palms) varying in height between 4-6 metres. Although covered by Council’s Tree Preservation Order, these palms are not deemed significant specimens and are not deemed worthy of retention. Although the amended plans show these palms as being transplanted into a raised planter adjacent to their current position, this is not deemed necessary as it would be more feasible to provide new palms in this area. As such, approval is granted for the removal of these four palms.

 

There are also two (2) Ficus microcarpa var. ‘Hillii’ (Hills Weeping Figs) of approximately 6m in height immediately to the south of these palms. Although these trees are covered by Council’s Tree Preservation Order, they are considered inappropriate due to their invasive and aggressive root system. As such, approval is granted for the removal of both trees, subject to the provision of replacement planting.

 

There are four (4) Syagrus romanzoffianum (Cocos Palms) of approximately 5-6 metres in height, towards the southwest corner of the site. Although covered by Council’s Tree Preservation Order, these palms are not deemed significant specimens and are not deemed worthy of retention, as such, approval is granted for the removal of these four palms subject to replacements being provided in this area of the site.

 

6.3     Drainage Comments

 

On site stormwater detention is required for this development.

 

The applicant proposes to discharge site stormwater to Middle Street via an existing private drainage easement. It is noted that the applicant submitted additional information dated 3 August 2004 confirming the presence and legal use rights over the existing easement.

 

Prior to the issuing of a construction certificate, the applicant shall submit to the certifying authority full details regarding the size, condition and location of the existing stormwater pipeline/s draining from the subject development site through the private drainage easement to Middle Street.

 

The pipeline/s (within the easement) shall be capable of conveying at least the 1 in 20 year flows (it is noted that this includes the controlled runoff from the subject development site plus any other flows currently draining through the easement from adjoining sites). Should the capacity of the existing pipeline/s be inadequate for conveying the 1 in 20 year flows, the applicant shall meet all costs associated with upgrading the pipeline/s as required.

 

Further, the easement shall be suitably contoured to convey all stormwater up to the 1 in 100 year storm event through to Middle Street without adversely affecting any properties. Should the easement be unable to contain the 1 in 100 year flows, the pipeline/s through the easement shall be further upgraded to ensure that the 1 in 100 year flows are appropriately managed.

 

Should the existing pipeline/s be used to convey stormwater flows from the development site through to Middle Street, the existing pipeline/s shall be cleared of any rubbish/debris and any damaged sections shall be repaired/replaced prior to connecting the new stormwater outlet into the existing pipeline/s.

 

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

 

6.4     Flooding Comments

 

To prevent possible stormwater inundation into the new development, the floor levels of all new habitable, commercial and storage areas (excluding the basement car parking areas) shall be a minimum of 300mm above the back of the existing Council footpath (or suitably protected from flooding up this same level). A high point shall also be provided along the full width of driveways and any other access points to the basement levels that is at least 300mm above the back of the existing Council footpath.

 

The applicant was advised of these requirements, and has since submitted amended plans (including a driveway long section) showing:

 

(i)      The floor levels of the commercial premises being raised 300mm above the existing footpath level at the pedestrian access point ( i.e. to RL 44.30 metres (AHD)); and

(ii)     A high point along the driveway which is 300mm above the back of the existing concrete footpath (i.e. to RL 44.26(AHD)).

 

It is considered that the amended plans satisfactorily address the potential flooding issues raised in our previous memo.

 

6.5     Traffic Comments

 

The average traffic generation for the proposed residential development consisting of 18 residential units will be in the range of 72 to 90 vehicle movements per day.

 

The expected peak flow volume of approximately 9 vehicles per hour is considered low and no delays should be experienced in Barker Street as a result of this development.

 

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

 

The driveway opening at the Barker Street frontage must be minimum 5.50 metres wide and located at least 1.5 metres clear of the side property boundary.

 

The internal driveway must be a minimum 5.50m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

6.6     Groundwater Comments

 

The submitted geotechnical report by Golder Associates (dated April 2004) indicates that groundwater will be encountered within the depth of the proposed basement excavation. Consequently, it is understood that the application requires referral to DIPNR as integrated development. The DPCD should ensure that all comments/conditions from DIPNR are incorporated into any development approval issued for the site.

 

Further to the geotechnical report referred to above, the applicant has submitted a report by Golder Associates titled: ‘Dewatering Requirements During Construction – Proposed mixed use development for 152-156 Barker Street, Randwick’ (dated 11 November 2004).

 

This report was prepared to address several issues raised by DIPNR and details the proposed method of excavation and dewatering that will be adopted to ensure that the impact on adjoining properties is minimal. The report indicates that the basement will be constructed with a secant pile wall around the perimeter which will be socketed into the underlaying sandstone. Whilst this proposal will minimise the draw down radius associated with dewatering, it may also impede the flow of groundwater through the site. Given that the basement structure extends across the full width of the site, it is not possible to provide trench drains around the basement (within the subject site) to direct groundwater flows through the development site.

 

To ensure that the proposed development will not dam or slow the movement of groundwater through the site, the following deferred commencement condition has been included in this report:

 

Prior to this consent becoming operational, the applicant shall submit details from suitably qualified structural and geotechnical engineers outlining how it is proposed to ensure that the proposed development will not dam or slow the movement of groundwater through the site. This report shall include details regarding how provision will be made for groundwater to flow around/under the subject development (assuming that the adjoining sites may also redevelop and construct basement car parking areas in the future).

Note: Should the proposed amendments result in any increase in the dewatering drawdown radius, an amended excavation and dewatering report shall be submitted to ensure that the proposed modified construction technique will not result in detrimental damage to adjoining properties.

 

Excavation, shoring and dewatering of the site shall be undertaken in accordance with the details contained in the report by Golder Associates titled: ‘ Dewatering Requirements During Construction – Proposed mixed use development for 152-156 Barker Street, Randwick’ and subsequent information submitted to Council in accordance with deferred commencement condition 1.  The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

A suitably qualified geotechnical consultant shall be engaged to supervise/monitor construction of the proposed basement structure and ensure that all works are undertaken in accordance with the details set out in the dewatering report (referenced above).

 

The applicant shall obtain a Water License (for temporary dewatering) from the Department of Land and Water Conservation prior to the issuing of a construction certificate.

 

A dilapidation survey of the surrounding properties and infrastructure shall be undertaken by a suitably qualified person prior to commencement of work on the site.

 

Additional Note:

 

The DPCD should ensure that the submitted dewatering report has been referred to environmental health and the building certification unit for consideration prior to the issuing of development approval, and that any relevant comments/conditions are included in the report. In particular it is noted that consideration should be given to:

 

§  The proposed pumping system – allowable noise levels and hours of operation should be specified; and

§  Groundwater quality and it suitability for discharge into the stormwater system.

 

Awning Comments

 

The minimum clear distance from the existing footpath levels along the Barker Street site frontage to the underside of the proposed awning (or any attached signage) shall be 2.60 metres. It is noted that all new awnings shall be set back a minimum of 0.60 metres from the kerb alignment.

 

Council’s landscape technician has indicated that there is sufficient width available in front of the proposed awning to facilitate planting of tree street trees.

 

Should the application be approved the following deferred commencement condition shall be complied with prior to the consent becoming operational:

 

Prior to this consent becoming operational, the applicant shall submit details from suitably qualified structural and geotechnical engineers outlining how it is proposed to ensure that the proposed development will not dam or slow the movement of groundwater through the site. This report shall include details regarding how provision will be made for groundwater to flow around/under the subject development (assuming that the adjoining sites may also redevelop and construct basement carparking areas in the future).

 

Note: Should the proposed amendments result in any increase in the dewatering drawdown radius, an amended excavation and dewatering report shall be submitted to ensure that the proposed modified construction technique will not result in detrimental damage to adjoining properties.

 

6.7       Building Services comments

 

The Proposal

 

The proposal provides for the demolition of the existing dwelling and the erection of a 4  storey mixed commercial and residential multi unit housing building, with  a  2 level basement car park.

 

BCA Building Classification

 

Class 6            -           Retail/Shops

Class 2            -           Residential units

Class 7a          -           Car park

 

Background

 

The existing buildings on the sites are a pre war brick cottage and a part 1 and part 2 storey commercial dry cleaning business bounded by buildings of a similar nature.

 

Key Issues

 

Site Management:

No information in relation to construction site management has been provided with the application to fully address issues such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety, perimeter safety fencing and construction management.

 

Standard conditions have been included in the consent to address a range of construction site management issues.

 

Building Code of Australia (BCA):

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

 

Access for people with a disability:

The proposal does not appear to satisfy the BCA requirements and DDA objectives, in relation to access and facilities for people with a disability.

 

 

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

 

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

 

Conclusion:

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

 

6.8     Heritage Comments.

 

The subject site is within the Struggletown Conservation Area and is occupied by a dwelling house and a large single storey building used as a drycleaners.  The signage to the eastern boundary and the pylon sign to the Barker Street frontage particularly detract from the streetscape of the Conservation Area.  The building is well set back from the street providing generous car parking area.  To the east of the site is a stables building of relatively recent construction, part of the WA Inglis complex.  To the west of the subject site is a single storey dwelling dating from the post war period.  Further to the west, with a frontage to Jane Street, is a two storey Victorian building comprising ground level shop and upper level residential/commercial.  The Statement of Significance for the Conservation Area notes that many of the buildings in the Conservation Area are single-fronted, weatherboard, stone, or brick Victorian workers cottages, and that there is a small grouping of Federation and Inter-War period shops at the corner of Barker Street and Jane Street.  The Statement of Significance also notes that the presence of stables buildings, including the large Newmarket complex, as continuing evidence of the areas association with the horse racing industry.

 

The application proposes to demolish the existing buildings on the site and construct a new mixed development, comprising a three storey building at the front of the site, adjacent to Barker Street and a four storey building at the rear of the site.

 

The application has been the subject of a formal pre-lodgement meeting at which concerns were raised in relation to the scale of the proposed building at the rear of the site, compared to the scale of adjacent buildings.

 

The application has been accompanied by a Heritage Impact Assessment prepared by Noel Bell Ridley Smith and Partners.  My earlier memo on the development application proposal raised concerns in relation to the scale of the building at the rear of the site and the scale and setback of the building at the front of the site.  Amended drawings have now been received which somewhat reduce the bulk and scale of the proposal.  As compared to the original development application drawings, the current proposal has reduced the height of the vertical element on the north east corner of the building, and significantly reduced the extent of the fourth level of the building at the rear of the site.

 

In relation to the demolition of the existing outbuildings, it is noted that these may date from before the 1890s.  The HIA considers that the two storey building at the south western corner of the site may have some heritage significance, but has been compromised by alterations and additions, including removal of large sections of brickwork, alterations to fenestration, a new roof and new floor structure.  A consent condition should be included requiring archival recording of the building and advising of procedure in the event that archaeological remains are discovered.

 

In relation to the scale of the proposed building to the front of the site, it is noted that the new building has a two storey scale to Barker Street, which is generally consistent with the two storey buildings further to the west.  The reduction in height of the vertical element should minimise the contrast in scale between the proposed building and the adjacent single storey stables building.

 

In relation to the scale of the proposed building to the rear of the site, it is noted that the current proposal has its fourth level set further back from the rear and side elevations.  The reduction in extent of the fourth level of the building the improve the consistency of the proposal with the single storey scale of surrounding buildings in the conservation area and will considerably reduce its visibility from Barker Street and surrounding properties.

 

The following conditions should be included in any consent:

 

·        An archival recording of the former stables building at the rear of the property shall be prepared and submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  This recording shall be in accordance with the Guidelines for the preparation of archival recordings set out by the NSW Heritage Office.  Three copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library

 

·        The colours, materials and finishes of the external surfaces to the building are to be compatible with surrounding buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

·        In the unlikely event that historical archaeological remains or deposits are exposed during the works, all work should cease while an evaluation of their potent extent and significance is undertaken and the NSW Heritage Office notified under the requirements of the Heritage Act.

 

6.9     Environmental Health comments

 

The proposal

 

Demolition of existing buildings construction of four, one bedroom units and sixteen, two bedroom units and ground floor commercial basement parking for 37 car spaces over two levels.

 

Key Issues

 

Contamination

 

Contamination is considered and as a result the following reports have been submitted to Council:

 

1.       Golder Associates – Report on preliminary contamination investigation 152-156 Barker Street, Randwick. April 2004.

2.       Golder Associates – Groundwater Sampling and Analysis – 152-156 Barker Street, Randwick11 November 2004.

3.       Golder Associates – Dewatering requirements during Construction – 152-156 Barker Street, Randwick11 November 2004.

4.       Golder Associates – Summary of contamination status – 152-156 Barker Street, Randwick23 November 2004.

5.       Aargus Australia – Peer Review of property 152-156 Barker Street, Randwick – 30th March 2005.

 

Based on the information with Council and the advice of the peer review, which confirms previous conclusions by Golder Associates –

                  

“that the development can be made suitable for the intended use”

 

It’s recommended that the conditions detailed in this report be included in any future consent should approval be given.

 

Noise

Acoustics amenity was considered an issue and the issuers have been addressed in report produced by Wilkinson Murray Acoustic Report November 2004. it is considered that the applicant has addressed noise amenity and appropriate conditions have been included in this consent.

 

6.10   Design Review Panel Comments

 

The original proposal was referred to the design review panel in June 2004 and the panel recommended several alterations including a reduction in bulk of the rear building, internal reconfiguration, reducing the corner element to the façade and reducing the high blank walls to the sides.

 

The proposal was amended in response to this and issues raised by Council Officers and the amendments were seen again by the panel in September 2004. Comments from the September panel are provided following: 

ITEM:

2

Date of Report:  September 2004

Application Number and Address

DA

Date of Meeting:

September 6th 2004

Attendance:

Andrew Duffin, Michel Doueihi

Panel members:

Stephen Davies (Chair), Philip Thalis, Kerry Clare & Nick Murcutt 

Council Staff:

Fiona Heretis

Applicant’s Name and Representative

As Above

 

INTRODUCTION

 

It was noted that this was a Development Application and the third Panel meeting with the applicant.

 

A copy of the ten SEPP 65 Design Quality Principles is attached.  The Panel’s comments, set out below, are to assist Randwick Council in its consideration of the application, and to assist applicants to achieve better design outcomes in relation to these principles.

 

The absence of a comment under any of the heads of consideration does not necessarily imply that the Panel considers the particular matter has been satisfactorily addressed, as it may be that changes suggested under other heads will generate a desirable change.

 

The Panel draws the attention of applicants to the Residential Flat Design Code, as published by Planning NSW (September 2002), which provides guidance on all the issues addressed below.

 

This document is available from the Department of Infrastructure Planning and Natural Resources.

 

Note:

 

To address the Panel's comments, the applicant may need to submit amended plans.  Prior to preparing any amended plans, the applicant should discuss the Panel's comments and any other matter that may require amendment with the assessing Planning Officer.

 

When addressing the Panel's comments by way of amendments, if the applicant does not propose to address all or the bulk of the Panel's comments, and wishes to make minor amendments only, then it should be taken that the Panel considers the proposal does not meet the SEPP 65 requirements.  In these instances it is unlikely the scheme will be referred back to the Panel for further review.

 

PANEL COMMENTS

 

1.       Relationship to the Context of the Proposal

 

The proposal is located in a sensitive context, notably the "struggle town" precinct, adjoining to the south.  Many other buildings of varying scale and use exist in the proximity of the site, i.e. the hospital and stables.

 

 

 

 

2.       The Scale of the Proposal

 

The fourth storey and the lift shaft level have been significantly reduced and this is an improvement, however the impact from within the struggle town precinct needs to be clarified.

 

3.       The Built Form of the Proposal

 

As stated in previous report the rear building is required to be further setback on the stable (east) side. 

 

4.       The Proposed Density

 

5.       Resource and Energy Use and Water Efficiency

 

Comments as per previous report.

 

6.       The Proposed Landscape

 

The line of trees to the east of the site, adjoining the stables is to be retained.

 

A reduction in FSR should allow for more landscaping.

 

A basement plan has not been included in this submission.  The basement footprint and landscape area need to be assessed.

 

7.       The Amenity of the Proposal for its Users

 

The Panel considers that some of the south facing bedrooms are too small. 

 

The internal planning of some of the apartments is considered unacceptable due to contorted planning that leads to dark interiors and reduced air flow.  Some of the living rooms are too small compared to the large bedroom areas

 

Furniture layouts on plans are required.

 

The entry to units should be reconsidered, including the internal stairs.

 

8.       The Safety and Security Characteristics of the Proposal

 

9.       Social issues

 

10.     The Aesthetics of the Proposal

 

There has been improvement in the design quality of the scheme from the last presentation to the Panel.

 

 

 


SUMMARY AND RECOMMENDATIONS

 

Since the last meeting with the Panel, positive design changes have been incorporated into the scheme.

 

The Panel considers that if the applicant addresses all the issues as outlined above, in association with the assessing planner, there is no need to see the application again.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

This assessment has regard to the fact that existing use rights have been established on the subject site and that planning instruments that detract (or derogate) from the existing use rights do not apply to the assessment of applications on sites with existing use rights.  The development application has been assessed with consideration of the provisions of the following relevant planning documents:

 

-        Environmental Planning and Assessment Regulations 2000.

          Environmental Planning and Assessment Act 1979 as amended.

          State Environmental Planning Policy No. 55 – Remediation of Land

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

          Randwick Local Environmental Plan 1998.

-        SEPP 65 Residential Flat Design Code.

-        Development Control Plan – Parking.

 

7.1     Environmental Planning and Assessment Regulation (EPAR) – Part 5 Existing Uses

 

The subject site has been identified as having existing use rights and can be determined pursuant to Part 5 of the Environmental Planning and Assessment Regulation.

 

Given the existence of existing use rights, the proposal may:

 

(a)     Be enlarged, expanded or intensified, or

(b)     Be altered or extended, or

(c)     Be rebuilt, or

(d)     Be changed to another use, including a use that would otherwise be prohibited under the Act.

 

7.2     Environmental Planning and Assessment Act (EP&A Act) s91 – Integrated Development

 

The proposed application was referred to the Department of Infrastructure, Planning and Natural Resources on 18 November 2004, as the site requires dewatering for the construction of the basement area. The Department offered the following comments:

This letter is presented in response to your correspondence dated 18th November 2004 concerning DA 298/2004 requesting information on the requirements of NSW Department of Infrastructure, Planning and Natural Resources with respect to temporary dewatering for the purposes of construction relating to the above Integrated Development.

 

The technical documentation referred to the Department has been reviewed viz. letter report prepared by Golder Associates dated 11th November2004.

 

From the documentation supplied it is evident that

 

§  the basement will be up to 6m deep (about RL 38.0m);

§  as the water table is around 4.5m depth below ground level the construction site will require dewatering to enable basement construction; and

§  the construction of the basement will require that the sides of the excavation are retained in the Botany Sands and the concept design includes a ‘water-tight’ retention system (by means of secant pile wall (or similar) structure socketed in the Hawkesbury Sandstone basement.

 

Accordingly, extractive pumping will only be required for the groundwater contained with the retention support system.

 

Accordingly, some initial dewatering of the proposed construction site will to be required but with the removal of groundwater (from saturated sands) within the water-tight retention system further inflows are expected to be negligible.

 

The Golder Report has satisfactorily addressed the Department’s information requirements concerning temporary construction dewatering and General Terms of Approval (GTA’s) have been prepared (see attachment).

 

Amendments to plans

 

If any of technical information or plans are amended, from the report presented to us, you need to contact the Department. The reason for this is to ascertain if the new reports/plans should also be reviewed, as any amendments may require changing the initial response.

 

Proposal determination

 

Any Consenting Authority is required by the legislation (Section 91A(6)) to send the Department a copy of any determination of the proposal, including any refusals. This will also enable us to complete our records in this matter.

 

Application for a water licence

 

The GTAs are not the actual licence. They are the conditions under which the Department would, in principle, accept the proposed development activity.

The applicant must obtain and complete to the satisfaction of the Department an Application for a Water Licence after any consent has been issued, and before commencement of any works.

The licensing matter will be dealt with upon request, by contacting the Sydney South Coast Regional Water Licensing Officer Wayne Conners phone contact (02) 9895 7194. The licence can be finalised once all required technical documentation has been supplied (including the consent).

 

Receipt of water licence

 

The Department recommends that a condition of consent requires the proponent to present proof of receiving the Water Licence, before any Construction Certificate is issued. The reason for this is that no works can commence before a licence is obtained.

 

7.3     State Environmental Planning Policy (SEPP) No. 55 – Remediation of Land

 

The proposed development satisfies the requirements of this SEPP. This matter has previously been addressed in the health officers comments in section 6 above.

 

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

 

The proposal has been considered by the Design Review Panel for its consistency with the principles of SEPP 65.  SEPP 65 also provides objectives and benchmarks for an acceptable quality of residential development and therefore has been used as a guide for the assessment of this scheme.  This is particularly important given the lack of weight that can be given to the regular planning controls because of the existing use rights provisions that apply to the site.

 

A detailed assessment of the scheme against the principles and objective contained within the Residential Flat Design Code is provided in Section 8.0 ASSESSMENT of this report.

 

7.5     Randwick Local Environmental Plan 1998 (RLEP)

 

The site is zoned 2A Residential under Randwick Local Environmental Plan 1998.  Commercial uses and multi-unit housing are prohibited under Clause 10 (4) of RLEP.  A decision made in the Land and Environment Court on 23/09/05 determined that the whole of No. 152 Barker Street could be determined pursuant to Section 5 of the Environmental Planning and Assessment Regulation.  Therefore, the commercial and residential components of the existing site are considered existing uses and may:

 

(a)     Be enlarged, expanded or intensified, or

(b)     Be altered or extended, or

(c)     Be rebuilt, or

(d)     Be changed to another use, including a use that would otherwise be prohibited under the Act.

 

This determination supersedes Council’s legal advice that the dwelling on 152 Barker Street constitutes a conforming use and does not enjoy existing use rights.  The applicant is therefore able to seek council consent to develop the site for otherwise prohibited uses.

 

Development in Barker Street, although zoned 2A, is not typical of a 2A residential area.  Barker Street has a mix of commercial and residential uses, as well as forming the perimeter road of the Prince of Wales Hospital and University of NSW.  An entry gate to the hospital is located in close proximity to the subject site.  Given the existing use rights of the proposal and the varied residential, commercial and special uses along Barker Street, the 2A controls applying to the site have less significance than might be the case on other 2A zoned sites.  Consideration of SEPP 65 Residential Flat Design Code is also required to provide a thorough assessment of the planning merits of the development.

 

Development Controls 2A Zone

These controls have less relevance to an existing use, but can assist in identifying the development character desirable in a 2A zone and which applies to adjoining land.  The zoning of adjoining land is made more complex by the prospect that adjoining or nearby sites may also have the benefit of existing use rights and therefore have different development potential than usually allowed in the 2A zone.  The adjacent equine centre and Newmarket horse centre were subject to a site specific LEP to allow those uses.  These uses are not generally allowed in 2A zoned land.

 

Clause 32 - Floor space ratio

The maximum permissible FSR for buildings other than residential dwellings in the 2A zone is 0.5:1.  The proposal has an FSR of 1.39:1, which is significantly greater than the maximum permissible floor space of surrounding development in the zone.  These figures provide little assistance in the assessment of the scheme due to the varied nature of surrounding devleopm4nt and the issue that adjoining sites may not be constrained by the 2A zone development controls.

 

Clause 33 - Building heights

The maximum permissible height for buildings other than residential dwellings the 2A zone is 9.5m.  The front mixed-use building on the Barker Street alignment is approximately 3.2m higher than the Inglis stables to the east and 4.2m higher than adjoining dwelling No. 150 Barker Street, also owned by the Inglis family.  Should No. 150 Barker Street be redeveloped in the near future, the development would be able to achieve a 9.5m height under the 2A zoning for a non-residential use (no height limit applies to residential dwellings), therefore the height of the proposal is compatible with the permissible height limit of the adjoining site.

 

The proposed rear residential flat building is approximately 13m high, which is taller than the Inglis stables and permissible height limit of No. 150 Barker Street.  The adjoining sites to the rear are subject to 2A zone but given the unusually large site may have a different development potential than normally applicable in the 2A zone if redevelopment was contemplated.  On the basis of the development potential of surrounding development, the varied character of the area and the minimal amenity impacts, the proposed height is considered satisfactory.

 

Clause 40 – Excavation and filling of land

 

Council consent is required for any proposal to excavate or fill land.  When considering consent, Council must have particular regard to:

 

(a)     The likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality, and

(b)     The effect of the proposed works on the likely future use or redevelopment of the land.

 

The proponent has prepared a geotechnical report, and has sought the consent of the NSW Department of Infrastructure, Planning and Natural Resources to undertake dewatering activities associated with the basement car park.  Groundwater issues have been considered by Asset and Infrastructure Services in Section 6 of this report.

 

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

 

RLEP identifies specific heritage conservation areas, which require additional heritage matters to be considered in the assessment of development within a conservation area.  The proposal is located within the Struggletown Heritage Conservation Area, requiring consideration of the following:

 

(a)     The pitch and form of the roof, if any, and

(b)     The style, size, proportion and position of the openings for windows and doors, if any, and

(c)     The colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

 

Council’s Heritage Planner has considered the heritage impacts of the proposal in Section 6 of this report.

 

The proponent has prepared a Heritage Impact Assessment addressing the impacts of the proposal, including the removal of outbuildings, which may have some heritage significance and consideration of the proposal’s impact on the Struggletown Conservation Area.  The statement highlights that any contributory aspects of existing dwelling and outbuildings on the site have been diminished, due to significant alterations over the years.  The statement also discusses how the proposal design will contribute to the visual character of the conservation area, drawing on the mixed-use character of shops and residences along Barker Street.  The proposal will be contained within its current site boundary and create a new, active façade to Barker Street.  The height and form of the proposal will create a relationship with the commercial development to the west of the subject site.

 

8.       MERIT ASSESSMENT

As the subject site constitutes an existing use, the 2A zoning controls, Dwelling Houses and Attached Dual Occupancies DCP and Multi-Unit Housing DCP have diminished relevance to the site.  The judgement Fodor Investments v Hornsby Shire Council, 2005, NSWLEC 71 identified that four questions usually arise in the assessment of existing use rights, namely:

 

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

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

§  What are the impacts on adjoining land?

§  What is the internal amenity?

 

These considerations have been taken into account in the assessment of the application.  They have been considered alongside the principles of the SEPP 65 Residential Flat Design Code, which is recognized as current best practice in residential flat development.  The assessment has given consideration to the amenity of the proposal for residents as well as any impacts of the proposal on the amenity of surrounding development.  Consideration has also been given to the development potential of the adjoining property to the west of the subject site, No. 150 Barker Street, which is currently a single storey dwelling but capable of redevelopment.

 

Part 1 - Local Context

 

Relating to local context

 

The proposal is located in the vicinity of Prince of Wales Hospital, University of NSW, commercial development, single to four storey residential development, public transport and public open space reserves.  The local context of Barker Street, although zoned 2A and in areas part of the Struggletown Heritage Conservation Area, is appropriate to multi-unit and mixed-use development.

 

The subject site enjoys existing use rights as a result of the continued commercial use of the site.  Existing use rights extend to the residential dwelling No. 152 Barker Street, as the dwelling has been ancillary and subservient to the commercial operation.  The proposal aims to draw on these rights to construct a modern, mixed use commercial and retail development that is appropriate to the Barker Street locality.

 

Building height

 

The front building of the proposal maintains a height relationship with the Struggletown Veterinary Clinic on the corner of Barker and Jane Streets.  The rear residential flat building is setback from the front building, reducing the visual impact of the larger building from Barker Street.  Both buildings are significantly articulated and enhanced to provide an interesting, textured design and to reduce the appearance of bulk.  In the context of the commercial, educational and hospital uses that surround the subject site, the increased height of the residential flat building is considered appropriate to the character of Barker Street.

 

The proposal is noticeably higher than the immediate adjoining development, Inglis Stables and No. 150 Barker Street.  The front mixed-use building on the Barker Street alignment is approximately 3.2m higher than the Inglis stables to the east and 4.2m higher than adjoining dwelling No. 150 Barker Street, also owned by the Inglis family.  Should No. 150 Barker Street be redeveloped in the near future, the development would be able to achieve a 9.5m height if a non-residential use and no height limit applies to residential dwelling, therefore the height of the proposal is appropriate to the permissible height limit of the adjoining site.  The proposed rear residential flat building is approximately 13m high, which is taller than the Inglis stables and permissible height limit of No. 150 Barker Street.

 

The proposed height permits greater than 3 hours sunlight to all of the principle outdoor recreation area of adjoining dwelling No. 150 Barker Street during mid winter.  The proposal will create an overshadowing effect on the adjoining stables in mid winter, however at least three hours of solar access will be available to the Barker Street stables west of the subject site. 

 

The stables to the east and south of subject site both have a nil setback to the subject site boundary and are likely to experience some overshadowing from the existing laundry/dry cleaners.  Overshadowing of the stable areas will mostly be onto the stable roof.  Transparent panels have been included along the western roof edge of the Barker Street stables to improve solar access into the stables.  These panels appear to exist at the front half western roof form only.  The majority of these transparent panels align with the communal open space area of the proposal and will have minimal impact on solar access to the stables.

 

The rear of the existing commercial operation on the site is built to the rear property boundary and is likely to overshadow the stables to the south, which are also built to the property boundary.  The proposal aims to provide a rear courtyard area, 5m deep.  The provision of a 5m setback off the boundary will assist in reducing the overshadowing impact on the stable to the south of the site, delivering a situation that is only a marginal increase on the shadowing situation that presently exists.

 

Building depth

 

The residential flat design code specifies that in general, an apartment building depth of 10-18 metres is appropriate to allow cross ventilation and access to sunlight.  The proposal is generally consistent with this principle.

 

Building separation

 

The residential flat design code specifies that for buildings up to four storeys, 12m should exist between balconies and habitable rooms.  The proposal generally achieves this; however there may be some overlooking of the kitchen areas of apartments 13 and 16 from the balconies of apartments 6 and 8.  The architect has sought to rectify this problem by offsetting windows ands using windows located above eye level and these solutions are considered adequate.

 

Street setbacks

 

The proposed nil front setback for the mixed-use front building is further forward of the front alignments of the adjoining stables and dwelling No. 150 Barker Street.  The nil setback will contribute to activating the street front and aligns with the front setback of the Struggletown Veterinary Clinic, located to the west of the subject site, adjoining No. 150 Barker Street.

 

There may be some impact to the adjoining dwelling No. 150 Barker Street, however the front setback of the single storey dwelling currently existing on the subject site, No. 152 Barker Street, is currently less than No. 150 Barker Street.  Therefore, the impacts of the nil front setback of the proposed front mixed-use building will not be significantly greater than what currently exists on the site.

 

It is also likely that the property at 150 Barker Street would undergo redevelopment of some form.  The surrounding development would suggest that the built form for the site would be much greater than the single storey dwelling that currently exists on the site.

 

 

 

Side and rear setbacks

 

The proposed ground floor front and rear buildings do not provide any side setbacks to neighbouring properties.  The Urban Design Panel noted on both meeting reports that the rear residential building is to be further setback from the adjoining stables to the east.  The proponent has only partially addressed this concern by setting back the upper levels from the side boundaries by at least 3 metres.  It is considered that ground floor side setback concessions are supportable given the location of the existing building on the site in the absence of impacts to the development on adjoining properties.

 

A nil setback is also proposed to the western adjoining dwelling No. 150 Barker Street. Most of the dwelling at 150 Barker Street adjoins the communal outdoor space between the proposed front and rear residential dwellings, consequently reducing the extent of the impact to this neighbour.

 

A rear setback of 5m is proposed for the rear residential building.  This setback is marginally less than the required setback for a residential flat building in a 2C zone.  As the adjoining dwelling is a stable and not a residential dwelling, a 5m rear setback is appropriate in this circumstance.

 

Floor space ratio

 

The proposal has a floor space ration of 1.39:1.  This considerably exceeds the applicable 2A zone maximum of 0.5:1, set by RLEP that applies to the surrounding sites.  As the entire site enjoys existing use rights, this FSR is not applicable but its relationship to adjoining development is relevant.

 

Barker Street is not a traditional example of a 2A Residential zoning.  The varied uses in the vicinity of the site, including the hospital and university are not characteristic of low-density residential character and such uses will often draw a higher density style residential development to provide accessible accommodation to these facilities.

 

The stables are uses that are normally prohibited in the 2A zone but were subject to a site specific LEP allowing such development.  Any future redevelopment of the adjoining site would prompt reconsideration of the current planning controls given the size of the holding and its proximity to services and infrastructure.  As such, the current planning controls on that site may not appropriate as a guide for future development.

 

Part 2 – Site Design

 

Deep soil zones

 

The Residential Flat Design Code recommends that a minimum of 25% of the open space area of a site should be a deep soil zone.  The proposal provides a significant amount of the landscaped area as deep soil planting.  Additionally, the private open space of ground floor apartments 1, 2 3, 4 and 5 have access to landscaped rear courtyard which are within a “deep soil” zone and will foster mature tree growth.

 

 

Fences and walls

 

No front fences are proposed by the development.  Consistent with the principles of the Residential Flat Design Code, the Barker Street façade will be attractively landscaped, providing an appealing entry viewed from Barker Street as well as providing screening to front building residential apartments.  The nil front setbacks will clearly delineate between public and private space.  The amenity of the public domain will be preserved by avoiding unarticulated surfaces and instead providing an active street front and textured, varied façade.

 

Landscape design

 

The total landscaped area for the site is 602m2, which equates to 41% of the site.  This figure is less than the 50% requirement for multi-unit development recommended in the MUDCP but represents a reasonable level of provision in a mixed use development.  The proposal provides an attractive landscaping solution to the front and rear of the development, with a large deep soil zone between the front and rear buildings, which forms the communal open space of the development.  The communal open space proposes tree and shrub plantings, lawn areas, attractive deck and seating areas, all of which are punctuated by stone pavers to create visual interest.  The extensive deep soil landscaping will assist in stormwater detention as well as providing shaded areas during summer months.  The majority of tree plantings will be at grade to support mature tree growth, however where tree plantings are located on a structure, 1000mm of soil is proposed, which is adequate to sustain growth of medium sized trees.

 

The development proposes to remove the existing trees on the site, which include a number of non-native species and species with invasive root systems.  The proposal intends to plant native species in appropriate locations on the site.  Feedback from the Randwick Urban Design Panel suggested that the trees to the east of the site be retained, however it is considered that the proposed landscaping solution is superior to the existing solution and will have less long term implications in terms of invasive root damage.  Council’s landscape officer raised no concerns over the replacement of the trees along the eastern boundary.

 

Open space

 

The Residential Flat Design Code recommends that between 25-30% of the site area is dedicated to communal open space.  The proposal provides 23.1% of the site as communal open space, which although falling marginally short of the Code’s recommended area, is compensated for by the high quality and attractiveness of the proposal’s communal open space solution.

 

Apartment 3 does not comply with the minimum recommended private open space requirement for a ground level apartments, however the courtyard of this apartment opens directly onto the communal open space area, allowing easy access to this resource.

 

Orientation

 

The majority of units have living areas that face north to maximise passive solar benefits.  The separation between the front and rear buildings is adequate to permit solar access to the north facing rooms of the rear building during mid winter to the extent that it meets the principles and objective in the RFDC.  Building elements such as awnings and overhangs provide sun shading in summer and assist in the articulating and defining the built form of the proposal.

 

Planting on structures

 

The Residential Flat Design Code recommends 1300mm for large trees such as figs (up to 16m diameter at maturity), 1000mm for medium trees (8 m canopy diameter at maturity), 500-600mm for shrubs and 300-450mm for ground cover.  As discussed in the landscape design section, the proponent intends to restrict large tree plantings to the deep soil areas, as well as provide a minimum of 1000mm of soil for tree plantings on structures and 600mm for shrubs and ground plantings.  These soil depth provisions are adequate for the proposed landscape plan.

 

Stormwater management

 

The proposal contributes to the management of stormwater through a number of measures including the provision of an on-site detention tank on basement level 1.  The stormwater collected in this tank will be made available for outdoor watering purposes. The proposal also provides 24% of the site as a deep soil area to assist in natural detention of stormwater.

 

Safety

 

The proposal adequately addresses safety recommendations detailed in the Residential Flat Design Code by clearly identifying the boundary between private and public domain with a clearly defined mixed use building, with the proposal’s communal open space existing behind the alignment of the front building. 

 

Entrances to both buildings are clearly defined, with the front building and car park entrance facing onto Barker Street and the entrance of the rear residential flat building overlooking the communal open space area.  Pedestrian access to residential areas will be via security gates.  Lifts and stairwells are located in busy, unconcealed corridor areas.

 

A secure intercom system is proposed for the basement car park, along with a security gate to separate residential and commercial parking.

 

Visual privacy

 

Recessing selective balconies, as well as including timber privacy screens and fin walls as required, has limited overlooking of adjoining balcony areas.  Approximately 10 metres separation exists between the front balconies of the second and third level apartments No.’s 6 and 8 (rear residential flat building) and the kitchen windows of apartments 13 and 16 (front building).  This arrangement is overcome by the reduced size of windows in the kitchen and by the use of highlight windows.

Parking

 

Pedestrian safety is maintained by clearly separating vehicular and pedestrian entries.  The car park entry is as narrow as convenient, as well as being setback from the street alignment and screened by a steel and timber security gate to reduce the dominance of the vehicular entry on the streetscape. 

 

Opportunities for natural ventilation of the basement car park have been provided, with air intake louvers located on basement level 1.  A generous supply of bicycle parking has also been provided in the basement plan.

 

Part 3 – Building Design

 

Apartment layout

 

The sizes of the proposed apartments are consistent with the recommendations of the Residential Flat Design Code.  The private open space (balconies) of apartments 13, 14 and 15 is 8m2, which is less than the recommended 11m2 for 2 bedroom corner apartments and 1 bedroom single aspect apartments, detailed in the Code.  The MUDCP, requires a minimum of 8m2 for balconies, if provided.  As the MUDCP requirement is sufficient to provide adequate use and amenity, the balcony size are considered appropriate.

 

Balconies

 

All apartments have been provided with a balcony or courtyard, directly accessed from a main living area.  All apartments, other than apartments 5 and 9 have access to a north facing balcony, which is of a functional size to promote indoor-outdoor living.  North facing balconies are shaded from summer sun by eaves and overhangs.

 

Ceiling heights

 

Ceiling heights comply with the recommended minimums set out in the Residential Flat Design Code at 2.7m.  The Code recommends that in mixed-use buildings, ceiling heights should be minimum 3.3m for ground and first floors to maintain flexibility of use.  As the first floor of the front mixed-use building comprises residential development, the application of the 3.3m ceiling height is not considered necessary in this case.

 

Mixed use

 

The proposed front, mixed-use building adopts the principles set out in the Code including clearly distinguishing between commercial and residential entries to the building, considering the building’s contribution to the public domain by fronting onto major streets and encouraging active uses, as well as avoiding blank walls by presenting an interesting textured and articulated façade.  The proponent has considered acoustic requirements to prevent noise transfer to residential apartments on upper levels.

 

Storage

 

Basement storage has been provided for all units.  Built in wardrobes have also been provided in each unit.  These storage solutions are considered adequate for each apartment’s needs.

 

 

Acoustic privacy

 

The acoustic impacts of the proposal on neighbouring properties is likely to be less than the existing drive-in laundry/dry cleaners development on the site, as the proposed use will be predominantly residential.  Internal apartment layouts have attempted to reduce noise transfer by attempting to cluster noisier areas such as living and dining rooms together.  

 

Concerns raised in objections from the adjoining Inglis Stables and Randwick Equine Centre included the possibility of noise complaints coming from residents of the proposed development against the operations of the stables.  As horse auctions occur frequently at the Inglis Stables, a conflict between lands uses may arise.  Living areas are generally north facing and therefore away from the adjoining stables uses.  The predominant times of use for auctions and the like are during daylight hours and therefore impacts on bedrooms is much less of an issue.

 

Daylight access

 

The Residential Flat Design Code states that living rooms and private open spaces, for at least 70% of apartments in a development should receive a minimum of three hours direct sunlight between 9am and 3pm in mid winter.  The development achieves high levels of solar access given the building-to-building space and the fact that the rear building is higher than the front building (which is the northern side).

 

The Code recommends a maximum of 10% of total units should be single aspect and south facing.  There are no single aspect, south facing apartments in the proposal, which demonstrates good site planning and apartment layout.

 

Natural ventilation

 

The Urban Design Panel report considered that the internal planning of some apartments displayed “contorted planning that would lead to dark interiors and reduce air flow”.  It is considered that 12 of the 18 units have a direct breeze path, which is an acceptable proportion and achieves the required minimum of the Residential Flat Design Code.  Six of the dwellings proposed (30%), have a naturally ventilated kitchen, which exceeds the Code requirement of 25%.

 

Facades

 

The façade of the proposal is consistent with recommended design practice detailed in the Residential Flat Design Code, providing an appropriate scale, rhythm and proportion to Barker Street and presenting an interesting textured and articulated facade.  Building elements such as awnings, balconies, balustrades and varied materials selection including zinc cladding, rendered masonry, face brickwork and steel and timber gates contribute to a highly finished appearance when viewed from the street.  Window openings and setbacks also contribute to the visual interest of the building façade.

 

Roof design

 

The proposed roof designs are expressive and attractive, providing significant articulation to both buildings.  Both roof forms are proposed to be constructed of zinc cladding, which provides an attractive modern form to each building.  The rear building roof form has been optimised to provide penthouse levels to apartments 10 and 11.  The height of each roof form has been substantially reduced by the amended plans and is now considered to be an appropriate scale to development in the Barker Street locality.

 

Energy Efficiency

 

The proposal has considered environmental conditions of the site well, providing north facing balconies to living areas of all but two apartments to promote indoor-outdoor living and reduce the need for mechanical ventilation systems.  Northerly aspects will also reduce reliance on artificial lighting and contribute to a reduction in energy consumption.  66% of the development is cross ventilated.  Level 1 of the basement car park will also be naturally ventilated.

 

The proposal includes an on-site detention tank for stormwater, which will be connected to the outdoor water supply for gardening purposes.  All internal tap and shower fittings are AAA rated to reduce water consumption.

 

b.       Development Control Plan – Parking

 

While the parking DCP does not strictly apply to the proposal, the document is able to indicate acceptable levels of parking provision in developments similar to the proposal.  Under the Parking DCP, parking for multi-unit residential development include:

 

Studio apartment

½ per dwelling

1 bedroom apartment

1 space per dwelling

2 bedroom apartment

1.2 spaces per dwelling

3 or more bedroom apartment

1.5 spaces per dwelling

Visitor parking

1 space per 4 dwellings

Bicycle parking

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

Car wash bays

1 car wash bay per 12 dwellings (visitor spaces may be used as car wash bays)

Disabled parking

1 space for 15 – 29 dwellings.

 

Mixed-use component parking requirement:

 

Business premises

1 space per 40m2 GFA

Disabled parking

1-2% of total parking provision.

 

Parking layout

 

Minimum dimensions

5.5m x 2.5m

Minimum width of disabled space

3.2m

Car space widths adjacent to walls

3m

Minimum height clearance

2.3m  - with 2.5m for disabled spaces

Floor grade

Not to exceed 1 in 10

Accessway and driveways

Entry and exit in no more than 2 manoeuvres.

 

The proposal complies with the requirement of the parking DCP, providing 24 residential parking spaces, 5 visitor spaces, 6 commercial parking spaces and 18 bicycle spaces.  1 disabled access residential space and 2 disabled access visitor spaces are provided.  1 delivery loading space has been provided.

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposal is located within an area that does not represent a traditional 2A residential form.  The subject site is located adjacent to a stables complex and opposite the Prince of Wales Hospital.  The University of NSW is located a short distance west of the subject site. The proposal achieves a good mix of apartment sizes and styles, catering for different housing requirements.

 

The assessment has also addressed the questions posed by the Court regarding existing use rights, which are repeated below:

 

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

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

§  What are the impacts on adjoining land?

§  What is the internal amenity?

 

The building design is of a bulk and scale, which will relate to the development that either exists, or is likely to exist in the immediate vicinity of the site.  The 2A zoning of the immediately surrounding area does not accurately portray the development that either exists, or is likely to exits, in the future.

 

The existing building occupies large portions of the site and creates an intensely used non-residential development.  The redevelopment of the site for a mixed-use scheme, which is predominantly residential, provides a more relevant land use when considered in the context of surrounding development and likely future development.

 

The impacts to adjoining land have been assessed as being minimal in terms of privacy and overshadowing.  Impacts from traffic movement are likely to be less than the current commercial operations on the premises.

 

The development provides the levels of amenity that is considered acceptable in current planning assessment for mixed-use development.  The scheme performs well when assessed against the objectives and principles contained within SEPP 65 and the Residential Flat Design Code.  These documents provide the best indication as to the suitability, or otherwise, of the design of residual flat developments.

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.04-00298 for demolition of existing dry cleaners and construction of a part three part four storey mixed residential/commercial development containing 18 residential units (6 x 1 bed, 7 x 2 bed, 5 x 3 bed), 225m² commercial area and a basement car park containing 35 spaces at 152 – 156 Barker Street, Randwick subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.       The colours, materials and finishes of the external surfaces to the building are to be compatible with surrounding buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning.

 

2.       The applicant shall submit details from suitably qualified structural and geotechnical engineers outlining how it is proposed to ensure that the proposed development will not dam or slow the movement of groundwater through the site. This report shall include details regarding how provision will be made for groundwater to flow around/under the subject development (assuming that the adjoining sites may also redevelop and construct basement car parking areas in the future).

 

          Note: Should the proposed amendments result in any increase in the dewatering drawdown radius, an amended excavation and dewatering report shall be submitted to ensure that the proposed modified construction technique will not result in detrimental damage to adjoining properties.

 

The evidence required to satisfy this condition must be submitted to Council within 12 months of the date of this consent.

 

Development Consent Conditions

 

B.      Subject to compliance with the deferred commencement condition, to the satisfaction of the Director City Planning, development consent be granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 298/2004 for demolition of existing dry cleaners and construction of a part three, part four storey mixed residential/commercial development containing 18 residential units (6x1 bed, 7x2 bed, 5x3 bed) 225m² commercial area and basement parking for 35 spaces (Heritage Conservation Area), subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01 to DA10 (and all numbers in between) dated 31 Jan 05, as received by Council and stamped 2 February 2005, the application form and on any supporting information received with the application, except as may be amended by the details approved pursuant to the Deferred Commencement Conditions and the following conditions:

 

2.       A sign legible from the street must be permanently displayed to indicate that visitor parking is available on the site and these parking spaces must be clearly marked and accessible at all times.

 

3.       A roller door or gate is to be provided to the carparking to maintain security to the carparking area. Public access to the visitors carparking spaces is to be maintained at all times and this may be achieved by the installation of a suitable intercom system adjacent to the carpark entry.

 

Details of compliance are to be provided in the relevant plans and specifications for the construction certificate.

 

4.       An intercom to be provided to both pedestrian entries at the building line to secure the development for residents and visitors. Details of compliance are to be provided in the relevant plans and specifications for the construction certificate.

 

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

 

6.       Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1800mm*, to maintain reasonable levels of amenity to the adjoining premises.

 

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

 

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

 

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

 

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

 

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

 

          In this regard, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

11.     The enclosure of balconies is prohibited by this consent.

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

 

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

 

14.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

          Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

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

 

16.     Where access is required to adjoining premises for construction purposes, the consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

17.     Adequate lighting for security and safety is to be provided to the common areas and external areas of the development. Details are to be provided with the Construction Certificate application.

 

18.     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.

 

19.     In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

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

 

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

 

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

 

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

 

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

 

24.     An archival recording of the former stables building at the rear of the property shall be prepared and submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  This recording shall be in accordance with the Guidelines for the preparation of archival recordings set out by the NSW Heritage Office.  Three copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library

 

24.     In the unlikely event that historical archaeological remains or deposits are exposed during the works, all work should cease while an evaluation of their potent extent and significance is undertaken and the NSW Heritage Office notified under the requirements of the Heritage Act.

 

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

 

25.     The applicant is to engage an Environment Protection Authority (EPA) Accredited Site Auditor. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to and approved by Council, prior to a construction certificate being issued, stating that the site is suitable for the intended development and use.

 

          Any additional conditions that are specified in the Site Audit Statement and Summary Site Audit Report by the EPA accredited site auditor, form part of this consent and must be complied with. Written confirmation by the owner of the site is to be submitted to the Council stating all (if any) conditions will be complied with.

 

26.     The site audit statement shall be developed and prepared in accordance with the following requirements:

 

a.       The proponent shall engage the services of a site auditor holding current accreditation in accordance with sections 49 and 50 of the Contaminated Land Management Act 1997.

 

b.       All remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Environment Protection Authority and Planning NSW, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

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

 

d.       Site remediation for any part of the site must be completed prior to the issue of a subdivision certificate for that part of the site.  No subdivision certificate will be issued for any part of the site until the receipt by Council of an acceptable site audit statement for that part of the site.

 

e.       Any beneficial reuse of material onsite is to be monitored and classified by a suitably experienced environmental specialist, together with the site auditor. Such material must be certified by a Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998 and shall be furnished to Council prior to the commencement of building works.  The site audit statement issued to Council shall be unconditional, in that it requires no further monitoring, on going review or remedial actions, and shall cover both land and groundwater.

 

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

 

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

 

27.     All remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Environment Protection Authority and Planning NSW, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

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

 

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

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

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

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

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

 

29.     Should any underground tanks be discovered they shall be removed in accordance with:

 

·        NSW Environmental Protection Authority Guidelines,

·        Australian Institute of Petroleum’s (AIP) Code of Practice for the Design, Installation and Operation of Underground Petroleum Storage Systems (CP4-1998); and

·        WorkCover NSW requirements.

 

          In the event of conflict between AIP Code of Practice and WorkCover requirements the latter shall prevail.

 

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

 

31.     Any fill importation to the site is to be monitored and classified by the site auditor appointed for remediation of the site or a person with his qualifications. Only ‘virgin excavated natural material’ is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

32.     A Site Health & Safety Plan must be prepared prior to the commencement of remediation works by a suitably qualified person and a copy is to be forwarded to Council. All works are to be carried out in accordance with this plan. This plan shall include:

 

·        hazard identification and control

·        site security

·        personal protective equipment

·        work zones and decontamination procedures

·        contingency plans and incident reporting

·        environmental monitoring

 

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

 

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

 

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

 

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

 

37.     All remediation work shall be conducted within the following hours:

 

Monday – Friday            7am – 5pm

Saturday     8am – 5pm

No work permitted on Sundays or Public Holidays

 

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

 

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

 

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

 

40.     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).

 

41.     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.

 

42.     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, recommendations in Wilkinson Murray report dated November 2004 detailed in Section 5 (Discussion), 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:

 

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

 

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

 

45.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

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

 

47.     Appliances provided within the development must satisfy the following energy ratings as a minimum:

 

·           Clothes dryers minimum 2.5 star

·           Dishwashers minimum 3 star

·           Air conditioners minimum 4 star

·           Clothes washers minimum 4 star

·           Fridge minimum 4 star

 

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

 

Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.  Details of the proposed landscaping, including plant species and paved areas are to be included with the construction certificate application.

 

49.     A rainwater tank, of sufficient size to provide water for irrigation of landscaped areas within the development and for internal toilet flushing and clothes washing machine use, is to be provided to the development in accordance with Council’s Rainwater Tank Policy, to Council’s satisfaction.

 

The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate, to the satisfaction of the Certifying Authority.

 

The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

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

 

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

 

a)       for the provision or improvement of open space                                 $ 33,381.66

b)      for the provision or improvement of community facilities                    $  14,760.04

c)       Administration fee                                                                              $     425.00

         

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

 

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

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

55.     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.

 

56.     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”.

 

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

 

          The relevant requirements of the Environmental Planning & Assessment Regulation 2000 and relevant conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

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

 

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

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

60.     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.

 

61.     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.

 

62.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon:

 

a)       all of the premises adjoining the subject site.

 

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

 

63.     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.

 

64.     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:

 

65.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July 1993.

 

66.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

67.     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.

 

68.     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.

 

69.     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.

 

70.     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.

 

71.     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.

 

72.     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.

 

73.     Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

74.     A coloured works-as-executed fire services plan is to be submitted to the Council prior to occupation of the development, detailing the location of the essential fire safety measures installed within the building premises.

 

75.     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.

 

76.     A report prepared by a suitably qualified and experienced consultant in acoustics/vibration shall be submitted to the Principal Certifying Authority and the Council upon commencement of works, certifying that noise and vibration emissions from the construction of the development complies with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of approval.  In support of the above it is necessary to submit all relevant readings and calculations made.

 

Should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council.

 

77.     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”.

 

78.     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.

 

79.     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.

 

80.     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.

 

81.     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.

 

82.     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.

 

83.     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.

 

84.     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.

 

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

 

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

 

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

 

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

 

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

 

86.     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.

 

87.     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.

 

88.     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.

 

89.     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.

 

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

 

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

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

 

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

 

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

 

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

 

91.     Access and facilities for people with disabilities must be provided in accordance with the relevant provisions of the Building Code of Australia.

 

The following conditions are applied to ensure that reasonable levels of fire safety are provided in the building:

 

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

 

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

 

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

 

93.     The location of the discharge point serving the car park mechanical ventilation system is to be not less than 6m from a property boundary and it must discharge vertically and     satisfy the relevant provisions of the Building Code of Australia and AS 1668.

 

          Details of compliance are to be provided in the plans and specifications for the construction certificate.

 

Security Deposit Conditions

 

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

 

94.     The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)       $1000.00  -           Damage / Civil Works Security Deposit

 

          The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon a satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge and upon the completion of the civil works as conditioned in this development consent by Council. The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

 

Traffic conditions/Civil Works Conditions

 

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

 

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

 

a)       Construct a heavy-duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

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

 

c)       Reconstruct any damaged sections of kerb and gutter for the full site frontage. It is noted that this may require road reconstruction in front of any new kerb and gutter.

 

d)      Remove the existing concrete footpath along the full site frontage and construct a new concrete footpath along the full site frontage to Council’s requirements. Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

96.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

98.     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.

 

99.     The driveway opening at the Barker Street frontage must be minimum 5.50 metres wide and located at least 1.5 metres clear of the side property boundary.

 

100.   The internal driveway must be a minimum 5.50m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

101.   The awning in Barker Street over Council’s footpath shall be set back a minimum of 0.60 metres from the kerb alignment.

 

102.   The minimum clear distance from the existing footpath levels along the Barker Street site frontages to the underside of the proposed awning (or any attached signage) shall be 2.60 metres.

 

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

 

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

 

Alignment Level Conditions

 

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

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

 

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

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

 

105.   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.

 

106.   The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1162 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

107.   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.

 

108.   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.

 

109.   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.

 

110.   Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate whether or not an electricity substation is required for the development.

 

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

 

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

 

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

 

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

 

Drainage Conditions

 

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

 

112.   The floor level of all habitable, commercial and storage areas (excluding the basement carparking area) shall be a minimum of 300mm above the back of the existing Council footpath level (or suitably protected from flooding) up this same level.

 

The submitted ground floor plan (drawing DA01 by Noel Bell, Ridley Smith & partners dated 31 Jan 2005) shows the ground floor level being set at RL 44.30 m (AHD) (i.e. 300mm above existing footpath level at the proposed pedestrian access point) in accordance with this requirement.

 

113.   The proposed internal driveway (and any other openings into the basement carpark) must be designed with a high point to a minimum RL of 44.26 m (AHD).

 

114.   The ground floor level along the Barker Street site frontage shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

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

 

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

 

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

 

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

 

116.   All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

117.   All stormwater runoff being discharged from the site shall be directed to Council’s underground drainage system in Middle Street via the existing private drainage easement. The connection to Council’s underground drainage system shall be through the existing grated inlet pit or a new kerb inlet pit. Any new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD6.

 

118.   Prior to the issuing of a construction certificate, the applicant shall submit to the certifying authority full details regarding the size, condition and location of the existing stormwater pipeline/s draining from the subject development site through the private drainage easement to Middle Street.

 

          The pipeline/s (within the easement) shall be capable of conveying at least the 1 in 20 year flow (it is noted that this includes the controlled runoff from the subject development site plus any other flows currently draining through the easement from adjoining sites). Should the capacity of the existing pipeline/s be inadequate for conveying the 1 in 20 year flow, the applicant shall meet all costs associated with upgrading the pipeline/s as required.

 

119.   Prior to the issuing of an occupation certificate, the easement shall be suitably contoured (if required) to convey all stormwater up to the 1 in 100 year storm event through to Middle Street without adversely affecting adjoining properties. Should the easement be unable to contain the 1 in 100 year flows, the pipeline/s through the easement shall be upgraded to ensure that the 1 in 100 year flows are appropriately managed.

 

120.   Should the existing pipeline/s be used to convey stormwater flows from the development site through to Middle Street, the existing pipeline/s shall be cleared of any rubbish/debris and any damaged sections shall be repaired/replaced prior to connecting the new stormwater outlet into the existing pipeline/s.

 

121.   On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

          Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

          For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

          Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

122.   The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

123.   The maximum depth of ponding in above ground detention areas shall be as follows:

 

a)       300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

b)      600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

c)       1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

 

124.   Any stormwater detention areas with above ground storage must be suitably signposted where required, warning people of the maximum flood level.

 

125.   The floor level of all habitable and storage areas adjacent to the detention area must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

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

 

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

 

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

 

128.   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.

 

129.   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.

 

130.   With the exception of the site discharge pipe, any new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

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

 

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

 

d)      within the site at or near the street boundary prior to the site stormwater discharging from the site into the drainage easement; and

e)       prior to stormwater discharging into any absorption/infiltration system.

 

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

 

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

 

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

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

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

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

·        A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

·        A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

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

 

134.   Two covered car washing bays shall be provided for this development.

a)       The car washing bays must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

b)      The car washing bays must be located outside any required/approved stormwater detention system.

 

c)       The car washing bays must be signposted with Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

d)      The car washing bays must be constructed with a minimum 20mm bund around the perimeter of the car washing bays (or equivalent)

 

e)       A water tap shall be located adjacent to the car washing bays.

 

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

 

a)       The location of the detention basin with finished surface levels;

b)      Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

d)      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes (including pipe/s located within the drainage easement);

e)       The orifice size(s) (if applicable);

f)       Details of any infiltration/absorption systems;

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

h)       Details of the point of discharge from the easement into Council’s underground drainage system in Middle Street

 

136.   Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

137.   As the above site may encounter groundwater within the depth of the basement excavation, the basement carpark is to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

a)       Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

b)      Adequate provision is to be made for the groundwater 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).

 

138.   Excavation, shoring and dewatering of the site shall be undertaken in accordance with the details contained in the report by Golder Associates titled: ‘Dewatering Requirements During Construction – Proposed mixed use development for 152-156 Barker Street, Randwick’ and subsequent information submitted to Council in accordance with deferred commencement condition 2. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

          A suitably qualified geotechnical consultant shall be engaged to supervise/monitor construction of the proposed basement structure and ensure that all works are undertaken in accordance with the details set out in the dewatering report (referenced above).

 

139.   The applicant shall obtain a Water License (for temporary dewatering) from the Department of Land and Water Conservation prior to the issuing of a construction certificate.

 

140.   A dilapidation survey of the surrounding properties and infrastructure shall be undertaken by a suitably qualified person prior to commencement of work on the site.

 

Waste Management Conditions

 

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

 

141.   The garbage room areas shall be sized to contain a total of 18 x 240 litre bins (9 garbage bins & 9 recycle bins) whilst providing satisfactory access to these bins.

 

142.   The commercial garbage room shall be sized to contain a total of 2 x 240 litre bins (1 garbage bin and 1 recycling bin) whilst providing satisfactory access to these bins.

 

143.   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.

 

144.   The bin storage areas shall be suitably signposted.

 

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

 

Landscape Conditions

 

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

 

146.   Detailed landscape plans shall be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. If Council is not the certifying authority for the site, the applicant will be required to forward a copy of the approved plans to Council for record purposes. The detailed landscape plans shall be prepared in general accordance with the landscaping details shown on the ‘landscape plan-01 (revision F)’ and the ‘section and images plan-02 (revision C)’, dated April 2004, prepared by McGregor & Partners Landscape Architects, with the following additional information included on the plan:

 

a)       A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

b)      All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

147.   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.

 

148.   To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

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

 

149.   The naturestrip upon Council's footway 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.

 

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

 

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

 

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

 

152.   In order to reduce the amount of stormwater generated by the site, as well to recharge groundwater supplies, porous paving shall be used in all paved areas (excluding the driveway) not over slab. Details are to be provided with the construction certificate application.

 

153.   Any substation required shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

154.   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.

 

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

 

Tree Management

 

156.   The applicant shall submit a total payment of $726.00 to Council,

 

a.       Being the cost for Council to supply and install 3 x 75 litre street trees on the western side of the proposed driveway at the completion of all works ($660.00 + GST)

 

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

 

          The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for the works to be undertaken.

 

157.   The following trees shall be removed (and not transplanted) as part of the proposal and 10 x 100 litre broad canopied replacement trees (not palms) shall be provided within the deep soil zones of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a)       The row of four (4) Syagrus romanzoffianum (Cocos Palms) towards the front of the site, along the eastern boundary

b)      The two (2) Ficus microcarpa var. ‘Hillii’ (Hills Weeping Figs) immediately to the south

c)       The four (4) Syagrus romanzoffianum (Cocos Palms) towards the southwest corner of the site.

 

158.   A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for the amount of $15,000.00 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:

 

A1     In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Services Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

          The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for a further inspection to be undertaken.

 

A2     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 E1      -           Fire fighting equipment

c)       Part E2      -           Smoke Hazard Management

d)      Part E4      -           Emergency lighting, exit signs and warning systems

e)       Part F4      -           Light and ventilation ,in particular, carpark ventilation.

 

          Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be submitted with the Construction Certificate application.

 

A3     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)       Part B1                     -        Structural provisions

b)      Part C1                     -        Fire resistance and stability

c)       Part C2                     -        Compartmentation and separation

d)      Clause C2.6              -        Vertical separation of openings in external walls

e)       Part C3                     -        Protection of openings

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

 

g)       Part D1                     -        Provisions for escape

h)       Clause D1.2              -        Number of exits required

i)        Clause D1.3              -        When fire-isolated exits are required

j)       Clause D1.4              -        Exit travel distances

k)      Clause D1.5              -        Distance between alternative exits

l)        Part D2                     -        Construction of exits

m)      Clause D2.4              -        Separation of rising and descending stair flights

n)       Part D3                     -        Access for people with disabilities

o)      Clause D3.5              -        Car parking for people with disabilities

 

p)      Part E1                      -        Fire fighting equipment

q)      Part E2                      -        Smoke Hazard Management

r)       Part E3                      -        Lift Installations

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

 

t)       Part F1                      -        Damp and weatherproofing

u)       Part F2                      -        Sanitary and other facilities

v)       Part F3                      -        Room sizes

w)      Part F4                      -        Light and ventilation

x)       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.

 

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR CITY PLANNING

CONSULTANT PLANNER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

6 October, 2005

FILE NO:

DA 0576/2004

 

PROPOSAL:

 Section 96(2) to application to make various internal and external changes, including provision of lift over run, air-conditioning units in the basement car park, replacement of fixed louvres with operable louvres, minor window changes, driveway changes, landscape changes adjacent to perimeter wall heights, minor increase to the overhang of the louvre screen to Unit 1, reduction in extent of the curved roof overhang and minor alterations to the floor levels, including terraces and balconies.

PROPERTY:

 126 Marine Parade, Maroubra

WARD:

 Central Ward

APPLICANT:

 Dr G Selia and Mrs I Selia

OWNER:

 Dr G Selia and Mrs I Selia

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

1.       EXECUTIVE SUMMARY

 

The subject Section 96(2) application is referred to Committee as the original application was determined by Council.

 

The subject site is located at the southwestern corner of Marine Parade and Bond Street, Maroubra.  A multi-unit housing development is currently under construction on the site.  The surrounding area is residential in character and consists predominantly of residential flat buildings and some dwelling houses.  The adjoining site is occupied by a three storey residential flat building.

 

It is proposed to amend the existing consent to make various internal and external changes, including provision of lift over run, air-conditioning units in the basement car park, replacement of fixed louvres with operable louvres, minor window changes, driveway changes, landscape changes adjacent to perimeter wall heights, minor increase to the overhang of the louvre screen to Unit 1, reduction in extent of the curved roof overhang and minor alterations to the floor levels, including terraces and balconies.

 

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

 

The main issues relate to increase in height and changes to the landscaped area on the northern side of the site, but they do not raise any planning concerns and would not justify a refusal of the application.

 

The recommendation is for approval subject to conditions.

 

2.       THE PROPOSAL

 

It is proposed to make the following amendments to the approved development:

 

§  Reduced levels (RL) of all floors (no change in overall height of the building);

§  Provision of a lift over-run and change of materials on external southern side of stair from fixed louvres to render and paint to match northern side;

§  Provision of mechanical exhaust from basement carpark;

§  Fire isolation of the stair well and lobby and provision of glass bricks to lobby at all levels;

§  Provision of air-conditioning units in the basement carpark;

§  Replacement of fixed louvres with operable louvres on Bedroom 1 balconies, Bedrooms 3 /Studies and Bedrooms 2;

§  Minor increase in size of Bed 2 window to all units;

§  Alteration of driveway crossover location and width of driveway and garage door;

§  Reconfiguration of the outdoor clothes drying area;

§  Modifications to pathways and landscaping treatment to main pedestrian entrances including relocation of the security gate;

§  Cutting back of the roof over the pedestrian access to western side of the building;

§  Reduction in height of walls on boundaries other than the western boundary;

§  Provision of a manhole on the roof;

§  Deleting the uppermost zone of the louvre screen over the building and replacing it with a metal roof;

§  Minor increase to overhang of the louvre screen to provide solar protection to Unit 1;

§  Reduction in extent of the curved roof overhang;

§  Rearrangement of storage rooms and garbage and recycling storage rooms in the basement level; and

§  Minor alterations to the basement, ground, first, second and third floor levels including terraces, balconies and internal configuration.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southwestern corner of Marine Parade and Bond Street, Maroubra.   It has an arced frontage to Marine Parade and a total site area of 425.4 sqm.  A multi-unit housing development is currently under construction on the site (see Site History below).  The surrounding area is residential in character and consists predominantly of residential flat buildings and some dwelling houses .  The adjoining site is occupied by a three storey residential flat building.  Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site and its surroundings

 

4.       SITE HISTORY

 

On 7 September 2004, the Council granted its consent to demolition of existing building & construct a new four level multi-unit housing development containing 4 x 3 bedroom dwellings with basement carparking for 6 vehicles and strata subdivision.

 

5.       COMMUNITY CONSULTATION:

 

The owners of adjoining properties were notified of the proposed amendments on the 10 August 2005.  As a result of this notification, the following submission was received:

 

Avery – 6/128 Marine Parade

 

Issue

Comment

A request to extend the period for lodgment of an objection was received on 17 August 2005.

The notification period was left open until Friday 2 September 2005.  No further correspondence was received from that objector.

 

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     Development Engineer

 

No objections were raised subject to an amended condition with any approval.  The following comments were made:

 

The modifications to the development consent which affect the Development Engineering conditions relate to Council’s issued alignment levels (Cond No 51) and the width of the driveway opening (Cond No 49)

 

The assessing Officer is advised that Condition No 49 of the DA Consent which reads as follows, can be deleted as it was originally included in error.

 

49)    The driveway opening at the Marine Parade frontage must be minimum 5.50 metres wide and located at least 1.5 metres clear of the side property.

 

The assessing Officer is also advised that Condition No 51 of the DA Consent which reads as follows,

 

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

 

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

 

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

 

is to be amended. I have had recent discussions with Mr Zig Peshos of smart design studio regarding problems they had with heights/clearances for the basement carpark and it was agreed the alignment levels at the proposed driveway entrance could be altered to those levels shown on the submitted Section 96 plans (Dwg No A:001 L dated 20/5/05).

 

6.2     Manager Environmental Health and Building Services

 

The application was referred to the Manager Environmental Health and Building Services for comment. No objections were raised subject to conditions with any approval.  The following comments were made:

 

Section 96 Application has been received for various modifications. From an environmental health perspective, these include mechanical ventilation to the basement, and air conditioners for each unit, located in the basement.

 

The original application did not require any Site Audit Statement or acoustic assessments. Given the application for modifications, an acoustical assessment (prior to occupation) will be required, ensuring the noise emanating from plant and equipment does not affect the amenity of the occupiers of the residential units or neighbouring premises.

 

6.3     SEPP 65 Panel

 

The application was referred to the SEPP 65 Panel for comment. The following comments were made:

 

The Design Review Panel does not have any issues with the proposed design development changes as indicated on the Section 96 application, however the following items are noted:

 

§  The pathway on the northern portion of the site will cause excavation into the exposed rock.  The impact of this path should be clarified and assessed by the council officers.

§  Although the floor to ceiling heights have been reduced below the 2700 mm recommended by SEPP 65 the panel considers that the day light amenity to the apartments will be high.

§  The entry doors to each apartment could be improved with increased area in line with accessibility requirements.

 

In respect of the above noted items:

 

§ As stated in the applicant’s submission, the proposed pathway is required by condition No.82 of the development approval.  That condition had envisaged stepping stones or the like in order to gain access to the mass planting area on the northern side of the site.  The proposed pathway has been inspected by Council’s Landscape Technician, who has raised no objection to it in terms of its form or the required removal of rock.  Further, the pathway raises no planning concerns.

 

§ In respect of the floor to ceiling heights, the proposed amendments reduce them to about 2.4 to 2.5 metres, which is less than the preferred height of 2.7 metres.  However, as stated by the Panel, because daylight access is so generous in the proposed units, that reduced floor to ceiling height is considered acceptable.

 

§ The proposed alterations to the lobby areas at each level result in a minor decrease in the width of the approach to the entry door of each unit.  The approved development had a width of about 1.4 metres and the proposed amendments show a decrease to about 1.1 metre.  Although the greater width would be preferable, the proposed amendments have been designed to include services that narrow the width of the entries.  In any case, an entry width of that proposed is adequate to allow manoeuvring of furniture and an acceptably comfortable approach to each apartment.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

§  Randwick Local Environmental Plan 1998.

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

§  Development Control Plan – Multi-Unit Housing.

§  Environmental Planning and Assessment Act 1979 as amended.

§  Building Code of Australia.

 

Randwick Local Environmental Plan 1998

 

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

 

8.       SECTION 96 AMENDMENT

 

Under the provisions of Section 96(2) of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with: -

 

8.1     Substantially the Same Development:

 

The proposed modifications are minor and will not result in any appreciable additional impacts upon either the amenity of the adjoining premises or the streetscape and therefore the proposed modifications to the original development proposal are considered to represent substantially the same development.

 

8.2     Notification and Consideration of Submissions:

 

As stated earlier, notification of the proposed amendments did not result in Council receipt of any submissions.

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

Randwick Local Environmental Plan 1998

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

Foreshore scenic protection area

 

Clause 29(3) of LEP 1998 states as follows:

 

The Council may only grant consent …  after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

The proposed amendments are relatively minor and will not result in any adverse impact on the scenic quality of the foreshore area.

 

Building heights

 

Clause 33 of LEP 1998 requires that buildings in 2C zones have a maximum external wall height of 10 metres and a maximum overall height of 12 metres.

 

The proposed development involves an increase in height with respect to the lift over-run only.  The increase in height is 1.26 metres for that part of the building only.  It is noted that although this is 170 mm higher than the ridge of the building, the lift shaft over-run will not be visible from the eastern side of the building.  It is considered that given that the over-run is an essential element to the building and that it is a minor increase in height, the proposed increase in height is considered acceptable.

 

In respect of the increase in height and its potential to impact on views, the proposed lift over-run is above the highest floor level of the adjoining building to the west and, therefore, will not have any impact.  It would have negligible impact on the views from other buildings further to the west and in the area, as the increase in height is minor and is only for a small part of the building.  Further, as the distance increases between surrounding properties and the proposed lift over-run, the impact is reduced on the overall view enjoyed from those properties.  Overall, it is considered that the proposed development will have negligible impact on views. 

 

Excavation and filling of land

 

Clause 40(2) of LEP 1998 states as follows:

 

When considering an application for consent required by subclause (1), the Council must have particular regard to:

 

(a)     the likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality, and

(b)     the effect of the proposed works on the likely future use or redevelopment of the land.

 

The proposed development involves a minor increase in excavation by the lowering of the basement floor level.  However, it is a minor change and will not result in any adverse impacts.  All relevant issues with respect to the required excavation on the site have been addressed in the original approval of the application.

 

SEPP 65

 

As discussed earlier, the proposed amendments were referred to the SEPP 65 Panel and no issues were raised with the proposal.  However, some items were identified that the Panel considered were worthy of consideration.  Those matters are addressed earlier in this report at section 6.3.

 

Development Control Plan – Multi-Unit Housing

 

The DCP for Multi-Unit Housing states that a proposal is deemed to satisfy the Objectives and Performance requirements of the DCP if it complies with the corresponding Preferred Solutions. None of the proposed changes are particularly relevant to any of the Preferred Solutions in the DCP.  Many of the changes are, essentially, cosmetic.  This is reflected by the fact that the SEPP 65 Panel has raised no issues with the application other than some matters that it considered were worthy of assessment.  Those matters have been addressed earlier in this report.  The proposed development is considered to be generally consistent with the Objectives and Performance Requirements of the DCP for Multi-Unit Housing.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposed modification to the original consent satisfies Section 96(2) of the Environmental Planning and Assessment Act, 1979 in that it will constitute substantially the same development, and in addition approval of the modifications will not result in any significant additional adverse impacts upon either the amenity of the adjoining premises or the streetscape. It is therefore considered that modifications to the original Development Consent are reasonable.

 

RECOMMENDATION:

 

THAT Council, as the consent authority, grant its consent under Section 96(2) of the Environmental Planning and Assessment Act 1979 (as amended) to vary conditions of Development Consent No.0576/04 for permission to demolition of existing building & construct a new four level multi-unit housing development containing 4 x 3 bedroom dwellings with basement carparking for 6 vehicles and strata subdivision for 126 Marine Parade, Maroubra, as follows: -

 

 

Condition No. 1 is altered to read as follows:

 

1.       The development must be implemented substantially in accordance with the plans numbered A:100, dated 17.11.03, A:001D, A:002D, A:003D, A:004D, A:005D, A:006D, A:100B, A:101B, A:102B, A:103B A:104B, A:200D A:201D, A:202D, A:203D, A:204A, A:300BA:301D dated 07.11.03 and stamp as received by Council 15 July 2004 as drawn by Smart Design Studio, the plans provided to Council by faxed on 24.8.04 showing amendments to the basement and landscaping, the application form, the landscape plan by ASPECT Sydney dated as received on 15 July 2004, the application form and on any supporting information received with the application, as amended by the Section 96 ‘A’ plans numbered A:001, A:002, A:003, A:004, A:005, A:006, A:200, A:201, A:202, A:203, A:300, A:301, dated 20 May 2005 and received by Council on 21 July 2005, only in so far as they relate to the modifications highlighted on those Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

Conditions No. 84 to No. 87 are added, as follows:

 

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:

 

84.     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.

 

85.     The operation of air conditioning unit/s is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the air conditioning unit/s shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations:

 

§  before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

§  before 7.00am or after 10.00pm on any other day.