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

 

29 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, 6TH DECEMBER 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 & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 8TH NOVEMBER, 2005.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Development Applications

 

5.1                        

DIRECTOR, CITY PLANNING REPORT 90/2005 - 1 CAERLEON CRESCENT, RANDWICK.

2

 

5.2                        

DEVELOPMENT APPLICATION REPORT - 7 JENNER STREET, LITTLE BAY.

43

 

5.3                        

DEVELOPMENT APPLICATION REPORT - 6 HENDY AVENUE, SOUTH COOGEE.

108

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 1891 BOTANY ROAD, MATRAVILLE.

118

 


 

6           Miscellaneous

 

6.1                        

DIRECTOR, CITY PLANNING REPORT 88/2005 - ESTABLISHING THE RANDWICK CITY COUNCIL SAFETY COMMITTEE.

150

 

6.2                        

DIRECTOR, CITY PLANNING REPORT 89/2005 - THE CITIES FOR CLIMATE PROTECTION PROGRAM.

156

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

 

……………………………….

GENERAL MANAGER.


 

Director, City Planning Report 90/2005

 

 

SUBJECT:

1 Caerleon Crescent, Randwick

 

 

DATE:

11 November, 2005

FILE NO:

DA 0200/2005

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING

 

 

INTRODUCTION:

 

On 27 September 2005, at its meeting of the Health Building and Planning Committee, Council resolved to invite the applicant of the development and the objector, from 3 Caerleon Crescent, to enter into a mediation session with a view to resolving outstanding issues. 

 

ISSUES:

 

The mediation session took place on 26 October 2005 with the following resolution:

 

A.      The objector makes the following proposal by way of agreeing to withdraw the objection to Council:

 

1.       That the floor to ceiling height of the ground floor of the development be reduced to 2700mm and the springing height of the first floor extension be reduced to 1800mm by way of a pitched roof to a maximum of 30 degrees.

 

2.       In the event the applicant supports this proposal, the objector commits to supporting any application by the applicant to extend the ground floor accommodation to the western boundary; the top floor to align with the western wall of 3 Caerleon Crescent; the northern wall of the first floor extension to overhang the ground floor extension by a maximum allowable by Council; and the installation of roof windows (Velux style windows) to southern plane of the roof of the first floor extension.

 

3.       The purpose of this proposal is to allow the applicant to achieve a significant increase in the overall floor area in the ground and first floor extensions, additional light and ventilation while reducing the shadowing over the objector’s property,

 

B.      The applicant will consider the proposal of the objector as herein described and commits to taking expert advice in relation to it.  Within a period of two weeks, the

          applicant expects to inform Council in his decision in respect to the objector’s proposals.  In the event the decision is not to commit to the objector’s proposal, the applicant will provide written reason to Council.

 

On 9 November 2005, the applicant provided reasons as to why he is not willing to undertake the design changes to the proposed development.  The following paragraphs provide the applicant’s arguments in respect to the resolution above.

 

The applicant has argued that a reduction in floor to ceiling height, at ground floor level, would result in two different ceiling heights within the same room, which would adversely impact on the internal design integrity of the dwelling.  In respect of the first floor level, it has been argued that a reduction in floor to ceiling height would diminish the size and openness of the rooms and render them impractical for the use intended. 

 

The applicant has also submitted shadow diagrams that indicate that any decrease in overshadowing that would result from an amended pitched roof design would be marginal.

 

As the applicant has not supported the proposal to provide a pitched roof form and reduced floor to ceiling heights, the matters raised in point 2 above are not relevant, as they were only applicable if the applicant were to be supportive of those design changes.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The suggested design changes resulting from the mediation session have been investigated by the applicant.  In response, the applicant considers that the impacts on internal amenity that would result from the suggested design changes are outweighed by any benefit that may be achieved for the amenity of the objector’s property.  On that basis, the applicant is not willing to make any changes to the proposed development. 

 

RECOMMENDATION:

 

A.      THAT Council, as the consent authority, grant development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act, 1979 (as amended) to Development Application No. 2005 for new first floor addition to the existing semi-detached dwelling and new carport at the front at 1 Caerleon Crescent, Randwick, subject to the following conditions:-

 

DEFERRED COMMENCEMENT CONDITIONS

 

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

 

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

 

§  Colours for all external surfaces of the building;

 

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

 

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

 

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

 

DEVELOPMENT CONSENT CONDITIONS

 

B.      Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of Planning and Community Development, Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 2005 for new first floor addition to the existing semi-detached dwelling and new carport at the front at 1 Caerleon Crescent, Randwick, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered 19/05, dated 16 September 2005 and received by Council on 16 September 2005 (as amended by the requirements of the Deferred Commencement conditions), the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The location and siting of the carport is to be in accordance with the plans received by Council on 16 September 2005.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

          Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

12.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

13.     Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

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

                  

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

 

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

 

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

 

15.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

          Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

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

 

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

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

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

 

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

 

          The relevant requirements of the Environmental Planning & Assessment Regulation 2000 and relevant conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

22.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

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

 

24.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

          Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

          Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

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

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

 

27.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

            

28.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

          The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

          A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

29.     Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

30.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

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

 

32.     Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

33.     A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

39.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

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

 

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

 

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

 

42.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

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

 

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

 

 

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

 

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

 

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

 

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

 

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

          You are therefore advised to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

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

 

 

ATTACHMENT/S:

 

HBPC Report dated 27 September 2005

A4 Plans

 

 

………………………………

………………………………

SIMA TRUUVERT

TOM HUTCHISON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 


 

Director, City Planning Report

 

 

SUBJECT:

1 Caerleon Crescent, Randwick

 

 

DATE:

14 September, 2005

FILE NO:

D0200/2005

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

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

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

1.  Development Application Report dated 17 August 2005

2.  A4 Plans 

 

 

 

 

………………………………

 

SIMA TRUUVERT

 

DIRECTOR, CITY PLANNING

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

17 August, 2005

FILE NO:

D0200/2005

 

PROPOSAL:

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

PROPERTY:

 1 Caerleon Crescent, Randwick

WARD:

 North Ward

APPLICANT:

 E White

OWNER:

 Mr E C and Mrs P M White

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

2.       THE PROPOSAL

 

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

 

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

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

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

 

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

 

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

 

Figure 1: The subject site and surrounding development

 

4.       COMMUNITY CONSULTATION:

 

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

 

M A Bretnall – 32 Frenchmans Road

Issue

Comment

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

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

 

R Flossman – 6 Caerleon Crescent

Issue

Comment

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

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

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

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

The proposed materials are not appropriate for the area.

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

G J and M Forster – 26 Frenchmans Road

Issue

Comment

The proposed development will cause loss of privacy from overlooking.

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

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

Issue

Comment

The proposal will have overshadowing impacts.

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

The proposal will have overlooking impacts.

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

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

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

K E S Neilson – 3 Caerleon Crescent

Issue

Comment

The proposal will result in considerable loss of solar access.

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

The proposed development is out of character with the area.

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

The proposal is inconsistent with the proposed heritage conservation area.

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

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

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

Randwick Precinct Committee

Issue

Comment

The proposed addition is unsympathetic to the area.

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

The development will set an undesirable precedent.

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

 

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

 

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

 

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

Issue

Comment

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

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

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

Issue

Comment

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

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

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

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

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

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

The proposed development is inconsistent with the proposed heritage area.

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

K E S Neilson – 3 Caerleon Crescent

Issue

Comment

All original concerns remain.

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

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

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

The proposed development may cause structural damage.

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

 

 

5.       TECHNICAL OFFICERS COMMENTS

 

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

 

5.1     Engineering Issues

 

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

 

5.2     Heritage Issues

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

1.       deleted from the application;

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

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

 

·        The colours, materials and finishes of the external surfaces to the building are to be sympathetic with the existing building and other buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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

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

 

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

 

1.       deleted from the application;

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

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

 

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

 

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

 

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

 

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

 

6.       MASTER PLANNING REQUIREMENTS

 

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

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

§  Randwick Local Environmental Plan 1998.

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

§  Environmental Planning and Assessment Act 1979 as amended.

§  Building Code of Australia.

 

(a)     Randwick Local Environmental Plan 1998

 

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

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

 

8.       ENVIRONMENTAL ASSESSMENT

 

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

 

8.1     Policy Controls

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

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

Landscaping

 

Preferred Solution

Assessment

S1

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

50 % of the site is landscaped area. Complies.

S1

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

The rear yard has an area of 25 sqm. Complies.

S1

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

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

S1

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

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

S6

20% of the total site area has permeable treatment.

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

 

Floor Area

 

Preferred Solution

Assessment

S1

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

The proposed FSR is 0.62:1. Complies.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

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

S3

Cut or fill does not exceed 1m.

Not applicable, as no excavation is proposed.

S3

No excavation within 900mm of a side boundary.

Not applicable, as no excavation is proposed.

S3

No excavation within 4m of a rear boundary.

Not applicable, as no excavation is proposed.

S4

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

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

S5

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

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

 

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

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

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

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

S2

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

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

S3

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

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

S3

Side setbacks be 1.5m at second floor level.

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

S3

Side setbacks be 3.0m at third floor level.

Not applicable, as no third floor level is proposed.

 

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

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

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

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

 

 

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

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

S1

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

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

S1

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

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

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

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

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

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

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

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

 

 

 

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

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

S1

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

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

S1

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

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

S1

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

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

S1

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

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

S1

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

Not applicable, as the site has no rear access.

S2

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

Not applicable, as the site has no rear access.

S2

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

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

S2

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

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

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not applicable.

S2

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

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

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

 

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

 

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

 

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

 

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

 

9.       FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10.     CONCLUSION

 

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

 

RECOMMENDATION:

 

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

 

DEFERRED COMMENCEMENT CONDITIONS

 

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

 

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

 

§  Colours for all external surfaces of the building;

 

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

 

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

 

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

 

DEVELOPMENT CONSENT CONDITIONS

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 19/05, dated 16 June 2005 and received by Council on 21 June 2005 (as amended by the requirements of the Deferred Commencement conditions), the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The location and siting of the carport is to be in accordance with the plans received by Council on 16 September 2005.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

          Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

12.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

13.     Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

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

              

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

 

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

 

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

 

15.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

          Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

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

 

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

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

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

 

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

 

          The relevant requirements of the Environmental Planning & Assessment Regulation 2000 and relevant conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

22.     Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

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

 

24.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

          Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

          Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

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

 

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

 

27.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

            

28.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

          The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

          A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

29.     Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

30.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

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

 

32.     Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

33.     A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

39.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

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

 

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

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

 

42.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

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

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

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

          You are therefore advised to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

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

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

TOM HUTCHISON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT PLANNER

 

 

 




 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

9 November, 2005

FILE NO:

DA0644/2005

 

PROPOSAL:

 Erection of a new four storey multi-unit housing development comprising 19 dwellings, one level basement parking for 30 vehicles, associated landscape works and utility service installation.

PROPERTY:

 7 Jenner Street, Little Bay

WARD:

 North Ward

APPLICANT:

 Stockland Development (PHH) Pty Ltd

OWNER:

 Landcom

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Health, Building and Planning Committee as the proposed development is valued at $7,000,000.

 

The subject application is for the erection of a four storey multi unit housing development containing 19 dwellings, one level basement parking for 30 vehicles, associated landscape works and utility service installation.

 

The subject site is located on the western side of Jenner Street and comprises vacant land in the form of an irregular shaped parcel with a curved northern boundary to Oval Park.

 

The proposal is permissible under Randwick Local Environmental Plan 1998 (RLEP) and generally complies with the development standards contained in the RLEP with the exception of the maximum floor space ratio (FSR) and building height. The maximum floor space ratio and building height applicable to the subject site are 1:1 and 15 metres respectively. The proposed development has a maximum floor space ratio of 1.04:1 (or 85sqm over the maximum floor space) and a maximum building height of 15.7m, measured from the ground level to the top of the lift overrun/fire stairs/plant room on the roof. Objections under the provisions of State Environmental Planning Policy No. 1 (SEPP 1) have been submitted in relation to these breaches and are considered to be well founded.

 

The proposed development is also generally consistent with the requirements of the Prince Henry Development Control Plan, except for the non-compliance in terms of northern and western setbacks and driveway design. These non-compliances have been assessed and found acceptable as the proposed building will not be visually intrusive or bulky and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views.

 

The proposed development is an integrated development under the provisions of Section 91 of the Environmental Planning and Assessment Act 1979 (EP&A Act) and requires the approval of the Heritage Council of NSW as the subject site is located within the Prince Henry conservation area which has been gazetted in the State Heritage Register. The Heritage Council has assessed the application and issued its General Terms of Approval.

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the Master Plan for the Prince Henry site which was adopted in December 2001. Under the amendments to the EP&A Act gazetted on 16 June 2005, the Master Plan is now made a deemed Development Control Plan (deemed DCP). The proposal is generally consistent with the deemed DCP with the exception of the mix of dwelling types and maximum building height. These variations have been assessed in terms of this development individually and in terms of the cumulative impact across the site and have been found to be acceptable. 

 

The proposal was referred to the Design Review Panel pursuant to State Environmental Planning Policy No. 65. The Panel generally supports the proposal and advised that the bedrooms on levels 2 and 3 would benefit from additional sun-shading devices, the landscaping plan requires further development and the air-conditioning units should be discouraged by Council.

Given there are a number of issues which need to be addressed prior to the issue of the development consent (i.e. additional sun-shading devices, visitor parking in the basement and all fencing on the site), the application is therefore recommended for approval subject to deferred commencement conditions.

 

2.       THE PROPOSAL

 

The proposal is for the erection of a four storey multi unit housing development comprising 19 dwellings, one level basement parking for 30 vehicles associated landscape works and utility service installation. The proposed building will contain the following uses:

 

Basement Level

 

§  A total of 30 car parking spaces (i.e. 24 spaces for residents, 5 spaces for visitors including 2 designated car wash bays and 1 accessible space)

§  Bicycle racks

§  Secure storage cages

§  Secure storage/plant room

§  Waste and recycling room

 

Ground Floor Level

 

§  2 x lobby foyers

§  2 x pedestrian access ramps

§  2 x stairways

§  2 x lifts adjacent to each lobby foyer

§  Plant room and bathroom on the south-eastern side of the building

§  Landscaping works

§  2 x letterboxes

§  Vehicular access from Jenner Street, to the basement car park via a car parking ramp.

§  1 x 1 bedroom dwelling

§  4 x 2 bedroom dwellings (3 of which are maisonette dwellings)

§  2 x 3 bedroom maisonette dwellings

 

All dwellings at this level have a rear terrace with direct access to Oval Park.

 

First Floor Level

 

§  1 x 2 bedroom dwelling

§  1 x 3 bedroom dwelling

 

Second Floor Level

 

§  3 x 2 bedroom dwellings

§  2 x 3 bedroom dwellings

 

 

 

Third Floor Level

 

§  3 x 2 bedroom dwellings

§  2 x 3 bedroom dwellings

 

Overall, the proposal will have 1 x 1 bedroom, 11 x 2 bedroom and 7 x 3 bedroom dwellings, yielding a total of 19 dwellings

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

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

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the adopted Master Plan (now a Deemed DCP) for the Prince Henry site. The subject site is known as Lot 10 in DP 270427 and is also referred to as Lot 16 in Council’s Development Control Plan for Prince Henry Site. The subject site is located on the western side of Jenner Street and comprises vacant land in the form of an irregular shaped parcel with a curved northern boundary to the Oval Park. The subject site has an area of 2,123.15 sqm.

 

To the east, west and south of the site is other land forming part of the overall development area within the Prince Henry Hospital site. To the north-east of the subject site is the Oval Park, to the west of the site is Lot 9, a 4,055 sqm lot designated for aged care development, to the south is Lot 11, designated for mixed use development and to the east is Lot 26, designated for semi-detached dwellings.

 

4.       SITE HISTORY

 

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

 

The site as a whole has been subject to a lengthy strategic planning process. On 27 May 2003 Council adopted a revised master plan for the former Prince Henry Hospital site effective for five years from that date. The Master Plan created a new residential and community precinct with a variety of land uses including retail, commercial, open space, recreation and community facilities. Under the amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005, the Master Plan is now made a Deemed Development Control Plan (deemed DCP). On the 18 October 2005, Council adopted amendments to the deemed DCP subject to variations (see Section 9 below).

 

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

 

The Prince Henry Site Development Control Plan (the DCP) was approved by Council on 27 July 2004 and became effective after the gazettal of Amendment 28 to RLEP1998 on 8 December 2004.

 

A number of development applications have been approved for proposals ranging from the demolition of identified buildings and the decontamination and rehabilitation of land to the erection of buildings for specific social/community bodies and infrastructure, civil and streetscape works, as listed below:

 

DA No.

PROPOSAL

DETERMINATION

DATE

831/2002

Adaptive re-use of Flowers ward & Henrys Trading Post for the Prince Henry Nurses Assoc. Museum.

Approved

8/10/2002

 

948/2002

Demolition of 41 buildings and partial demolition of 5 buildings within the Prince Henry Hospital site.

Approved

17/12/2002

1061/2002

Refurbish existing pedestrian access to Little Bay beach.

 

Approved

10/1/2003

1188/2002

Demolition of buildings within the Prince Henry Hospital Site and Site Remediation

Approved

28/2/2003

282/2003

Convert existing building into a marketing office

Approved

15/7/2003

443/2003

Stage 1 infrastructure works at the former Prince Henry Hospital Site comprising predominantly roads & services

Approved

8/12/2003

830/2003

New detoxification health facility including new buildings for the Women’s Alcohol and Drugs Advisory Centre operable 24 hours

Approved

16/12/2003

862/2003

New road and associated infrastructure landscaping and fencing landscaping, pit cover and front boundary fences.

Withdrawn

16/12/2003

1043/2003

Amended details for DA 1043/03 for northern streetscape works for the redevelopment of the Prince Henry Hospital

Approved

21/12/2004

1102/2003

Stage 3 - infrastructure and streetscape works located adjacent to the northern boundary of the site, (lot 1 DP 1002512) being The Prince Henry Hospital site. Including road construction, landscaping and other civil works

Approved

31/12/2004

290/2004

Erection of a new part one and three storey building for use as an Aboriginal Health and Medical Research Centre - hours of operation Monday to Friday 8.30am to 6pm.

Approved

7/9/2004

640/2004

To demolish the University of NSW Australian Graduate School of Management facility (building and garage).

Approved

28/10/2004

763/2004

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

Approved

26/4/2005

845/2004

Infrastructure and Streetscape Works, including a new loop road, stormwater drainage, earthworks, and other associated civil and landscape works in the observation park and development lots in the former Australian Graduate School of Management (AGSM) site and associated lands. (Heritage Conservation Area)

Approved

2/3/2005

922/2004

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

Approved

8/04/2005

965/2004

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

Approved

30/03/2005

967/2004

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

Approved

30/03/2005

968/2004

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

Approved

30/03/2005

969/2004

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

Approved

30/03/2005

1012/2004

Infrastructure works, including construction of buffers, realignment of water courses, establishment of riparian zones and construction of a new pedestrian bridge (Heritage Conservation Area).

Approved

1/6/2005

1013/2004

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

Approved

19/7/2005

1103/2003

Consolidation of part closed road with 1430 Anzac Parade and re-subdivision to create 23 community lots and 29 neighbourhood lots.

Approved

16/3/2005

3/2005

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

Approved

11/10/2005

43/2005

Construction of a 2-4 storey Aged Care Facility comprising 124 bed spaces and basement carparking for 43 vehicles

Approved

28/6/2005

274/2005

Community title sub-division to create 13 community allotments and 17 neighbourhood lots.

Approved

20/7/2005

331/2005

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

Approved

27/9/2005

473/2005

 

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

474/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

475/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

476/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

477/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

479/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

482/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

483/2005

Proposed new two storey dwelling house, including double garage.

Approved

21/10/2005

 

Development Application 1188/02 was granted development consent and provided for the demolition of hospital buildings and the remediation of the hospital site and parts of the golf course to remove identified areas of contamination. The demolition works have been carried out and the remediation works are continuing.

 

A prelodgement meeting was held on 10 June 2004 (PL 31/2004) to discuss development concepts for multi-unit housing for seniors on the subject site as well as on Lot 9, and a residential care facility on Lot 58 of the Prince Henry Hospital site.

 

5.    COMMUNITY CONSULTATION

 

5.1     Advertising/Notification

 

The proposal was notified as “Integrated Development” for a period of 30 days in accordance with the Environmental Planning & Assessment Act 1979 (as amended). A notice was placed in the local newspaper and on-site, and letters were sent to adjoining and adjacent landowners advising of the proposal and inviting comment and submissions. No submissions were received in response to the proposal.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Design Review Panel

 

The application was considered by Council’s Design Review Panel at its 5 September 2005 meeting. The following comments were made by the Panel with regard to the proposal:

 

“The Panel has seen this proposal before, considers it to be well designed and has no objections.

 

The issue of the proposed access to the park from the Ground Floor was raised by Council officers and it is considered that the provision of this access should be supported as it enhances the direct interface between the building and the landscape, enhances surveillance and provides alternative access to the subject units.

 

The Panel considers that:

 

§  the bedrooms on levels 2 and 3 would benefit from additional sun-shading.

§  the landscaping plan requires further development.

 

It is noted that air-conditioning is proposed for the building and the Panel considers that this should be discouraged by Council.”

 

Comment

 

It is noted that the bedrooms fronting the Oval Park on levels 2 and 3 are provided with 1 metre depth sunshade panels, however, it is agreed that these bedrooms would benefit from additional sun-shading devices (i.e. operable louvres) in order to minimise the impact of eastern sun during summer period to these bedrooms. A deferred commencement condition is imposed requiring the installation of additional sun-shading devices to the bedroom windows on levels 2 and 3. In relation to the proposed air-conditioning systems in the building, it should be noted that the proposed development satisfies the ecologically sustainable guidelines of the Prince Henry DCP (i.e. NatHERS and indicative BASIX assessment) and is therefore considered that the deletion of the air-conditioning system would be unreasonable and unnecessary.

 

6.2     Heritage Planner

 

Council’s Heritage Planner advises as follows:

 

“The subject site is located within the Prince Henry Heritage Conservation Area with the site and various buildings identified on the State Heritage Register.  The site has been subject to a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and a Heritage Impact Statement for the Masterplan all prepared by Godden Mackay Logan.  The former hospital site is to be converted for mixed residential use.  The site features various cultural, natural and Indigenous heritage values including buildings used by the Coast and Prince Henry Hospitals.  Several previous DAs for the demolition of existing buildings on the site, together with site remediation, temporary structures and infrastructure works have been approved.

 

The specific site of the proposal is Lot 10 located in the DCP Precinct 1 occupying the northern portion of the hospital site.  The site is in the south western portion of the precinct bordering the oval park to the north, the Historic Precinct to the east and Precinct 2 to the south.  The site has been remediated and cleared.  The site features a significant vista which runs along its northern boundary from Anzac Parade into the Oval Park.  To the north east of the site is the Oval Park.  To the east of the site are the Artisans Cottages which are identified as Significant Built Elements in the CMP and the DCP.  They are three pairs of semi detached single storey dwellings that front Mayo Street.  The site is within Aboriginal Archaeological and Historical Archaeological Sensitivity Zones.

 

The proposal is for a new 4 storey residential flat building constructed in a contemporary style consisting of a total of 19 units.  It is a single form with its main elevations facing south west to a landscaped courtyard and north east to the Oval Park.  The elevations are articulated into bays and feature awnings, balconies, concrete blade walls, sliding windows, louvres and metal panels to various sections of the building.

 

A Heritage Impact Assessment, prepared by Tanner Architects Pty Ltd, was submitted with the application.  The Assessment argues that the proposal will have no impact to the heritage values of the site, the nearby significant buildings or the significance or the place as it accords with the built form recommended in the DCP.  The HIS also provides a brief recommendation relating to archaeology.

 

As the proposal adheres to the height, bulk, form, scale, mass and siting of the Draft DCP it generally raises no concern in regard to heritage conservation.  The proposal is considered to be reasonably scaled and articulated given its proximity to the Artisans Cottages.  The significant view corridor is maintained along the north western boundary of the site.  Although the site has been remediated and it is unlikely that archaeological remains are to be discovered the site should be managed for unexpected finds according to the Archaeological Management Plan and the recommendations below.

 

Recommendations: 

 

·      Prior to any ground disturbance, further consultation should occur with the LPLALC (La Perouse Local Aboriginal Land Council) to establish appropriate statutory management process in the unlikely event that aboriginal relics are recovered.  Where requested excavation works should be subject to LPLALC and archaeological monitoring. Details of this process shall 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.

 

·      Prior to the commencement of the proposed work, all contractors and relevant personnel involved should be made aware of the possibility that more as yet undiscovered Aboriginal cultural materials may exist there and the location of built and landscape heritage items in the vicinity of the site and access roads at the Prince Henry site through an induction process.  Details of this process shall 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.

 

·      Site Contractors should be advised of their obligations under the National Parks and Wildlife Act 1974 and notification procedures in the event that any Aboriginal cultural material is disturbed or exposed during site works and their obligations and requirements in relation to the relics provisions of the NSW Heritage Act in the event any Historical Archaeological relics are discovered. Details of this process shall be submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.”

 

Comment

 

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

 

6.3     Development Engineer

 

Council’s Development Engineer advises as follows:

 

“An application has been received for the construction of a four-storey residential flat building at the above site containing 19 units with basement carparking for 30 vehicles.

 

This report is based on the following plans and documentation:

 

§  Statement of Environmental Effects by Stockland Development Pty Ltd dated August 2005;

§  Lot 10 Waste Management Plan Revision 01 by Stockland Development Pty Ltd dated 23 June 2005;

§  Geotechnical Reports by Douglas Partners dated April 2005 and October 2005;

§  Report on Grey Water Re-use by George Floth Pty Ltd dated 24 June 2005;

§  Survey Plan by Wheelans Operations Pty Ltd dated 21 March 2003;

§  Basement Plan Document No. AR.DA.03 Issue 1 by Architects Johannsen & Associates dated 8 August 2005;

§  Ground Plan Document No. AR.DA.04 Issue 1 by Architects Johannsen & Associates dated 8 August 2005; and

§  Sections Document No. AR.DA.11 Issue 1 by Architects Johannsen & Associates dated 8 August 2005.

 

Landscape Comments

 

All existing vegetation has been previously removed in conjunction with site remediation and topographical adjustment works, with new infrastructure such as roadways, footpaths and street trees already provided in this specific area of the site.

 

While areas of Eastern Suburbs Banksia Scrub do exist within the Prince Henry site, no threatened fauna species (NSW Threatened Species Conservation Act 1995, Commonwealth Environmental Protection and Diversity Conservation Act 1999) have been located on this specific site/lot.

 

Drainage Comments

 

In accordance with the Prince Henry drainage strategy prepared by Connell Wagner, all stormwater leaving the site must be discharged to the new storage pond (located adjacent to Fairway 7 within the Coast Golf Course), via the street drainage system in NR3 (Jenner Street). The stormwater shall be discharged directly to the underground drainage system in Jenner Street via a kerb inlet pit. It is noted that all kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

 

A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to stormwater being discharged from the site.

 

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.

 

Grey water Treatment Systems

 

It is noted that the operation of domestic grey water treatment systems (DGTS’s) poses a potential health and safety concern to the residents of the premises due to water quality.  DGTS’s also require further approval in accordance with section 68 of the Local Government Act 1993 and the Local Government (Approvals) regulation 1999 for installation and operation.

 

A brief report by George Floth Consulting Engineers dated 24 June 2005 on grey water re-use within Lot 10 was submitted with the Statement of Environmental Effects. The Planning Officer should ensure comments and conditions provided by Council’s Environmental Health Officer are incorporated into any development consent issued.

 

Traffic Comments

 

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

 

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.

 

Traffic Generation

 

The submitted plans show a total of 19 units. Whilst this does not represent an increase from the 19 units detailed in the Masterplan, the mix of unit types has changed and may result in a small increase in traffic generation over and above the traffic generation of the approved Masterplan.

 

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

 

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

 

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

 

The Planning Officer should ensure that consideration is given to any recommendations provided by the Police representative and the Traffic Engineer prior to the issuing of development approval.

 

Parking Provisions

 

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

 

According to Council’s DCP - Parking, a total of 29.5 (1x1 + 11x1.2 + 7x1.5 + 19/4) parking spaces are required for the development (25 residential spaces and 5 visitor spaces). The submitted plans show a total of 30 spaces being provided in accordance with this requirement.

 

However, it is noted that the submitted plans do not appear to demonstrate how a visitor vehicle will be able to turn around and exit the site in a forward direction if all parking spaces are full. It is recommended that the planning officer consider conditioning the approval to relocate the secure storage cage from between spaces 28 and 29 to facilitate provision of a turning bay at this location.

 

Two covered car washing bays shall also be provided for this development. It is noted that these may be provided within the proposed visitor parking spaces however the car washing bays must be signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’. The submitted plans show two wash bays as required.

 

Further, a minimum of 8 secure bicycle spaces are to be provided within the site.

 

Access Ramp

 

The ramp grades along the vehicular access into the basement carpark shall be in accordance with AS 2890.1 (2004). The plans submitted for the construction certificate shall clearly demonstrate compliance with this requirement.

 

Groundwater Comments

 

The applicant has submitted two geotechnical reports by Douglas Partners dated April 2005 and October 2005. The reports state that whilst groundwater was not encountered within the depths of the investigations, there is likely to be some seepage at the soil-bedrock interface. A condition has been included in this report stating that should significant continual seepage flows be encountered, then the basement carpark is to be suitably tanked and waterproofed.

 

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

 

Waste Comments

 

The waste storage area shall be sized to contain a total of 20 x 240 litre bins (10 garbage bins & 10 recycle bins) whilst providing satisfactory access to these bins. The submitted plans demonstrate compliance with this requirement.

 

Given the relatively steep grades proposed for the basement driveway (that is, grades beyond the 1:14 bin-carting grade proposed in the Better Practice Guide for Waste Management in Multi-Unit dwellings); concerns were raised at the prelodgement meeting regarding transportation of the waste bins from the proposed waste storage area in the basement to the kerbside for collection each week.

 

A Waste Management Plan prepared by Stockland Pty Ltd dated 23 June 2005 was submitted with the development application and notes that an electro-magnetic device will be used to transport waste bins from the basement storage area to the kerbside for collection.

A condition has been included in this report stating that prior to the issuing of a construction certificate, the applicant shall submit to Council and have approved by Council’s Waste Compliance Officer, details regarding to the proposed electro-magnetic device to be used for transporting bins to the kerbside for collection.

 

Comment

 

In relation to the visitor parking issue, the applicant has agreed that the basement storage area adjacent to the western basement lift is to be relocated to where the bike storage is currently shown on plan numbered AR.DA.03, issue 1, dated 08.08.05 and received by Council on 10 August 2005 and the bike storage will be provided at the ground floor level adjacent to the western fire stair exit. An appropriate condition is included in the recommendation of this report to address these changes.

 

Conditions proposed by Development Engineer have been included in the recommendation section of this report.

 

6.3     Manager of Environmental Health and Building Services

 

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

 

6.3.1  Building Services Comments

 

The Proposal

 

The proposal provides for the demolition of the existing dwelling and construction of a new four (4) storey Multi Unit Housing residential development with basement car park.

 

BCA Building Classification

 

Class          -        2      (Residential Units)

Class          -        7a    (Carpark)

 

Background

 

The site is currently vacant and adjoins Macartney Park and is part of a larger redevelopment of the old Prince Henry Hospital site.

 

Key Issues

 

Noise:

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

 

Site Management:

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

 

Building Code of Australia (BCA):

 

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

 

Access for people with a disability:

 

Although access and facilities for people with disabilities is not required under the Building Code of Australia, wherever practicable the entrance to a multi unit housing development should aim to facilitate some degree of accessibility to the building. In this regard consideration could be given to the following suggestions: (include suggestions if any)

 

Conclusion:

 

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

 

6.3.2  Environmental Health comments

 

The proposal

 

The proposal is for the erection of four storey residential development comprising 19 apartments comprising of a basement car park for 30 vehicles, grey water capture and reuse, in-slab heating, associated plant and equipment.

 

Key Issues

 

Land Contamination

 

The site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act and as per Council consent 1188/02 as amended. A site audit statement (SAS) has been issued for the subject super lot 10.

 

Acoustics

 

Vipac engineers have prepared an acoustic assessment in accordance with the recommendations and guidelines set out in Councils DCP, the BCA, relevant Australian Standards and the DEC guidelines. A number of criteria and recommendations have been set and made. Appropriate conditions are to be imposed on the consent.

 

Grey Water Treatment and Re-use

 

The application details the proposal of the capture and reuse of grey water. I discussed the matter with Adrian Langdon from DUES (ph: 8281 7340) and he explained it would be necessary and appropriate to condition the consent in relation to odour and noise management; bunding and discharge to sewer; suitable storage of chemicals; compliance with interim guidelines/criteria; requirement for LGA approvals etc. It currently a requirement that waste water is treated before it is re-used.”

 

6.5     Heritage Council of NSW

 

The Heritage Council advised of its approval of the integrated development application in an email dated 15 November 2005 in accordance with General Terms of Approval. The General Terms of Approval have been included as conditions of consent.

 

7        MASTER PLANNING REQUIREMENTS

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan for the redevelopment of sites having an area in excess of 4,000 square metres and which must be adopted and in force prior to the grant of development consent. Following amendments to the Environmental Planning and Assessment Act 1979, gazetted on 16 June 2005, master plans are now designated as deemed Development Control Plans.

 

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

 

8        RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

§  Environmental Planning and Assessment Act, 1979 (as amended)

§  State Environmental Planning Policy No. 1 – Development Standards

§  State Environmental Planning Policy No. 19 – Bushland in Urban Areas

§  State Environmental Planning Policy No. 55 – Remediation of Contaminated Land

§  State Environmental Planning Policy No. 65 – Design Quality Of Residential Flat Development

§  State Environmental Planning Policy No. 71 – Coastal Protection

§  State Environmental Planning Policy – State Significant Development

§  Randwick Local Environmental Plan 1998

§  Development Control Plan – Prince Henry Site

§  Development Control Plan – Parking

§  Section 94 Contribution Plan

§  Rainwater Tank Policy 2003

§  Building Code of Australia

 

8.1     Randwick Local Environmental Plan 1998

 

The Prince Henry Hospital site is zoned Residential 2D, Open Space 6A, and Environmental Protection-Natural Heritage Areas Zone 7 under the Randwick Local Environmental Plan 1998. The subject site is zoned Residential 2D. The proposal is permissible with development consent.

 

The following relevant clauses apply to the proposal and are addressed in detail in Section 9 below:

 

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

Clause 40        Excavation and filling of land

Clause 40A     Master plans

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

 

8.2              Relevant State Environmental Planning Policies

 

State Environmental Planning Policies relevant to the proposal are as follows:

 

§  State Environmental Planning Policy No. 1 – Development Standards

§  State Environmental Planning Policy No. 19 – Bushland in Urban Areas

§  State Environmental Planning Policy No. 55 – Remediation of Contaminated Land

§  State Environmental Planning Policy No. 65 – Design Quality Of Residential Flat Development

§  State Environmental Planning Policy No. 71 – Coastal Protection

§  State Environmental Planning Policy (State Significant Development) 2005

 

The application of these policies to the proposal is addressed in Section 9 below.

 

8.3              Development Control Plans

 

The following Development Control Plans are used as a guide in assessing the proposed development:

 

§  Development Control Plan – Prince Henry Site

§  Development Control Plan – Parking

 

The application of these policies to the proposal is addressed in Section 9 below.

 

8.4              Council Policies

 

The following policies also apply to the site:

 

§  Section 94 Contribution Plan

§  Rainwater Tank Policy 2003

 

The application of these policies to the proposal is addressed in Section 9 below.

 

9        ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Statutory Controls – S79C(1)(a)

 

9.1.1  Randwick Local Environmental Plan 1998 (RLEP)

 

Clause 30A – Development of certain land in Zone No. 2D

 

Clause 30A of the Randwick LEP 1998 states that the controls applicable to land Zone 2D are identified in the supporting built form control maps applicable to the specific site (in this case the Prince Henry Site) which are as follows:

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

4

4

Yes

Maximum FSR

 

1.0:1

1.04:1

No (SEPP 1 Objection submitted) -See Section 9.1.2 below.

Maximum Wall Height

14m

14m

Yes

Maximum Building Height

15m

15.7m (lift core/fire stairs on the roof)

No (SEPP 1 Objection submitted) -See Section 9.1.2 below.

Minimum Landscaped Area (% of site area)

40%

63%

Yes

Minimum soft landscaping (% of site area)

20%

46%

Yes

 

These controls are reflected in the Prince Henry DCP and discussion has been included in Section 9 of this report.

 

Clause 40 - Excavation and filling of land

 

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land. The proposal will require earthworks to be undertaken to construct the buildings and basement car parking areas. This work will not result in any significant impact on the topography of the site, is unlikely to interrupt the drainage patterns of the site or result in soil instability and will not adversely impact upon the scenic quality of the site and locality. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

Clause 40A - Master plans

 

A Master Plan for the subject site was adopted in December 2001 subject to a number of matters being addressed in a revised Master Plan and subsequent development applications for the subject site. A further revised Master Plan consistent with the required amendments was adopted by Council on 27 May 2003. The adopted Master Plan is now a deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005. The deemed DCP acknowledged the use of the subject site for residential purposes and indicated the following provisions for the site:

 

Control

Requirement

Proposed

Complies

Number of Dwellings

19 total

19 total

Yes

Dwelling Types

6 x 1 bedroom

9 x 2 bedroom

4 x 3 bedroom

1 x 1 bedroom

11 x 2 bedroom

7 x 3 bedroom

No – See assessment below

Number of stories

4

4

Yes

Basement Parking

28

30

Yes

Footprint

618m2

490.83m2

Yes

Gross Floor Area

2,472m2

2,208.44m2

Yes

Maximum Building Height

RL 52.0

RL 52.70

No (SEPP 1 objection submitted) – see Section 9.1.2 below

 

The proposal is generally consistent with the deemed DCP with the exception of the dwelling mix and maximum building height. These variations are considered to be acceptable for the following reasons:

 

§  The proposal results from detailed design whereas the deemed DCP is based on indicative/conceptual design. Further, the deemed DCP states that minor variation can be anticipated in the mix, number and area of dwellings and associated car parking in future development applications.

 

§  The proposed development provides a total of 30 car parking spaces in the basement car park which complies with the relevant requirements of the Prince Henry DCP. It is not anticipated that the changes in the mix of dwelling types will have any significant impact on the surrounding road network.

 

§  The proposal has a height, bulk and scale that will not be visually intrusive and will be sympathetic in its context and setting within the Prince Henry site and therefore is not considered an overdevelopment. Furthermore, the Design Review Panel has raised no objections to the design, height, bulk and scale of the proposal.

 

§  The areas of non-compliance with the maximum building height requirement are associated with the lift core/stairs located on the roof, the remainder of the building complies with the maximum building height of 15 metres. The non-compliance is minor and will not adversely affect the amenity of adjoining or nearby land.

 

In addition, a Section 94 contribution will be applied to account for the variation of dwelling types should approval be granted (see Section 9.1.4.1 below).

 

On the 18 October 2005, Council adopted amendments to the deemed DCP subject to variations. These amendments relate to land in the southern half of the Prince Henry site (i.e. south of Pine Avenue) and, therefore, are not relevant to the subject proposal.

 

The development is considered satisfactory with regard to the approved deemed DCP for the site and clause 40A of RLEP.

 

 

 

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

 

Clause 43 of RLEP relates to heritage items and heritage conservation areas.  The subject site lies within the Prince Henry Site which is located within a conservation area which has been gazetted in the State Heritage Register. A Heritage Impact Assessment has been prepared and lodged with the application which has been assessed by Council’s Heritage Planner. In addition, the application has been referred to the Heritage Council of NSW as integrated development and the Heritage Council has issued its General Terms of Approval (GTA) for the proposed development. These GTAs have been incorporated as conditions of consent should approval be granted.

 

9.1.2  Relevant State Environmental Planning Policies (SEPPs)

 

The State Environmental Planning Policies that are relevant to the proposal are as follows:

 

9.1.2.1        SEPP 1 – Development Standards

 

a)      Floor Space Ratio

 

A floor space ratio of 1:1 is applicable to the subject site pursuant to Clause 30A (2) of RLEP. The proposed development has an overall floor space ratio of 1.04:1. A summary of the non-compliance is shown below:

 

Site Area                                                           2,123m²

Maximum permissible FSR                                         1:1

Allowable Floor Space                                      2,123m²

Proposed FSR                                                      1.04:1

Proposed Floor Space                                       2,208m²

Area exceeding allowable FSR                           85m²

 

The applicant has submitted an objection under State Environmental Planning Policy No. 1 - Development Standards, and has argued that strict compliance with clause 30A (2) of RLEP is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

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

 

The FSR control in question is a development standard contained in the RLEP.

 

2.       The underlying object or purpose of the standard

 

The underlying purpose of the standard, as outlined in RLEP, is:

 

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

 

 

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

 

The proposed development is consistent with the planning objectives for the locality in that it will promote the redevelopment of the Prince Henry Site especially in the provision of multi unit housing development in the designated allotment as required in the deemed DCP and the Prince Henry DCP  and will provide for a mix of dwelling sizes and types to meet the needs of different households. The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for a residential use in the Prince Henry site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

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

 

It is considered that a development compliant with the prescribed FSR control would be unreasonable on the subject site given that the non-compliant proposal can readily achieve the associated objectives of the standard in that it will provide an appropriate mix of dwelling sizes and types to cater for different household requirements now and in the future. Furthermore, the proposed bulk and scale of the building will not be visually intrusive in the existing streetscape and will be compatible with the proposed future developments in the immediate vicinity of the subject site.

 

In addition, the new building will not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access (see Section 9 below).

 

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

 

5.       Whether the objection is well founded.

 

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

 

§  Articulated the underlying stated objectives of the standard clearly.

 

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

 

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

 

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

 

-        The primary reason the floor space of the proposed development exceeds the maximum permissible FSR has been in an effort to accommodate an appropriate mix of apartment sizes, especially to include a reasonable proportion of 3 bedroom units.

-        The building has been designed to maximise amenity to primary internal and external living spaces and minimise any negative impact on adjoining properties.

-        The extent of the non-compliance is minor and does not result in any substantive adverse environmental impacts.

-        The proposal will provide a high quality contemporary design that is sympathetic to the desired future character of the area.

-        The scale and nature of the non-compliance does not give rise to matters of state or regional significance, nor does the no-compliance adversely affect the public interest.

 

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

 

b)      Maximum Building Height 

 

The maximum building height applicable to the subject site pursuant to Clause 30A (4) of RLEP is 15 metres. The proposed development has a maximum overall height of 15.7 metres, measured from the ground level to the top of the lift overruns/fire stairs/plant room on the roof. It should be noted that the Statement of Environmental Effects incorrectly refers to a height of 16.7m. The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 30A (4) of RLEP is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

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

 

The maximum building height control in question is a development standard contained in the RLEP.

 

2.       The underlying object or purpose of the standard

 

The underlying purpose of the standard, as outlined in RLEP, is:

 

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

 

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

 

The proposed development is consistent with the objectives of the relevant standard in that the overall height of the building will be consistent with the adjoining development and will not result in any significant adverse impacts on the amenity of the adjoining properties in terms of overshadowing, visual amenity and views enjoyed by adjoining properties.

 

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

 

It is considered that a development compliant with the prescribed maximum building height control would be unreasonable in that the only areas of non-compliance are associated with the lift core/stairs located on the roof, the remainder of the building complies with the maximum building height of 15 metres. It is therefore considered that the non-compliance is minor and should not adversely affect the amenity of adjoining or nearby land.

 

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

 

5.       Whether the objection is well founded.

 

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

 

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

 

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

 

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

 

-        The remainder of the building complies with the maximum building height of 15 metres, the only areas of non-compliance are associated with the eastern and western lift core/stairs which are slender structure that constitute 15% of the southern façade length. Their slender dimensions and the dark grey painted finish will ensure that they do not result in any adverse impacts in terms of overshadowing, visual amenity or views enjoyed by adjoining properties. The sun hoods on the northern edge of the roof of the building, which exceed the maximum building height by 700mm.

-        The lift core/stairs are required to facilitate access for maintenance to the roof and roof mounted solar panels and photovoltaic cells.

-        The extent of the non-compliance is minor and does not result in any substantive adverse environmental impacts..

 

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

 

9.1.2.2        State Environmental Planning Policy No. 19 – Bushland in Urban Areas (SEPP 19)

 

SEPP 19 requires the consent authority to consider the potential impact of the development on and the proposed management of “bushland” within or adjacent to the land. Remnant stands of native bushland including Eastern Suburbs Banksia Scrub (ESBS) are included in the area the subject of this application. Land containing ESBS is located approximately 80m to the north of the subject site and would be considered bushland for the purposes of the policy. Whilst the land is not zoned or reserved under an environmental planning instrument for open space purposes, the objectives for the protection of the bushland are still relevant. The proposed development is consistent with the aims of the SEPP as it will not affect the bushland in terms of overshadowing or construction impacts given that the considerable distance between the subject site and the bushland (i.e. the subject site is remote from the bushland such that it would not be affected by the proposed development).

 

9.1.2.3        State Environmental Planning Policy No. 55 – Remediation of Contaminated Land (SEPP 55)

 

SEPP 55 provides a state wide practice for the remediation of contaminated land. Sections of the former Prince Henry Hospital site are currently being remediated in accordance with SEPP 55 and the Contaminated Land Management Act.

 

The Prince Henry site is subject to two separate Remediation Action Plans (RAP 1 and RAP 2) being for chemical contamination in the soil and asbestos contamination in the soil. These RAPs are applicable to the subject site.

 

The applicant has advised that the remediation of the subject site is subject to a final Site Audit Statement which has been prepared by the Site Auditor, Paul Steinwade (ERM) on behalf of Landcom stating the site is suitable for residential use.

 

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

 

The proposal is defined as “residential flat development” for the purposes of SEPP 65.  Clause 30(2) of SEPP 65 requires the consent authority to consider the following:

 

(a)     The advice of the Design Review Panel;

(b)     The design quality of the development when evaluated in accordance with the design quality principles described in the SEPP; and

(c)     The Residential Flat Design Code

 

An assessment of the proposal in accordance with the SEPP 65 has been undertaken by Council’s Design Review Panel. As a result of reviewing the development at its September 2005 meeting, the Panel considers the proposal to be well designed and has no objections. Comments made by the Panel are reproduced in Section 6.1 of this report.

 

9.1.2.5        State Environmental Planning Policy No. 71 – Coastal Protection (SEPP 71)

 

SEPP 71 provides for appropriate and suitably located development within the coastal zone of NSW through legislation of the NSW Coastal Policy. Currently, the policy does not specifically apply to the Prince Henry Site.

 

9.1.2.6        State Environmental Planning Policy (State Significant Development) 2005

 

This SEPP consolidates previous provisions for State Significant Development and requires that the Minister is the consent authority for such development. The site is not listed in the Schedules attached to the SEPP as being of state significance. In addition, the SEPP does not apply to applications lodged prior to May 25, 2005. No further consideration of the SEPP is required.

 

9.1.3  Development Control Plans

 

9.1.3.1        Development Control Plan - Prince Henry Site

 

The DCP applies to the developable land within the Prince Henry Site and contains controls that are specifically precinct based. The subject site lies within Precinct P1 and, as such, is subject to the following specific precinct controls:

 

Control

Requirement

Proposal

Complies

Density

 

 

 

Maximum number of storeys

4

4

Yes

Maximum FSR

 

1:1

1.04:1

No (SEPP 1 Objection submitted) See Section 9.1.2.1 above

Height

 

 

 

Maximum Wall Height

14m

14m

Yes

Maximum Building Height

15m

15.7m (including northern sunhood, lift overrun and stair)

No (SEPP 1 Objection submitted) See Section 9.1.2.1 above

Landscaped Area

 

 

 

Minimum Landscaped Area (% site area)

40%

63%

Yes

Minimum soft landscaping (% site area)

20%

46%

Yes

Setbacks

 

 

 

Setback to the northern (Oval Park) boundary

4m

0.8m at ground floor level and 4m for floors above

No – see assessment below

Side Setbacks:

Western

 

Eastern 

 

6m

 

6m

 

5.6m

 

6m

 

No – See assessment below

Yes

Building and Articulation Depth

 

 

 

Minimum articulation depth:

Northeast

Southwest

 

 

2m

2m

 

 

2m

2m

 

 

Yes

Yes

Maximum building depth for 3-4 storey apartment buildings

13m

12m

Yes

 

The DCP also contains a range of performance criteria for five key elements of the DCP namely site context, subdivision and amalgamation, building and site design, sustainable design, and facilities and access. The proposal generally complies with the relevant performance criteria for five key elements and the non-compliances with these performance criteria are discussed below:

 

Northern Setback

 

The DCP specifies a 4 metre setback from the northern (Oval Park) boundary with a 2 metre wide articulation zone. The majority of the building (Levels 1 to 3) complies with these requirements except for the ground floor terraces created by the basement car park which projects a maximum of 1.2 metres above finished ground level and encroaches into the setback by approximately 2 metres for the entire length of the building and the four sets of stairs which provide direct access to the Oval Park from the ground floor terraces encroaches a further 1.2 metres into the 4 metres setback area. As a result, the proposal has a minimum setback of approximately 800mm from the northern boundary.

 

The applicant was advised to redesign the terraces in order to reduce the visual impact when viewed from the public domain and to satisfy the relevant objectives of the Prince Henry DCP which seek to reinforce the curved form of Oval Park via a strong, consistent built edge and to ensure a consistent built edge along park and street frontages.

 

Amended plans were submitted on 7 November 2005 showing the height of the stone clad walls which addresses the Oval Park has been reduced from 1.8 metres to 1.34 metres, the stairs are recessed into the terraces and changes to the balustrade design. It is considered that these amendments are acceptable and represents a vast improvement to the original scheme and are more consistent with the relevant objectives of the DCP. Notwithstanding, the majority of the building complies with the northern boundary setback requirement and provide a strong and consistent built edge to the Oval Park which reinforces the curved form of the Park. It should be also noted that this issue was raised at the Design Review Panel meeting on 5 September 2005 and no objections were raised in relation to the potential solution as submitted by the applicant on 7 November 2005.

 

Western Setback 

 

The DCP specifies a 6 metre setback from the western side boundary is required. The proposal provides steel framed aluminium louvre screen panels to the windows and part of the terrace/balconies of dwelling Nos. 7, 9 14 and 19 on the western elevation of the building. The louvre panels encroach into the setback by 450mm. It is considered that the non-compliance is minor and given the louvre panels are provided to improve the privacy of the residents and to minimise the impact of western sun, it should not result in any significant impacts on the amenity of the adjoining properties. In addition, the structures are attached to the building and therefore will read as part of the building. Further, the louvre panel to the ground floor window and terrace stop 1200mm short of ground level and hence will not affect the area available for landscaping.

 

Energy and Greenhouse

 

Part 5.1 of the DCP requires the provision of an external clothes drying area, screened from the street, available for all dwellings and sited to receive good winter sun and breezes, where possible, to minimise the demand on non-renewable energy resources and reduce greenhouse gas emissions and to promote energy smart living. Given the subject site is highly visible from the public domain (i.e. the Oval Park) on all sides and therefore it is not considered appropriate to provide an external drying area. Notwithstanding, the applicant has indicated in the Statement of Environmental Effects that the laundries in each of the dwellings will include an internal clothes drying line.

 

Driveway Design

 

Part 6.4 of the DCP requires the driveway to have a maximum width of 3 metres at the property boundary and footpath crossing. The proposed driveway is to be 5.8 metres in width at the eastern side boundary and across the footpath, which fails to comply with the DCP. Notwithstanding, the subject site has a limited frontage to Jenner Street (i.e. 18m) and an unusual allotment configuration, which has limited the options available for the driveway design. Considering the constraints of the subject site, the proposed arrangement having a combined entry and exit driveway is considered to be the most practical solution which will ensure that vehicles are able to pass without causing traffic congestion on site and hence minimises the potential for conflict between vehicles and pedestrians. It is therefore considered that the proposed driveway design is acceptable and satisfies the relevant objective of the DCP.

 

9.1.3.2        Development Control Plan - Parking

 

The proposed development is subject to the following provisions:

 

Control

Requirement

Proposed

Compliance

Multi Unit Housing

 

 

 

1 bedroom

1 space per unit (1 space)

30 spaces (including 24 spaces for residents, 5 spaces for visitors and 1 accessible space)

Yes

2 bedroom

1.2 spaces per unit (13.2 spaces)

3 bedroom

1.5 spaces per unit (10.5 spaces)

Visitor parking

1 space per 4 units (4.75 spaces)

Accessible parking

1 space per 1 adaptable dwelling

 

Total spaces required = 30 spaces

Car Wash Bays

1 space per 12 units (1.6 spaces)

2 bays

Yes

Bicycle

1 space per 3 units (6.3 spaces)

Bicycle racks provided in basement parking

Yes

 

The parking layout satisfies the DCP requirements for parking space dimensions (including allowances for end bays), gradients, headroom and aisle-widths.

 

9.1.4    Council Policies

 

9.1.4.1 Section 94 Contributions Plan

 

Section 94 contributions are not payable for developments that meet the deemed DCP requirements as the open space and community facility provisions in the deemed DCP were designed to meet the requirements of the projected number of residents established in the deemed DCP. Given the proposal varies from the mix of dwelling types as established in the deemed DCP, it is considered appropriate that this variation be subject to a Section 94 contribution calculated as set out below:

 

Dwelling Type

Deemed DCP requirement

 

Proposed

Dwellings subject to Section 94 Contribution

TOTAL ($)

1 Bedroom

6

1 (5 dwellings less than deemed DCP)

5 x $1,195.25 (open space)

5 x $528.50 (community facilities)

- 5,976.25

- 2,642.50

2 Bedroom

9

11 (2 dwellings more than deemed DCP)

2 x $1,792.88 (open space)             

2 x $792.72 (community facilities)

3,585.76

1,585.44

3 Bedroom

4

7 (3 dwelling more than deemed DCP)

3 x $2,732.00 (open space)           

3 x $1,208.00 (community facilities)

8,196.00

3,624.00

TOTAL - Open Space

               - Community Facilities  

Total Additional Contribution payable to Council                            

5,805.51

2,566.94

8,372.45

 

9.1.4.2        Rainwater Tanks Policy 2003

 

Council’s Rainwater Tanks Policy requires installation of rainwater tanks for all residential development. Council’s Strategic Planner has advised that the requirement for rainwater tanks does not apply in the subject site as the stormwater from the site will be harvested into designated storage ponds to contribute to the whole of Prince Henry site irrigation needs under the total water cycle strategy of the DCP. The Deemed DCP also recommends collection of roof water for irrigation as per the total water cycle strategy. Accordingly, the subject site is exempt from Council’s Rainwater Tank Policy. Notwithstanding this, the applicant has submitted a Sustainability Report detailing all ESD measures to be applied in the proposed development including the use of water conservation strategies detailing, amongst other things, the use of high efficiency fixtures and fittings and water-saving landscape irrigation systems.

 

9.2     Likely impact of the development - S79C(1)(b)

 

9.2.1  Sunlight, Privacy and Views

 

Currently, there are no built structures in the immediate area surrounding the subject site nor does the subject site abut any residential area. As such, there will be no immediate impact in terms of overshadowing, overlooking or loss of views from the proposed development.

 

The adjoining allotment immediately to the south of the subject site (i.e. Lot 11) may be developed in the future for a mixed commercial/residential use under the Prince Henry DCP. The proposed building is not considered to have any significant adverse impact on the future redevelopment of this adjoining allotment in that the shadow diagrams submitted with the application reveals that at 9:00am in midwinter, the proposed development will cast a shadow across approximately 70% of the northern elevation of the proposed building on Lot 11. However, by approximately 11:00am, the elevation will not be overshadowed by the proposed building, thereby meeting the minimum requirements of the DCP in regards to sunlight access to adjoining dwellings.

 

The DCP requires that new dwellings must achieve 3 hours of solar access 9am to 3pm midwinter and that solar access to at least 50% of the communal and private open space of adjoining properties must be achieved for at least 3 hours between 9am to 3pm midwinter. The DCP also requires that development maximise north facing roofs for installation of solar collectors.

 

The east-west configuration of the proposed building means that all dwelling units within the proposed development will be oriented to the north to take advantage of solar access and views across Oval Park and thereby satisfy the minimum 3 hours solar access requirement between 9am and 3 pm in mid-winter. In addition, the proposed solar panels have been located on the roof and facing north which also satisfies the requirement of the DCP.

 

The elevations have been treated to modulate solar access by the use of sun shading devices, articulation and overhangs to the western facade with greater areas of glazing on the northern, southern and eastern elevations.

 

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

 

§  Dwellings will predominantly face the frontage to Oval Park.

§  The proposal will have a generous separation distances to the future development to the west and south.

 

In terms of views, the proposal will maintain the view-sharing principles of the Prince Henry DCP as the proposal complies with the view corridor requirement of the Prince Henry DCP.

 

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

9.2.2  Traffic and Access

 

As noted in the comments provided by Council’s Development Engineer that whilst the proposed development does not represent an increase from the 19 dwellings detailed in the deemed DCP, the mix of dwelling types has changed and may result in a small increase in traffic generation over and above the traffic generation of the approved deemed DCP.

 

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

 

In response to these concerns, the applicant has submitted a ‘Supplementary Traffic and Parking Report’ prepared by GSA Planning dated May 2005 which assessed the impacts of increased traffic generation (arising from the changes in dwelling types) over and above the deemed DCP. This report was referred to the Sydney Regional Development Advisory Committee (SRDAC), and considered at the July 21 meeting of the Committee.  Written comments dated 17 August 2005 were received in Council on 18 August 2005. Whilst the SRDAC has concluded that the proposal will not have a significant traffic impact on the adjacent classified road network, it noted that the Police had raised some concerns regarding the ability of the internal road network to cope with the additional traffic. Consequently, the supplementary traffic report was referred to Council’s Traffic Co-ordinator for discussion with police representatives. In these discussions, the Police indicated that their concerns related primarily to the proposed width and configurations of roads within the Prince Henry site. The standards and configurations of roads and other infrastructure within the Prince Henry site have been the subject of a long process of planning in both the master planning and DCP stages, culminating in approval under DA Nos. 433/2003, 862/2003 and 1102/2003 (see table in Section 4 above). As the widths and configuration of roads within the Prince Henry Site have been established, the concerns raised by the Police are not considered relevant to, and outside the scope of, the assessment of the subject application. Accordingly, the increase in traffic generation in the proposed development (above that projected under the deemed DCP) is not considered to have a significant traffic impact on the adjacent classified road network as originally indicated by the SRDAC.

 

9.2.3  Ecologically Sustainable Development

 

The Prince Henry DCP requires the preparation of a Sustainability Building Report by an appropriately qualified professional to improve the energy efficiency of the proposed building. The applicant has provided a Sustainability Report prepared by a consultant engineer, outlining the ESD objectives for the proposed development and strategies for evaluating and achieving those objectives. In accordance with this brief, the proposal will incorporate the following sustainability measures:

 

§  Cross ventilation has been proposed throughout with the use of dedicated natural ventilation opening with flyscreens. 90% of dwellings have either cross flow ventilation or are split level dwellings.

§  A centralised solar hot water system with gas fired back up will be provided to the dwellings.

§  The dwellings will incorporate separate five star rating air-conditioning systems.

§  All common area lighting will be provided with compact fluorescent lamps and the car park will be provided with high efficiency fluorescent lamps.

§  Building orientation to provide future occupant with optimum sun-control.

§  Use sun control elements comprising a combination of vertical and horizontal external shading devices, internal blinds and glare control.

§  Building to be insulated with R3.5 roof insulation, R1.5 wall insulation at the eastern and western ends of the building and dwellings in the middle of the building will have R1.0 wall insulation.

§  Use of photo-voltaic cells on the roofs.

§  Landscaping designed to require minimal irrigation.

§  Use of best practice water management solutions including AAA rated fixtures and ratings and 6/3 litre dual flush WCs.

 

These measures are considered appropriate in achieving ESD objectives.

 

It should be noted that, the applicant has provided a NatHERS assessment of the proposal indicating that the majority of the dwelling comply with DCP’s requirement for a NatHERS rating of 4.5 stars and above. Two of the dwellings achieve 4 stars and three dwellings achieve 3.5 star. The building achieves an area weighted NatHERS rating of 5 stars. This complies with the DCP requirements. However, the applicant has also provided a BASIX assessment of the proposal in accordance with BASIX modelling requirements for multi-unit housing which shows that the proposed development will achieve a 41% energy saving target which would comply with the 25% saving target under BASIX, and a 47% water saving target (if the stormwater is counted towards reuse) which would comply with the 40% water saving requirement under BASIX. Accordingly, the proposal is considered acceptable in terms of energy and water conservation.

 

The proposed development will be well served by public buses along Anzac Parade, linking the subject site to the CBD, Railway Square, Bondi Junction, and Randwick Junction in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with ESD principles.

 

A waste management plan has been submitted as per the requirements of the DCP.

 

Overall, the proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

9.2.4  Facilities and Access

 

The performance criteria for facilities and access include requirements for pedestrian and cycle access, barrier free access and vehicular access and parking, storage and driveway design. The development provides for pedestrian access from the east and west entrances to the building from Jenner Street and from the basement parking to the site. Vehicular access from Jenner Street will be provided as per the deemed DCP and Prince Henry DCP requirements. A transport access guide has been included in the education package for the site detailing available public transport to and from the site in accordance with DCP requirements. Bicycle parking has been provided in accordance with DCP requirements. One dwelling and parking space are provided for people with a disability (i.e. Dwelling No. 7).

 

The location of the driveway off Jenner Street complies with Council’s requirements for minimising pedestrian and amenity conflicts. The driveway is 5.8 metres wide at the property boundary and while this exceeds the control in the DCP, it is considered acceptable given the constraint of the subject site and the size of the development proposed.

 

The development provides two storage areas in the basement for use of dwellings. Internal storage in the form of wardrobes and built-in storage is also shown within the dwellings themselves. A condition is included in the recommendation of this report to ensure the development meets the DCP requirements.

 

Conditions requiring adequate utilities to be provided to the development have been included in the Recommendation, where these have not been expressly shown on the plans.

 

The proposal is satisfactory with regard to the Facilities and Access provisions of the DCP.

 

9.2.5  Site Remediation

 

Sections of the former Prince Henry Hospital site have been remediated in accordance with SEPP No. 55 and the Contaminated Land Management Act as provided for under DA No. 1188/2002 which was approved on 28 February 2003. As noted in Section 6.3.2 in this report, a Site Audit Statement has been issue for the subject site.

 

9.2.6  Social and Economic Impacts

 

The proposal will increase the availability of housing and promote the objectives of the zone.  The effect of the proposal would be to bring more people to the site resulting in a new community likely to include young families, “empty nester” household, and share households, which will in turn encourage the location of services and facilities into the area. Overall the proposal presents a positive impact within the site and locality.

 

9.3     Suitability of the site – S79C(1)(c)

 

The subject site is part of the developable land within the Prince Henry Site which is identified in the revised Master Plan adopted by Council on 27 May 2003 (now referred to as a deemed DCP). In doing so, Council considered the suitability of a range of proposed land uses and their location within the Prince Henry site. The subject site is specifically identified in the deemed DCP as a location for a multi-unit housing development. The proposal is generally consistent with the terms of the deemed DCP and as demonstrated above the proposal will not have an adverse impact on any item of environmental, archaeological, heritage or cultural significance.

 

Development Consent No. 1188/02 for the demolition of buildings and the remediation of the Prince Henry site was issued on 28 February 2003. The subject site will be remediated in accordance with the terms of this consent. Once remediated, the site will be suitable for the purposes proposed under this development application and the master plan generally.

 

9.4     Any submissions made – S79C(1)(d)

 

The proposal being integrated development was notified and advertised for a period of 30 days between 31 August 2005 and 30 September 2005. No submission was received by Council during this notification/advertising period.

 

9.5     The public interest – S79C(1)(e)

 

The proposed development is consistent with the deemed DCP and the Prince Henry DCP and will provide the local community with a form of high quality housing and takes advantage of its proximity to the full range of urban facilities and services available to the site. As a consequence, the proposal will have a positive social benefit for the local community and is considered to be in the wider public interest.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposal is permissible with the consent of Council on the subject site and generally complies with the development standards contained in the RLEP and the relevant requirements of the deemed DCP and Prince Henry DCP with the exception of FSR, building height, setbacks, driveway design. Whilst the proposal does not meet the numerical requirements of the relevant planning instruments, it has been demonstrated in this report that the objectives of the relevant requirements are satisfied in each instance. The proposed development has been assessed by the Heritage Council of NSW and the General Terms of Approval was issued.

 

The proposal will not have a significant impact on surrounding properties, heritage items and areas and the non-compliances have been assessed and found acceptable as the proposed building will not be visually intrusive or bulky and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views.

 

Given there are a number of issues which need to be addressed prior to the issue of the development consent, the application is therefore recommended for approval subject to deferred commencement conditions .

 

RECOMMENDATION:

 

A.      THAT Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 30A(2) and 30A(4) of the Randwick Local Environmental Plan 1998 (as amended), relating to maximum floor space ratio and building height, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

AND

 

B.      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. DA/0644/2005 for the erection of a four storey multi unit housing development containing 19 dwellings, one level basement parking for 30 vehicles, associated landscape works and utility service installation at 7 Jenner Street, Little Bay, subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.       The storage area adjacent to the western lift at the basement floor level is to be relocated to where the bicycle racks is currently shown on plan numbered AR.DA.03, Issue 1, dated 8 August 2005 and received by Council on 10 August 2005 and a minimum of 8 secure bicycle spaces are to be provided at the ground floor level adjacent to the western fire stair exit.

 

2.       The bedrooms fronting the Oval Park on levels 2 and 3 are to be provided with additional sun-shading devices.

 

3.       Details of all fencing on site including east and west entrances and associated structures indicating compliance with Part 4.16 Fences of the Development Control Plan for Prince Henry Site.

 

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

 

Development Consent Conditions

 

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

 

Referenced Plans:

 

1.       The development must be implemented substantially in accordance with the following plans:

 

§  AR.DA.03, Issue 1, dated 08.08.05, stamped received by Council on 10 August 2005;

§  AR.CC.04, Issue 6, dated 04.11.05, stamped received by Council on 7 November 2005;

§  AR.DA.05, Issue 2, dated 11.10.05, stamped received by Council on 14 October 2005;

§  AR.DA.06 to AR.DA.08, Issue 1, dated 08.08.05, stamped received by Council on 10 August 2005; and

§  AR.CC.19 to AR.CC.21, Issue 3, dated 04.11.05, stamped received by Council on 7 November 2005;

 

          the application form, and on any supporting information received with the application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces of the building are to be consistent with that indicated in the sample board accompanying the subject development application and received by Council on 10 August 2005.

 

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

 

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

 

5.       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.

 

6.       Television aerials, and/or satellite dishes are not to be installed without the prior consent of Council.

 

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

 

8.       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.

 

9.       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 City Planning, prior to the commencement of works.

 

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

 

11.     The Environmental Education Toolkits and Resource Packages prepared in accordance with Section 5.5 Environmental Education of the Prince Henry Site DCP are to be provided for all residents in the building. 

 

12.     In accordance with the provisions of Clauses 143A and 154A of the Environmental Planning and 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.

 

13.     Storage is to be provided to the development in accordance with Section 6.6 Storage of the Prince Henry Site DCP as follows:

 

§  8m³ for each 1 bedroom dwelling

§  10m³ for each 2 bedroom dwelling

§  12m³ for each 3 bedroom dwelling

 

          Details are to be provided on the plans submitted with the Construction Certificate application.

         

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

 

14.     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.

 

15.     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.

 

16.     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.

 

17.     Appliances provided within the development must satisfy any relevant BASIX requirements and as a minimum appliances should satisfy the following energy ratings:

 

§  Clothes dryers minimum 2.5 star

§  Dishwashers minimum 3 star

§  Air conditioners minimum 4 star

§  Clothes washers minimum 4 star

§  Fridge minimum 4 star

 

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

 

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

 

a)       for open space                             $5,805.51

b)      for community facilities                 $2,566.94

                  

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

 

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

 

19.     A Development Application and formal subdivision 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.

 

The following conditions are applied to ensure that the development satisfies the General Terms of Approval issued by the Heritage Council of NSW:

 

20.     The development is to be in accordance with the following documents:

 

a)       Drawings:  AR.DA.01 to 04, 06 to 08, 11 to 14, issue 1 dated 8 August, 2005, and AR.DA.05, 09 & 10 issue 2 dated 11 October, 2005 prepared by Architects Johannsen + Associates;

b)      Ground Floor Terrace Sketch Section, dated 17 October, 2005 prepared by Architects Johannsen + Associates;

c)       Drawings:  DA L01 and L02 revision B, dated 28 June, 2005;

d)      Statement of Environmental Effects (SEE) dated August 2005 prepared by Helen Mulcahy Urban Planning Pty Ltd;

e)       Heritage Impact Statement dated June, 2005 prepared by Tanner Architects

f)       Conservation Management Plan dated February, 2003 and Archaeological Management Plan dated August, 2002 prepared by Godden Mackay Logan and both endorsed by the NSW Heritage Council; and

g)       Bushland Management Plan, dated November 2004 prepared by Manidis Roberts.

 

Aboriginal Archaeology

 

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

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

 

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

 

Historical Archaeology

 

24.     Prior to the commencement of any subsurface disturbance (excavation), all those involved are to be made aware of the potential for historical archaeological relics to survive within the area.  This is to be done through a site induction, which also notifies all involved of their obligations under the Heritage Act 1977 (NSW).

 

25.     In the event that historical archaeological remains or deposits are exposed during the works, the excavation work shall cease immediately and an evaluation of their potential extent and significance should be undertaken and the Heritage Council of NSW notified under the requirements of the Heritage Act.

 

S60 application

 

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

 

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

 

27.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

          Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

28.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

29.     Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

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

 

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

 

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

 

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

 

31.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

          Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

39.     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.

 

40.     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:

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

55.     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.

 

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

 

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

 

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

 

57.     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.

 

58.     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.

 

59.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

The following conditions are applied to provide reasonable levels of access for people with disabilities:

 

62.     To provide reasonable access for persons with disabilities, suitable access ramp/s are to be provided from the entry to the premises and to the building entrance to the satisfaction of the certifying authority and details are to be included in the construction certificate.

 

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:

 

63.     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.

64.     Any fill importation to the site is to be monitored and classified by a suitably qualified environmental consultant or a person with his/her qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’

 

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:

 

65.     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).

 

 

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

 

          The project specific criteria for noise emissions shall be in accordance with the acoustical report dated 23 June 2005, prepared by Vipac Engineers and Scientists Ltd when measured at the nearest affected boundary:

 

67.     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.

 

68.     A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development, which demonstrates that noise and vibration emissions from the development will comply with the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and relevant conditions of approval.

 

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

 

70.     Use and operation of the premises is to comply with the requirements and recommendations as set out Acoustic Report titled “Acoustic Assessment for DA Submission, Report No. 242964-TRP-004118-00, Prepared by Vipac Engineers and Scientists Ltd dated 23 June 2005”

 

71.     The installation of rainwater tanks and grey water treatment systems shall comply with the following noise control requirements:-

 

a)       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.

 

b)      Plant and equipment associated with rainwater tank(s) and grey water treatment systems are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)       The operation of plant and equipment associated with the rainwater tank(s) and grey water treatment systems are to be restricted, if the noise emitted can be heard within a habitable room in any other residential premises:

 

·       before 8.00am or after 8.00pm on weekends or public holiday; or

·       before 7.00am or after 8.00pm on weekdays.

 

72.     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.

 

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

 

74.     An application, in accordance with Section 68 of the Local Government Act 1993 and the Local Government (Approvals) Regulation 1999, must be submitted to and approved by Council prior to a Construction Certificate being issued for the development, for the installation and operation of a Grey water Treatment/Diversion System. Details of compliance with relevant NSW Health Department Guidelines are to be provided with the application.

 

75.     The grey water system is to be designed, installed and operated in accordance with the requirements of relevant NSW Health Guidelines for Grey water and Sewage Recycling systems and devices. (Including the “NSW Health Interim Circular 2004/71 for Greywater and Sewage Recycling in Multi Unit Dwelling and Commercial Premises”)

 

76.     Liquid trade waste materials (or similar) are to be disposed of in accordance with the requirements of the Sydney Water and are to be submitted to the certifying authority prior to the commencement of works

 

Traffic conditions/Civil Works Conditions.

 

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

 

77.     The applicant shall adjust/repair/replace (if required) the existing concrete vehicular crossing and layback at the kerb opposite the proposed vehicular entrance to the site in Jenner Street (NR3). The works are to be in accordance with Australian Standard specifications for driveways, and in general accordance with Randwick City Council's ‘Standard Kerb and Gutter and Vehicular Crossing Detail’ (Drawing SD4).

 

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

 

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

 

80.     The ramp grades on the vehicular access into the basement carpark shall be in accordance with AS 2890.1 (2004). The plans submitted for the construction certificate shall clearly demonstrate compliance with this requirement.

 

81.     A minimum of 8 secure bicycle spaces are to be provided within the site

 

Alignment Level Conditions

 

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

 

82.     The Council’s 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 generally 2.5% above the adjacent top of kerb level along the full site frontage in Jenner Street (NR3).

 

             Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0919.

 

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

 

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

 

Service Authority Conditions

 

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

 

85.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

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

 

87.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

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

 

89.     A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained 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:

 

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 Lot 10 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 stormwater leaving Lot 10 must be discharged to the new storage pond (located adjacent to Fairway 7 within the Coast golf course), via the street drainage system in Jenner Street (NR3). The stormwater shall be discharged directly to the underground drainage system in NR3 (Jenner Street) via a kerb inlet pit (in accordance with the Prince Henry drainage strategy prepared by Connell Wagner). It is noted that all kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

 

93.     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.

 

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

 

95.     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.

 

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

 

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

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

 

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

 

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

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

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

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

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

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

·        A sign adjacent to the pit stating:

 

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

 

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

 

97.     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.

 

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

 

a)       Finished site contours at 0.2 metre intervals over Lot 10;

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

c)       Details of any infiltration/absorption systems; and

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

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

 

100.   Should significant continual seepage flows be encountered 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.

 

Note:

a)       Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site).

 

Waste Management Conditions

 

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

 

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

 

102.   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.

 

103.   The waste storage areas shall be clearly signposted.

 

104.   Prior to the issuing of a construction certificate, the applicant shall submit to Council and have approved by Council’s Waste Compliance Officer details regarding to the proposed electro-magnetic device to be used for transporting bins to the kerbside for collection

 

Landscape Conditions

 

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

 

105.   The landscaped areas shown on the Landscape Plan and Plant Image Sheet prepared by LL of Oculus Landscape Architects, project number S05-017, drawing numbers DA L01 & L02, revision B and A respectively, dated 28.06.05 and stamped received at Council on 10th August 2005 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The detailed landscape drawings and specifications shall include:

 

a.       A site plan at an appropriate scale showing existing site boundaries, existing street trees within or adjoining the property, features on adjoining sites within 6 metres of the common property boundary (buildings, areas of bushland, other structures etc), footpaths, existing and proposed ground levels shown as spot heights and/or contours over the site and at site boundaries, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated.

 

Note:

§  The landscape plan shall show a minimum number of 10 x 100 litre broad canopied trees (not palms) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 8-10 metres at maturity.

 

c.       A planting schedule listing all plants by botanic & common names, plant numbers, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

Notes:

§  No species proposed in the planting schedule shall have the capacity now or at any time in the future, to escape planted areas and invade adjoining lots or areas of bushland.

§  Hedychium gardnerianum (Kahili Ginger) shall be deleted from the plant schedule as this species is already recognized for its invasive qualities.

 

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

 

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

 

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

 

106.   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.

 

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

 

108.   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.

 

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

 

110.   The naturestrip upon the footway (adjacent to Lot 10) 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.

 

111.   The naturestrip around the development shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

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

 

113.   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.

 

114.   A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $5,000.00 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.

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1                 -   Structural provisions

b)      Part C2                -   Compartmentation and separation

c)       Clause C2.6         -   Vertical separation of openings in external walls

d)      Part D1                -   Provisions for escape

e)       Part D2                -   Construction of exits

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 E2                 -   Smoke Hazard Management

j)       Part E3                 -   Lift Installations

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

l)        Part F1                 -   Damp and weatherproofing

m)      Part F2                 -   Sanitary and other facilities

n)       Part F4                 -   Light and ventilation

o)      Part F5                 -   Sound Transmission and Insulation

 

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

 

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

 

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

 

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

 

3.       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.

 

4.       A Site Audit Statement and Summary Site Audit Report has been issued for Super Lot 10 by Paul Steinwede (SAS number PS29 dated 20 May 2005). The applicant is to note that an unexpected finds protocol is included in the Summary Site Audit Report.

 

 

ATTACHMENT/S:

 

A4 Configuration plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

10 November, 2005

FILE NO:

DA/480/2005

 

PROPOSAL:

 Section 96(1A) application to delete Condition 7 of the development consent.

PROPERTY:

 6 Hendy Avenue, South Coogee

WARD:

 East Ward

APPLICANT:

 Mrs J L Ryan

OWNER:

 Mr D G Ryan & Mrs J L Ryan

 

 

 

 

 

 

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, Margaret Woodsmith.

 

The original Development Application for the alterations and new first floor addition including new rear deck and swimming pool, new side carport and front fence was approved under delegated authority on 23 August 2005 subject to 45 conditions. Condition 7 of the consent requires the rear deck to be sited a further 1m from the southern boundary, the stairs to the southern side of the deck to be deleted and a 1800mm high fixed privacy screen of either lattice or fixed louvres to be installed to the southern elevation of the deck at floor level of the deck.

 

The subject application seeks consent under Section 96(1A) of the Environmental Planning and Assessment Act, 1979, to delete Condition 7 of the development consent.

 

It should be noted that part of Condition 7 of the consent was imposed as a result of a written agreement between the owners of Nos. 6 and 8 Hendy Avenue. The intention was to minimise the overlooking of the rear yard area of No. 8 from the proposed rear deck. The deletion of Condition 7 will contravene the intention of the condition and negates the agreement. Despite the written agreement made between the owners of Nos. 6 and 8, the applicant has the right under Section 96 of the Environmental Planning and Assessment Act 1979 to make further applications for modifications to the development consent which has been issued.

 

The subject site is located on the western side of Hendy Avenue between Rainbow Street and Bundock Street in South Coogee and is presently occupied by an existing single storey dwelling house. The site has a frontage width of 15.85m, a side boundary depth of 45.72m and has an overall site area of 724m². The site falls across the site from north to south with a difference in level of up to 3m. Neighbouring the property to the south is a single storey dwelling and to the north and west are the rear yard areas of dwellings fronting Rainbow Street. The locality is residential in nature and contains a mixture of semi-detached and free standing dwellings and multi unit housing development.

 

The objector to the original development application was notified in accordance with the Development Control Plan for Public Notification. As a result of this notification, one submission was received and the main issue is increased privacy loss. 

 

It is recommended that Condition 7 of the consent should not be deleted, and as an alternative, the wording of the condition should be amended to require 1800mm privacy screens to the southern side of the deck to ensure the privacy of the subject and adjoining residents is sufficiently maintained.

 

2.       THE PROPOSAL

 

The application seeks consent to delete Condition 7 of the consent which reads as follows:

 

7.     To reduce the impact of the proposed deck at the rear of the dwelling upon the amenity of the adjoining property at 8 Hendy Avenue Coogee the deck is to be sited a further 1m from the southern boundary, the stairs to the southern side of the deck are to be deleted and a 1800mm high fixed privacy screen of either lattice or fixed louvres is to be installed to the southern elevation of the deck at floor level of the deck and the plans accompanying the Construction Certificate are to be amended accordingly.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is located on the western side of Hendy Avenue between Rainbow and Bundock Streets in South Coogee and is presently occupied by an existing single storey dwelling house. The site has a frontage width of 15.85m, a side boundary depth of 45.72m and has an overall site area of 724m². The site falls across the site from north to south with a difference in level of up to 3m. Neighbouring the property to the south is a single storey dwelling and to the north and west are the rear yard areas of dwellings fronting Rainbow Street. The locality is residential in nature and contains a mixture of semi-detached and free standing dwellings and multi unit housing development.

 

4.       HISTORY OF SITE USAGE

 

Application No.

Description

Determination

Date

BA/658/1980

Carport

Approved

01/01/80

DA/4/1999

Proposed carport to the front of the existing dwelling.

Refused

04/05/99

DA/631/1999

New carport to the northern side of the dwelling.

Approved

24/06/99

DA/480/2005

Alterations and new first floor addition including new rear deck and swimming pool, new side carport and front fence.

Approved under delegated authority.

23/08/05

 

It should be noted that during the assessment of the DA No. 480/2005, a mediation session was organised but was cancelled at the request of the owners of Nos. 6 and 8 Hendy Avenue. The owners subsequently discussed the application independently, and forwarded to Council a letter dated 5 August 2005, which outlined a number of agreed conditions and requested that the letter be considered during the assessment process. The letter was considered by Council’s Assessment Officer who found some of the conditions relating to the removal of the roof above the deck and privacy screens to the upper level bedroom windows to be onerous.  The applicant subsequently requested that these conditions not be imposed on the consent.  Other conditions with respect to privacy screens to the ground level windows, removal of the stairs to the southern elevation of the deck and privacy screens to the deck were included in the delegated report and the subsequent notice of determination.

 

5.       COMMUNITY CONSULTATION

 

The objectors of the original Development Application were notified of the subject application and the following submissions were received:

 

5.1     Objections

 

Michael Johnston, owner and resident of 8 Hendy Avenue, South Coogee

 

Issue

Comment

The requirement in relation to the written agreement with the owners of 6 Hendy Avenue in relation to the rear deck setback from southern boundary, rearrangement of the stair to reduce the potential privacy impacts and privacy screen along the southern elevation of the deck are required to be implemented.

It is acknowledged that part of Condition 7 of the development consent relating to the rear deck was imposed as a result of a written agreement between the owners of Nos. 6 and 8 Hendy Avenue. However, it should be noted that the applicant has the right under Section 96 of the Environmental Planning and Assessment Act 1979 to make further applications to Council for changes to the development consent which has been issued. If the Council is satisfied that the modification proposed will not substantially alter the nature of the original approval and the issues raised by the objectors have been addressed, it may grant the modification.

The impacts of the proposed modification have been addressed in Section 9 below and it is considered appropriate that the wording of Condition 7 should be amended to ensure the privacy of No. 8 Hendy Avenue is sufficiently maintained.

 

6.       TECHNICAL OFFICERS COMMENTS

 

The application was not referred to the relevant technical officers as the original comments received are still applicable.

 

7.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

§  Environmental Planning and Assessment Act, 1979, as amended

§  Randwick Local Environmental Plan 1998

§  Development Control Plan – Dwelling Houses and Attached Dual Occupancies

§  Building Code of Australia

 

8.       SECTION 96 AMENDMENT

 

8.1     Substantially the same

The proposed modification is related to the condition of original development consent and is considered to represent substantially the same development.

 

8.2     Consideration of submissions

 

The issue raised by the objector has been addressed in Sections 5.1 and 9 of this report.

 

9.       ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

The Development Control Plan for Dwelling Houses and Attached Dual Occupancies (DCP) 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.

 

Visual and Acoustic Privacy

 

 

Preferred Solution

Assessment

S1

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

The elevated ground floor rear deck will overlook the rear yard areas of the adjoining properties. Does not comply – see assessment below.

 

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 private open spaces 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.

 

As indicated above, part of Condition 7 of the consent was imposed as a result of a written agreement between the owners of Nos. 6 and 8 Hendy Avenue. The intention was to minimise the overlooking of the rear yard area of No. 8 from the proposed rear deck. The deletion of Condition 7 will contravene the intention of the condition and negates the agreement. Despite the written agreement made between the owners of Nos. 6 and 8, the applicant has the right under Section 96 of the Environmental Planning and Assessment Act 1979 to make further applications for modifications to a development consent which has been issued.  

 

Notwithstanding, it is considered appropriate that part of Condition 7 of the consent in relation to the requirements for the deck to be sited a further 1 metre from the southern boundary and the deletion of a stair to the southern side of the deck be deleted as these requirements are not considered necessary given that privacy screens on the southern elevation of the deck would be sufficient to minimise the potential for overlooking the rear yard of No. 8. Furthermore, the overlooking from the stair to the southern side of the deck should be given minor weight as this stair is only to be used for access to a small drying area.

 

As illustrated in Figure 1 below, Line ‘A’ represents the line of sight beyond a 45 degree angle from the south-western corner of the deck and Line ‘B’ illustrated the line of sight from the middle of the deck. It should be noted that in both instances the part of the rear yard area contiguous to the dwelling of 8 Hendy Avenue will not be affected by the proposed deck if the privacy screens are installed to its southern edge. Furthermore, as shown in Photo 1, part of the rear yard of 8 Hendy Avenue will be obscured by the existing lattice fence on the southern side boundary.  It should be noted that the proposed deck will be setback approximately 2 metres from the southern side boundary in compliance with the preferred solutions of the DCP.

 

 

Figure 1 – line of sight ‘A’ and ‘B’ to the rear yard of 8 Hendy Avenue

from the proposed rear deck

 

 

Photo 1 – View from the proposed rear deck to the rear yard of 8 Hendy Avenue.

 

 

It is therefore considered appropriate that Condition 7 should be amended to include the installation of two privacy screens on the southern edge of the deck and adjacent to the southern external wall of the family room and to the top of the staircase, as these screens would be sufficient to reduce the impact of the proposed deck at the rear of the dwelling upon the amenity of the adjoining property at 8 Hendy Avenue. Subject to the above amendment, the proposed rear deck will satisfy the relevant objective and performance requirement of the DCP.

 

10.     CONCLUSION

 

It is considered that the terms of Condition 7 of the consent should be amended to require 1800mm privacy screens to the southern side of the deck to ensure the privacy of the subject and adjoining residents is sufficiently maintained. 

 

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to amend Condition 7 of Development Consent No. 480/2005 for property at 6 Hendy Avenue, South Coogee, in the following manner:

 

§    Amend Condition No. 7 to read:

 

7.       To reduce the impact of the proposed deck at the rear of the dwelling upon the amenity of the adjoining property at 8 Hendy Avenue, Coogee, two 1800mm high privacy screens shall be installed to the southern edge of the deck (adjacent to the family room and to the top of the staircase).  Details of compliance shall be submitted to and approved by the Director City Planning prior to a construction certificate being issued.

 

 

 

ATTACHMENT/S:

 

A4 configuration plans

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

19 October, 2005

FILE NO:

DA/694/2005

 

PROPOSAL:

 Construction of a new single storey building on the site of the former No. 5 Paper Mill to house new installation of steam raising plant comprising 4 package boilers which include 2 stacks (approximately 35 metres in height)

PROPERTY:

 1891 Botany Road, Matraville

WARD:

 South Ward

APPLICANT:

 Sinclair Knight Merz Pty Ltd

OWNER:

 Amcor Packaging (Aust) Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $9.3 million.

 

The applicant is seeking approval to construct a new single storey building to house four packaged boilers with two exhaust stacks approximately 35 metres in height on the site at 1891 Botany Road, Matraville (AMCOR site). The location of the development is well within the site boundaries on the site of the former No. 5 Paper Mill.

 

Development Application DA/582/2005 was approved on 4 October 2005 and provided approval for demolition of the No. 5 Paper Mill to allow for construction of this proposal.

 

There are many technical issues in relation to this application, including the consideration of a number of State Environmental Planning Policies. The application was referred to the Department of Environment and Conservation (DEC) as ‘Integrated Development’, however advice has been received from DEC that the proposal does not require changes to the DEC issued licence and therefore does not constitute ‘Integrated Development’. Referral has also been made to Sydney Airports Corporation as the height of the stacks may interrupt the Obstacle Surfaces Limitations zone (OLS). Advice has been received that the stacks will not interrupt the OLS, but that the plume from the exhaust stacks may result in turbulence for aircraft overhead. This requires further referral of the application to the Civil Aviation Safety Authority (CASA) for assessment.

 

There have been no responses to Council’s notification/advertising period. The notification process has been checked and all relevant property owners have been correctly notified. AMCOR has set up a community liaison group which meets on a regular basis to discuss issues of concern to residents and any upcoming changes or undertakings by the plant which may impact local residents. The applicant has advised that the installation of the new boilers has been discussed at the community liaison meetings.

 

The site has an area of over 4,000m2. Clause 40A of RLEP98 generally requires a master plan for sites of this size. The proposal is ancillary to the existing industrial use on the site and does not constitute a major redevelopment of the site.

 

There are two recommendations. One is for approval of a master plan waiver for the site, the other is for approval of this development application, subject to deferred commencement conditions of consent relating to the plume rise assessment to be finalised by CASA.

 

2.       THE PROPOSAL

 

It is proposed to construct a new single storey building on the site of the former number 5 paper mill at the AMCOR site at Port Botany. The building will house new steam raising plant comprising four package boilers including two exhaust stacks (maximum 44 metres high).

 

Since 2001, Botany Mill has used one boiler to supply steam to two paper machines. This boiler is 26 years old and has contributed 75% of its operating life. The average operating load of the Mill has increased since the boiler was installed, adding stress on the boiler. Site reliance on the existing boiler would at sometime result in unplanned and extended site outages. The proposal will replace the current boiler with four boilers to provide backup and more reliable steam supply.

 

The new package boilers will operate 24 hours per day.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA:

 

The AMCOR site is located on the corner of McCauley Street and Botany Road in Matraville. The site is irregular in shape has a southern frontage of 700m to Botany Road and a frontage to McCauley Street of 360m. The whole of the site has an area of approximately 130,000m2, the area of the site included in this proposal is approximately 3,200m2.

 

The site has been used as a paper mill since approximately 1902. The area of the site covered by this application is currently occupied by the number 5 paper mill, however approval to demolish this structure has been granted (DA 582/2005), to make way for this proposal. The development is proposed approximately 170 metres to the east of the heritage listed APM building façade on the site’s McCauley Street boundary.

 

 

 

 

 


To the north the site is bounded by parkland (Purcell Park) and residential streets extending to Bunnerong Road. To the west, across McCauley Street are industrial and commercial uses. To the east are open space uses and residential areas. To the south, across Botany Road is the Port Botany industrial area.

 

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

The applicant attended a prelodgement meeting at Council on 23 May 2005. No major issues were raised regarding the proposal, however the applicant was advised to provide a detailed assessment of the proposal against the requirements of the Environmental Planning and Assessment Act and various State Environmental Planning Policies. A representative from the Department of Environment and Conservation also attended the meeting and indicated the application required referral as Integrated Development.

 

As a result of discussions regarding the timing of the development at the prelodgement stage, the applicant lodged a separate approval for the demolition of existing buildings on the site on 21 July 2005 (DA 582/2005). This application was approved on 4 October 2005. The current Development Application was lodged on 29 August 2005. Additional information regarding contamination was requested on 5 September 2005 and was received on 25 October 2005.

 

There is no other relevant history for the site.

 

b.       HISTORY OF SITE USAGE

 

The greater site has been used as a paper mill for many years (since approximately 1902). The actual site for redevelopment was previously used as a paper mill.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with Council’s DCP for Public Notification. In response no submissions were received. The notification procedures have been checked and notification has been carried out in accordance with the DCP requirements.

 

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     Manager, Environmental Health and Building

 

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

 

Environmental Health Comments

 

The Proposal

 

Amcor is proposing installation and construction of new steam raising plant. A previous Development application 582/2005 has been given consent by Council for the demolition of buildings on the site subject of this proposal.

 

Key Issues

 

Contamination

 

Contamination has been considered with respect to the proposed site. Sinclair Knight Mertz were commissioned to undertake an Environmental Impact Statement(EIS).The EIS involved assessing the potential contamination issues.

 

Previous contamination investigations were reviewed as part of the assessment including:

 

·        Preliminary Soil and Groundwater of the Western Portion of Botany Mill by Woodward and Clyde, June 1999.

·        Proposed Botany Paper Mill, Botany Mill, Project 100 ,Environment Impact Statement, undertaken by Coffey ,June 200;and

·        Amcor Packaging ,Proposed New Botany Paper Mill ,Project 100 Environmental Impact Statement ,Sinclair Knight Mertz, July 2000.

 

Based on the review of the available information Sinclair Knight Mertz and Stage 1 Environmental Assessment Sinclair Knight Mertz considered the site to be suitable for ongoing industrial land use.

 

The recommendations also proposed construction works be undertaken in such a way to minimise excavation of any contaminated material not identified.

 

Also the consultant recommended that if other limited excavation be undertaken recommended that an Environmental Management Plan (EMP) be developed to direct construction works.

 

As a result Council required additional information relating to contamination in letter dated 5 September 2005.

 

A meeting was the requested by representatives of Amcor ,SKM and  Council to discuss any outstanding issues in relation to Contamination. The meeting was held in Council Offices on the 12 September 2005.

 

The meeting resolved the following:

 

·        The environmental consultant had to clearly state the site is considered suitable the intended industrial land use;

·        Alternatively if this was not able to be done a detailed site investigation would be required;

·        If the consultant recommended that a contaminant management plan(CMP) be developed prior to construction than the plan should be submitted with the application currently before Council.

·        Any Contaminant Management Plan should be reviewed and confirmed as being appropriate by a suitably qualified person.

 

As a result a Contamination Management Plan has been submitted produced by Sinclair Knight Mertz dated 24 October 2005 to address any potential contaminants of concern that have not been previously identified.

Essentially the contamination review and assessment considers the site to be suitable for the intended ongoing use.

 

As a result of the information submitted it is considered that the site may be suitable for the ongoing use proposed. Appropriate conditions have been included in this report including a validation report to ensure that potentially contaminated land as yet not identified is adequately addressed.

 

Acid Sulphate Soils

 

Acid sulphate soils have been considered by the consultants and based on the information available and the proposed development the presence of acid sulphate soils is not considered likely.

 

Department of Environment and Conservation (DEC)

 

As the DEC are the appropriate regulatory authority for the site the application was referred to them for comment. The DEC has determined that the development is not Integrated and will not require any significant changes to the current licence held with them.

 

The DEC have recommended the inclusion of certain conditions relating to stormwater controls and air emission criteria in letter dated 13 October 2005. These requirements should be included in any consent that may be given they have not been included in this report.

 

Application of SEPP 33

 

The application of SEPP 33 and hazardous use has been referred to Department of Infrastructure Planning for an advisory comment by email. Further information was requested from the applicant relating to distances from residences and gas storage/usage this was received and forwarded to DIPNR. Comments have now been received from DIPNR confirming that SEPP 33 does not apply to the subject proposal.

 

Environmental Control Conditions

 

General Environmental control conditions have included in this report. It is acknowledged that the DEC are the Appropriate Regulatory Authority for the site and have advised that the proposal does not require any significant modifications for the licence currently held with them.

 

RECOMMENDATION

 

It is recommended that the application for the above-mentioned development be approved subject to the following conditions being attached to the development consent.

 

Building Comments

 

The Proposal

 

The proposal provides for the construction of a new steam raising plant/boiler building containing 4 package boilers with 2 boiler stacks approx. 40m in height.

 

BCA Building Classification

 

Class - 8 (Production process building)

 

Background

 

The existing building on site is a post war brick, concrete and fibro structure  bounded by buildings of a similar nature.

 

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 new boiler building 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 to ensure compliance 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.

 

Conditions suggested by the Manager, Environmental Health and Building have been included in the Recommendation section of this report (see Conditions 11-53).

 

6.2     Heritage Planner

 

Council’s Heritage Planner has provided the following comment in relation to the proposed works:

 

The APM building at 19 McCauley Road, Matraville is listed as a heritage item under Randwick LEP 1998. The Inventory Sheet from the Randwick Heritage Study makes reference to a large industrial building with parapets to the street, to the Canary Island palms, and to the significance of the industrial site and the complex of buildings.  The APM site is a large one and includes a complex of industrial buildings used for the manufacture of recycled paper.

 

It is proposed to install new package boilers.  The new boilers will replace an existing boiler which supplies steam to several paper machines. The application does not propose any change to the McCauley Road facade or to the adjacent palm trees.

 

The development application submission has been accompanied by a Statement of Environmental Effects prepared by Sinclair Knight Merz which includes a section on Heritage.  The Statement notes that the old finishing mill on McCauley Street is listed as a heritage item, but will not be affected by the proposed works.  In relation to non-indigenous heritage significance, the SEE notes that the continued use of the site for paper production is of heritage significance in itself, and that the current application will further this traditional use.  In relation to indigenous significance, the SEE notes that there are no known sites in the area of the proposed works, or the surrounding area likely to be uncovered as part of the project.

 

Development of the site occurred over a period of around 90 years, beginning in 1902.  The earliest construction on the site includes the McCauley Street façade, and adjacent buildings.  Previous development applications, which proposed significant demolition of existing buildings and construction of new buildings on the site, provided Heritage Assessments carried out by Graham Brooks and Associates (GBA), including a Preliminary Heritage Assessment (January 1998) and a further Assessment of Heritage Impact (July 2000).  These Heritage Assessments attached a high degree of significance to the McCauley Road facades, the Canary Island palms along McCauley Road, and the water tower.  A medium degree of significance is attached to the original Finishing Room and Rotary Digesters, Beater and Refiner Room.  A low degree of significance is attached to other buildings on the site.  The GBA Heritage Assessment saw the site as having some archaeological potential to contain aboriginal relics and should be investigated prior to carrying out of earthworks associated with new construction.

 

In relation to non-indigenous heritage, it is noted that no.5 Paper Machine Wet End Refiner Room building is in the north western half of the site.  The construction site is adjacent to the Rotary Digesters, Beater and Refiner Room building which has medium significance, according to the GBA Heritage Assessment, and the Water Tower which has high significance.  The construction site is located a considerable distance from the McCauley Road façade, there are no heritage objections to the proposal.  Given that the construction site is close to early buildings on the site including the Water Tower, consent conditions should be included requiring protection of these structures.

 

In relation to indigenous heritage, the Statement notes that there are no sites of indigenous significance known for the proposed area of the works or on the mill site generally.  It is noted that the development application submission does not indicate whether the boiler installation will involve any excavation.  Such excavation may have the potential to impact on indigenous sites, although it is noted that the proposed boiler installation site is located within the footprint of the existing buildings and that the ground in this area would have been previously disturbed when the buildings were constructed.

 

The following conditions should be included in any consent:

 

·        Appropriate protective measures are to be put in place to ensure that the nearby significant built elements including the Water Tower and the Rotary Digesters, Beater and Refiner Room building are not damaged during the construction works.

 

·        If any Aboriginal artefacts are discovered during the works, work will stop immediately and the National Parks and Wildlife Service will be notified. Evidence of the concurrence of the Director General of National Parks and Wildlife shall be submitted to Council prior to recommencement of works.

 

Conditions suggested by the Heritage Planner have been included in the Recommendation section of this report (see Conditions 9 and 10).

 

6.3     Department of Planning

 

The application was referred to the Major Hazards Unit of the Department of Planning for comment and confirmation of the application of SEPP 33 on 3 November 2005. The Department has advised in relation to SEPP 33 that:

 

Given the distance of the boiler installation from the nearest residential area and the fact that no dangerous goods or hazardous materials will be stored on the boiler site, my view is that SEPP 33 would not apply to the proposed development in relation to potential hazards.

 

6.4     Department of Environment and Conservation

 

The Department of Environment and Conservation provided the following comment on 18 October 2005:

 

I refer to your letter of 8 September 2005, seeking comments from the Department of Environment and Conservation (DEC) on the above mentioned Development Application (DA).

 

The DEC has reviewed the information included in the documentation submitted with your letter and based on this information the proposed modifications will not require any significant changes to be made to the Company’s licence. As a result, DEC has determined that the development application is not Integrated Development for DEC purposes.

 

Notwithstanding the above, it is recommended that Council includes the following condition on the development consent:

 

·        The Company should install and maintain appropriate erosion and sediment controls at the site during the construction phase of the development to protect the stormwater system from sediment runoff during wet weather. The details and specifications are outlined in Landcom’s Manual titled “Managing Urban Stormwater Soil and Construction Volume 1,  4th   Edition, March 2004”.

 

In addition to the above, Attachment A will need to form a part of Council’s consent for the installation and operation of the proposed four new boilers. It should be noted that the DEC will be revising the Company’s licence to reflect Attachment A.

 

Conditions suggested by DEC and Attachment A have been included in the Recommendation section of this report (see Conditions 1-4).

 

6.5     Sydney Airports Corporation (SAC)

 

Sydney Airports Corporation (SAC) have advised that the proposal does not breach the Obstacle Limitations Surfaces (OLS). Although the OLS is not breached by the proposal, SAC has advised that the plume rise from the exhaust stacks may result in turbulence to aircraft and requires separate referral to the Civil Aviation Safety Authority (CASA).

 

6.6     Civil Aviation Safety Authority (CASA)

 

In accordance with the advice provided by Sydney Airports Corporation, the applicant provided additional details and plume rise assessment of the proposal and these were referred to CASA (via SAC) on 8 November 2005. As the assessment by CASA can take extended amounts of time and there are no other outstanding issues it is considered appropriate to issue approval subject to deferred commencement conditions requiring CASA to approve the proposal prior to operation of any consent. This condition has been included (see Deferred Commencement Condition 1).

 

7.       MASTER PLANNING REQUIREMENTS

 

Under the provisions of Clause 40A, a Master Plan is required for the development of any site over 4,000m2 in area. Notwithstanding that the area of the ‘site’ for development is approximately 3,200m2 (less than the area requiring a master plan) the whole of the AMCOR site has an area of approximately 130,000m2. Council cannot approve a development application on a site over 4,000m2 in area unless the Council has adopted a Master Plan for the site and it is satisfied that the proposed development is consistent with the Master Plan. However, a master plan waiver may be granted if Council is satisfied:

 

(a)     that the proposed development is of a minor nature only or is ancillary to the current use of the land, or

(b)     that adequate guidelines and controls applying to the land are already in place

 

The site is currently used for industrial paper manufacture, the proposal to upgrade the boilers is considered to be ancillary and is minor work compared with the scale of industrial uses on the site.

 

It is considered that a master plan is not required in this instance and that the requirements of Clause 40A should be waived for this application (see Part A of the Recommendation).

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

§  Environmental Planning and Assessment Act 1979 as amended.

§  Randwick Local Environmental Plan 1998

§  State Environmental Planning Policy (Major Projects) 2005

§  State Environmental Planning Policy 11 – Traffic Generating Development

§  State Environmental Planning Policy 33 – Hazardous and Offensive Development

§  State Environmental Planning Policy 55 – Remediation of Land

§  Building Code of Australia.

§  DCP – Parking

 

a)      Environmental Planning and Assessment Act 1979 as amended.

 

Section 79C of the Act sets out the relevant matters for consideration in development assessment and has been discussed in detail in Section 9 of this report. Specific areas of the Act relevant to this application are listed below:

 

77A   Designated Development

Schedule 3, Part 1 of the Regulations defines Designated Development. For paper mills the definition is as follows:

 

26 Paper pulp or pulp products industries

 

Paper pulp or pulp products industries:

 

(a      that have an intended production capacity of more than:

(i)      30,000 tonnes per year, or

(ii)     0,000 tonnes per year if at least 90 per cent of the raw material is recycled material and if no bleaching or de-inking is undertaken, or

 

(b      that release effluent or sludge:

(i)      in or within 100 metres of a natural waterbody or wetland, or

(ii)     in an area of high watertable or highly permeable soils, or

(iii     in a drinking water catchment.

 

Although the operation of the mill as a whole could be considered Designated Development, Part 2 of Schedule 3 provides the following with regard to alterations and additions:

 

35      Is there a significant increase in the environmental impacts of the total development?

 

Development involving alterations or additions to development (whether existing or approved) is not designated development if, in the opinion of the consent authority, the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development.

 

It is considered that the upgrading of the boilers will have a neutral or positive environmental effect and will not result in any significant increase in environmental impacts compared with the existing development on the site. The proposal is therefore not considered to be Designated Development.

 

Division 5 - Integrated Development

 

The proposal was accepted, advertised and referred to DEC as Integrated Development under the EP&A Act. Advice has been received from DEC that the application does not constitute ‘Integrated Development’ as it does not require changes to the existing licence issued for the activity on the site.

 

b)      Randwick Local Environmental Plan 1998

 

The site is zoned 4A (Industrial) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Industrial

Clause No.

Requirement

Provided

Compliance

32 - FSR

1:1 (130,000m2)

0.52:1 (6,6795m2)

Yes

36(4) – Consideration of Port Botany Landuse Study

DA requires consideration of the study

Consideration provided

Yes

40A – Masterplans

Land size >4,000m2

Waiver Requested

Yes

42B – Contaminated Land

Land to be suitable for intended use

No change to land use

Yes

46 – Development in vicinity of Heritage Items

Consideration of heritage impacts required

Development is on same site as APM Building. Heritage Planner has provided advice of minimal impact.

Yes

 

32 – Floor Space Ratio

 

The proposal complies with the floor space ratio as set by Clause 32 of RLEP98 and will result in a minor reduction of the density existing on the site. The development is satisfactory with regard to FSR.

 

36(4) – Consideration of Port Botany Landuse Study

 

Clause 36(4) requires that Council only grant consent to development of land within the 4A zone if it has considered the Port Botany Landuse Safety Study 1996. Council’s Manager, Environmental Health and Building has provided advice that the proposal is consistent with this document.

 

Clause 40A – Master Plans

 

Refer to discussion under Section 7, above.

 

Clause 42B – Contaminated Land

 

Clause 42B requires that Council is satisfied that any contaminated land is suitable for the purpose proposed. Council’s Manager, Environmental Health and Building has reviewed the possibility for contamination and concluded that the land is suitable for the intended continued use for industrial purposes.

 

Clause 46 - Development in the vicinity of Heritage Items

 

The site is located approximately 170 metres to the east of the APM Building façade on McCauley Street which is heritage listed under the Randwick LEP98. The site is separated from both sites by the existing development on the site. The proposal will not be visually intrusive on the setting of the heritage item and the heritage impact of the proposal has been discussed by the applicant’s consultant and Council’s Heritage Planner (see discussion under section 6.2).

 

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

 

c)       State Environmental Planning Policy (Major Projects) 2005

 

This SEPP has replaced SEPP 34 – Major Employment generating Industrial Development. The SEPP outlines developments which require Ministerial Development under Part 3A of the EP & A Act. Developments described in Schedule 1 of the SEPP are require Part 3A approval and include developments for the purposes of timber milling, timber processing, paper or pulp processing which employ over 100 people or have a capital value of $30 million or more. The development is for additional works to an existing paper processing facility and will not result in employment of over 100 people and has a cost of works of $9.3 million.

 

The site is located within the Port and Related Employment Lands (Map 5- Schedule 2 of the SEPP), but as the works do not comprise shipping, terminal or related uses or manufacture of hazardous goods nor a potentially hazardous waste facility there are no implications for the development.

 

Further consideration of the SEPP and referral to the Minister for approval is therefore not required for this application.

 

d)      State Environmental Planning Policy 11 – Traffic Generating Development

 

SEPP 11 aims to ensure the RTA is aware of traffic generating developments. Part (f) of Schedule 1 provides the following development is to be referred to the RTA under the SEPP:

 

(f)      the erection of a building for the purposes of industry where the gross floor area of the building is or exceeds 20 000 square metres or the enlargement or extension of a building used for the purposes of industry where the gross floor area of that enlargement or extension is or exceeds 20 000 square metres,

 

Part (f) of Schedule 2 also requires referral of applications to the RTA where the proposals are located on or near arterial roads:

 

(f)      the erection of a building for the purposes of industry where the gross floor area of the building is or exceeds 5 000 square metres, or the enlargement or extension of a building used for the purposes of industry where the gross floor area of that enlargement or extension is or exceeds 5 000 square metres,

 

The development has a gross floor area of approximately 1,000m2 and does not require further consideration of the SEPP.

 

e)      State Environmental Planning Policy 33 – Hazardous and Offensive Development

 

The development is not considered to be hazardous or offensive development as with appropriate mitigation measures no significant risk exists to the surrounding locality. The SEPP also provides definitions of potentially hazardous and potentially offensive development. The application has been referred to the Major Hazards Unit at the Department of Planning who have advised that the application is not potentially hazardous or offensive industry and no further consideration of the SEPP is required.

 

f)       State Environmental Planning Policy 55 – Remediation of Land

 

SEPP 55 provides a state wide practice for the remediation of contaminated land. Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated. Council’s Environmental Health Officer has reviewed a Contamination Management Plan and is satisfied the site is suitable for the intended use. Appropriate conditions have been included in the Recommendation section of this report, should approval be granted for the proposed development.

 

8.1     Policy Controls

a.       DCP - Parking

 

The proposal will result in a decrease in the density on the site (by 1,000m2) and replaces existing steam raising equipment. The development will not increase in parking or traffic demands as a result of operation of the site. Conditions of consent have been applied to ensure that adequate management of traffic during construction phases.

 

8.2     Council Policies

a)      Rainwater Tank Policy

 

Council’s Rainwater Tank Policy requires new industrial development to install rainwater tanks. The development is ancillary to the existing industrial uses on the site and will reduce reliance on town water (existing boilers) by using bore water under an existing licence agreement with the Department of Natural Resources. There are no new toilets or other facilities proposed to be installed with the boilers. In this instance, installation of a rainwater tank is not considered reasonable or useful (as the site is generally developed, hardstand area) and no conditions requiring installation of a tank have been imposed.

 

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     The provisions of EPIs, Draft EPIs, DCPs, Regulations

 

All relevant Environmental Planning Instruments and draft instruments, DCP’s and regulations have been discussed above in Section 8.

 

9.2     The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

 

Environmental Impacts

 

The proposal is likely to reduce the impact of the development on the natural environment, resulting in reduced air and emissions and reduced reliance on town water supplies. The development will not result in any additional impacts to the natural environment.

 

Residential Amenity

 

The proposal will not result in any privacy or overshadowing impacts to surrounding residential areas. The bulk and scale of the development will largely be unseen from residential areas, the only exception being the two additional stacks. In order to address the issue of visual bulk and streetscape amenity, the applicant has prepared the photomontages below which demonstrate that the stacks will not have a significant impact on the visual amenity of the area.

Social and Economic Impacts

 

The new boilers will not result in substantial social or economic impacts on the locality or the City in general. The installation of the new equipment will allow for the ongoing use of the site for industrial purposes (as per the zoning of the site), whilst reducing the environmental impact of this use. The installation of new equipment will improve reliability of operations on the site ensuring ongoing economic feasibility of the existing paper mill. There will not be any social impact as a result of these improvements, such as job loss or increased amenity impacts as the boilers will replace existing equipment.

 

The proposal is satisfactory with regard to social and economic impacts.

 

9.3     The suitability of the site for the development,

 

The redevelopment of the site for improved industrial facilities is consistent with the Industrial zoning of the property and is consistent with the established use on the site as a whole. The proposal has limited the impact of the new boilers on surrounding sites and residential land uses by locating the new equipment well off the site boundaries. This has also minimised the visibility of the development from nearby residential zones.

 

The land has been assessed with regard to contamination and is considered suitable for continued industrial use.

 

The site is suitable for the proposed development.

 

9.4     Any submissions made in accordance with this Act or the regulations,

 

No submissions have been received in response to the notification and advertising of the development.

 

9.5     The public interest

 

The upgrade of boiler plant in the proposed location will not adversely affect existing residential uses in the area and will improve environmental performance in terms of water use and emissions. The proposal will not result in significant impacts on surrounding properties. No submissions objecting to the proposal have been received indicating a high degree of public support for the proposal. The development is considered to be in the public interest.

 

10.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.     CONCLUSION

 

The proposed development is appropriate on the site given the desired future character of the area and the objectives contained within the RLEP98 for the 4A zone. The development proposes a built form that is consistent with the existing industrial use of the site and will not have an adverse impact on the amenity of surrounding residential areas. The upgrade of the existing facilities on the site should result in a positive environmental outcome, minimising environmental impacts and improving the site’s environmental performance in terms of water usage and meeting regulatory requirements regarding air quality and noise.

 

The proposal will not have a significant impact on surrounding properties. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT the requirement for submission of a master plan under clause 40A of RLEP1998 be waived on the grounds that the proposed development is ancillary to the current use of the land and adequate planning controls already exist over the site.

 

AND

 

B.      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 694/2005 for Construction of a new single storey building on the site of the former No. 5 Paper Mill to house new installation of steam raising plant comprising 4 package boilers which include 2 stacks (approximately 35 metres in height) at 1891 Botany Road, Matraville 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.       Written confirmation from CASA that the development is acceptable in terms of plume rise and will not result in any adverse impacts on air traffic movements in the vicinity of the site.

 

Evidence required to satisfy this condition must be submitted to Council within 12 months of the date of this consent.

 

Development Consent Conditions

 

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

 

Conditions imposed by the Department of Environment and Conservation

 

1.       The person having the benefit of this consent should install and maintain appropriate erosion and sediment controls at the site during the construction phase of the development to protect the stormwater system from sediment runoff during wet weather. The details and specifications are outlined in Landcom’s Manual titled “Managing Urban Stormwater Soil and Construction Volume 1, 4th Edition, March 2004”.

 

2.       The following points referred to in the table below are identified in this licence for the purposes of monitoring and/or the setting of limits for the emission of pollutants to the air from the point.

 

Air

EPA Identification no.

Type of Monitoring Point

Type of Discharge Point

Description of Location

4

Air emissions monitoring

Discharge to air

In the discharge duct downstream of the new Boiler No 1 and before the junction with the stack

5

Air emissions monitoring

Discharge to air

In the discharge duct downstream of the new Boiler No 2 and before the junction with the stack

6

Air emissions monitoring

Discharge to air

In the discharge duct downstream of the new Boiler No 3 and before the junction with the stack

7

Air emissions monitoring

Discharge to air

In the discharge duct downstream of the new Boiler No 4 and before the junction with the stack

 

3.     For each monitoring/discharge point or utilisation area specified in the table\s below (by a point number), the concentration of a pollutant discharged at that point, or applied to that area, must not exceed the concentration limits specified for that pollutant in the table.

 

POINTS 4-7

Pollutant

Units of measure

100 percentile concentration limit

Reference conditions

Nitrogen oxides

mg/m3

100

dry, 273 K, 101.3 kPa, 3% O2

 

4.       For each monitoring/discharge point or utilisation area specified below (by a point number), the licensee must monitor (by sampling and obtaining results by analysis) the concentration of each pollutant specified in Column 1. The licensee must use the sampling method, units of measure, and sample at the frequency, specified opposite in the other columns.

 

POINTS 4-7

Pollutant

Units of measure

Frequency

Sampling Method

Nitrogen oxides

mg/m3

Annual

TM-11

Selection of sampling positions

-

-

TM-1

Velocity

m/s

Annual

TM-2

Volumetric flow rate

m3/s

Annual

TM-2

Moisture in stack gases

%

Annual

TM-22

Dry gas density

kg/m3

Annual

TM-23

Molecular weight of stack gases

g/g.mole

Annual

TM-23

Carbon dioxide in stack gases

%

Annual

TM-24

Oxygen in stack gases

%

Annual

TM-25

 

5.       The development must be implemented substantially in accordance with the plans provided on pages 7 and 8 of the Statement of Environmental Effects dated August 2005 and Figure 2-2 of the Stage 1 Environmental Assessment dated 27 July 2005, both prepared by Sinclair Knight Merz and stamped received by Council on 29 August 2005, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

6.       The overall height of the exhaust stacks must not exceed AHD 41.0 and details of compliance are to be provided in the construction certificate plans. This condition is imposed to ensure the environmental performance of the development and clarify the plans.

 

7.       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.

 

8.       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.

 

9.       Appropriate protective measures are to be put in place to ensure that the nearby significant built elements including the Water Tower and the Rotary Digesters, Beater and Refiner Room building are not damaged during the construction works.

 

10.     If any Aboriginal artefacts are discovered during the works, work will stop immediately and the National Parks and Wildlife Service will be notified.  Evidence of the concurrence of the Director General of National Parks and Wildlife shall be submitted to Council prior to recommencement of works.

 

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

 

11.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

          Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

12.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

13.     Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

ii)       appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)      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.

 

15.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

          The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

          Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

          The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

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

 

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

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

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

 

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

 

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

 

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

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

 

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

 

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

 

20.     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:

 

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

 

22.     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:

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

32.     Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

33.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

          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.

 

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

 

39.     Access and facilities for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1 to the satisfaction of the Certifying Authority.  Details of the proposed access and facilities for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

The following conditions are applied to ensure adequate environmental protection and occupational health and safety.

 

40.     That a certificate or statement ,prepared by a suitably qualified (ie occupation hygienist),be provided in writing to Council demonstrating compliance with condition 11 of Development Consent 582/2005 prior to any commencement of works.

 

41.     All site works shall comply with the occupational health and safety requirements of WorkCover NSW.

 

42.     All hazardous or intractable wastes and materials (including asbestos) shall be removed and disposed of in accordance with the requirements of WorkCover NSW, the Environmental Protection Authority, including the following provisions:

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·        The Protection of the Environment Operations Act 1997 and relevant             Environmental Protection Authority Guidelines

 

43.     The storage and handling of flammable and combustible liquids must be in accordance with Australian Standards AS1940-2004 The Storage and Handling of Flammable and Combustible Liquids and relevant requirements and guidelines published by the Environmental Protection Authority and WorkCover NSW.

 

44.     Sufficient supplies of appropriate absorbent materials and/or other appropriate spill clean up equipment shall be kept on site to recover any liquid spillage.  Liquid spills must be cleaned up using dry methods only and shall not give rise to an offence under the Protection of the Environment Operations Act 1997 (NSW).

 

45.     An Emergency Response Management Plan must be prepared by a suitably qualified person and be submitted to Council prior to the issue of the Occupation Certificate.

 

          The Plan shall include the following:

 

·        list of chemicals and maximum quantities to be stored at the site;

·        identification of potentially hazardous situations;

·        procedure for incident reporting;

·        details of spill stations and signage;

·        containment and clean-up facilities and procedures; and

·        the roles of all staff in the Plan and details of staff training.

 

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

 

46.     All construction and excavation works shall comply with Contamination Management Plan prepared by Sinclair Knight Mertz dated 24th October 2005.   

 

47.     A Validation Report shall be prepared by a suitably qualified Environmental Consultant and be submitted to Council upon completion of any remedial works undertaken, and prior to commencing any building works. The Validation report shall be prepared in accordance with relevant NSW Department of Environment and Conservation guidelines, including the guideline “Consultants Reporting on Contaminated Sites”, and shall include:

 

·        Description and documentation of all works performed.

·        Results of validation testing and monitoring.

·        Validation results of any imported fill onto the site.

·        Demonstrate how all agreed clean-up criteria and relevant regulations have been satisfied.

·        Confirmation and justification as to the suitability of the site for the proposed use and the potential for off-site migration of any residual contaminants.

 

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:

 

48.     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).

 

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

 

49.     The use and operation of the premises shall comply with the requirements of the Department of Environment and Conservation, including but not limited to any licenses issued by that Authority.

 

50.     No groundwater shall be used on-site that has not been approved by the Department of Infrastructure Planning and Natural Resources.

 

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

 

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

 

53.     Liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to the commencement of works.

 

ADVISORY MATTERS:

 

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 D1                -           Provisions for escape

d)      Clause D1.2         -           Number of exits required

e)       Clause D1.4         -           Exit travel distances

f)       Clause D1.5         -           Distance between alternative exits

g)       Part D2                -           Construction of exits

h)       Part D3                -           Access for people with disabilities

i)        Part E1                 -           Fire fighting equipment

j)       Part E2                 -           Smoke Hazard Management

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

l)        Part F2                 -           Sanitary and other facilities

m)      Part F3                 -           Room sizes

n)       Part F4                 -           Light and ventilation

 

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

 

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

 

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

 

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

 

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 

 


 

Director, City Planning Report 88/2005

 

 

SUBJECT:

Establishing the Randwick City Council Safety Committee

 

 

DATE:

23 November, 2005

FILE NO:

F2004/08007

 

 

REPORT BY:            DIRECTOR, CITY PLANNING     

 

INTRODUCTION:

 

Council as part of its safety/crime prevention initiatives has begun the process of establishing a Community Safety Committee as a joint working arrangement between Council, Local Area Command (LAC), representatives of the community and other key agencies with an interest in community safety issues. The aim of this multi-agency committee will be to create a community forum to discuss and explore community safety issues and initiatives.

 

It is envisaged that the inaugural meeting of the committee will be in late February/early March and preparation of the Community Safety Plan will be undertaken by mid 2006.

 

Draft terms of reference are attached for Council’s endorsement and for nomination of a Councillor representative for the Committee.

 

ISSUES:

 

Establishing a safety committee was one of the initiatives proposed as part of the Randwick City Council and Local Area Command accord.

 

There are a number of advantages with establishing a community safety committee. These include a co-ordinated approach to addressing issues raised and appropriate actioning of community safety matters, improved working partnerships between Council and relevant agencies and an available forum for relevant parties to raise community issues and concerns. It should be noted that these are advantages that are achieved with minimal financial out-lay.

 

Other Council’s have established safety committees with favourable outcomes and the preparation of our Draft Terms of Reference has been made with regard to the successes of other Committees.

 

A Draft Terms of Reference has been prepared by Council officers which has been endorsed by LAC officers. It should be noted that this committee will act independently and remain separate from the Randwick Liquor Accord and its sub-committee the Coogee Safety committee..

The Terms of Reference establish the likely membership, purpose, functions, and conditions of membership, time/location and decisions/outcomes of meetings (a copy of the terms of reference are in attachment 1 of this memo).

 

Participation of community representatives in the committee will be based on selection from submission made as a result of calls for public interest. Community representatives and interested key agencies will be invited through advertising on Council’s website and through the Mayoral Column in the Southern Courier for a three week period. After the close of the advertising period an appraisal of all submissions will been undertaken and invited parties will be notified of the first meeting scheduled for late February/early March 2006. As part of this nomination process it is requested that Council nominate a Councillor representative who will sit on the committee. 

 

A Draft Community Safety Plan will be prepared and will be a key task to discuss with the committee and will be reported by Council mid 2006.

 

FINANCIAL IMPACT STATEMENT:

 

The cost for establishing the committee will be approximately $2000 for ongoing administrative support for the next 12 month period. This has been funded under the current Statutory Planning budget.

 

CONCLUSION:

 

Establishing a Community Safety Committee is an important initiative of Council to work with the community as well as by key agencies who work with the community of Randwick City. The committee will assist in informing Council of community safety issues as well as providing valuable commentary in the preparation and exhibition of the Community Safety Plan. 

 

RECOMMENDATION:

 

1.   That the process and formation of the Community Safety Committee be noted and the attached Draft Terms of Reference be endorsed; and

 

2.   That one Councillor be nominated as a representative on the Randwick Community Safety Committee.

 

ATTACHMENT/S:

 

Draft Terms of Reference of the Randwick Community Safety Committee

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR, CITY PLANNING

SENIOR ENVIRONMENTAL PLANNING OFFICER

 


Draft Randwick City Council Community Safety Committee-

Terms of Reference

 

These Draft Terms of Reference establish the membership, functions, terms and conditions of membership, procedures for meetings and issues relating to recording of comments and outcomes of the community safety committee. This committee will be a multi-agency and community forum comprising representatives from Randwick City Council, Maroubra Local Area Command, other interested government and community organisations and individuals.

 

Membership

 

These terms of reference for establishing a Community Safety Committee are the result of increased co-operation and collaboration between Council and Local Area Command to enhance community safety. There is an identified need for such a Committee to provide input and on-going discussion on Community Safety matters, particularly in the preparation of a Randwick City Council Community Safety Plan.

 

The Committee will incorporate:

 

·          Randwick City Councillor

·          Council staff member(s)

·          Maroubra Local Area Command officer(s)

·          Community Representatives with demonstrated ability to feedback to the greater community preferably with a CALD background (3)

·          Representative from the Eastern Beaches Liquor Accord

·          Representative from SHACK Youth Services

·          Representative from the Aged Advisory Committee

·          Representative from Randwick City Council Aboriginal and Torres Strait Islander People's Reference Group

·          Representative(s) from local Chambers of Commerce

·          Representative(s) from Precinct Committee Co-ordination Group

 

Occasional members would include:

 

·          Local Representative from the Fire Brigade

·          Representative from the Department of Housing

·          Safety officer from Sydney Buses

·          Local Representative from the Department of Education and UNSW

·          Representative from Centennial/Moore Park Trust

·          Local precinct committee representatives

·          Other members, as may be identified by the Committee, as the need arises.

 

Appointment of members

 

Council will advertise for community representatives (via letter to precinct committees, on the website and in the local newspaper). From expressions of interest Council will select representatives for a two year period or when a new Expression of Interest is completed.

 

Other identified members will be contacted and invited to participate by letter.

 

Purpose

 

The Committee will act assist in enhancing local safety, reduce crime and fear of crime though a collaboration of key interests and specialty representatives.

 

The Committee will act as a forum on community safety matters.  The Committee will provide input into Council’s preparation of the Draft Community Safety Plan and provide an ongoing advisory setting to co-ordinate and enhance community safety and crime prevention.

 

The Committee, in turn, will act as a conduit for informally relating information and outcomes from the Committee back to the local community in relation to the Community Safety Plan and community safety projects and to promote co-operation between all participating representatives. 

 

Functions

 

The committee is not a decision-making body but an advisory group in relation to matters of community safety. Randwick City Council will make the final decisions on the scope and content of the Draft Community Safety Plan and with on-going community safety initiatives under its responsibility.

 

The functions of the committee will be:

 

a.   To identify local community safety issues, potential strategies and course of action

b.   To actively contribute and participate in local community safety efforts and endeavours

c.   To provide comments on background reports relating to the preparation and completion of the Draft Community Safety Plan.

d.   To assist in the informal relaying and communication of information to the local community, affected and interested agencies and organisations.

 

Servicing the committee

 

The Committee will be supported by Council staff, who will service the meetings and respond to all queries by members, undertaking the research, analysis and preparation of reports on the Draft Community Safety Plan.

 

Council representatives are to be the main point of contact for Committee Members. The Chair may also contact members, if input is required for the preparation of meeting agendas or finalising minutes.

 

Working committees

 

Working parties may be established at the edict of this Committee to address specific issues in relation to Community Safety, and appoint people with the necessary knowledge and skills to contribute to those Working Parties as necessary.

 

All auxiliary working parties shall report back to the Community Safety Committee with any recommendations for action.

 

Chair

 

The Community Safety Committee will be chaired by Randwick City Council.

 

Terms and conditions of membership

 

Each Committee Member will be available for at least one evening per quarter for approximately 2 hours.

 

There will be no re-numeration for committee members.

 

All enquiries from the media relating to the Committee are to be directed to the Manager, Strategic Planning for response. Committee members should not make independent media statements relating to the preparation of the Draft Community Safety Plan.

All minutes of the Committee meetings will be available to the public on request.

 

Location of meetings

 

The Committee /meetings will be held in the Lodge Room, Randwick City Council Town Hall building, Corner of Avoca and Frances Streets, Randwick.

 

Agenda of meetings

 

The Committee meetings will run for approximately one to two hours and will follow the agenda below:

 

1.   Welcome/Apologies

2.   Confirmation of previous meetings minutes.

3.   General business

4.   Other issues

5.   Close.

 

Attendees at meetings

 

Committee Members are to be confirmed at the close of the Expression of Interest process.

 

Decisions/Outcomes

 

The purpose of the Committee is to provide advice and comment on community issues to Council or any established working committee to assist in the preparation of the Draft Community Safety Plan and for ongoing participation in matters of community safety.

 

Members will not be required to vote on particular issues and quorum is not required in terms of attendance numbers.

 

Recommendations of Committee meetings

 

The Committee will provide comment to Council on the Draft Community Safety Plan and on any ongoing Community Safety initiatives or activities.

 

Committee recommendations need not be endorsed by all Members; however all comments will be noted.

 

Information to be provided to Committee members

 

The Committee will be provided with a copy of the “Terms of Reference” of the Committee.

 

At least one week before any scheduled meeting Committee Members will receive an agenda, any associated reports, and the minutes from the previous Committee meeting. The preferred communications method will be via email.

 

Council contacts

 

The Randwick City Council officers’ co-ordinating the Committee are:

Karen Armstrong (Manager, Strategic Planning)- 9399 0895

Aoife Wynter (Senior Environmental Planning Officer)- 9399 0954

All enquiries regarding organisation of the Committee are to be directed to Aoife Wynter.


 

Director, City Planning Report 89/2005

 

 

SUBJECT:

The Cities for Climate Protection Program

 

 

DATE:

15 November, 2005

FILE NO:

F2005/00230

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

The Cities for Climate Protection™ (CCP™) Program is a global initiative designed to assist local governments to reduce greenhouse gas emissions from their own operations and their community. The program is administered in Australia by the International Council for Local Environmental Initiatives (ICLEI), in collaboration with the Australian Greenhouse Office (AGO).

 

Randwick City Council previously resolved to participate in the CCP Program with a commitment to complete all five of the program’s Milestones. Council, with the assistance of Omega Environmental, achieved the first Milestone during mid-2005 with the development of a greenhouse gas emission inventory for Council operations and the community.

 

This document forms the next stage in Council’s CCP™ program, with the presentation of greenhouse gas reduction goals to enable completion of Milestone 2. The achieving of these goals through the development and implementation of a Greenhouse Gas Reduction Plan will result in substantial cost savings to Council and an improved environment for all residents of Randwick City. In addition, the recommendations and information provided in this report are consistent with a previous discussion by Council, during the June 2005 Council meeting, with regards to energy and water saving targets.

 

 

BACKGROUND:

 

The Cities for Climate Protection™ (CCP™) Program is a global initiative designed to assist local governments to reduce greenhouse gas emissions from their own operations and their community. Randwick City Council previously resolved to participate in the Cities for Climate Protection (CCP™) program and undertake work to achieve the following 5 Milestones:

 

 

 

 

Milestone 1:      Conduct an inventory and forecast for community and Council greenhouse gas emissions

Milestone 2:      Establish an emissions reduction goal

Milestone 3:      Develop and adopt a Local Action Plan

Milestone 4:      Implement the Local Action Plan

Milestone 5:      Monitor and report on achievements.

 

ISSUES:

 

MILESTONE 1 – INVENTORY OF CURRENT EMISSIONS

 

Council completed the inventory for the chosen base period of the 1998-1999 financial year, for the Council sector (i.e. emissions generated from Council operations), and 1996 for the community sector (i.e. emissions generated from the wider local government area), during mid-2005. A forecast of emissions growth to 2010 was also completed, based on a ‘business as usual’ scenario. The results of the Milestone 1 process are summarised below.

 

The following figures were derived by computing base data, such as electricity bill information, into specialised CCP software managed by ICLEI. The information presented is a summary only of the report produced by Omega Environmental, which provides additional figures and recommendations that will be used to inform the preparation of a Local Action Plan (Milestone 3).

 

Definition: CO2-e: Carbon dioxide equivalent. This is a unit used to measure the proportional impacts of more than one greenhouse gas. For example, methane is 21 times more potent that carbon dioxide in terms of greenhouse warming potential so 1 unit of methane is equivalent to 21 units of CO2.

 

 

COUNCIL EMISSIONS

 

Council emissions are derived from energy consumption (mostly electricity and some gas) for buildings, electricity used for streetlighting and water/sewage pumping, fuel consumption for vehicles and waste to landfill.

 

A total of 9720 tonnes of CO2-e was produced by the Council sector during 1998-1999. Figure 1 shows that the City’s streetlighting and Council-owned buildings are the main generators of greenhouse gas emissions. These account for almost 84 per cent of the total emissions from Council activities, with emissions for both totalling in excess of 8000 tonnes of CO2-e.

 

While the vehicles sector was not the largest source of emissions, it proved to be the most costly, as shown in Figure 2.  The total annual energy cost from the vehicles sector was $474,441 (43% of total corporate energy costs), followed by streetlighting at $306,079 (28%) and buildings at $297,669 (27%).

 

The primary source of emissions in the Council sector is electricity consumption, accounting for over 83 per cent of emissions during 1998-1999 (Figure 3). Council spends in excess of $500,000 annually on electricity use alone. The use of petroleum fuel is also a contributor to emissions (nine per cent), with an annual cost to Council of over $333,000.

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Council’s emissions are expected to increase by 42 per cent to 13,809 tonnes of CO2-e by 2010 as shown in Figure 4, should no emissions-reducing measures be implemented. This highlights the need for Council to set a suitable reduction goal and implement appropriate actions to reduce greenhouse emissions within its own operations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


COMMUNITY EMISSIONS:

 

Community emissions are derived from energy consumption (including electricity, gas, and other fuels) for the residential, commercial and industrial sectors; fuel consumption (including petrol, diesel, LPG and CNG) for the transport sector; and tonnes of waste to landfill (organic waste breaks down to produce methane).

 

 

A total of 1,037,939 tonnes of CO2-e were produced by Randwick City’s community sector in 1996 (based on ABS data). Figure 5 shows that the main source of community emissions was the industrial sector, accounting for 38 per cent of total community emissions. The forecast to 2010 is expected to see an increase in community emissions of 26 per cent to 1,305,974 tonnes of CO2-e, as shown in Figure 6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MILESTONE 2 - GREENHOUSE GAS REDUCTION TARGETS

 

Milestone 2 of the CCP™ process requires Council to adopt a broad reduction goal to serve as a quantitative objective for its emissions reduction program.

 

A 20 per cent reduction is recommended for Council and community greenhouse emissions for the following reasons:

 

1.   The goals are medium to long-term targets. Council has sufficient time to plan a strategic approach to reaching the goals, and to implement actions over the longer term.

 

2.   Opportunity areas for reducing current levels of greenhouse gas emissions have been clearly identified by Council, including Council’s streetlighting and buildings.

 

3.   The reduction goals are flexible, and are not a mandatory target. They can be adjusted by the City as the implementation of reduction measures progress.

 

4.   The community reduction goal of 20 per cent is a default target set by many other local government authorities, including members of the Southern Sydney Regional Organisation of Councils.

 

5.   Randwick City Council is expected to see a considerable increase in Council emissions over the next 10 years based on a ‘business as usual’ scenario. Council should therefore seek to establish goals that are not overly aggressive and potentially unachievable.

 

6.   International experience demonstrates that a goal of 20% is achievable. For example, the City of Toronto in Canada endorsed a 20% reduction goal on 1988 levels by 2005. By 1995, emissions had dropped 7% from 1990 levels.  The City of Saarbrucken, Germany, resolved to reduce emissions by 25% on 1990 levels by 2010. Research in 1996 showed that emissions had dropped 15%.

 

7.   To date, over 50 per cent of Australian councils involved in the CCP™ Program have set a community reduction goal of 20% or greater.

 

 

CURRENT ACTIONS

 

Council has already implemented a number of actions since the base years to help progress it towards meeting its reduction goals. These actions include:

 

·    Completion of an extensive lighting retrofit in the Administration Building

·    Installation of timers and sensors to control lighting and air conditioning in Council buildings

·    Installation of pool blankets on all pools at the Aquatic Centre

·    Installation of solar heating for one of the main pools at the Aquatic Centre

·    Partial transition to LCD monitors for computers

·    Activation of energy efficient functions on all equipment

·    Replacement of energy inefficient office equipment with equipment using more energy efficient technology

·    Reduction in the number of office equipment and replacement with networked multi-purpose units (printer/copier/fax)

·    Installation of AAA showerheads at Council facilities

 

 

FUTURE ACTIONS

 

Over the next financial year, Council will be implementing a number of environmental performance improvement actions relating to greenhouse emissions reduction and energy management. These actions will be documented in a Local Action Plan (Milestone 3). At this stage, the measures and corresponding percentage reductions have not been determined, and will be calculated as the Local Action Plan is developed and implemented. Some of these actions are likely to include:

 

·    Incorporating energy efficient design into new Council projects

·    Continuing to implement energy efficiency projects at the Aquatic Centre

·    Carrying out energy audits on high energy-consuming Council facilities identified during Milestone 1

·    Improving processes to inform Council employees of energy efficient practices in the office and home

·    Continuing to improve Council’s purchasing policy to take into account new developments in environmental and energy management, and complete a revision of existing equipment in respect of energy efficiency

·    Progressing options for improved fuel efficiency in Council’s vehicle fleet

·    Canvassing options for energy efficient public lighting such as solar lighting and more efficient lighting design

·    Tracking and recording energy usage and benchmarking performance against other Australian Councils

·    Developing programs to encourage community groups to consider ways in which they can empower their own communities to reduce greenhouse gas emissions

·    Generating community group support for reduced community greenhouse emissions through the promotion of residential energy efficiency and other initiatives

 

Overall coordination of the CCP™ program implementation will be provided by Council’s Energy and Water Conservation Working Group.

 

 

NEXT STEPS

 

Pending endorsement from Council, the next steps in the CCP™ process are:

 

·    Develop a draft Local Action Plan outlining ways to reduce greenhouse gas emissions in Council and the community,

·    Assess the implementation costs, potential cost savings and pay-back period of actions

·    Assess the potential emission reductions of priority actions

·    Conduct internal and public consultation on the Local Action Plan

·    Identify key indicators for the success of the program and establish a monitoring system related to the Local Action Plan

·    Increase overall community awareness of Council’s CCP™ program

·    Form partnerships with key organisations, such as the Department of Energy, Utilities, and Sustainability in implementing key actions.

 

 

FINANCIAL IMPACT STATEMENT:

 

The work being undertaken for the Cities for Climate Protection Program is funded under Council’s Sustaining our City budget for 2005/06, to a total of $60,000. This has covered the work to date, including that of professional consultants, Omega Environmental, engaged to assist in the collection and interpretation of information towards the completion of Milestones 1 and 2. The funding will also cover the preparatory work in commencing Milestone 3. In addition, significant staff time was also contributed from various Council teams.

 

Funding to complete the program has also been allocated under Council’s Sustaining Our City Program for the next 3 years of this Program. In developing the Local Action Plan there will be a focus on achieving a financial return on projects, which will be discussed and reported to Council prior to being implemented. Undertaking the Local Action Plan will also greatly assist Council in applying for external grant funding.

 

 

 

 

 

CONCLUSION:

 

Milestone 1 of the Cities for Climate Protection Program was successfully completed by Randwick in early 2005 via a cross-Council effort, and endorsement of this report will mean the completion of Milestone 2. As outlined in this report, the recommended greenhouse gas reduction targets are appropriate for Randwick City and are also consistent with a broader State trend.

 

The next step in completing the Program is to develop and implement a draft Local Action Plan outlining ways to reduce greenhouse gas emissions in Council and the community. Council’s Energy and Water Conservation Working Group will coordinate the preparation of the Plan.

 

The Cities for Climate Protection Program provides an excellent framework to deliver greenhouse gas emission reductions for Randwick City. On-going participation in the Program will also be valuable in attracting external funding for projects; in demonstrating energy saving commitments to the State Government under their Energy Saving Action Plan requirements; and the completion of a key action within the draft Randwick City Plan.

 

RECOMMENDATIONS:

 

That Council:

 

(1)        Endorse the goal of reducing Council greenhouse gas emissions from 1998/1999 levels by 20 per cent by 2012, in order to achieve Milestone 2 of the CCP program.

 

(2)        Endorse the goal of reducing community greenhouse gas emissions from 1996 levels by 20 per cent by 2012, in order to achieve Milestone 2 of the CCP program.

 

(3)        Endorse the preparation of a Local Action Plan for greenhouse gas reduction to meet the requirements of Milestone 3 of the CCP program.

 

 

ATTACHMENT:

 

Nil

 

………………………………

………………………………

SIMA TRUUVERT

ANNE WARNER

DIRECTOR, CITY PLANNING

SENIOR SUSTAINABILITY OFFICER