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

 

7 February 2006

 

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, 14TH FEBRUARY 2006 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, 6TH DECEMBER, 2005.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Development Applications

 

5.1                      

DIRECTOR, CITY PLANNING REPORT 1/2006 –

5 LITTLE STREET, MAROUBRA.  (DEFERRED)

2

 

5.2                      

DEVELOPMENT APPLICATION REPORT –

48 ARCADIA STREET, COOGEE.

98

5.3                      

DEVELOPMENT APPLICATION REPORT –

LONG BAY GAOL, 1250 ANZAC PARADE, MALABAR.

107

 

 

5.4                        

DEVELOPMENT APPLICATION REPORT –

32 BYNG STREET, MAROUBRA.

 

138

5.5                        

DEVELOPMENT APPLICATION REPORT –

20 BEACH STREET, COOGEE.

144

 

5.6                        

DEVELOPMENT APPLICATION REPORT -

147 AVOCA STREET, RANDWICK.

162

 

5.7                        

DEVELOPMENT APPLICATION REPORT –

135-143R BEACH STREET, COOGEE.

206

5.8

DEVELOPMENT APPLICATION REPORT –

96-98 ST PAULS STREET, RANDWICK.

226

 

 

6           Miscellaneous

 

6.1                        

DIRECTOR, CITY PLANNING REPORT 2/2006 – COMMUNITY CENTRE, BUNDOCK STREET, RANDWICK – CONTRACT OF TRANSFER.

271

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

……………………………..

GENERAL MANAGER

 


Director, City Planning Report 1/2006

 

 

 

SUBJECT:

5 LITTLE STREET, MAROUBRA

 

 

DATE:

11 January, 2006

FILE NO:

DA/7/2005

 

 

REPORT BY:            DIRECTOR, CITY PLANNING      

 

 

INTRODUCTION:

 

Development Application 7/2005 was considered by the Council at the meeting held on 13 December, 2005. The application was recommended for approval subject to 8 deferred commencement conditions. The resolution regarding the application was as follows:

 

RESOLUTION:  (Matson/Bastic) that this application be deferred to the next Committee Meeting.

 

ISSUES:

 

Council has not received any further correspondence from either the applicant or objectors as a result of the above resolution. All issues have been considered in the report contained at Attachment 1.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The application is referred back to the Health, Building & Planning Committee for consideration and determination in accordance with the recommendation.

 

 

RECOMMENDATION:

 

A.--- THAT Council’s original Determination of Development Application No. 7/2005 dated 19 August 2005 for Construction of a new three storey multi unit housing development comprising five residential units (5 x 2 bedrooms) with basement parking for 6 vehicles be rescinded

 

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. 7/2005 for Construction of a new three storey multi unit housing development comprising five residential units (4 x 2 bedrooms, 1 x 1 bedroom) with basement parking for 6 vehicles at 5 Little Street, Maroubra 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 Little Street (western) elevation is to be amended as follows:

 

a)       The hipped northwestern section of the roof is to be deleted and the balustrading and balcony to the top floor unit continued to this area to provide a flat ‘parapet’ to the lower two floors of the building. The downpipe shown from this hipped section of roof on the street elevation is also to be deleted. The entire gable (which forms the street elevation of the second floor level) is to be clad in a different material (in a lighter colour) from the lower levels to distinguish it as a roof form from the walls below.

 

b)      The double doors to the balcony are to be deleted in favour of a single door located centrally in on the gable end with a panel of operable glass louvres 400mm wide on either side of the door running its full height. The small window shown to the southern side of the door is to be deleted as part of this amendment. This requirement is imposed to provide adequate amenity and security to the bedroom. Solar protection (overhang or window surround, not full length screening) is to be provided to the doors and windows and a section provided to indicate how the solar access is controlled throughout the year.

 

c)       An alternative solution to shading the bedroom windows on the western elevation is to be provided.

 

d)      The garbage store is to be a maximum of 1.8 metres in height measured from existing ground level below the western wall of the garbage store to minimise the visual impact of this structure when the site is viewed from the street.

 

e)       The ‘porthole’ windows are to be deleted from the western elevation of the stair access in favour of rectilinear windows 900mm x 1500mm to match the fenestration on the remainder of the building. The windows are to be placed in a similar location to that shown on the plans and are to be placed so that their long side runs vertically to match the proportioning of other windows on this elevation. Sun protection is to be provided to each of the windows consistent with the remainder to the western elevation.

 

f)       The gable end to the southwest corner of the site is to be reduced in height so that its ridge is RL32.350. The roof is to provide eave overhangs to the western elevation but is not to extend eastwards to join the main roof. Instead, the design is to be altered so that the second floor balcony and the top of the balustrade to this balcony provide a continuous line across the elevation, behind the southwestern gable end.

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board keyed to a coloured elevation) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80(3) of the Environmental Planning and Assessment Act 1979 prior to a operation of the consent.

 

3.       The location of the laundry and the walk in wardrobe to the rear bedroom in the western unit on ground floor level are to be swapped so that the laundry is accessed from within the bathroom of that unit. This condition is imposed to improve the amenity of the entry to that unit in accordance with the principles of good design under SEPP 65.

 

4.       The bifold doors to the living rooms of all dwellings are to be deleted in favour of two 750mm wide floor to ceiling panels at the edges of the opening. The edge panels are to provide operable glazed louvres from sill to head so that ventilation can be achieved in adverse weather conditions and without compromising the security of the dwellings. Bifold or single/ double leaf doors with glazed sections may be used in the remainder of the opening. This condition is imposed to ensure the security and amenity of all dwellings within the development.

 

5.       The aluminium screen to the eastern elevation of the main stair is to be deleted in favour of obscure glazing to the windows below 1.7m above landing level on each floor. Above 1.7 metres the windows are to have operable louvres to facilitate natural ventilation. An alternative sun shading device is to be provided to each window and details including a section through the façade detailing when sun will be admitted to and excluded from the stair is to be provided prior to the consent being made operational.

 

6.       An alternative design for the fenestration to the northern and southern elevations is to be provided, indicating variation of materials to the fenestration zone to improve the articulation of the northern and southern elevations and reduce the visual impact of these elevations in accordance with the principles of SEPP 65.

 

7.       The levels at the rear boundary are not to be altered. The retaining wall required along the eastern boundary of the site is to be setback a minimum of 1.5 metres from the rear boundary and the area between the retaining wall and the rear boundary is to remain at the existing level and is to be planting with advanced trees (minimum size of 75 litres). Details are to be submitted prior to the operation of this consent.

 

8.       The owner of the site must surrender the Development Consent No. 865/1999 prior to the operation of this Consent.

 

Evidence required to satisfy these conditions 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:

 

1.---- The development must be implemented substantially in accordance with Revision F of the plans drawn by Architecture & Building Works numbered DA01 to DA05 , dated 5/12/05 and stamped received by Council on 7 December 2005, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.---- Ceiling fans are to be provided in all bedrooms within the development to assist in ventilation and airflow. Details are to be provided on the Construction Certificate plans. This condition is included to improve the amenity of the dwellings.

 

3.---- The sill height of the south facing bathroom windows is to be increased to be a minimum height of 1.7m above finished floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above finished floor level. This condition is imposed to prevent overlooking of the adjoining dwelling to the south and be consistent with previous privacy measures imposed.

 

4.---- The landscape plan required by condition 111 is also to include the following:

 

§  Large plantings are to be used in the garden beds adjacent the driveway to reduce the visual impact of the vehicular access to the site.

 

 

§  Appropriate species are to be provided to the west to assist in creating privacy and sun shading to the living rooms and bedrooms facing the street.

§  A drip irrigation system should be included to ensure the viability of the planter boxes and garage roof garden bed.

 

          This condition is imposed to improve the compliance of the development with SEPP 65.

 

5.---- The solid rooves to the rear (east facing) balconies to the ground floor and level 1 are to be deleted in favour of pergola structures or alternatively sliding shade screens as shown being installed to the top floor balcony.

 

6.---- Sunshading is to be provided to the west facing bedroom windows in the form of an overhang or awning structure but not full height screening. Details are to be provided with the Construction Certificate application.

 

7.---- The overall height of the building must not exceed RL 36.85 details of compliance are to be provided in the construction certificate plans.

 

8.---- A privacy screen having a minimum height of 1.8m measured from finished floor level is to be provided to the eastern edge of the east facing balconies at ground and first floor level. The screen is to be constructed of horizontal timber louvres fixed in place. The louvres are to be angled to ensure retention of privacy between the occupants of the development and the adjoining owners of 438 and 440 Malabar Road. The screens are not to be removed without further application to and approval of Council.

 

          Details of compliance are to be provided in the construction certificate plans.

 

9.---- The sill height of the windows to the north facing windows adjacent the kitchens at first and second floor level is to be increased to be a minimum height of 1.7m above finished floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above finished floor level. This condition is imposed to prevent overlooking of the adjoining dwelling to the north.

 

10.-- Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1.8m*, measured from natural ground level to maintain reasonable levels of amenity to the adjoining premises. Details of fencing are to be indicated on the Construction Certificate plans and any construction of new boundary fencing or repair is to be at the full cost of the person having the benefit of this consent.

 

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

 

11.-- 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.

 

12.-- 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.

 

13.-- External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20.-- 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.

 

21.-- Where access is required to adjoining premises for construction purposes, the consent of the owners of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

22.-- 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.

 

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

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

 

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

 

25.-- 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.

 

26.-- 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.

 

27.-- 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.

 

28.-- 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

 

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

 

          Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.  Details of the proposed landscaping, including plant species and paved areas are to be included with the construction certificate application.

 

30.-- A rainwater tank, of sufficient size to provide water for irrigation of landscaped areas within the development and for internal toilet flushing and clothes washing machine use, is to be provided to the development in accordance with Council’s Rainwater Tank Policy, to Council’s satisfaction.

 

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

 

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

 

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

 

31.-- In accordance with Council’s Section 94 Contributions Plan effective from 2 September 1999, the following monetary contribution is to be paid to Council. At the time of payment the person having the benefit of this consent is to demonstrate to Council that the amount of $1,231.55 has been paid to Council and has not been refunded. If this amount has not been paid then it shall be paid prior to the issue of a Construction Certificate for this development in the amounts of $853.77 and $377.78 being for open space and community facilities respectively.

 

a)       for the provision or improvement of open space                              $1,195.25

b)      for the provision or improvement of community facilities      $   528.50

 

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

 

32.-- 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.

 

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

 

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

 

34.     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.

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

 

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

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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”.

 

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

 

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

 

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

 

44.     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.

 

45.     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.

 

46.     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:

 

47.     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.

 

48.     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.

 

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

 

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

 

50.     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:

 

a)       the premises No.1 and No.7 Little Street, Maroubra

 

          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.

 

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

 

52.     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:

 

53.     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.

 

54.     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.

 

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

 

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

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

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

 

56.     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.

 

57.     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.

 

58.     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.

 

59.     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.

 

60.     A report prepared by a suitably qualified and experienced consultant in acoustics/vibration shall be submitted to the Principal Certifying Authority and the Council upon commencement of works, certifying that noise and vibration emissions from the construction of the development complies with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of approval.  In support of the above it is necessary to submit all relevant readings and calculations made.

 

          Should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council.

 

61.     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.

 

62.     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.

 

63.     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.

 

64.     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.

 

65.     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.

 

66.     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.

 

67.     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.

 

68.     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.

 

69.     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.

 

70.     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.

 

71.     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.

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

73.     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 provide adequate security against damage to Council’s infrastructure:

 

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

 

a)       $1000.00  -           Damage / Civil Works Security Deposit

 

          The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon a satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge and upon the completion of the civil works as conditioned in this development consent by Council. The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

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

 

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

 

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

 

a)       Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

b)      Re-construct the kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

 

c)       Carry out a full depth, 0.6 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

d)      Construct a 1.3m wide concrete footpath along the full site frontage adjacent to the kerb.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

e)       Reconstruct the damaged vehicular access to No 1 Little Street, which has been damaged due to the building works at No 5 Little Street.

 

76.     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.

 

77.     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.

 

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 driveway opening at the Little Street frontage must be 3 metres wide and located at least 0.5 metres clear of the side property.

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

 

80.     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, shall be:

 

·        50 mm above the top of the kerb at all points opposite the kerb, 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.

 

81.     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.

 

82.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $502.92 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

83.     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.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

84.     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.

 

85.     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.

 

86.     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.

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

 

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

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

 

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

 

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

 

88.     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.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

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.

 

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

 

90.     As the subject development site falls away from Little Street, all site stormwater must be discharged either:

 

1.       To council’s street drainage system in Malabar Road by gravity via a private drainage easement through an adjoining private property (or properties); OR

2.       To an infiltration system designed in accordance with Council's requirements (subject to a satisfactory Geotechnical Engineers report).

 

          Should the applicant demonstrate that all reasonable attempts to procure a private drainage easement/s have failed, and the ground conditions preclude the use of infiltration, a pump system may be permitted. The pump 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.

 

91.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

          Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

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

 

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

 

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

 

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

 

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

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

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

100.   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.

 

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

 

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

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

 

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

 

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

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

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

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

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

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

·        A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

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

 

103.   One covered car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

b)      The car washing bay must be located outside any required/approved stormwater detention system.

 

c)       The car washing bay must be 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 bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay (or equivalent)

 

e)       A water tap shall be located adjacent to the car washing bay.

 

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

 

a)       The location of the detention basin with finished surface levels;

b)      Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

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

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

f)       Details of any infiltration/absorption systems; and

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

 

105.   Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

106.   As the above site may encounter seepage water within the depth of the basement excavation, the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

          Notes:-

a)       Any subsoil drainage is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

b)      Adequate provision is to be made for the 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).

 

c)       Should the applicant demonstrate through a suitable geotechnical survey that the proposed basement will NOT be affected by seepage water this requirement may be waived.

 

107.   Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

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

 

108.   The garbage room areas will have to be designed so as to be able to contain a total of 6 x 240 litre bins (3 garbage bins & 3 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

109.   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.

 

110.   Prior to the accredited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the development site.

 

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

 

111.   The landscaped areas shown on the plan number DA 07, project number PN 0172, undated, received on 6th January 2005, prepared by Architecture & Building Works 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. If Council is not the certifying authority for the site, the applicant will still be required to forward a copy of the approved plans to Council for our records. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan at an appropriate scale showing existing site boundaries, features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

c.       The provision of landscape treatment along the narrow garden strip above the proposed vehicle entry ramp, along the southern boundary; as well as the provision of a densely planted hedge along the area above the eastern end of the driveway ramp.

 

d.       More extensive and decorative landscape treatment along the front boundary of the site than what is presently shown on the concept plan.

 

e.       A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

f.        Additional notation showing soil and mulch details, irrigation details, lighting 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.

 

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

 

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

 

i.        The landscape plan shall show a minimum number of 5 x 75 litre broad canopied trees (not palms) suitably located within the site, with a minimum of one provided within the front portion of the site, with the remaining trees to be provided within the deep soil zones in the northwest corner of the site and along the eastern boundary. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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

 

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

 

l.        In order to reduce the amount of stormwater generated by the site, as well as to recharge groundwater supplies, porous paving shall be used in all paved area not over slab. Details shall be provided with the construction certificate application.

 

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

 

112.   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.

 

113.   To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

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

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

 

115.   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.

 

116.   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.

 

117.   Any substation required shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

118.   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.

 

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

 

120.   The applicant shall submit a total payment of $319.00 to Council,

 

a.       Being the cost for Council to supply and install 2 x 45 litre street trees on the northern side of the proposed driveway at the completion of all works ($290.00 + GST)

 

          The contribution shall be paid into Tree Amenity Income Code R39 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

          The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for the works to be undertaken.

 

121.   A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for the amount of $5000.00 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.

 

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

 

          The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for a further inspection to be undertaken.

 

ADVISORY

 

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

 

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

 

a)       Part B1                     -   Structural provisions

b)      Part C1                     -   Fire resistance and stability

c)       Part C2                     -   Compartmentation and separation

d)      Part C3                     -   Protection of openings

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

f)       Clause D1.5              -   Distance between alternative exits

g)       Part E1                      -   Fire fighting equipment

h)       Part E2                      -   Smoke Hazard Management

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

j)       Part F1                      -   Damp and weatherproofing

k)      Part F3                      -   Room sizes

l)        Part F4                      -   Light and ventilation, in particular to the carpark

m)      Part F5                      -   Sound Transmission and Insulation

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

1. Director, City Planning Report dated 31 October 2005

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


Development Application Report

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

31 October, 2005

FILE NO:

DA/0007/2005

 

PROPOSAL:

 Section 82A Review of Council's Refusal of DA 7/2005 to construct a new three storey multi unit housing development comprising of five residential units (5 x 2 bedrooms) with basement parking for six vehicles.

PROPERTY:

 5 Little Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 ABC Planning P/L

OWNER:

 Mr S and Mrs K Sotiras

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

This application for a Section 82A review of determination has been referred to the Council for determination as the original application was determined by the Health, Building and Planning Committee. The estimated cost of the works is $600,000.

 

The applicant seeks reconsideration of the original determination refusing the proposal on the site for construction of a third storey comprising a two bedroom unit with flat roof. Amendments have been made to the plans in response to the reasons for refusal, reducing the size of the additional unit proposed and containing it within a pitched roof form to lessen impacts on surrounding properties and the street. Improvements to landscaping and the general amenity of the units already approved on the site have also been proposed.

 

The applicant has established that the site enjoys the benefits of ‘existing use rights’. As such, any relevant development standards and objectives under RLEP 1998 and other environmental planning instruments are not applicable. However, these standards can be considered as a guide in the context of an assessment of the proposal.

 

The development exceeds the statutory standards for height and FSR in the 2(a) zone, however the design of the proposal has limited its impact on surrounding properties. The development will not result in significant additional overshadowing or privacy impacts to adjoining neighbours. Although the site enjoys the benefits of existing use rights, the development meets Council’s overall landscaping requirements under the LEP will provide sufficient parking. The development is of a bulk and scale (2 storeys with large pitched roof form) which is generally consistent with surrounding residential development.

 

Six (6) objections have been received in response to the notification of the latest plans and these objections raise the following main issues:

 

§  Insufficient landscaping

§  Excessive Density

§  Traffic and Parking impacts

§  Visual bulk and scale

§  Amenity impacts, overshadowing and visual and acoustic privacy

§  Frustration at the number of applications lodged for this property requiring residents to provide submissions

§  Insensitive development

 

It is recommended that the original determination be changed and that the application as amended be approved, as a deferred commencement approval. The recommended deferred commencement conditions relate to resolution of the street façade including additional details in relation to colours and materials.

 

2.       THE PROPOSAL

 

The applicant is seeking approval to provide an additional one bedroom unit within a new pitched roof form on the previously approved (and currently under construction) building at 5 Little Street Maroubra. If the proposal is approved, the completed building will comprise 4 x 2 bedroom units and 1 x 2 bedroom unit with front and rear balcony (5 units in total) with basement parking for six vehicles. The plans have been amended from those provided with the original development application.

 

The applicant also proposes improvements to the already approved building (which was approved prior to current amenity controls) such as sunshading and improvements to the layout of internal spaces. The scope of these changes is limited by the extent of construction which has already taken place under the existing approval (structural building works up to first floor level).

 

Landscaping of the building surrounds, including additional planting over the garage level is also proposed.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

The site is located on the eastern side of Little Street between Nicol Avenue and Duncan Street approximately 700 metres west of Maroubra Beach. The site has a frontage of 15.24 metres, a depth of 29.87 metres and site area of 455.2m2. The site slopes from the street down to the rear with a crossfall from north to south. The diagonal slope from the north-west corner down to the southeast corner results in a change of level of approximately 4.8 metres. The site contains a basement level carpark and residential flat building under construction (as approved under DA 865/99).

 

The surrounding area is residential in character and consists predominantly of dwelling houses, however some residential flat buildings do exist in the vicinity. The residential flat buildings in the area predate the 2(a) zoning. The adjoining property to the north is improved with a two-storey detached dwelling house; the adjoining site to the south is improved with a single storey detached dwelling house; the adjoining site to the east is improved with a pair of semi-detached dwelling houses, one of which has had a first floor addition; and the sites to the west (on the other side of Little Street) are improved with detached dwelling houses and residential flat buildings which are two storeys over street level parking. The nearest residential flat buildings are located at No.4-6 Little Street (to the west of the site), 8 Little Street (opposite the subject site to the west), 13 Little Street (to the south of the subject site), No.432 Malabar Road (to the north of the subject site) and No.436 Malabar Road (to the immediate northeast of the subject site). The photographs below illustrate the site and surrounds.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Existing development on the site, currently under construction in accordance with DA 865/99.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development to the south of the subject site

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development to the southwest of the subject site

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Existing residential flat building at 4-6 Little Street

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Existing residential flat building at 8 Little Street (opposite subject site)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Existing two storey dwelling to the north of the subject site.

4.       SITE HISTORY

 

a.       APPLICATION HISTORY

 

DA – 0865/99 was lodged in 1999 for the demolition of the existing residential flat building and garage and construction of a new multi unit housing development containing four dwellings over two levels with basement car parking for six vehicles. Council refused the application on 01/12/1999 for several reasons including that existing use rights had not been established, the proposal was inconsistent with the aims and objectives of the 2A zone, the proposal would have a detrimental impact to adjacent properties by way of privacy loss, overshadowing, and visual bulk and scale, the floor space ratio and wall height did not comply with the LEP, the proposal did not comply with parking requirements and the proposal constituted an overdevelopment.

 

A Section 82A review application was submitted on 29 December 1999. A letter from the applicant’s solicitors was submitted with respect to existing use rights with the application. The proposal was again refused on 15 August 2000 for the same reasons, except that it was established that existing use rights pertained to the site and that reason for refusal was deleted.

 

An appeal was lodged in the Land and Environment Court and the matter went to call over on 29 November 2000. Following discussion between the parties, the plans were amended. A report was prepared under delegated authority by Council Officers recommending approval of the application on 4 June 2001. Consent orders were issued by the Land and Environment Court on 13 June 2001.

 

Development Application 7/2005 was lodged on 6 January 2005 and considered by Council’s Health, Building and Planning Committee at the meeting held on the 8 August 2005. The application was deferred at that meeting to allow the applicant to clarify information in the report submitted to Council. The development was considered at the Committee meeting of 9 August 2005 and was refused for the following seven reasons:

 

1.       The proposal will compromise the amenity of the surrounding residential area and is incompatible with the dominant character of existing developments.

 

2.       The proposed development will result in adverse overshadowing impacts on the private open space areas of No.7 Little Street and No.444 Malabar Road.

 

3.       The dwellings in the proposed development have been poorly designed and will have limited internal amenity, particularly with respect to access to natural light and sunlight.

 

4.       The proposed development will adversely impact on the streetscape and amenity of adjoining properties in terms of visual bulk and scale and loss of views.

 

5.       The proposed development has an FSR of 0:9:1, which is considered excessive for this site and results in a building which is out of context with the dominant built form in the 2A Zone.

 

6.       The maximum height and three storey scale of the proposed building is excessive and incompatible with the predominant height of neighbouring buildings.

 

7.       The proposal does not provide adequate landscaped areas on site to soften the visual impact of the development.

 

This Section 82A review of the determination was submitted to Council on 21 September 2005, including amended plans which aim to address the reasons given for Council’s refusal of the application. In response to the advice of the Design Review Panel and Council Officers' further amendments were made to the plans and submitted on 7 December 2005. These plans are the subject of this assessment.

 

5.       COMMUNITY CONSULTATION

 

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

 

5.1     Objections

 

1.       P Mason and C Alvarez, 438 Malabar Road, Maroubra

 

§  Development is insensitive and unwelcome development, opinion has not changed over the course of three applications.

 

Comment: Noted

 

§  Concerns DA 99/865 did not make reference to large car park vents on eastern wall of basement. Appears vents have been approved without consultation. Seek written clarification from Council.

 

Comment: Council provided written advice to the residents on 1 November 2005. The carparking vents were clearly shown on the plans received in relation to the previous application and were notified to the owners of 438 Malabar Road on two separate occasions.

 

§  Subsequent DAs on the site have not included previous agreements in relation to 99/865.

§  Planting guide of 4 metre high plants along the rear boundary previously approved should be retained, new plans show minimal planting to the boundary.

§  Concerned original agreement that developer rebuild all fences be enforced.

§  Concerned that new plans could include further and significant changes from the approved DA, such as removal of fixed wooden louvres on east facing verandahs.

 

Comment: Conditions of consent 8 have been recommended to ensure the new approval provides for previous agreements in relation to privacy.

 

§  Concerned regarding lack of detail in plans.

§  Excessive FSR, height and privacy impacts

§  Four storey development is insensitive to neighbours

§  New floor results in privacy, overshadowing and bulk and scale issues, Council should reject.

 

Comment: Amenity impacts and the achievement of Council’s objectives with regard to bulk and scale are discussed in Section 9, below.

 

2.       H Malone, 7 Little Street, Maroubra

 

§  Original two storey development did not comply with State and Council regulations

 

Comment: The original application was approved under existing use rights provisions and therefore was not required to comply with regulations.

 

§  Overlooking

 

Comment: Refer to discussion in Section 9.2, below

 

§  Concern that approval would not guarantee developer won’t try for more on the site at a later stage.

 

Comment: The applicant has the right (within the requirements set by the Act) to lodge further applications, Council cannot guarantee that there will not be further applications lodged and Council will be bound to assess any applications that are lodged in the future.

 

3.       M, K and J England, 442 Malabar Road, Maroubra

 

§  Existing use rights allowed previous application on the grounds the site was occupied by a 2 storey, 4 apartment building, this building now exceeds this being a 3 storey, 5 apartment building.

 

Comment: Section 108(1c) of the Environmental Planning and Assessment Act allows states that:

 

The regulations may make provision for or with respect to existing use and, in particular, for or with respect to the enlargement or expansion or intensification of an existing use.

 

The intensification of the existing use on the site by increasing the density and size of the building on the site is provided for (in principle) by the Act and Regulations.

 

§  Additional carparking required will reduce landscaping to below allowable limit.

 

Comment: The proposed landscaping has been checked and is considered to comply with both statutory standards for the 2(a) zone. Additional conditions of consent requiring a landscape plan prepared by a qualified landscape architect have been imposed to ensure the landscaping contributes to the streetscape, outlook of adjoining properties and general amenity of the area.

 

§  Large wall to additional carparking space close to property boundary

 

Comment: The wall is sufficiently setback from the rear property boundary ( 4 metres) so as not be visually intrusive. The wall will be 500mm from the southern side boundary but due to the topography will largely be obscured by the boundary fencing and the proposed podium planting above the wall. The wall does not result in additional overlooking or overshadowing impacts to surrounding properties. Deferred Commencement Condition 7 requires screen planting to the rear boundary of the site which will assist in screening the wall from surrounding properties.

 

§  Overlooking from very large balcony in third floor addition.

§  Increased balconies will increase noise and privacy impacts

 

Comment: The privacy impact of the additional balcony is considered acceptable, refer to discussion under Section 9.2.

 

§  Application should be rejected, not only for technical reasons, but it is unreasonable

 

Comment: The development has been assessed and due to the lack of amenity and streetscape impacts is considered reasonable in the circumstances of the case.

 

4.       C Malone, 7 Little Street, Maroubra

 

§  Parking and traffic impacts as Little Street is very narrow

 

Comment: The provision of an additional 1 x 1 bedroom unit on the site is unlikely to generate any significant additional impact in terms of traffic and parking. The proposal provides adequate visitor parking for a development of this size and one parking space per dwelling.

 

§  Overshadowing impacts

§  Privacy and overlooking impacts

 

Comment: Amenity impacts to all surrounding properties have been discussed in detail in Section 9 of this report.

 

5.       N Simitzis, 440 Malabar Road, Maroubra

 

§  Angry that objection needs to be placed for the third time this year

 

Comment: Noted

 

§  Amended plans have not addressed concerns previously raised

 

Comment: The amended plans have addressed the reasons for refusal and previous concerns to a satisfactory level (refer to discussion throughout this report and in Section 9.7).

 

§  Overshadowing and privacy impacts of the approved development will be exacerbated

§  Development is four storeys when viewed from the rear

§  Bulk of the development, FSR is already exceeded

§  Increased people, cars and balconies will increase overall noise and privacy issues.

 

Comment: Amenity impacts to all surrounding properties have been discussed in detail in Section 9 of this report.

 

§  Landscaping will be further reduced by additional parking area. Impacts from parking on living areas at 442 Malabar Road

 

Comment: The proposed landscaping has been checked and is considered to comply with both statutory standards for the 2(a) zone. Additional conditions of consent requiring a landscape plan prepared by a qualified landscape architect have been imposed to ensure the landscaping contributes to the streetscape, outlook of adjoining properties and general amenity of the area.

 

§  Increased people, cars and balconies will increase overall noise and privacy issues.

 

Comment: The density on the site is considered acceptable and only represents a minor increase over the development already approved on the site.

 

6.       P Mezups, 444 Malabar Road, Maroubra

 

§  Concerned about further impact on visual and acoustic privacy

 

Comment: The privacy impact of the development is considered acceptable, subject to conditions of consent, refer to discussion under Section 9.2.

 

§  Increase in cars using the driveway will affect acoustic privacy

 

Comment: An additional parking space has been provided to the development as a result of this proposal. The additional car is not considered to make a significant impact in terms of acoustic privacy.

 

6.       TECHNICAL OFFICERS COMMENTS

 

The application was previously referred to the relevant technical officers, including where necessary external bodies. As the amended plans provided with the application re-referral of the s82A review was not required. The following comments have been provided:-

 

6.1     Manager Environmental Health and Building

 

Council’s Manager, Environmental Health and Building has provided the following comment in relation to the application:

 

The Proposal

 

The proposal provides for the demolition of the existing dwelling and construction of a new 4 storey Multi Unit Housing residential development, including basement carparking.

 

BCA Building Classification

 

Class           -        2      (Residential Units)

Class           -        7a    (Carpark)

 

Background

 

Construction has commenced on the lower levels as previously approved in 1999 and the land is bounded by post war brick cottages.

 

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.

 

Conclusion:

 

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

 

Conditions recommended by Council’s Manager, Environmental Health and Building have been included in the Recommendation section of this report (see Conditions 32-74).

 

6.2     Development Engineer

 

Council’s Development Engineer has provided the following comment in relation to the application:

 

Landscape Comments

 

There are no existing trees at this site or adjoining properties which are covered by Council’s Tree Preservation Order that will be affected by this application.

 

 

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

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

 

Waste Management Comments

 

It is noted that the garbage room shown on the ground floor plans has not been included in the northern elevation. As such the DPCD is to determine if this garbage room is covered. Should the garbage room not be covered condition 37 requiring the area to be graded and drained to the sewer should be deleted.

 

Traffic Comments

 

It is noted that this application has been assessed in accordance with the new Service Level Agreement between the Development Assessment section, and the Asset & Infrastructure Services Department. The DPCD should ensure the proposed parking provisions are adequate. The DPCD should ensure that all internal driveway gradients are designed (including transitions) in accordance with AS 2890.1 (2004).

 

For medium density developments (i.e. less than 20 units)

 

The average traffic generation for the proposed residential development consisting of 5 residential units will be in the range of 20 to 25 vehicle movements per day.

 

The expected peak flow volume of approximately 2.5 vehicles per hour is considered low and no delays should be experienced in Little Street as a result of this development.

 

Carwash Bay

 

One covered car washing bay shall be provided for this development. The AIS Department does not object to a visitor space being used for this purpose, so long as it is signposted for use accordingly

 

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 driveway opening at the Little Street frontage must be 3.5 metres wide and located at least 0.5 metres clear of the side property. It is considered that the provision of a 3.0 metre driveway (with minimum 300mm wide kerbs on either side) would be adequate. The plans submitted for the construction certificate shall demonstrate compliance with this requirement

 

Carpark Layout

 

The DPCD is to determine whether visitors’ vehicles can turn around within the carpark and leave in a forwards direction, should all parking spaces including the visitor’s space be occupied.

 

The DPCD is to determine whether the internal driveway gradients comply with Council's DCP - Parking.

 

Driveway gradients are to be in accordance with AS 2870.1 – 1994 including all transitions.

 

Conditions recommended by Council’s Development Engineer have been included in the Recommendation section of this report (see Conditions 75-122).

 

6.3     Design Review Panel

 

Council’s Design Review Panel considered the application (including the amended plans) at the November and December meetings. Comments from the both meetings are reproduced below:

 

November Meeting:

 

PANEL COMMENTS

 

The Panel notes that construction of this proposal is well underway and the applicant had previously submitted a new DA which was considered non compliant with regard to SEPP 65.  This is the third time the Panel has reviewed the application.  The first review in February 2005 was for the original Development Application..

 

1.       Relationship to the Context of the Proposal

 

The previous DA submission proposed an extra new floor level to the top of the building which was considered by the Panel to be inappropriate.  The current submission has contained the proposed additional apartment within the roof space of the existing approval. The outcome is much more acceptable with regard to massing, context and extent of overshadowing.    However the drawings have many mistakes with regard to the roof shape and elevations and the Panel cannot assess the full impact of the new apartment until correct drawings are submitted.

 

2.       The Scale of the Proposal

 

A small new apartment within the roof space is acceptable in principle however the resolution of the ceiling heights, roof design and its impacts on the apparent scale of the building cannot be fully assessed until correct drawings are submitted.

 

3.       The Built Form of the Proposal

 

Many aspects of the built form are cause for concern due to the need for more design input and the inaccuracy of the current drawings i.e.:

 

·        The elevations are poorly resolved,

·        necessary sun-shading has not been provided,

·        roof forms are drawn incorrectly and also require more design input to sit the new apartment comfortably within the roof,

·        Fences and planters should be shown correctly on the plans and elevations and RL’s indicated for the top of walls,

·        Overhanging balconies and roofs should be dotted on the plan below           

·        The garbage room should be relocated to the basement level

·        Proportions, scale and alignment of windows, doors, vents etc should be improved

·        The gutters and downpipes to the balcony and entry roofs are not sufficiently documented and could potentially be unresolved and unsightly.

 

4.       The Proposed Density

 

Any argument for increased density needs to be supported by excellent urban design, appropriate response to the context, high quality architectural and landscape design, good amenity to all dwellings and reasonable impacts on neighbours.

 

The proposal is well over the 0.65:1 FSR and the Panel does not consider that the current proposal displays merit to warrant any increased floor area.

 

5.       Resource and Energy Use and Water Efficiency

 

Western and eastern sun-shading strategies need to be developed.  Weather protection to openings to the south and sun shading to the north should also be included.  Extra north facing windows should be considered where appropriate; however their placement should not compromise the amenity of the neighbour’s privacy.

 

Water retention for garden watering should be considered.

 

Ceiling fans should be provided in bedrooms.

 

Window types to living rooms should be reconsidered to allow ventilation in different weather conditions.  Bi-fold doors alone do not provide enough means to moderate or direct the breezes through the interiors.

 

Window types and operation should be clearly shown on the elevations to enable the Panel to assess the effectiveness of the cross ventilation to each room.  Additional windows should be considered to maximise cross ventilation to all rooms, for example corner rooms should have a window in each façade.

 

The roof slab to the east will require foam insulation covered with pebble ballast to provide effective thermal comfort to the top floor apartment.  Balconies over indoor spaces should all have some roof cover to reduce heat load through the slab to the rooms below.

 

6.       The Proposed Landscape

 

A landscape design by a qualified Landscape Architect is required.

 

Planting should be used to reduce the impact of the driveway.

 

Planting should be provided on the west to assist in creating privacy and sun shading to the living rooms and bedrooms facing the street.

 

7.       The Amenity of the Proposal for its Users

 

Furniture layouts are required to enable the Panel to assess the amenity of the planning arrangements.

 

Some of the kitchen sizes and layouts are poor

 

Floor to ceiling heights of 2700 mm are required .

 

8.       The Safety and Security Characteristics of the Proposal

 

The treatment of windows with regard to fire separation within 3000 of the boundary needs to be clarified.

 

Windows and doors to ground floor apartments should be designed to allow good cross ventilation when locked, i.e. the use of louvres or other window types that allow ventilation whilst providing security, should be considered.

 

9.       Social issues

 

Ground floor apartments could be considered as adaptable apartments.

 

10.     The Aesthetics of the Proposal

 

The aesthetics of the proposal are undeveloped and should be reconsidered to address climate and privacy issues as well as context and proximity. The proposal needs to increase amenity and contribute to a good quality streetscape.

 

The streetscape presentation of the development is very poor in design terms.  The use of glazed balustrading and the introduction of balconies disrupt the wall and roof lines. The roof is awkward in its resolution.

 

A photomontage and information on detail, colour and materials is required to be submitted with the DA.

 

 

SUMMARY AND RECOMMENDATIONS

 

In order to comply with the requirements of SEPP 65 this proposal needs much further development and better quality of design. The portions of the building that are already constructed do not meet the requirements of the SEPP; therefore any new proposal needs to incorporate the repair and upgrading of those areas. The Panel recommends that the scheme be redesigned to address all the concerns listed above before it comes to the Panel again.

 

The Panel considers that the current application fails to meet the required standards and principles under SEPP 65 and requires significant modification in terms of the issues addressed in this report before any consent could be recommended.

 

Apart from these issues the Panel is compelled to comment again on the poor quality of the drawings. 

 

December Meeting:

 

The Panel notes that construction of this proposal is well underway and the applicant had previously submitted a new DA which was considered non compliant with regard to SEPP 65. This is the fourth time the Panel has reviewed the application.  The first review in February 2005 was for the original development application.

 

1.       Relationship to the Context of the Proposal

 

The proposal has improved slowly through Panel review however the street façade requires further refinement to fit more comfortably within the street context. The photomontage provided during the meeting shows that improvements to the sun shading to western windows and the reduction of the height of the gable on the south west corner are necessary.

 

The resolution of the roof is still a little awkward on the north west corner.

 

Comment: Deferred Commencement condition 1 requires these changes to the plans

 

2.       The Scale of the Proposal

 

A small new apartment within the roof space is acceptable in principle however the ceiling heights in the lower floors, which are currently under construction, do not meet the requirements of SEPP 65.  The architect has however achieved a 2700 mm ceiling in the top apartment.

 

3.       The Built Form of the Proposal

 

Sun-shading has to be provided to western windows

 

The gutters and downpipes to the entry roof is not sufficiently documented however the architect confirmed that the downpipe could be contained within the column

 

North and south window configurations should be more carefully composed to improve the appearance of the long elevations to the neighbours.

 

Comment: Deferred Commencement condition 1 requires these issues to be addressed in amended plans and submission of more detailed materials and finishes details.

 

4        The Proposed Density

 

The proposal is well over the 0.65:1 FSR however the design has generally improved through the review process and is now a far better proposal than that of the original approved DA.

 

5        Resource and Energy Use and Water Efficiency

 

Western sun-shading still needs to be improved.  West facing bedrooms with large areas of unprotected glass are unacceptable as they would most probably require air conditioning to be comfortable in summer.

 

Water retention for garden watering should be included.

 

Comment: In accordance with the Rainwater Tanks Policy, Condition 30 requires installation of a rainwater tank

 

Ceiling fans should be provided in bedrooms and indicated on the drawings.

 

Comment: Condition 2 requires installation of ceiling fans in all bedrooms.

 

Window types to living rooms should be reconsidered to allow ventilation in different weather conditions.  Bi-fold doors alone do not provide enough means to moderate or direct the breezes through the interiors.

 

Window types and operation should be clearly shown on the elevations to enable the Panel to assess the effectiveness of the cross ventilation to each room.  Additional windows should be considered to maximise cross ventilation to all rooms, for example corner rooms such as the south east bedrooms should have a window in each façade.

 

Comment: Deferred Commencement Condition 4 requires changes to window types to achieve the outcomes suggested by the Panel

 

The slab to the east balcony to the top apartment will require a paver system to insulate the slab.  Heat transfer from the large balcony will create problems to the apartment below in summer.   A shading roof to the balcony would be another solution.

 

Comment: A sliding shade roof has been indicated over this balcony.

 

6.       The Proposed Landscape

 

A landscape design by a qualified Landscape Architect is required.

 

Larger planting should be used to reduce the impact of the driveway.

 

Planting should be provided on the west to assist in creating privacy and sun shading to the living rooms and bedrooms facing the street.

 

A drip irrigation system should be included to ensure the viability of the planter boxes and garage roof garden bed.

 

Comment: Condition 4 requires these elements to be incorporated into a landscape plan prepared by a qualified landscape architect.

 

7.       The Amenity of the Proposal for its Users

 

There has been some improvement to the internal planning however the lower apartment facing the street still has an awkward entry and laundry layout.

 

Comment: Deferred Commencement Condition 3 requires this to be amended to improve amenity.

 

8        The Safety and Security Characteristics of the Proposal

 

Windows and doors to ground floor apartments should be designed to allow good cross ventilation when locked, i.e. the use of louvres or other window types that allow ventilation whilst providing security, should be considered.

 

Comment: Deferred Commencement Condition 4 requires this to be amended to improve amenity and security

 

9.       Social issues

 

Ground floor apartments could be considered as adaptable apartments.

 

10.     The Aesthetics of the Proposal

 

The streetscape presentation of the development can be further improved. The roof is awkward in its resolution.

 

Comment: Deferred Commencement Conditions 1 and 2 require these issues to be addressed in amended plans and submission of more detailed materials and finishes details.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel does not need to see this application again if the applicant addresses the issues raised in this report, and resolves them to the satisfaction of the assessing officer.

Subject to conditions of consent, the proposal is satisfactory with regard to SEPP 65.

 

 

 

7.       MASTER PLANNING REQUIREMENTS

 

The site has an area of less than 4,000m2 and therefore a master plan is not required under clause 40A of the LEP98.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

(a)     Environmental Planning and Assessment Act 1979

 

Section 82A of the Environmental Planning and Assessment Act 1979, as amended, enables an applicant to request a Review of a Determination of a Development Application or conditions of Development Consent. Council may review the Determination, and as a consequence of the review, may confirm or change the Determination.

 

Subclause 3A of Section 82A of the Act allows Council to consider revised plans with a request for a review subject to the plans showing a development that is substantially the same as that originally considered.

 

The amended plans indicate a development that is substantially the same as that proposed in the original submission.

 

(b)     Randwick Local Environmental Plan 1998

 

The site is zoned 2(a) under Randwick Local Environmental Plan 1998 (RLEP) and the proposed activity (multi-unit housing) is generally prohibited within the zone. Despite this prohibition, a previously existing building on the site had been used continuously as a residential flat building by virtue of a lawful consent which predates the current planning controls (which now prohibits such a use). A development for continued use of the site for multi-unit housing was approved in 2001 and is currently under construction. The property therefore enjoys the benefits of “existing-use rights”.

 

Section 108 of the Environmental Planning and Assessment Act affords protection to uses operating under a lawful consent to continue even if a subsequent planning instrument prohibits that use. The protection extends to allowing the rebuilding, alteration or extension of a structure housing a non-conforming use (with Council’s consent). Section 108(3) also provides that any provisions in an instrument that would derogate (detract from) the “incorporated provisions” have no force or effect. This effectively means that provisions (objectives, controls or standards) of an environmental planning instrument that would restrict the change of an existing use to another do not apply. However, the provisions of relevant planning instruments including such aims and objectives and development standards can be considered as a guide in the context of a merit assessment of the proposal.

 

The relevant objectives of the 2(a) zone are as follows:

 

(a)     to maintain the character of established residential areas, and

(c)     to enable redevelopment for low density housing forms, including dwelling houses, dual occupancy, semi‑detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development

 

Although the proposed development will enlarge an existing building which is larger than residential uses to the south of the subject site (1 & 2 storey dwellings), there are several residential flat buildings in close proximity of the site and the previously existing building on the site was a residential flat building with a similar scale to the proposal. The amendments made to the proposal contain the additional one bedroom unit within a pitched roof form which is more consistent with surrounding development, including older style residential flat buildings and the pitched rooves of surrounding dwellings. The proposal will result in a building form that appears as two storeys with roofspace to the street. From the rear, the sloping topography exposes the basement parking resulting in a three storey scale. The proposal has minimised the impact of the additional scale by setting back the top floor level from the rear, which limits the visibility of this portion of the building from properties to the rear of the site.

 

The amended plans have made small improvements to the existing development which was approved prior to current amenity controls rendering of the existing building and proposes landscaping works to the perimeter of the site will be beneficial to the appearance of the site and character of the area, when compared to the existing approved building. These improvements will contribute to the character of the area, despite the building being larger than dwellings in the vicinity.

 

The proposal represents an increase in the density on the site, introducing an additional 1 x 1 bedroom unit. The third storey adds approximately 66m2 The overall FSR after construction of the additional storey is approximately 0.72:1 (328m2). A dwelling on a site of this size in the 2(a) zone would be required to have a floor space ratio of 0.6:1. The FSR less the space in the roof is 0.58:1 and therefore the bulk of the building is consistent with a compliant dwelling with large pitched roof. Although the FSR proposed is more than is allowed under Council’s current controls and is greater than surrounding dwelling houses it is commensurate with several of the surrounding residential flat buildings, and less than the residential flat buildings at 436 Malabar Road and 13 Little Street. The proposed third storey has been reduced in size (compared with the original application) from a two bedroom to a one bedroom unit to minimise impacts on surrounding properties and the character of the area.

 

The proposal is considered a reasonable extension of the existing building that achieves additional density within a built form and scale that is consistent with the surrounding residential area and the low densities envisaged in the 2(a) zone. The proposal is satisfactory with regard to the objectives of the 2(a) zone.

 

The following clauses of the RLEP have been considered during the assessment of the proposal.

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscaped Area

Clause 31(1): Total Area

 

Clause 31(3): Area over basement

 

40% of site area (or 182.08sq.m)

 

Max 50% of landscaped area requirement to be provided over basement (91.04m2)

 

49.7% or 226sqm

 

 

43% (77.98m2 of requirement provided over basement (121.9m2) of total landscape area provided)

 

Yes

 

 

Yes

32 – FSR

0.5:1 or 227.6 sq.m

0.72:1 or 328.55sq.m

No

33 - Building Height

Clause 33(2):

9.5m max. overall

 

Clause 33(4):

7m max. wall height

8-9.5m (North)

9.7-10.5m (South)

 

5.0-9.0m (North)

6.8-8.0m (South)

Yes

No

 

No1

No1

Other Clauses

Effect

Applies

Comment

46

Vicinity of Heritage Item or within conservation area.

No heritage items nearby the subject site. Not in a conservation area.

N/A

1 Partial non-compliance

 

Non-compliances with statutory standards cannot derogate (detract from) the protection afforded by existing use rights under s108(3) of the Act. An objection under SEPP No. 1 in support of variance from the FSR and height standards is not required in this instance. The relevant clauses of the RLEP have been discussed under Section 9 of this report in relation to the amenity impacts of the development.

 

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

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated in the consideration of development applications. Due to the previous use of the site for residential purposes, it is considered that there is little likelihood for contamination and the site is suitable for the residential use proposed.

 

(e)     State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

 

The proposal has been considered by the Design Review Panel in accordance with the SEPP. The development (subject to compliance with Deferred Commencement Conditions) is considered satisfactory with regard to SEPP 65. Comments are provided in Section 6.3, above.

 

8.1     Policy Controls

 

The following Council policy controls apply to the proposed development.

 

§   DCP – Parking 1998

§   Section 94 Contributions Plan

 

Council’s Dwelling Houses and Attached Dual Occupancies DCP does not apply to the proposal (which is multi-unit housing). The Multi-Unit Housing DCP only applies to development within the 2(b) and 2(c) zone and therefore is not applicable to the subject site, which is zoned 2(a).

 

a.       Development Control Plan Parking (DCP Parking), 1998

 

Standard

Requirement

Provided

Compliance

 

Car Parking

a)   number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b) layout

 

 

 

 

 

 

 

 

Bicycle Storage

 

 

1.0 spaces required for each one bedroom dwelling (1 x 1.0 = 1.0 spaces)

 

1.2 spaces required for each two bedroom dwelling (4 x 1.2 = 4.8 spaces)

 

1 space/4 dwgs or part thereof for visitors (1.25 spaces required)

 

TOTAL SPACES REQUIRED = 7 SPACES

 

As per DCP.

 

 

 

 

 

 

 

 

1space per 3 units plus 1 visitor space per 10 units

(4 bike spaces)

 

 

 

1 space

 

 

 

 

4 spaces

 

 

 

1 space

 

 

 

 

6

 

 

Adequate turning areas provided. The visitor space is not the correct width although is already constructed in accordance with previous approval.

 

Area allocated within stair access and opportunities exist to provide within garages

 

 

 

Yes

 

 

 

 

No

 

 

 

Yes

 

 

 

 

No

 

 

Already constructed under existing approval

 

 

 

 

 

 

Yes

b.       Section 94 Contributions Plan

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes an additional dwelling on the site. As a Construction Certificate has already been issued for the works under DA 865/99 contributions have already been collected for the four two bedroom dwellings on the site. As such, no contribution has been levied for the four two bedroom units subject to the owner of the site presenting a receipt indicating the levy has been paid. A condition of consent has been recommended requiring the payment of monetary contributions (for one, one bedroom unit) relating to open space, community facilities and administration charges totalling $2,148.75. This amount must be paid prior to the issuing of any Construction Certificate (see Condition 31).

 

9.       ENVIRONMENTAL ASSESSMENT

 

As the proposal is proposed under Existing Use Rights provisions, a merit-based assessment of the application has been undertaken against the objectives of Council’s policy and statutory controls with regard to the amenity impacts of the development.

 

9.1     Overshadowing

 

The development will not result in any change to the extent of shadows but will increase the length of shadows by 2-3 metres depending on the time of day. Shadows cast from the site move significantly throughout the day. As a result, shadow impacts are also distributed between surrounding properties. 7 Little Street is directly south of the subject site and will be the most affected by shadow from any development at 5 Little Street. The proposal will result in additional shadows being cast on the roof of 7 Little Street at 9am and 12 noon midwinter and an additional area of approximately 12m2 being in shadow. This area is already heavily vegetated and this additional impact will not result in any significant amenity impact. The approved development on the site already overshadows 7 Little Street substantially and this is considered to be largely due to the orientation of the sites.

 

At 3pm shadows are cast on properties to the east (rear) of the site. There will be no additional shadow impact from the proposal on properties at 430 and 440 Malabar Road. The dwellings at 442 and 444 Malabar Road will experience additional shadow to their rooves at 3pm midwinter and 444 Malabar Road will experience additional overshadowing to the western elevation. There will be no additional impact to the rear yard of 442 Malabar Road at 3pm midwinter. The proposal will result in the southern half of the rear yard to 444 Malabar Road being in shadow at 3pm midwinter. This will mean near total loss of solar access to the rear yard of this property at 3pm midwinter. Despite this impact, the rear yard will retain sunlight at 9am and midday, achieving the three hours generally required by Council and residential amenity standards.

 

The development has increased the setback to the southern side by an additional 1.5 metres to try and mitigate the potential for overshadowing impacts on dwellings to the south and southeast which are at a lower ground level. The setback to the southern side is 3.5 metres and is in excess of that required for a dwelling house on the site, which could be up to 1.5 metres from the southern boundary. The development has minimised the shadow impact as much as possible given the orientation of the site.

The overshadowing impacts of the development are considered to be reasonable.

 

9.2---------- Overlooking

 

The proposed development will not substantially increase the openings on the northern and southern sides of the building, resulting in minimal additional impact to properties to the north and south. On the northern side an additional kitchen window is proposed to the attic level. The location of this window in front of the sink area and the elevation of the window will provide clear view to the rear yard and elevated balcony of the adjoining property to the north. As it is likely residents of this unit will stand at the kitchen window for extended periods, a condition has been imposed requiring the window to be fixed in place and obscure below 1.7 metres from finished floor level (see Condition 9). To protect privacy of the dwelling to the south, bathroom windows to ground floor originally shown as obscure have been conditioned to be consistent with the original consent.

 

The greatest potential overlooking impact to surrounding properties is from the east facing (rear balconies). At ground and first floor level these structures were approved under consent 865/1999, subject to fixed horizontal timber privacy screens. The current plans show vertical sliding aluminium privacy screens. Given that the balconies have already been constructed in accordance with the 1999 approval, it is appropriate to impose the same conditions as per that consent as from the finished floor levels it is clear that unless privacy screens are constructed, overlooking of the properties at 438 and 440 will occur from the ground and first floor rear balconies. In order to maintain adequate solar access to these units and balcony areas it is considered appropriate that the screens are only fixed to 1.8m above finished floor level (not from floor to ceiling as shown on some of the approved plans) and that rooves to these areas are deleted or provided with a pergola or moveable shade structure to increase opportunities for natural light (see Condition 2).

 

Above: No.438 and 440 Malabar Road as viewed from the constructed first floor level on the subject site. Previously imposed conditions regarding privacy screening have been recommended in this consent.

 

The new east facing balcony to the top floor unit has been raised as a potential overlooking concern by residents to the rear of the site. The balcony is set back 8.7 metres from the rear boundary and incorporates a 1 metre wide planter box into the setback. Given the difference in levels between the subject site and the properties at 438 and 440 Malabar Road, this setback will provide sufficient separation to ensure an acute angle of view into the rear yards of these properties is not possible from the top floor. In order to further minimise the potential for overlooking, the balcony is set into the roof structure resulting in a 1.8 metre high eastern wall. A wall at this height will not allow a seated or standing view to the properties at the rear.

 

The proposal (subject to compliance with conditions of consent) is acceptable with regard to overlooking and visual privacy impacts.

 

9.3---------- Streetscape

 

The proposed development is similar in scale and appearance when compared to the approved development on the site and is of a lesser bulk and scale when compared to the former building on the site. The approved development appears as two storeys in scale and its ridge is at RL 35.65. The former building on the site also appeared as two-storeys to the street and the ridge of its hipped roof was at RL 37.77. The proposed development will appear to the street as two storeys with roofspace level and its ridge level will be RL 36.85. Although this is 1.2 metres higher than the approved development, the proposal is still 920mm lower than the previous building on the site.

 

The previous assessment made the following comment with respect to the streetscape presentation of the previous flat roofed design for the top floor:

 

The former development on the site and the approved development on the site had a better streetscape presentation to the street because of two main reasons – they had a two storey appearance and they had hipped roofs.  The proposed development does not incorporate these elements and this will result in a building that will appear out of place in the streetscape.

 

The current proposal has a two storey scale to the street and a hipped roof, albeit with a large gable towards the street. This roof form and two storey presentation is comparable with the desired future character and scale of development in the 2(a) zone and is consistent with the existing pattern of development in Little Street, which is small to medium scale residential uses having a traditional pitched roof form.

 

Deferred Commencement Conditions 1 and 2 require design changes to improve the proportioning of the street elevation and to ensure a cohesive streetscape presentation for the development as a whole.

 

The streetscape presentation of the development is satisfactory.

 

9.4---------- Visual impact

 

The proposed development, has the same building footprint to the approved development and will not have a greater visual impact when viewed from the streetscape and adjoining properties. The proposal has limited the visibility of the top floor by providing the additional floor space within a pitched roof form. In addition a setback of over 8 metres from the rear boundary to the top floor of the development is proposed. This results in the top floor of the development disappearing from view behind the rear roofline.

 

Condition 5 of the original approval provided that the retaining wall required to achieve the levels on the site was to be setback 1.5 metres from the rear boundary and advanced trees planted to maintain privacy and limit the potential for bulk an scale impacts on the properties to the rear. The drawings indicate a retaining wall setback 500mm and tree planting between the boundary fence and rear yard of the property. Deferred Commencement Condition 7 requires that the area left at natural ground level be increased to a 1.5 metre wide strip along the rear boundary and that the area remains at natural ground and not filled as shown on the current plans.

 

From a streetscape point of view, there will be limited visual impact from the top floor level. The site slopes upwards towards the north and west and the sloping topography in the area makes differences in height less discernible. The proposal is opposite two older style residential flat buildings which have a three storey (two storeys above a street level garage) to the street. The proposal incorporates more articulation than these buildings which will assist in reducing the scale commensurate with the adjoining 1 and 2 storey dwellings adjacent the site on the eastern side of Little Street.

 

Subject to compliance with all conditions of consent, the proposal is considered satisfactory with regard to visual impact.

 

9.5---------- View loss

 

The proposed development is unlikely to have adverse impacts on views available from properties on the opposite side of the street from the subject site. The view is over Maroubra and towards the beach and ocean.

 

The proposed development is smaller in size than the previous building on the site and has a lower overall height. The inclusion of a pitched roof rather than a flat roof results in a building which is similar in form to that already approved on the site. The pitched roof design has addressed the concern previously raised by Council officers with respect to view loss by maintaining view corridors between the subject site and adjoining allotments by use of a pitched roof rather than a flat roofed and high walled design. Due to the sloping topography, the development compiles with the statutory wall height and overall height standards towards the street (and properties which may have outlook over the site to the east). It is considered that the compliant height of the proposal’s eastern elevation has minimised view loss.

 

The development is satisfactory with regard to view loss.

 

9.6---------- Existing Use Rights

 

The Land and Environment Court has established a planning principle (Fodor Investments v Hornsby Shire Council, 2005) which sets out the criteria for the assessment of proposals on land with existing use rights. They are listed below along with an assessment of the proposal against them.

 

§  How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the proposal relate to what is permissible on surrounding sites?

 

While planning controls, such as height, floor space ratio and setbacks do not apply to sites with existing use rights; they have relevance to the assessment of applications on such sites. This is because the controls apply to surrounding sites and indicate the kind of development that can be expected if and when surrounding sites are redeveloped. The relationship of new development to its existing and likely future context is a matter to be considered in all planning assessment.

 

The proposed development complies with the landscaped area requirement and will achieve partial compliance with the wall and overall height standards, despite non-compliance with the FSR control. Notwithstanding the non-compliance with the FSR standard, the development will achieve an FSR (not including the roof space) of 0.62:1 which approximates that of a compliant dwelling on the site, being 0.6:1. The proposal generally achieves greater than required setbacks (under the DCP for Dwelling Houses and Attached Dual Occupancies) to the side and rear boundaries. The form of the development is therefore considered to have a positive relationship with the likely form of permissible redevelopment on surrounding sites.

 

§  What is the relevance of the building in which the existing use takes place?

 

Where an existing building is proposed for demolition, while its bulk is clearly an important consideration, there is no automatic entitlement to another building of the same floor space ratio, height or parking provision.

 

The residential flat building that formerly existed on the site was larger in height and bulk than the proposal. The previous building had a two storey scale with large pitched roof. The amendments to the development from the original application have provided better landscaping, a more articulated and less bulky façade, reduced wall height and greater amenity to the already approved dwellings. The bulk of the building is less than that of the previous building on the site and is consistent with larger dwellings and smaller residential flat developments in the direct vicinity of the site.

 

§  What are the impacts on adjoining land?

 

The impact on adjoining land should be assessed as it is assessed for all development. It is true that where, for example, a development control plan requires three hours of sunlight to be maintained in adjoining rear yards, the numerical control does not apply. However, the overshadowing impact on adjoining rear yards should be reasonable.

 

The proposed development will not result in significant additional impacts over the already approved development with respect to overshadowing, overlooking and visual bulk and streetscape. In relation to streetscape, the development is likely to improve the visual bulk and streetscape presentation. The impacts of the development on surrounding properties have been discussed in detail in Section 9.

§  What is the internal amenity?

 

Internal amenity must be assessed as it is assessed for all development. Again, numerical requirements for sunlight access or private open space do not apply, but these and other aspects must be judged acceptable as a matter of good planning and design. None of the legal principles discussed above suggests that development on sites with existing use rights may have lower amenity than development generally.

 

As identified earlier, the SEPP 65 Panel undertook an assessment of the design principles of the development.  The Panel have reviewed the plans on several occasions to ensure that they maximise improvements to the internal amenity of the proposal (and in particular the units already approved prior to SEPP 65 coming into force). Within the scope of the construction that has already taken place, the Panel is now satisfied the internal amenity of the units is satisfactory. The new unit has achieved the current requirements for amenity as required by SEPP 65.

 

9.7---------- Reasons for Refusal

 

1.       The proposal will compromise the amenity of the surrounding residential area and is incompatible with the dominant character of existing developments.

 

The amended proposal is consistent with the residential character and built form of surrounding properties which predominantly have hipped and gable pitched rooves.

 

2.       The proposed development will result in adverse overshadowing impacts on the private open space areas of No.7 Little Street and No.444 Malabar Road.

 

The additional level of the building will not result in additional overshadowing compared to the existing approval.

 

3.       The dwellings in the proposed development have been poorly designed and will have limited internal amenity, particularly with respect to access to natural light and sunlight.

 

The design of the previously approved development has been improved to maximise the amenity of all apartments, despite being approved prior to current amenity controls.

 

4.       The proposed development will adversely impact on the streetscape and amenity of adjoining properties in terms of visual bulk and scale and loss of views.

 

The visual bulk of the development when viewed from the street has been substantially reduced by providing the additional floor space within the roof form. The visual bulk and scale of the proposal when viewed from the rear of the site  has been reduced by the setting back of the top floor level to screen it from properties to the rear which are set at a lower ground level when compared to the subject site. The development is generally within the building envelope of the previously existing residential flat building on the site. This has minimised the potential for view loss from surrounding properties, particularly those to the west of the site which are elevated from the subject site.

 

5.       The proposed development has an FSR of 0:9:1, which is considered excessive for this site and results in a building which is out of context with the dominant built form in the 2A Zone.

 

The FSR of the development has been reduced to 0.72:1. A compliant dwelling house on the site could have an FSR of up to 0.6:1. The top floor level contributes approximately 14% of the FSR on the site within a roof space. Therefore the bulk of the building can be considered as equivalent to the construction of a dwelling with an FSR of 0.58:1 with large pitched roof form. This density approximates the likely density and character of development that is likely to occur on adjoining sites in the 2A zone.

 

6.       The maximum height and three storey scale of the proposed building is excessive and incompatible with the predominant height of neighbouring buildings.

 

The wall height of the building has been reduced so that the building has a two storey scale to the street with large pitched roof form above. This scale is more consistent with the predominant scale of surrounding buildings and the height of the development is also inconsistent with taller buildings in the vicinity of the site. The development will be 920mm lower than the previously existing building on the site and therefore still represents a reduction in height and improvement on the originally existing use.

 

7.       The proposal does not provide adequate landscaped areas on site to soften the visual impact of the development.

 

The proposal complies with the overall landscape standard in the 2A zone and has incorporated additional roof top planting areas over the basement to minimise the visual impact of the development and maintain the landscape character of the area.

 

10.     CONCLUSION

 

The proposal to construct a residential flat building on the site is permissible under ‘existing use rights’, and the proposal has been satisfactorily amended to reduce its impact on neighbouring properties.

 

Although provisions of State Environmental Planning Policies, the RLEP and Council’s policy documents cannot derogate from the protection of existing use rights, a merits based assessment has been made of the proposal. The development is consistent with the 2-3 storey scale of existing buildings in the locality and the desired future character as envisaged by the FSR, height and landscaping standards of RLEP 98. The development will not result in the significant reduction of residential amenity, parking or visual bulk and scale impacts. The works will result in an improvement in the amenity of the building currently approved and under construction on the site.

 

The site presents an opportunity for redevelopment under “existing-use rights” provisions, and the proposed development is consistent with the intentions of the zone. The proposal as amended has addressed the original reasons for refusal and as such it is recommended that Council change its original determination of the application.

 

RECOMMENDATION

 

A.--- THAT Council’s original Determination of Development Application No. 7/2005 dated 19 August 2005 for Construction of a new three storey multi unit housing development comprising five residential units (5 x 2 bedrooms) with basement parking for 6 vehicles be rescinded

 

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. 7/2005 for Construction of a new three storey multi unit housing development comprising five residential units (4 x 2 bedrooms, 1 x 1 bedroom) with basement parking for 6 vehicles at 5 Little Street, Maroubra 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 Little Street (western) elevation is to be amended as follows:

 

a)       The hipped northwestern section of the roof is to be deleted and the balustrading and balcony to the top floor unit continued to this area to provide a flat ‘parapet’ to the lower two floors of the building. The downpipe shown from this hipped section of roof on the street elevation is also to be deleted. The entire gable (which forms the street elevation of the second floor level) is to be clad in a different material (in a lighter colour) from the lower levels to distinguish it as a roof form from the walls below.

 

b)      The double doors to the balcony are to be deleted in favour of a single door located centrally in on the gable end with a panel of operable glass louvres 400mm wide on either side of the door running its full height. The small window shown to the southern side of the door is to be deleted as part of this amendment. This requirement is imposed to provide adequate amenity and security to the bedroom. Solar protection (overhang or window surround, not full length screening) is to be provided to the doors and windows and a section provided to indicate how the solar access is controlled throughout the year.

 

c)       An alternative solution to shading the bedroom windows on the western elevation is to be provided.

 

d)      The garbage store is to be a maximum of 1.8 metres in height measured from existing ground level below the western wall of the garbage store to minimise the visual impact of this structure when the site is viewed from the street.

 

e)       The ‘porthole’ windows are to be deleted from the western elevation of the stair access in favour of rectilinear windows 900mm x 1500mm to match the fenestration on the remainder of the building. The windows are to be placed in a similar location to that shown on the plans and are to be placed so that their long side runs vertically to match the proportioning of other windows on this elevation. Sun protection is to be provided to each of the windows consistent with the remainder to the western elevation.

 

f)       The gable end to the southwest corner of the site is to be reduced in height so that its ridge is RL32.350. The roof is to provide eave overhangs to the western elevation but is not to extend eastwards to join the main roof. Instead, the design is to be altered so that the second floor balcony and the top of the balustrade to this balcony provide a continuous line across the elevation, behind the southwestern gable end.

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board keyed to a coloured elevation) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80(3) of the Environmental Planning and Assessment Act 1979 prior to a operation of the consent.

 

3.       The location of the laundry and the walk in wardrobe to the rear bedroom in the western unit on ground floor level are to be swapped so that the laundry is accessed from within the bathroom of that unit. This condition is imposed to improve the amenity of the entry to that unit in accordance with the principles of good design under SEPP 65.

 

4.       The bifold doors to the living rooms of all dwellings are to be deleted in favour of two 750mm wide floor to ceiling panels at the edges of the opening. The edge panels are to provide operable glazed louvres from sill to head so that ventilation can be achieved in adverse weather conditions and without compromising the security of the dwellings. Bifold or single/ double leaf doors with glazed sections may be used in the remainder of the opening. This condition is imposed to ensure the security and amenity of all dwellings within the development.

 

5.       The aluminium screen to the eastern elevation of the main stair is to be deleted in favour of obscure glazing to the windows below 1.7m above landing level on each floor. Above 1.7 metres the windows are to have operable louvres to facilitate natural ventilation. An alternative sun shading device is to be provided to each window and details including a section through the façade detailing when sun will be admitted to and excluded from the stair is to be provided prior to the consent being made operational.

 

6.       An alternative design for the fenestration to the northern and southern elevations is to be provided, indicating variation of materials to the fenestration zone to improve the articulation of the northern and southern elevations and reduce the visual impact of these elevations in accordance with the principles of SEPP 65.

 

7.       The levels at the rear boundary are not to be altered. The retaining wall required along the eastern boundary of the site is to be setback a minimum of 1.5 metres from the rear boundary and the area between the retaining wall and the rear boundary is to remain at the existing level and is to be planting with advanced trees (minimum size of 75 litres). Details are to be submitted prior to the operation of this consent.

 

8.       The owner of the site must surrender the Development Consent No. 865/1999 prior to the operation of this Consent.

 

Evidence required to satisfy these conditions 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:

 

1.---- The development must be implemented substantially in accordance with Revision F of the plans drawn by Architecture & Building Works numbered DA01 to DA05 , dated 5/12/05 and stamped received by Council on 7 December 2005, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.---- Ceiling fans are to be provided in all bedrooms within the development to assist in ventilation and airflow. Details are to be provided on the Construction Certificate plans. This condition is included to improve the amenity of the dwellings.

 

3.---- The sill height of the south facing bathroom windows is to be increased to be a minimum height of 1.7m above finished floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above finished floor level. This condition is imposed to prevent overlooking of the adjoining dwelling to the south and be consistent with previous privacy measures imposed.

 

4.---- The landscape plan required by condition 111 is also to include the following:

 

§  Large plantings are to be used in the garden beds adjacent the driveway to reduce the visual impact of the vehicular access to the site.

§  Appropriate species are to be provided to the west to assist in creating privacy and sun shading to the living rooms and bedrooms facing the street.

§  A drip irrigation system should be included to ensure the viability of the planter boxes and garage roof garden bed.

 

          This condition is imposed to improve the compliance of the development with SEPP 65.

 

5.---- The solid rooves to the rear (east facing) balconies to the ground floor and level 1 are to be deleted in favour of pergola structures or alternatively sliding shade screens as shown being installed to the top floor balcony.

 

6.---- Sunshading is to be provided to the west facing bedroom windows in the form of an overhang or awning structure but not full height screening. Details are to be provided with the Construction Certificate application.

 

7.---- The overall height of the building must not exceed RL 36.85 details of compliance are to be provided in the construction certificate plans.

 

8.---- A privacy screen having a minimum height of 1.8m measured from finished floor level is to be provided to the eastern edge of the east facing balconies at ground and first floor level. The screen is to be constructed of horizontal timber louvres fixed in place. The louvres are to be angled to ensure retention of privacy between the occupants of the development and the adjoining owners of 438 and 440 Malabar Road. The screens are not to be removed without further application to and approval of Council.

 

          Details of compliance are to be provided in the construction certificate plans.

 

9.---- The sill height of the windows to the north facing windows adjacent the kitchens at first and second floor level is to be increased to be a minimum height of 1.7m above finished floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above finished floor level. This condition is imposed to prevent overlooking of the adjoining dwelling to the north.

 

10.-- Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1.8m*, measured from natural ground level to maintain reasonable levels of amenity to the adjoining premises. Details of fencing are to be indicated on the Construction Certificate plans and any construction of new boundary fencing or repair is to be at the full cost of the person having the benefit of this consent.

 

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

 

11.-- 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.

 

12.-- 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.

 

13.-- External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20.-- 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.

 

21.-- Where access is required to adjoining premises for construction purposes, the consent of the owners of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

22.-- 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.

 

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

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

 

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

 

25.-- 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.

 

26.-- 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.

 

27.-- 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.

 

28.-- 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

 

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

 

          Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximize on-site absorption of rainwater and details are to be provided on the landscape plans.  Details of the proposed landscaping, including plant species and paved areas are to be included with the construction certificate application.

 

30.-- A rainwater tank, of sufficient size to provide water for irrigation of landscaped areas within the development and for internal toilet flushing and clothes washing machine use, is to be provided to the development in accordance with Council’s Rainwater Tank Policy, to Council’s satisfaction.

 

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

 

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

 

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

 

31.-- In accordance with Council’s Section 94 Contributions Plan effective from 2 September 1999, the following monetary contribution is to be paid to Council. At the time of payment the person having the benefit of this consent is to demonstrate to Council that the amount of $1,231.55 has been paid to Council and has not been refunded. If this amount has not been paid then it shall be paid prior to the issue of a Construction Certificate for this development in the amounts of $853.77 and $377.78 being for open space and community facilities respectively.

 

a)       for the provision or improvement of open space                  $1,195.25

b)      for the provision or improvement of community facilities      $   528.50

 

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

 

32.-- 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.

 

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

 

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

 

34.     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.

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

 

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

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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”.

 

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

 

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

 

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

 

44.     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.

 

45.     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.

 

46.     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:

 

47.     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.

 

48.     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.

 

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

 

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

 

50.     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:

 

a)       the premises No.1 and No.7 Little Street, Maroubra

 

          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.

 

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

 

52.     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:

 

53.     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.

 

54.     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.

 

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

 

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

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

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

 

56.     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.

 

57.     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.

 

58.     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.

 

59.     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.

 

60.     A report prepared by a suitably qualified and experienced consultant in acoustics/vibration shall be submitted to the Principal Certifying Authority and the Council upon commencement of works, certifying that noise and vibration emissions from the construction of the development complies with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of approval.  In support of the above it is necessary to submit all relevant readings and calculations made.

 

          Should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council.

 

61.     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.

 

62.     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.

 

63.     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.

 

64.     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.

 

65.     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.

 

66.     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.

 

67.     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.

 

68.     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.

 

69.     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.

 

70.     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.

 

71.     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.

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

73.     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 provide adequate security against damage to Council’s infrastructure:

 

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

 

a)       $1000.00  -           Damage / Civil Works Security Deposit

 

          The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon a satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge and upon the completion of the civil works as conditioned in this development consent by Council. The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

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

 

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

 

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

 

a)       Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

b)      Re-construct the kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

 

c)       Carry out a full depth, 0.6 metre wide, road construction in front of the kerb and gutter along the full site frontage.

d)      Construct a 1.3m wide concrete footpath along the full site frontage adjacent to the kerb.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

e)       Reconstruct the damaged vehicular access to No 1 Little Street, which has been damaged due to the building works at No 5 Little Street.

 

76.     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.

 

77.     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.

 

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 driveway opening at the Little Street frontage must be 3 metres wide and located at least 0.5 metres clear of the side property.

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

 

80.     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, shall be:

 

·        50 mm above the top of the kerb at all points opposite the kerb, 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.

 

81.     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.

 

82.     The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $502.92 calculated at $33.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

83.     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.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

84.     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.

 

85.     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.

 

86.     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.

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

 

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

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

 

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

 

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

 

88.     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.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

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.

 

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

 

90.     As the subject development site falls away from Little Street, all site stormwater must be discharged either:

 

1.       To council’s street drainage system in Malabar Road by gravity via a private drainage easement through an adjoining private property (or properties); OR

2.       To an infiltration system designed in accordance with Council's requirements (subject to a satisfactory Geotechnical Engineers report).

 

          Should the applicant demonstrate that all reasonable attempts to procure a private drainage easement/s have failed, and the ground conditions preclude the use of infiltration, a pump system may be permitted. The pump 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.

 

91.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

          Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

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

 

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

 

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

 

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

 

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

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

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

100.   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.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

·        A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

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

 

103.   One covered car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

b)      The car washing bay must be located outside any required/approved stormwater detention system.

 

c)       The car washing bay must be 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 bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay (or equivalent)

 

e)       A water tap shall be located adjacent to the car washing bay.

 

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

 

a)       The location of the detention basin with finished surface levels;

b)      Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

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

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

f)       Details of any infiltration/absorption systems; and

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

 

105.   Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council’s Director of Asset and Infrastructure Services, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

106.   As the above site may encounter seepage water within the depth of the basement excavation, the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

          Notes:-

a)       Any subsoil drainage is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

b)      Adequate provision is to be made for the 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).

 

c)       Should the applicant demonstrate through a suitable geotechnical survey that the proposed basement will NOT be affected by seepage water this requirement may be waived.

 

107.   Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

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

 

108.   The garbage room areas will have to be designed so as to be able to contain a total of 6 x 240 litre bins (3 garbage bins & 3 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

109.   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.

 

110.   Prior to the accredited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the development site.

 

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

 

111.   The landscaped areas shown on the plan number DA 07, project number PN 0172, undated, received on 6th January 2005, prepared by Architecture & Building Works 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. If Council is not the certifying authority for the site, the applicant will still be required to forward a copy of the approved plans to Council for our records. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan at an appropriate scale showing existing site boundaries, features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

c.       The provision of landscape treatment along the narrow garden strip above the proposed vehicle entry ramp, along the southern boundary; as well as the provision of a densely planted hedge along the area above the eastern end of the driveway ramp.

 

d.       More extensive and decorative landscape treatment along the front boundary of the site than what is presently shown on the concept plan.

 

e.       A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

f.        Additional notation showing soil and mulch details, irrigation details, lighting 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.

 

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

 

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

 

i.        The landscape plan shall show a minimum number of 5 x 75 litre broad canopied trees (not palms) suitably located within the site, with a minimum of one provided within the front portion of the site, with the remaining trees to be provided within the deep soil zones in the northwest corner of the site and along the eastern boundary. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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

 

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

 

l.        In order to reduce the amount of stormwater generated by the site, as well as to recharge groundwater supplies, porous paving shall be used in all paved area not over slab. Details shall be provided with the construction certificate application.

 

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

 

112.   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.

 

113.   To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

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

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

 

115.   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.

 

116.   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.

 

117.   Any substation required shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

118.   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.

 

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

 

120.   The applicant shall submit a total payment of $319.00 to Council,

 

a.       Being the cost for Council to supply and install 2 x 45 litre street trees on the northern side of the proposed driveway at the completion of all works ($290.00 + GST)

 

          The contribution shall be paid into Tree Amenity Income Code R39 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

          The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for the works to be undertaken.

 

121.   A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for the amount of $5000.00 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.

 

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

 

          The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for a further inspection to be undertaken.

 

ADVISORY

 

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

 

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

 

a)       Part B1                     -   Structural provisions

b)      Part C1                     -   Fire resistance and stability

c)       Part C2                     -   Compartmentation and separation

d)      Part C3                     -   Protection of openings

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

f)       Clause D1.5              -   Distance between alternative exits

g)       Part E1                      -   Fire fighting equipment

h)       Part E2                      -   Smoke Hazard Management

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

j)       Part F1                      -   Damp and weatherproofing

k)      Part F3                      -   Room sizes

l)        Part F4                      -   Light and ventilation, in particular to the carpark

m)      Part F5                      -   Sound Transmission and Insulation

 

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

 

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

 

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

 

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

 

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

 

 

ATTACHMENT/S

 

A4 Reductions

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

10 January, 2006

FILE NO:

D0969/2003

 

PROPOSAL:

 Section 96 modification to alter the roof form of the rear shed from dutch gable to a full gable & decrease internal head height of lower level from 2.7m to 2.2m

PROPERTY:

 48 Arcadia Street, Coogee

WARD:

 East Ward

APPLICANT:

 Mr S Paterson

OWNER:

Mrs V L Paterson

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the original application was determined by Council.

 

The subject site is located on the northern side of Arcadia Street between Major Street and Beach Street, Coogee.  It is currently occupied by single storey detached dwelling house.  The surrounding area is residential in character and consists of a mixture of detached and semi-detached dwellings and residential flat buildings. 

 

It is proposed to amend the development consent to allow for a change in design of the roof of the rear shed from a hipped (dutch) gable to a standard gable roof.  It is also proposed to lower the floor to ceiling height of the lower level of the shed from 2.7 metres to 2.2 metres, thereby increasing the head height of the upper level.

 

In terms of the approval on the site, on 10 February 2004, the Council granted its consent to alterations and additions to the existing dwelling house, including a new double carport at the front of the dwelling, a shed/outbuilding (4m x 5.5m) and shade sails structure at the rear.

The owners of adjoining properties were notified of the proposed development, which resulted in receipt of two submissions.  They raised concerns with respect to height, loss of light and privacy.

The main issues relate to the proposed visual bulk of the structure and its related impacts such as overshadowing and visual amenity.

 

The recommendation is for approval of the amended floor to ceiling heights and the retention of the dutch gable roof form  .

 

2.    THE PROPOSAL

 

It is proposed to amend the development consent to allow for a change in design of the roof of the rear shed from a hipped (dutch) gable to a standard gable roof.  It is also proposed to lower the floor to ceiling height of the lower level of the shed from 2.7 metres to 2.2 metres, thereby increasing the head height in the upper level of the shed to about 1.6.

 

It is noted that the framework of the proposed structure has already been erected in the manner for which application is being made.  A site survey undertaken of those works confirms that all finished levels match the approved drawings.

 

In terms of the approval on the site, on 10 February 2004, the Council granted its consent to alterations and additions to the existing dwelling house, including a new double carport at the front of the dwelling, a shed/outbuilding (4m x 5.5m) and shade sails structure at the rear.  Approved A4 Plans attached.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Arcadia Street between Major Street and Beach Street, Coogee.  It has a 13.1 metre frontage to Arcadia Street, a maximum depth of 38.1 metres and a total site area of 499.3 sqm.  It is currently occupied by single storey detached dwelling house.  The surrounding area is residential in character and consists of a mixture of detached and semi-detached dwellings and residential flat buildings.  The adjoining site to the north is improved with a four-storey residential flat building; the site to the east is improved with a two-storey semi-detached dwelling house; and the site to the west is improved with a single-storey detached dwelling house.  Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site and its surroundings

 

 

4.    COMMUNITY CONSULTATION:

 

The owners of adjoining properties were notified of the proposed development on the 7 December 2005.  As a result of this notification, the following submissions were received:

Bruce – 46 Arcadia Street

Issue

Comment

Objection is raised to any increase in height of the structure.

The proposed amendments do not increase the  wall height of the proposed shed but do increase its visual bulk.

Star – 19 Moore Street

Issue

Comment

The proposed development will have an impact on light and sky views.

The proposed amendments will have negligible impact on the objector’s property, in terms of daylight access and  views.  Nonetheless, as discussed elsewhere in this report, the dutch gable should be retained to minimise its visual impact. 

The proposed development should go no higher.

The proposed amendments do not increase  the  overall height of the relocated shed but do increase the visual bulk.

There should be no windows in the structure.

The proposed amendments do not include windows.

 

5.    TECHNICAL OFFICERS COMMENTS

 

None applicable.

 

6.    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.

 

Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2B 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:-

 

Foreshore scenic protection area

 

Clause 29(3) of LEP 1998 provides the following in respect of Foreshore Scenic Protection Area:

 

The Council may only grant consent referred to in subclause (2) after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

It is considered that the proposed development is minor in terms of its affect on the significance of the Foreshore Scenic Protection Area.  The proposed changes are at the rear of the site and will not be visible from the foreshore area.  Therefore, the development is considered to satisfy the requirements of clause 29.

 

7.    SECTION 96 AMENDMENT

 

7.1  Substantially the same

The proposed modifications are considered to represent substantially the same development  as that originally approved.

 

7.2  Consideration of submissions

 

See Section 4 earlier in 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.

 

Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

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

Height, Form & Materials

 

Preferred Solution

Assessment

S1

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

The proposed development does not involve a change in the external wall height of the shed, as gable walls are not included in the definition of external wall height.  However, the proposed modification does significantly increase the visual bulk of the proposed shed.

 

It is considered that the northern gable will have an adverse impact on the property to the north, particularly, given the siting of the shed and the height of the structure.  The property to the north contains a residential flat building that has dwellings with balconies that face south.  Those balconies are approximately 8 metres from the rear boundary and provide private open space to those dwellings erected towards the subject site.

 

It is considered that the dutch gable would be effective in reducing the visual bulk of the proposed shed as viewed from those dwellings and their balconies.  The structure that has been built on the site provides visual evidence that, once its walls have been built, the structure will be visually dominant from that perspective of the property to the north (see Figure 2).  The dutch gable would provide a setback from the rear boundary and provide some visual relief to the structure, thereby improving the amenity of the dwellings in the property to the north.

 

The applicant has stated that the proposed gable (as constructed) will provide much needed additional storage than that which could be accommodated with the dutch gable at the northern end of the structure, as was approved.  It would not appear that any appreciable increase in storage area could be achieved by such action.  In any case, on balance, the impacts (discussed above) that would be caused by permitting a standard gable on the northern end are considered to outweigh the benefits argued by the applicant.  On that basis, the gable is not supported.

 

Figure 2: The erected garage structure as viewed from the adjoining property to the north.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

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 on adjoining properties. Complies.

 

9.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10.  CONCLUSION

 

Having regard to all relevant matters for consideration, that aspect of the proposed amendments that relates to altered floor to ceiling heights will not result in any adverse impact upon either the amenity of the adjoining premises or the character of the locality.  However, that aspect that relates to the proposed standard gable is considered to have unacceptable and unreasonable impacts.

 

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

 

 

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 Modify Development Consent No.0969/03 on property 48 Arcadia Street, Coogee, in the following manner:

 

(Condition No.4 is to be retained)

 

Condition No.26 is added to read as follows:

 

The floor to ceiling height of the lower level of the shed is to be 2.2 metres.

 

ATTACHMENT/S:

 

A4 Plans

 

 

………………………………

………………………………

SIMA TRUUVERT

TOM HUTCHISON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

9 January, 2006

FILE NO:

DA/0643/2005

 

PROPOSAL:

 Construction of a new two (2) storey building within the Long Bay Correctional Complex, Malabar, to function as a visitor pre-processing centre with processing area & counter, waiting area, staff areas, interview room, toilets, plant room, office space and gate control post.

PROPERTY:

 Long Bay Gaol, 1250 Anzac Parade, Malabar

WARD:

 South Ward

APPLICANT:

 Robert Morrison, Department of Commerce

OWNER:

 Department Of Corrective Services

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $3,000,000.

 

The proposed application is for the construction of a new two (2) storey building to function as a visitor pre-processing centre with processing area and counter, waiting area, staff areas, interview room, toilets, plant room, office space and gate control post.

 

The site is known as the Long Bay Correctional Complex (LBCC) and contains a variety of buildings associated with the use of the site. The surrounding area contains primarily low scale residential development. Access to the site is via Anzac Parade and a large customer and employee car park is located fronting Anzac Parade.

 

The site exceeds 4,000sqm and is the subject of an approved deemed DCP, which provides the planning controls for future development within the gaol.

 

The site is an item listed on the state heritage register and as such the application requires approval from the Heritage Council of NSW under the NSW Heritage Act 1977. The concurrence for the proposed works has been received from the Heritage Council and conditions have been included in this report.

 

The proposal was notified to the surrounding area and advertised and no submissions were received.

 

As the proposal constitutes Crown development, Council cannot refuse to grant consent or impose conditions, except with the approval of the Minister of Planning or the applicant. The draft conditions have been assessed by the Department of Commerce and concurrence to the conditional consent has been provided.

 

The proposed development is consistent with the relevant aims, objectives and recommendations of the master plan (now referred as ‘deemed DCP’), is appropriate in terms of heritage impacts, is appropriate in the special uses zone and is unlikely to result in adverse amenity impacts to adjacent residents.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal is for the construction of a new two storey building to function as a visitor pre-processing centre. The new building has a gross floor area of approximately 630sqm and comprises a visitor waiting area and processing counter, interview room, gate control post, staff and visitor toilets and plant room on ground floor and office space, storage and a plant room at the first floor.

 

The proposal also includes new kerb ramp, pedestrian crossing, stairs and walkway ramp from the existing car park to the front entry of the building.

 

The visitor pre-processing facility will operate during the existing visiting hours (which are limited to weekends) and the office facility within the building will generally operate during normal business hours, however, it might be accessed at any time during the day.

 

The proposal will not affect either the prison or staffing capacity of LBCC and will not require any additional parking. 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is located on the eastern side of Anzac Parade between a headland separating Long and Little Bays. The site has an irregular shape and a total area of 39.53 hectares. The site comprises Lot 5291 of DP 824057 and is known as Long Bay Correctional Complex (LBCC).

 

A minor ridge runs north-east to south-west along which the original buildings of the LBCC have been built dating to the early part of last century. The site falls away from this ridge towards Anzac Parade to the main entry into the LBCC. A small water body is located to the south of the existing hospital buildings.

 

The LBCC is bounded by Anzac Parade to the north-western and southern sections of the site. Bilga Crescent runs along the southern and south-eastern perimeter and Calga Avenue the eastern perimeter of the site. Austral Street runs along the north-eastern perimeter.

 

The site is used for a range of special inmate management programs and health services and associated supporting administrative, maintenance and stores, industries and nursery buildings/uses for inmate employment, staff amenities and the like.

 

The adjoining streets accommodate low density residential dwellings. Along this section of Anzac Parade several special uses are also accommodated including a University of New South Wales campus, the old Prince Henry Hospital site and several golf courses stretching to La Perouse.

 

4.    SITE HISTORY/APPLICATION HISTORY

 

The site has a long development application history covering numerous works and activities, of relevance to the subject application is the master plan recently approved by Council on 12 October 2004 for the proposed and other works. The requirements of the master plan will be addressed later in section 7 Master Planning Requirements.

 

5.    COMMUNITY CONSULTATION

 

The proposal has been notified and advertised in accordance with Development Control Plan for Notification and Advertising. No submissions were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Heritage Comments

 

The application has been referred to Council’s Consultant Heritage Planner for comment. No objections were raised. The following comments have been provided:

 

“The subject site is the Long Bay Correctional Complex (LBCC) which listed as a heritage item of state significance on the Randwick LEP and is also listed on the State Heritage Register.  As the site is listed on the SHR it is subject to an approval from the NSW Heritage Council under a Section 60 application or as Integrated Development.  The site is subject to a CMP which was prepared by Clive Lucas Stapleton Partners.  A Heritage Impact Statement, prepared by Graham Brooks and Associates, was submitted with this application.

 

The subject site of this application is a vacant portion of the Complex located adjacent to the north of the main entry gate and set along the existing perimeter fence line.  The LBCC site generally falls down towards the west and Anzac Parade from the ridge running north south through the centre of the site.  The earlier and more significant structures of the site are located along this ridge while the site of the subject proposal is set lower.  The subject site is not identified as a significant element in the CMP or the HIS and neither are the nearby buildings, being the Main Entry Gatehouse (1987) or the Single Officers Quarters (1975).  No significant plantings are identified on the site.

 

The application proposes the construction of a new Visitor Pre-Processing Centre.  The building will be a two storey structure sited with its western elevation on the perimeter fence line.  A new stair and ramp will sit forward of the building allowing access from the visitor car park.  The height of the building is approximately equal to the height of the Gatehouse canopy.  The roof is a colourbond skillion sloping back towards the site with metal strip highlight windows below.  The main western elevation is to be clad in sandstone.  The ground floor features 3 large openings comprised of smaller metal framed windows with the northern one (centrally positioned on the elevation) featuring the main entry doors.  An awning extends across a portion of the elevation.  The eastern elevation which faces into the site and features a brick finish with the section of the elevation opening to the waiting room to feature a glazed wall comprised of square metal frame windows.  It is intended that the Centre will serve pedestrian visitor access to the site with vehicular access continue through the adjacent gatehouse.  The centre will feature office space on the first floor.

 

The Heritage Impact Statement submitted with the application concludes that the proposal is appropriate as it respects the character of the existing buildings on the site and maintains the significance of the site.  Generally it assesses the proposal against the relevant Conservation Policies of the CMP and finds that it accords with those policies.  The report does identify potential for impact related to the policy for new development (6.4.8) as the structure will sit within one of the historic axis.  The report argues that the scale and form is compatible with the structures within the ‘Outer Complex’.

 

The proposal does conflict with the CMP yet it is in accordance with the approved Masterplan for the site.  As the building sits within the historic axis from the original gatehouse to Anzac Parade to the west it does erode the opportunity for this axis to be conserved and enhanced by being reinstated.  However, the approved Masterplan, which presumably accounted for the policies of the CMP, allows for a structure in this location and does not create the opportunity for the axes to be conserved and enhanced.  The opportunity to locate the structure on the southern side of the gatehouse and out of the historic axis was discussed with the project architect however it is apparent that the masterplan proposes the location of a new hospital facility partly in this location.  It seems that relocating the building would have significant impact to the intentions of the approved masterplan.  As the axis is already built out and there is no intention or provision within the masterplan for its conservation the location of the subject building on this site is considered reasonable.

 

The proposal also has the potential to impact on significant views.  The area behind the subject site is largely built out by later and non-significant structures.  Views to early significant buildings sited along the ridge are particularly limited from the public car park level and only glimpses of the roof ridge can be achieved.  The roof is not a prominent visual element from that location.  The views to early significant buildings along the ridge are more extensive from the other side across Anzac Parade and up the other side of the gully.  From this location the views are significant and the historic axis is apparent because a substantial portion of the buildings on the ridge are visible and a relationship can be witnessed between those and the significant buildings to the south.

 

The proposed structure will therefore not have considerable impact on significant views and the historic axis.  The height of the proposal is akin to the canopy over the main entry gate.  It is evident that the proposal will be a new element within the axis and view but will not detract from the significant views or appreciation of the axis as it will not obscure any of the significant elements in those views.  Furthermore the materials are appropriately coloured and textured and the design articulated so that the building will fall within the existing collection of later forms that comprise the lower section of the view.  The proposal is considered reasonable in regard to issues of heritage conservation.”

 

6.2       Manager of Environmental Health and Building Services

 

6.2.1    Building Services Comments

 

The Proposal

The proposal provides for the construction of a new two (2) storey visitor pre-processing centre adjoining the existing gatehouse.

 

BCA Building Classification

Class        -           5          (Office)

 

Background

The site adjoins the existing gatehouse.

 

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 prior to works commencing on the site.

 

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

 

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

 

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

 

Conclusion:

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

 

6.2.2    Environmental Health comments

 

The proposal

The proposal involves the erection of a new two storey pre-processing visitor centre. The centre will comprise of visitor waiting area and processing area, interview room, staff and visitor toilets on ground floor and office space, storage and a plant room on the first floor.

 

Key Issues

Contamination

Contamination has been considered under the provision of SEPP 55 as a consent Authority is required to consider whether land is contaminated.

 

Additional information was originally required in memo dated 16 August 2005 as part of consideration of the development proposal.

 

Further information was requested on the 19th October 2005 requiring specific contamination and assessment of the area subject to this proposal. Also requested was clear indication from the environmental consultant that the site can be made suitable for the intended use.

 

In response further information was received by Council from Coffey Geosciences Pty Ltd titled Environmental Site Assessment and Remediation Action Plan, “Proposed Visitor Pre-Processing Centre, Long Bay Correctional Complex, Malabar NSW” dated 29 November 2005.

 

The scope of the works for the environmental investigation included:

·    Review of site history, review of previous environmental site assessments and geotechnical investigations completed by the Department of Commerce and a review of Department of Environment and Conservation (DEC) notices.

 

·    Field investigations including excavation of test pits.

 

·    Laboratory testing of consisting of analysis of soil samples collected by Coffey employees and asbestos fibre sheeting provided by the Department of Commerce. The selected analysis was based on contaminants of primary concern.

 

·    Data assessment and reporting of results of the investigation.

 

·    Preparation of an Remedial Action Plan (RAP) including identification of areas requiring remediation and management as well as procedures for remediation, validation site control and health and safety.

 

Based on the report submitted by Coffey Geosciences the consultant concluded the site could be made suitable for the intended commercial/industrial use. Contaminants requiring remediation were benzo(a)pyrene exceeding the soil remediation criteria and isolated fragements of fibre sheeting containing asbestos.

 

A subsequent remedial action plan was prepared outlining procedures for remediation and validation fill by excavation and offsite disposal to an appropriate landfill.

 

Further information was required in memo dated 7 December 2005 with respect to asbestos contamination and application of the enHealth Guideline “ Management of Asbestos in non-occupational environment”. The contamination consultant has confirmed that the subject document has been considered with the contamination investigation and remedial strategy opting for the more conservative validation criteria of non detect with off site disposal of affected soils to an appropriate landfill.

 

As the subject document allows risks assessment approach to the management of asbestos and the consultant has detailed the more conservative validation criteria the contamination investigation and remedial action plan are considered to be adequate for the site. However ,given a Site Audit Statement will be required as part of this report the proposed Remedial Action Plan will be required to be reviewed by the Site Auditor engaged to carry out the Site Audit.

 

The environmental consultant also advises that acid sulphate soils have been considered. But with respect to investigations have been indicated potentially below the groundwater table.

 

The environmental consultant further advises that the works proposed do not propose to go below the groundwater table. With recommendations to be implemented should works proceeding below the groundwater table.

 

Contamination has therefore been considered with appropriate conditions included in this report.

 

Noise

Noise is considered a potential issue given the nature of the area and the minimal commercial activity contributing to a low background noise level. As such appropriate noise conditions have been included in this report.”

 

6.3       Development Engineer

 

An application has been received for the erection of a new visitors pre-processing centre at the above site.

 

The planning officer should ensure that the proposal is consistent with the recently approved Long Bay Correction Complex master plan.

 

This report is based on the submitted plans DA 01-04 dated July 2005.

 

Landscape Comments

Within the footprint of the proposed building, there is a stand of trees comprising Banksia integrifolia (Coastal Banksia’s) of between 3-5 metres in height and Melaleuca armillaris (Bracelet Honey Myrtle) of about 3 metres in height.

 

Despite these trees providing a food and habitat source for local and indigenous fauna, they are considered largely insignificant due to the presence of more established vegetation in surrounding areas, as well as the fact they are too small to be covered by Council’s Tree Preservation Order.

 

It will not be possible to retain these trees and proceed with construction as shown, and as such, approval is granted for their removal, with conditions not included as they are too small to be covered by the TPO.

 

No vegetation of any significance was noted in the area proposed for on-site detention (OSD) area 4.

 

Traffic Comments

The submitted Statement of Environmental Effects indicates that the subject development application will not alter the overall inmate capacity or staffing numbers. Consequently, the proposal should not result in any additional parking demands.

 

Given the above, the Development Engineer does not object to the subject application being considered without a detailed traffic and transport study being undertaken.

 

Drainage Comments

The applicant has indicated that stormwater runoff from the proposed visitor pre-processing centre will be directed to OSD area 4 in general accordance with the Long Bay Corrective Complex Master Plan Development – Stormwater Management Concept Plan. However, the applicant has also indicated that OSD area 4 may not be completed until after the construction of the proposed visitor pre-processing centre. Consequently, the applicant will be required to provide temporary on-site detention tanks to satisfy the OSD requirements of the master plan until such time as OSD area 4 is complete.

 

Construction Comments

Council has recently received complaints regarding works at Long Bay Gaol causing vibration within nearby properties. It is recommended that this application be referred to Regulatory Building & Development Control Services to ensure that appropriate conditions regarding permissible vibrations during construction works (including construction of OSD area 4 which forms part of this approval) are included in the consent.

 

Waste Management Comments

Prior to occupation of the new visitor pre-processing centre, the applicant shall submit to Council and have approved by Council’s Compliance Officer for Waste Management, a waste management plan for the centre detailing waste management practices, recycling, reuse and waste reduction measures.”

 

6.4       Heritage Council of New South Wales

 

The Heritage Council advised of its approval of the subject integrated development application and conditions have been included in the recommendation of this report.

 

7.    MASTER PLANNING REQUIREMENTS

 

Clause 40A of the Randwick Local Environmental Plan 1998 requires the preparation and adoption of a master plan for the 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 (‘deemed DCP’).

 

Accordingly, the master plan for the subject site which was adopted on 20 October 2004, 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)

§ Randwick Local Environmental Plan 1998

 

(a)   Randwick Local Environmental Plan 1998 (RLEP)

 

The site is zoned No. 5 Special Uses under RLEP and the proposed development is permissible with Council’s consent and is compatible with the existing use of the site as a correctional centre. This zone accommodates development by a public authority on publicly owned land.. The following Clauses of the RLEP apply to the proposal:-

 

Clause 37A           Development in Special Uses Zone

Clause 40A           Master Plans

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

 

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

 

Clause 37A     Development in Special Uses Zone

Clause 37A states that Council may grant consent to the development of land within Zone No. 5 only if it is satisfied that the proposed development is compatible with the character of the locality and will not adversely affect the amenity of nearby and adjoining development. The proposed building is located wholly within the existing perimeter fence line adjacent to the north of the main entry gate and will be visible from Anzac Parade. The overall design, exterior materials, colours and textures of the proposed building is compatible with the surrounding historic buildings. In addition, the proposed building will not have a considerable impact on significant views and the historic axis. It is therefore considered that the proposed development is appropriate in the subject zone and will not result in any significant adverse impact on the amenity of adjoining development.

 

Clause 40A – Master plans

Under the provisions of Amendment No 17 to Randwick LEP 1998, a Council adopted deemed DCP is required prior to a consent authority determining a development application for areas greater than 4,000 square metres within the City of Randwick except for sites which have been granted a waiver under Clause 40A(2) of the Randwick LEP which allows Council to waive the requirement for a deemed DCP if it is satisfied that the proposed development is of a minor nature only or is ancillary to the current use of the land, or that adequate guidelines and controls applying to the land are already in place.  These waiver provisions do not apply to the subject site. The deemed DCP (RZ – 2/2004) was adopted by Council on 12 October 2004 and applies for 5 years.

 

The deemed DCP proposed the following works and improvements:

 

§ Demolition of existing maintenance buildings known as 4.3 Maintenance, 4.4 Industries, 4.5 Records, 4.6 Central Store, 4.7 Panama Nursery (x2) and 4.8 Motor Garage. The demolition of these buildings and relocation of these maintenance uses into new accommodation is the subject of this development application.

§ Demolition of buildings associated with the existing hospital known as 7.2 through to 7.7.

§ Erection of a new Prison Hospital where buildings group 4 are positioned in the eastern corner of the Gaol site bordering the perimeter with Calga Ave and Bilga Cres.

§ Erection of a new Forensic Hospital over the site of the existing hospital buildings group 7 to the western end of the site adjacent to Anzac Parade and the visitor car park and Gaol entry.

§ New operations facility for Justice Health associated with the use of the Forensic Hospital.

§ Identified potential redevelopment zones throughout the site to existing building groups 3, 4, 6 and 7. Specific details have only been provided for redevelopment options for building groups 4 and 7 as potential works will be relatively minor.

§ New on site detention to upgrade and improve stormwater management for the entire Gaol site.

 

The deemed DCP contains the following principles guiding the future form of development of the Site:

 

§ To ensure new development maintains the heritage significance of the site;

§ To ensure that new development responds to the form and scale of existing buildings on the site and integrates with development in the locality, in respect of the character, scale and form of development;

§ To ensure that external lighting does not affect the amenity of adjoining uses;

§ To maintain important views to the historic precinct of the site from Anzac Parade to the south west;

§ To provide perimeter landscaping where consistent with security requirements; and

§ To ensure adequate security through appropriately designed fencing.

 

The proposal is considered to be consistent with the deemed DCP in that the building will be compatible with the height, form and scale of existing buildings on the site and as noted in the comments provided by Council’s Consultant Heritage Planner, the proposed structure will not have considerable impact on significant views and the historic axis.

 

In addition, the deemed DCP approval required the following subjects to be considered in the assessment of any development application:

 

Part B – Matters to be addressed/submitted in Future Development Applications

 

1.   The Development Application proposal shall be substantially in accordance with the footprint, setbacks and scale detailed in the Master Plan prepared for NSW Department of Commerce on behalf of NSW Department of Corrective Services by Government Architect’s Office, dated August 2004 and submitted to Council 16 August 2004.

 

Comment:

 

The proposed development is located within the ‘main entry and administration’ zone detailed in the approved deemed DCP.

 

2.   Based on the findings of a Geotechnical report any future Development Application should be considered alongside the requirements for Integrated Development Section 91 of the Environmental Planning and Assessment Act 1979 and Part 3A of the Rivers and Foreshores Improvement Act 1948.

 

Comment:

 

The engineering section raise no objection to the proposed development subject to  conditions.

 

3.   The applicant shall comply with all requirements set out by the Heritage Office in accordance with Section 57 and 60 of the Heritage Act 1977.

 

Comment:

 

The Heritage office, in accordance with section 60 of the Heritage Act, has provided consent to the application subject to conditions.

 

4.   Any development application shall be accompanied by a current Conservation Management Plan and Archaeological Assessment and Management Plan as endorsed by the Heritage Council.

 

Comment:

 

Heritage matters are addressed previously in section 6 above.

 

5.   Any Development Application shall be accompanied by sightlines prepared for properties adjacent to the subject site which enjoy sightlines towards the Heritage Items of the Gaol. These sightlines shall demonstrate the degree of loss if any of these buildings as a result of the proposed works.

 

Comment:

 

Heritage matters are addressed previously in section 6 above.

 

6.   The proposed hospital redevelopments shall be undertaken with a strong focus on a achieving a high level of energy efficiency. Any Development Application shall be accompanied by a report detailing the standard of energy efficiency achieved by the design. Council’s Rainwater Tank Policy should where possible be adhered to with all proposed works.

 

Comment:

 

The proposed development does not relate to the hospital.

 

7.   A detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past activities that may have occurred on site and current usages.

 

Comment:

 

Contamination issues have been assessed by Council’s health officer and relevant conditions are to be imposed ensuring compliance with relevant regulations.

 

8.   The report is to be carried out in accordance with Council’s Contaminated Land Policy 1999 and relevant NSW EPA Guidelines for Contaminate Sites.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be sufficiently detailed and be submitted to and approved by Council’s Manager Environmental Health & Building Services.

 

Should the Detailed Site Investigation Report not find any site contamination to both land and groundwater, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use’ posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.

 

Should the Detailed Site Investigation Report identify that the land is contaminated and the land requires remedial works to meet the relevant Health Based Investigation Level a Remediation Action Plan (RAP) is required to be submitted to and approved by Council prior to commencing remediation works.  The RAP is to be prepared in accordance with the NSW Environmental Protection Authority Guidelines for Consultants Reporting on Contaminated Sites.

 

Comment:

 

Contamination issues have been assessed by Council’s health officer and relevant conditions are to be imposed ensuring compliance with relevant regulations.

 

9.   An acoustic report is to be submitted to and accepted by Council. The report is to be prepared by a suitably qualified and experienced consultant in acoustics and the report and assessment is to be completed in accordance with the NSW Environmental Protection Guidelines, namely the Industrial Noise Policy and Environmental Noise Control Manual (sleep disturbance) and the relevant Australian Standards. The report is to include (but not be limited) to noise emission from the proposed development (mechanical ventilation etc).

 

Comment:

 

The proposed development is unlikely to generate excessive or unreasonable noise levels audible to nearby residents. Council’s health officer has recommended noise conditions but has not requested an acoustic report and it is considered that the noise conditions will ensure that the amenity of surrounding residents is preserved.

 

10. Kitchens, food preparation and food storage areas servicing the Prison Hospital and Forensic Hospital are subject to the requirements of the Food Act 2003, Food Regulation 2004 and Food Standards Code. These areas are to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004 and Food Standards Code and details of compliance are to be included in any development application received by Council.

 

Comment:

 

This condition relates to the proposed hospital use and is not relevant to the subject application.

 

11. Information detailing storage and disposal of waste (including clinical waste) generated by the proposed development is to be provided. Any proposed waste storage areas are to be detailed on plans submitted for approval.

 

Comment:

 

This condition relates to the proposed hospital use and is not relevant to the subject application.

 

12. Information in relation to the proposed rainwater harvesting system is required to be submitted. This information is to include structural and installation details, including location for any proposed pumps, motors and tanks and details of the potential for noise emanating from the associated plant and equipment to impact on the acoustical amenity of the surrounding residential areas.

 

Comment:

 

This condition relates to the proposed hospital use and is not relevant to the subject application.

 

The proposed development is therefore consistent with the masterplan requirements.

 

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 is listed as a heritage item of state significance in the RLEP and is also listed on the State Heritage Register. A Heritage Impact Assessment has been prepared and lodged with the application which has been assessed by Council’s Consultant Heritage Planner. In addition, the application has been referred to the Heritage Council of NSW as Integrated Development. No objections were raised regarding the proposed development and the application is recommended for approval subject to conditions. 

 

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

 

The proposed development is contained entirely within the LBCC site.  The building blends in with the general scale of development on the site and will not appear higher or out of context with the pattern of development on the site. The height and scale of the proposed building is consistent with the deemed DCP and will not result in adverse amenity impacts to surrounding residents. In addition, the proposal does not generate demand for additional staffing or inmates and will not generate additional traffic.

 

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

 

The proposed building is located within the ‘Main Entry and Administration’ zone as identified for future land uses across LBCC in the deemed DCP. As demonstrated above, the proposal will not have an adverse impact on any item of environmental, heritage or cultural significance and is therefore considered to be suitable development for the site.

 

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

 

The proposal being Integrated Development was notified and advertised for a period of 30 days between 15 August 2005 and 7 September 2005. No submissions were received by Council during the notification and advertising period.

 

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

 

The proposed development is consistent with the deemed DCP and the provisions of RLEP and will not have any significant adverse impact upon the amenity of the adjoining development including the safety and security of the surrounding community and public in general. The proposal will assist in the running of the LBCC and enhance the security and functioning of the LBCC. It is therefore considered that the proposal is in the public interest.

 

 

10.  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.  CONCLUSION

 

The proposed development is considered to be consistent with the adopted provisions of the deemed DCP for the LBCC and the applicable provisions of the RLEP. The development has received the concurrence of the Heritage Council and will not have an adverse impact on the social heritage of NSW subject to special conditions of consent. The application is unlikely to have any significant adverse impact on the built form character of LBCC or the amenity of adjoining development.

 

The application is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 643/2005 for the Construction of a new two (2) storey building within the Long Bay Correctional Complex, Malabar, to function as a visitor pre-processing centre with processing area & counter, waiting area, staff areas, interview room, toilets, plant room, office space and gate control post at Long Bay Gaol, 1250 Anzac Parade, Malabar, subject to the following conditions:

 

REFERENCED PLANS:  

 

1.         The development must be implemented substantially in accordance with the plans numbered DA01 to DA04, dated July 2005 and received by Council on 10 August 2005, the application form and on any supporting information (statement of environmental effects and heritage impact statement) received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

        Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to works commencing on the site.

 

The following conditions are applied to ensure compatibility of the proposed work with the existing heritage qualities of the item and to ensure consistency with the Environmental Planning and Assessment Act, 1979, by the Heritage Council of NSW:

 

3.         The development of the site is to be in accordance with the Statement of Environmental Effects prepared by BBC Consulting Planners, August 2005, Assessment of Heritage Impact prepared by Graham Brooks & Assoc Pty Ltd, July 2005, and Drawings DA 01, DA 02, DA 03 and DA 04 prepared by NSW Department of Commerce, July 2005, as amended by the following conditions:

 

4.         If any Aboriginal objects are uncovered, excavation or disturbance of the area is to cease and the Department of Environment and Conservation is to be informed in accordance with section 91 of the National Parks and Wildlife Act.

 

5.         If any archaeological relics are uncovered during excavation, work must cease on that part of the site and the Heritage Council is to be notified in accordance with section 146 of the Heritage Act. The Heritage Office may require the relics to be recorded by a suitably qualified archaeologist prior to the recommencement of works.

 

6.         This approval shall be void if the activity to which it refers is not physically commenced within five years after the date of this approval or within the period of consent specified in the relevant development consent granted under the Environmental Planning and Assessment Act, 1979, whichever occurs first.

 

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

 

7.         The applicant is to engage a NSW Department of Environment and Conservation (DEC) (formerly EPA) Accredited Site Auditor. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to Council, prior to commencement of works on the site, which confirms that the land has been remediated and the site is suitable for the intended development and use and satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

Any additional conditions that are specified in the Site Audit Statement and Summary Site Audit Report by the EPA accredited site auditor, form part of this consent and Council must be consulted with prior to the development and imposition of any conditions.

 

8.         The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

In relation to any asbestos contamination, a comprehensive remediation strategy and remedial action plan must be developed, to the satisfaction of the Site Auditor and in accordance with relevant guidelines.

 

The remediation strategy and remedial action plan must demonstrate that the land will be remediated in accordance with relevant guidelines and to a level or standard where no unacceptable health risk remains from asbestos exposure, which shall be verified upon completion of the remediation works to the satisfaction of the Site Auditor.

 

9.         Remediation and validation works shall be carried out in accordance with (name of remediation plan) prepared by Coffey Gecsciences Pty Ltd, ref: E1272316, dated 29 November, 2005.  Any variations to the proposed remediation works or remediation action plan shall be approved by the Site Auditor and a written statement is to be provided to the Council by the Site Auditor prior to the commencement of such works, which confirms the Site Auditors approval of the amended remediation action plan / works.

 

10.       Site remediation must be carried out in accordance with the following general requirements:

 

a)         Remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA) and the NSW Department of Infrastructure Planning & Natural Resources (formerly Planning NSW), Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

b)         The Environmental Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns (for example, the potential effects on wildlife) and the protection of ground and surface water.

 

c)         The remediation of the site including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards.

 

d)         Should any underground tanks be discovered they shall be removed in accordance with relevant NSW DEC/EPA Guidelines; Australian Institute of Petroleum’s (AIP) Code of Practice for the Design, Installation and Operation of Underground Petroleum Storage Systems (CP4-1998); and WorkCover NSW requirements. In the event of conflict between AIP Code of Practice and WorkCover requirements the latter shall prevail.

 

e)         Any odours from excavated materials shall be mitigated by the use of an odour suppressant, such as Biosolve, and shall not give rise to an offensive odour as defined in the Protection of the Environment Operations Act 1997. Stockpiles shall also be covered and dampened down to reduce odour and dust impacts.

 

On-site land farming of contaminated soil is not permitted, except with the written approval of Council’s Manager of Environmental Health & Building Services.

 

f)          Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (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’.

 

g)         A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. A copy is to be forwarded to Council. The Site Remediation Management Plan shall include measures to address the following matters:

·      general site management, site security, barriers, traffic management and signage

·      hazard identification and control

·      worker health & safety, work zones and decontamination procedures

·      cross contamination

·      site drainage and dewatering

·      air and water quality monitoring

·      disposable of hazardous wastes

·      contingency plans and incident reporting

·      details of provisions for monitoring implementation of remediation works and persons/consultants responsible

 

h)         All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

i)          Prior to the commencement and throughout the duration of the remediation and construction works adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

j)          Remediation work shall be conducted within the following hours:

Monday – Friday      7am – 5pm

Saturday           8am – 5pm

No work permitted on Sundays or Public Holidays

 

k)         A sign displaying the contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the site access.  This sign shall be displayed throughout the duration of the remediation works.

 

l)          Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council immediately.

 

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

 

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

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

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

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

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

 

12.       The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

13.       All site works shall comply with the occupational health and safety requirements of WorkCover NSW.

 

14.       That prior to the commencement of any works below the groundwater table an Acid Sulphate Management Plan shall be prepared and implemented. A copy of which shall be submitted to Council. 

 

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:

 

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

 

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

 

16.       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.

 

17.       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.

 

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

 

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

 

19.       Any proposed Warm water systems and/or Cooling Towers must be designed, installed and maintained in accordance with the requirement of the Public Health Act 1991 (Part 4 Microbial Control) and Regulations.  The air handling system cooling tower must be designed, installed and operated in accordance with the relevant requirements of AS/NZS 3666.1 (2002), AS/NZS 3666.2 (2002) and AS/NZS 3666.3 (2000).

 

Details of compliance must be provided prior to works commencing on the site.

 

Waste water from cooling tower warm water systems are to be discharged to the sewer under a Trade Waste Agreement from Sydney Water.

 

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

 

20.       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.

 

21.       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.

 

22.       The applicant must provide certification of compliance with the Building Code of Australia as required by Clause 116G of the Environmental Planning & Assessment Act, 1979.

 

The applicant must also certify that the building works are substantially in accordance with the Development Consent.

 

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 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.

 

24.       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.

 

25.       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 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.

 

26.       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 Council 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.

 

27.       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.

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

 

28.       Access, facilities and car parking for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 and relevant Council development control plans for the subject development, to the satisfaction of Council.  Details of the proposed access, facilities and car parking for people with disabilities are to be provided prior to works commencing on the site.

 

Civil Works Conditions

 

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

 

29.       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.

 

30.       The applicant shall note that any 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.

 

Service Authority Conditions

 

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

 

31.       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.

 

Drainage Conditions

 

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

 

32.       Stormwater runoff from the proposed visitor pre-processing centre shall be directed to OSD area 4 in general accordance with the Long Bay Corrective Complex Master Plan Development – Stormwater Management Concept Plan and subsequent Stormwater Drainage Concept Plan for the Proposed Development of the Visitor Pre-Processing Centre prepared by the NSW Department of Commerce, dated July 2005.

 

Until such time as OSD area 4 (together with all infrastructure necessary to direct stormwater into this OSD area) is complete, stormwater runoff from the subject development site shall be discharged to the existing site stormwater system via temporary stormwater detention tanks. The temporary detention system shall be designed to ensure that the maximum discharge from the site is that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 100 year storm is to be retained on the site for gradual release to Council drainage system in Anzac Parade via the existing drainage system.

 

33.       Stormwater discharge from OSD area 4 shall be directed to the underground drainage system in Anzac Parade via a new or existing kerb inlet pit. All new kerb inlet pits shall be constructed in accordance with Council’s standard drawing SD7a.

 

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

 

35.       Engineering calculations and plans (with levels reduced to Australian Height Datum) in relation to site drainage and OSD area 4 shall be submitted to Council for consideration prior to the commencement of work on the site. The drawings and details shall demonstrate compliance with the approved masterplan and shall include the following information:

 

a.   A detailed drainage design for OSD area 4 supported by a catchment area plan (and associated calculations) detailing the areas that will be draining to the OSD system.

 

b.   Details of the proposed connection/s of OSD area 4 to Council's stormwater system. 

 

c.   A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc.

 

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

 

d.   Calculations and details of the proposed temporary detention tank/s including the point of discharge into the existing site stormwater system.

 

e.   Proposed finished surface levels and grades of OSD area 4 (and the surrounding catchment area).

 

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

 

36.       All stormwater run-off naturally draining to the subject development site must be collected and discharged through the new stormwater system/s.  Such drainage shall, if necessary, be constructed prior to the commencement of building work.

 

37.       All new floor areas shall be located a minimum of 300mm above (or provided with a suitable waterproof barrier to 300mm above) the top water level in any adjacent above ground on-site detention area.

 

38.       All new floor areas shall be located a minimum of 300mm above (or provided with a suitable waterproof barrier to 300mm above) any 1 in 100 year flood levels/overland flow depths on the site.

 

39.       Rainwater tanks shall not be considered as contributing to detention storage requirements unless it can be demonstrated through continuous modelling (using historical rainfall data for the area) that there will always be available storage in rainwater tanks at the beginning of critical storm events.

 

Overflow from rainwater tanks should be directed to the on-site detention area/s.

 

40.       Stormwater pollution control devices shall be provided prior to stormwater being discharged either from the site or into any infiltration areas. The pollution control devices shall be capable of treating all runoff up to at least the 3 month ARI storm event.

 

41.       The detention area/s must be regularly cleaned and maintained to ensure they function as required by the design.

 

42.       Above ground stormwater detention area/s must be suitably signposted warning people of the maximum flood level.

 

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

 

44.       A `V' drain shall constructed along the perimeter of the property, where required, to direct all stormwater to the detention areas.

 

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

 

46.       Prior to occupation of the new visitor pre-processing centre, 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 include the following details:

 

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

b.   Finished site contours at 0.2 metre intervals;

c.   Volume of storage available in the detention area/s;

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

e.   The orifice size(s).

 

47.       Prior to occupation of the new visitor pre-processing centre, the applicant shall submit to the 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.

 

48.       There shall be no erection of any buildings or structures nor the carrying out of any works on or over the land described as “on-site stormwater detention system 4 (OSD 4)” that may adversely affect the design function of the system. The on-site stormwater detention system includes all ancillary pipes, drains, walls, kerbs, pits, trenches, grates, chambers, basins and surfaces designed to temporarily detain stormwater.

 

Works in this context shall be taken to mean the excavation or replacement of soil or landscape material upon this detention system, or any variation to the size or shape of the “on-site stormwater detention system”, that may affect the design function of the said area.

 

49.       Upon completion of OSD area 4, the Department of Corrective Services shall provide a written undertaking to implement a maintenance program for OSD 4. The undertaking shall outline the Department’s agreement to:

 

a.   Permit stormwater to be temporarily detained by the system.

 

b.   Keep the system clean and free from silt, rubbish and debris.

 

c.   Maintain, renew and repair the system so that it functions in a safe and efficient manner in accordance with the original design function.

 

d.   Carry out the matters referred to in paragraphs (b) and (c) at their own expense.

 

e.   Not make any alterations to the detention facility or elements thereof without prior consent in writing of the Council or the relevant development consent authority.

Waste Management Conditions

 

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

 

50.       Prior to occupation of the new visitor pre-processing centre, the applicant shall submit to Council and have approved by Council’s Compliance Officer for Waste Management, a waste management plan for the centre detailing waste management practices, recycling, reuse and waste reduction measures.

 

ADVISORY MATTERS:

 

1.         The applicant is advised that the 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)       Clause C3.2&C3.4    -       Protection of openings in external walls

b)       Part D3                      -       Access for people with disabilities

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

d)       Part E1                       -       Fire fighting equipment

e)       Part E2                       -       Smoke Hazard Management

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

g)       Part F2                       -       Sanitary and other facilities

h)       Part F4                       -       Light and ventilation

 

You are advised to ensure that the development is not inconsistent with Council's consent.

 

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.

 

ATTACHMENT/S:

 

A4 configuration plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

13 January, 2006

FILE NO:

DA814/05

 

PROPOSAL:

 New garage to front of dwelling

PROPERTY:

 32 Byng Street Maroubra

WARD:

 Central Ward

APPLICANT:

 

 

 Archman Design Services

 

 

 

 

 

 

 

 

OWNER:

Mr C Lam & Mrs L C Chung

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillor’s Andrews, Procopiadis and Tracey. The estimated cost of development is $50, 000.

 

The application details the erection of a double garage with trafficable roof to the front of the dwelling.

 

The proposal was notified in accordance with DCP – Public notification and no submissions were received.

 

The main issues are the impact upon the streetscape of erecting a double garage to the front of the existing dwelling.

 

The application is recommended for refusal, as the proposal does not satisfy the objectives and performance requirements of the DCP – Dwelling Houses.

 

2.    THE PROPOSAL

It is proposed to excavate the front portion of the property to allow for the construction of a new double garage with trafficable roof terrace above and new entry steps to the eastern side boundary and a 7m wide concrete footpath crossover. The garage is to be sited up to the front boundary and 1220mm from each side boundary and have a total area of 51m².

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is on the northern side of Byng Street, has a street frontage of 10.06m and depth of up to 38.425m with a site area of 380m² and , the site falls from the rear to the street with a difference in levels of up to 3m. There is a 2.44m wide right of way along the western side boundary between the subject property and the adjoining property at 30 Byng Street which provides for a shared driveway and rear access to garages.

 

The locality is residential in nature and contains a mixture of semi detached and free standing dwellings single and two storey dwellings.

 

4.    COMMUNITY CONSULTATION:

 

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

 

5.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to Council’s Development Engineers for comment and conditions have been provided for inclusion with any consent granted.

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

6.1         Randwick Local Environmental Plan 1998

 

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

 

7.    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.

 

7.1       Development Control Plan Dwellings 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.

S6

20% of the total site area has permeable treatment.

45% of the site is permeable. Complies.

Whilst the proposal satisfies the preferred solutions of the DCP with respect to landscaping the erection of this garage structure to effectively the whole front yard erodes  any potential for soft landscaping within the front of the property, thereby increasing stormwater runoff and detracting from the aesthetic quality of the adjoining public domain.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

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

 

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

 

See detailed assessment below with respect to the siting of the garage in relation to the existing dwelling and the streetscape.

 

 

 

 

 

 

Garages & Driveways

 

 

Preferred Solution

Assessment

S1

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

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

S1

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

The proposed driveway is 7.64 metres at the front boundary. Does not comply see assessment below.

S1

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

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

S2

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

There is existing rear parking via the right of way which serves the subject and adjoining property.

S2

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

 Does not comply – see assessment below

S2

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

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

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

It is not considered that the proposed new garage to the front of the property will comply with the objectives and performance requirements of the DCP in that the garage will be visually obtrusive and will detract from both the appearance of the dwelling and local streetscape. The siting of the garage to the front of the dwelling will be very prominent in the local streetscape due to excessive height and the fact that the garage will occupy almost 70% of the width of the frontage. It also appears that the plans as submitted do not give an accurate indication of the extent that the existing appearance of the dwelling will be obscured and in fact the garage will partially obscure part of the front windows of the dwelling, unless the degree of excavation is increased.

 

In addition, providing a driveway in excess of 7m is also not supported in that a driveway of this width is excessive and will result in a wide expanse of hard surface at the front of the property which will provide a poor streetscape presentation. If the application was to be recommended for approval it would be considered appropriate that the width of the driveway crossing be reduced to a minimum of 5m which would facilitate vehicular entry to the garages.

 

It is noted that examples of other similarly sited structures have been provided which are located near the subject premises, however of the 46 properties in this street there are only 7 carports and garages to the front of dwellings sited near or up to the front boundary, and an argument that the streetscape has already been compromised cannot be sustained. In addition, this particular garage differs from the nearby structures referred to by the applicant in that it is proposed to erect the structure directly in front of the dwelling partially obscuring the façade, rather than the garage being an integral part of the dwelling envelope. The other instances of existing garages to front of dwellings such as that of No. 34 Byng Street, were granted consent under the previous planning regime which placed much less emphasis on streetscape issues.

 

8.    CONCLUSION

 

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

 

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

 

RECOMMENDATION:

 

THAT Council as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. 814/05 for permission to erect a new double garage to the front of the dwelling at 32 Byng Street Maroubra for the following reasons:-

 

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

 

2.       The proposed garage does not comply with the objectives and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the proposed enlarged driveway will exceed 3m in width and the garage will occupy more than 35% of the width of the site, eroding the existing soft landscaping at the front of the site.

 

3.       The proposed garage does not comply with the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies in relation to Building Setbacks as it does not conform to the dominant setback along the street.

 

ATTACHMENT/S:

 

A4 Configurations

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING  

SENIOR ASSESSMENT OFFICER

 

 


 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

5 January, 2006

FILE NO:

DA/0091/2003

 

PROPOSAL:

 Section 96(2) modification of the approval by deleting the visitor car space and making minor design changes to each level including changes to the internal layout and increasing internal areas via a reduction in the size of some balconies, changes to the proposed landscape treatment on the site and deletion of Condition 51 relating to compliance with disabled access standards

PROPERTY:

 20 Beach Street, Coogee

WARD:

 North Ward

APPLICANT:

 Arttech Design

OWNER:

 Miss S L Byard

 

 

 

 

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 application proposes modification of the approved development by removing a visitor carspace and making minor design changes to each level including changes to the internal layout and increasing internal areas by reduction in the size of some balconies, changes to the proposed landscape treatment on the site and deletion of Condition 51 relating to compliance with disabled access standards.

 

The application has been notified to surrounding residents, resulting in a single submission from the adjoining property to the south which raises concerns regarding visual privacy, overshadowing, building bulk, floorspace non-compliance, parking and damage during construction.

 

The main issues for consideration are the loss of a visitors parking space, landscaping changes and the proposed improvements to the amenity of the dwellings and streetscape presentation of the development.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The applicant seeks modification of the existing approval as follows:

 

Basement

 

§ Deletion of the visitor carparking space, rearrangement of the carparking to provide additional storage.

§ New internal gates to all parking spaces and inclusion of the end of the aisle into the parking area for Townhouse 3.

 

Ground Floor

 

§ Increased size of living and kitchen areas to northern side of units by occupying area previously approved as part of northern balconies.

§ Changes to layout of laundries and bathrooms to ground floor and 300mm reduction in the floor level of laundry area to Townhouses 1 and 2.

§ Addition of approximately 1.6m2 of floor area on southern side of ground floor by modifying the previously approved stepping of the southern elevation to provide more usable internal areas.

§ Provision of additional detail on the plans in terms of courtyards, planter boxes and clothes lines, changes to the planter boxes and planting schedule previously proposed.

§ Removal of doors to all townhouses on southern elevation

§ New pergola to western elevation

§ Window changes to northern elevation in accordance with changes to plans on northern side of all townhouses

 

First Floor

 

§ Internal changes to layout of ensuites to bedrooms of each dwelling.

§ Changes to the articulation of southern elevation to match ground floor

§ Movement of northern wall of Town houses 2 and 3 by 600mm towards the northern boundary to match ground floor changes

§ Movement of eastern wall of Townhouse 1 by 1 metre towards eastern boundary to match approved eastern elevation of ground floor. Shape of previously approved eastern balcony made rectilinear and will be 195mm closer to eastern boundary

§ Solar shading added to northern elevation

§ Northern balconies made rectilinear and reduced in size with parapet added to non-trafficable roof sections to improve articulation.

§ Changes to northern elevation fenestration commensurate with changes to floor plans

§ Changes to southern elevation fenestration, new bathroom and bedroom windows

§ Changes to eastern elevation fenestration

 

Attic Level

 

§ Extension of townhouse 1 to the north and east to be consistent with the first floor level

§ Modification of stair access and provision of void to each townhouse

§ Changes to ensuite layout of each townhouse

§ Alignment of southern wall of attic level (within roof space) to be consistent to each townhouse

§ Additional window to Townhouse 3 in western elevation

 

The unit mix will not change as a result of the proposed modifications and the number of dwellings will remain as approved.

 

The applicant also seeks deletion of Condition 51 of the original approval which reads as follows:

 

51. Access, facilities and car parking for people with disabilities must be provided in accordance with Council’s development control plan for multi-unit housing and in accordance with the relevant provisions of Part D3 of the Building Code of Australia and AS1428.1, AS4299 and 2890.1. Details of the proposed access, facilities and carparking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA

 

The site consists of a single corner allotment, with a short frontage to Beach Street of 13.155 metres and a longer frontage to Clovelly Road of 36.575 metres. The total area of the site is 481.2m2. The site is elevated from street level at the Beach Street frontage approximately 2 metres and as is the established pattern on this side of Beach Street, a solid retaining wall on the street alignment accommodates the difference in level between the street and the site. Retaining walls also accommodate the slope of Clovelly Road reducing the fall across the site to approximately 1.0 metre from its rear to front (west to east).

 

The site currently contains a single storey rendered brick dwelling house.

 

Development in the locality is characterised by a mix of residential and commercial uses and a variety of architectural styles and construction eras. To the north of the site across Clovelly Road are specialty retail shops and 3-4 storey residential flat buildings. To the east across Beach Street are 1-2 storey freestanding and semi-detached dwellings. Adjoining the site to the south is 22 Beach Street, which is currently occupied by a single storey dwelling house. Adjoining the site to the west is a three (3) storey older style residential flat building (292 Clovelly Road).

 

4.    SITE HISTORY

 

Development Application 91/2003 was approved subject to conditions under Delegated Authority on 26 May 2003. The existing approval provides for demolition of the existing dwelling house on the site, excavation and construction of a new multi unit housing development comprised of three new attached town houses each having 3 bedrooms over basement parking for 7 vehicles. The approved development has a two storey scale with a third level being accommodated within a roof form as an ‘attic space’. The entry to the parking is provided from Beach Street, where the site is elevated from ground level due to the existing topography. Pedestrian entries are provided to all dwellings from Clovelly Road.

 

The application to modify the consent was lodged on 27 October 2005. The referral of this application to the Health Building and Planning Committee was received on 10 December 2005.

 

5.    COMMUNITY CONSULTATION

 

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

 

5.1     Objections

 

1.       J. Sterne, 22 Beach Street, Coogee

 

§  Increase in FSR of 9.2% (0.06) is unacceptable as approved development already exceeds the standard in the LEP

 

Comment: The FSR of the proposal will decrease from that previously approved under this proposal. Refer to discussion under Section 8 of this report.

 

§  Increase in FSR will lead to bulk and scale, solar access and visual privacy impacts in addition to the amenity impact of the existing approval which will already impact my amenity.

 

Comment: The increase in internal floor area is minor and will not result in significant impacts to surrounding properties in terms of bulk and scale or solar access. The changes in the FSR of the proposal will not result in visual privacy impacts, however some of the window movements proposed may provide greater opportunities for overlooking and a condition has been recommended to ameliorate this impact.

 

§  Increased number and size of windows to southern elevation, particularly to top floor will view into the window on the northern side of 22 Beach Street. Movement of whole building closer to common boundary will result in outlook from 22 Beach Street being of clothes lines.

 

Comment: The building will not be moved closer to the common boundary as a result of the modifications. A 1.6m length of wall will be moved to align to the existing approved section of wall which are setback approximately 3.5 metres. Privacy impacts have been discussed in Section 10.6 of this report. The modifications to the landscaping do not provide screening to the clotheslines as required by previously imposed conditions of consent. The new landscape plan and clotheslines are not recommended for approval as they may be unsightly from surrounding properties.

 

§  Increased overlooking of rear yard from new windows and private courtyards to each townhouse

 

Comment: Privacy impacts have been discussed in Section 10.6 of this report.

 

§  Fence height has not been shown on plans and should not exceed 1.8 metres to maximise solar access to 22 Beach Street.

 

Comment: A condition has been recommended to restrict the height of boundary fencing to 1.8 metres (see Condition 116).

 

§  Deletion of the visitor parking space in favour of storage to townhouse 1 will exacerbate existing shortage of off street parking in the area.

 

Comment: Deletion of the visitor parking space is not supported as the deletion of this space would result in non-compliance with the DCP – Parking and increased demand on off street parking in the local area (see discussion under Section 10.8).

 

§  Concern regarding structural damage as a result of construction, Council should limit the size of and/or impact of the equipment used to construct the development as well as requiring a dilapidation report.

 

Comment: Conditions 18-23 of the original approval were imposed to ensure the building is constructed in a safe and proper manner and to minimise the risk of construction damage to surrounding properties. In addition, a full dilapidation report detailing the existing condition of surrounding properties. Further conditions relating to the issue of construction damage are not required.

 

6.    TECHNICAL OFFICERS COMMENTS

 

6.1       Manager Environmental Health and Building

 

The Manager, Environmental Health and Building has reviewed the application and advised no objection to the removal of Condition 51 from the consent as the proposed development involves less than the required number of dwellings under the DCP – Multi Unit Housing. This modification has been included in the Recommendation section of this report.

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

§  Randwick Local Environmental Plan 1998

§  DCP - Multi Unit Housing

§  DCP – Parking

§  Environmental Planning and Assessment Act, 1979

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2(b) 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:-

 

Clause

Requirement

Existing Approval

Proposed Modification

Complies

31 (2)– Landscape Area

50% of site area

(240.6m2)

59%

(284.05m2)

52%

(274.39 m2)

Yes

31 (3)- Landscaped Area over basements (maximum)

Not to exceed 50% of landscaped area requirement

(25% of site area)

(120.3m2)

44%

(105.96m2)

44%

(105.96m2)

Yes

 

32 – FSR

0.65:1

(312.78m2)

0.88:1

(425m2)

0.83:1

(402m2)

No1

33 (2)– Building Height

9.5m

9.0m

9.0m

Yes

33 (4)- External Wall Height

 

7m

 

5.9m

 

5.9m

 

Yes

43 – Heritage Item or Conservation Area

N/A.

Not a heritage item and not located in a heritage conservation area or in vicinity of item.

Not a heritage item and not located in a heritage conservation area or in vicinity of item.

N/A.

1 Existing non-compliance

 

The overall FSR of the proposal is reduced due to the change to the definition of gross floor area under RLEP98 under Amendment 23, gazetted May 2003. The change occurred after granting of the previous approval. Although the internal floor area of the development has slightly increased, due to the change of balcony areas to internal floor space, the removal of external walls from the calculations has resulted in an overall reduction in the gross floor area of the development. Despite the reduction in floor space, there will be no perceived change to the overall bulk and scale of the development from that originally approved. However, the modifications to the balconies at first floor level will provide additional articulation and a more contemporary style to the building which will improve its appearance and reduce the bulk of the building when viewed from Clovelly Road.

 

The original development’s compliance with the remaining statutory controls will remain under the proposed design modifications.

 

8.1       Policy Controls

 

a.    Multi Unit Housing DCP

 

Control

Requirement

Existing Approval

 

Complies

Front Setback

Beach St (East)

Clovelly Rd (North)

Consistent with Existing

4.3m

 

300mm

 

 

6.2m

 

1.5

 

 

No Change

 

No Change

 

 

Yes

 

Yes

(South)

 

 

 

 

Basement

Av. 4m

No part of the building is to be closer than 2.5m

0.775m

No Change

No

Ground

3.47-4.51m

3.45-4.51m

Yes

First

3.47-4.37m

3.47-4.51m

Yes

Loft

4.7-6.0m

6.0m

Yes

Rear Setback (West)

Av. 6m

No part of the building is to be closer than 4.5m

6.8m

6.8m

No change

Yes

Yes

Wall Articulation

Max.10m unarticulated wall length to step of minimum 3m

8m

No Change

Yes

Fences

1.2m solid

1.8m 50% transparent

Beach St up to 4.1m solid

Clovelly Rd 600-1.3m solid

No Change

No

 

Yes

Separation b/w windows of habitable rooms

<10m then angled/ offset or sill level of 1.6m (+) for privacy

See discussion section 8.1

See discussion section 10.6

Yes, conditioned to comply

Private Open Space

8m2 Min. dimension of 2m

15m2

2m(+)

No Change

Yes

Yes

NatHERS Rating

75% of units 3.5stars

All must be 3 stars or more

All 3.5 stars

No Change

Yes

Parking

3 or more b/r

1.5 spaces per dwelling (4.5)

6

6

Yes

Visitor Parking

1 space per 4 dwellings (0.75)

1

0

No

Total

6 spaces

7

6

Yes

Driveway Width

Min. 3m

1m from side/ rear fence

3.5m

1.5m

No Change

Yes

Yes

Driveway Gradient

1:16-1:8

1:6

No Change

No

Solar Access

3hrs 9am-3pm midwinter

3hrs (+)

No Change

Yes

Accessible Dwellings

No requirement if <15 dwellings proposed

N/A

N/A

N/A

Storage

10m2 min. height 2.1m each dwelling

3.6m2 (+) in basement plus double garage to each dwelling

Additional area provided in basement

Yes

 

Discussion of compliance with the requirements of the Multi Unit Housing DCP is included in section 10 of this report.

 

9.    SECTION 96 AMENDMENT

 

a.           Substantially the same

The proposed modifications relate to detailed planning and design and conditions of consent and will result in a development that is substantially the same as that currently approved. The proposed modifications may be considered under section 96 of the Environmental Planning and Assessment Act.

 

b.           Consideration of submissions

 

Submissions have been discussed in detail under section 5.1 above.

 

10.  ENVIRONMENTAL ASSESSMENT

 

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

 

10.1     Height

 

As indicated in Section 8, no change is proposed to the external wall height or overall height of the development as a result of the proposed modifications.

 

10.2     Density

 

As discussed in Section 8, the gross floor area of the development is reduced as a result of the changes to the definition of gross floor area under RLEP98 since the original application was approved. Despite this technical reduction, the increased internal floor area proposed to the development will not increase impacts to adjoining properties and will not result in an increased number of dwellings or change to the number of bedrooms within the proposal which would result in an increased density on the site.

 

The proposed modifications are satisfactory with regard to density.

 

10.3     Streetscape Appearance

 

The proposed modifications to rationalise the articulation of the building by providing more rectilinear balcony areas and greater articulation by forming single storey entry porticos to highlight the pedestrian entry to each dwelling from Clovelly Road will enhance the appearance of the building from the street. The use of more horizontal fenestration patterns to the northern elevation adds variety to this façade and will provide a higher quality finish than the standard treatments previously proposed. The improved fenestration pattern will give the development a more contemporary appearance.

 

The proposed modifications are satisfactory with regard to streetscape.

 

10.4     Building Setbacks

 

The building setbacks will generally remain as per the existing approval. To the northern side, portions of the building will be closer to the street alignment, however the general setback of this elevation will be 2.5 metres and approximates that of the adjoining property to the west which is setback 3.2 metres. There will be no change to the predominant building line of the proposal to Beach Street.

 

To the southern side, an additional area of approximately 1.6m2 will be constructed closer to the southern boundary in line with the minimum setback of this elevation, being 3.5 metres. This complies with the preferred solution for minimum setbacks under the Multi-Unit Housing DCP. This small change to the approved setbacks will not result in a change to the average setback as approved, which complies with the preferred solution of 4 metres. The adjustment to the wall will not result in additional visual bulk and scale impacts as the articulation of the building will remain as per the existing approval with three bays of similar length and depth indenting this facade. The additional wall surface will not affect the projection of shadow from the building and will not result in additional visual privacy impacts.

 

The rear setback of the building will not change as a result of the proposed modifications.

 

The development is satisfactory with regard to setbacks.

 

10.5     Landscaping and Private Open Space

 

The modifications proposed do not alter the compliance of the existing approval with Council’s landscaping standard. However, a new landscape plan has been submitted which indicates reduced planter boxes to the southern boundary and a reduction in the variety of plant species provided along this edge. The changes also result in the removal of screening from the clothes drying areas to each of the dwellings on the southern side. Clotheslines are required to be screened from view and incorporated into the overall landscape strategy for the site. The previous landscape plan achieved this.

 

Due to the deficiencies of the landscape plan, approval is not granted to the landscaping modifications proposed and landscaping is to be in accordance with the previously approved landscape plan and conditions of consent.

 

The proposed modifications to the landscaping include a planter bed to the southern side of the driveway entry, this is a positive change which will improve the appearance of the carparking and a condition requiring incorporation of planting to the driveway has been included in the consent (see Condition 115).

 

10.6     Privacy

 

Balconies and windows have been oriented to the northern and eastern aspects (looking to Clovelly Road and Beach Street, rather than to residential properties to the south and west wherever possible.

 

Window changes are proposed to the southern and western elevations which may impact adjoining residences to the south and west. The existing approval provides for three south facing bedroom windows at first floor level. The modifications will retain these windows (with some changes to the location and type of windows provided) and changes to the internal layout will result in corner windows which previously serviced bathrooms servicing the bedroom areas. Although the number of primary windows to bedrooms will not change, the location of the bedroom window to Townhouse 3 will move further west on the elevation and as a result will provide greater opportunities for outlook to the rear yard of 22 Beach Street. Condition 114 has been imposed to ensure that the primary window and south facing panel of the corner window to this bedroom are provided with privacy treatments to ensure overlooking does not occur. Due to the proximity of 22 Beach Street to the common boundary the first floor windows will have outlook onto the large, pitched roof form of the adjoining dwelling and not the external walls and windows of this property. Therefore, the remaining window changes to the southern elevation at first floor level will not result in visual privacy impacts. Likewise, the roof of 22 Beach Street precludes overlooking to the rear yard of this property from bedrooms to the eastern end of the development.

 

Two new windows are provided to the western elevation at first and attic level. These windows will not result in significant visual privacy impacts to the adjoining residential flat building to the west (292 Clovelly Road) as both windows service the stairs of this dwelling. A separation distance of 9.5 metres exists between the elevations of the two buildings which is adequate separation between the dwellings. The large first floor window has a screen of aluminium louvres provided which will also assist in screening the view from this window.

 

Plantings of trees with mature heights of 3-18 metres are proposed to the southern and western (side and rear boundaries) to provide screening and acoustic softening between the ground floor private open space of the development and that of adjoining sites.

 

The proposed modifications, subject to compliance with conditions of consent are satisfactory with regard to Council’s performance requirements and preferred solutions for visual and acoustic privacy.

 

10.7       Solar Access and Energy Efficiency

 

There will be no change to the level of solar access provided to adjoining properties as no changes are proposed to the overall height, wall height and the extent of the building footprint to the east and west will not significantly change as a result of the proposal.

 

The extension of internal living areas to the north of the development will improve the solar access to dwellings within the development and will improve the energy efficiency of the development as a whole.

 

The proposed modifications maintain existing compliance with the preferred solutions for solar access and will improve the solar access to the dwellings within the development. The proposed modifications are satisfactory with regard to solar access.

 

10.8     Parking

 

The proposed modifications include removal of the visitor parking space required under the DCP – Parking. The applicant has stated that the provision of a visitor space detracts from the security of the basement, however standard conditions were applied to the original approval to manage the access to the basement to ensure security and safety whilst allowing access to the visitor space. If required, the security gate to the basement could be moved back and the visitor space could be located outside the secured basement area.

 

Development in the vicinity of the site is comprised of medium density residential development (some of which was constructed prior to current controls) and small scale commercial uses. Further increases in density in the surrounding area can be expected as surrounding sites are redeveloped consistent with the 2(b) zoning of the area. It is considered unreasonable to delete the requirement to provide visitor parking to the development as it can be accommodated on the site and will assist in reducing the demand for off street parking in the locality. The proposed removal of the visitor parking space is not supported.

 

11.  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12.  CONCLUSION

 

It is considered that the proposed modifications to the floor area, internal layout and articulation and streetscape presentation of the development are satisfactory. The modification does not result in any addition to the maximum height of the development or decrease in landscaping and the development as modified will be substantially the same as the approved scheme.

 

The loss of a required visitor parking space on the site is not supported as it is likely to increase the demand for off street parking in the vicinity of the site, likewise the changes proposed to the landscape scheme for the site are not supported as they will result in less screening to service areas and less overall variety in the landscaping provided to the site.

 

The Manager, Environmental Health and Building has advised Condition 51 can be deleted.

 

As such the application is recommended for approval (with the exception of basement and landscaping changes) subject to imposition of conditions of consent.

 

RECOMMENDATION:

 

THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 91/2003 on property 20 Beach Street, Coogee in the following manner:

 

·      Amend Condition No. 1 to read:

 

1.   The development must be implemented substantially in accordance with the plans drawn by Arttech and numbered 1C of Job Number 0262, stamped received by Council on 30 April, 2003 and drawings numbered 2B –5B of Job Number 0262, three sets of which are stamped received by Council on 27 March 2003 and one set stamped received on 11 April, 2003 and Revision A of landscape plan numbered LSK01 and LSK02 by Greenplan, dated 2/09/02 in the amendments box, the application form and on any supporting information received with the application, except as may be amended by the Section 96 plans drawn by Arttech Design, Issue C of the plans numbered Job Number 0262 and sheet number 1C to 5C dated 30.09.05 all stamped received by Council on 27/10/2005, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

·      Add the following conditions:

 

114.     The sill height of the south facing windows to Bedroom 2 of Townhouse 3 are to be increased to be a minimum height of 1.7m above floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.7m above floor level. Details are to be provided with the Construction Certificate application.

 

115.     Soft landscaping is to be provided to the 1.5 metre wide setback at the southern edge of the driveway entry from Beach Street. This condition is imposed to soften the appearance of the development from the street and details are to be provided with the Construction Certificate application.

 

116.     Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1,800mm*, measured from the lowest side of the boundary at each point along the fence, to maintain reasonable levels of amenity to the adjoining premises.

 

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

 

117.     Six (6) residential parking spaces and one (1) visitor space are to be provided in the basement in accordance with approved plan 2B drawn by Arttech Design dated 26/03/03 and stamped received by Council on 11 April 2003.

 

·      Delete Condition 51

 

ATTACHMENT/S:

 

A4 Reductions

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

10 January, 2006

FILE NO:

DA/529/2005

 

PROPOSAL:

 Alterations, additions and internal fitout of the existing hotel, including refurbishment of part of the ground floor of the hotel, and the conversion of the existing accommodation on the first floor to a number of entertainment rooms with an associated bar area, a new outdoor area and minor works to the second floor and stairs.

PROPERTY:

 147 Avoca Street, Randwick

WARD:

 East Ward

APPLICANT:

 Mr S C Cornish

OWNER:

 Argos Investments Pty Ltd

 

 

 

 

 

 

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 site is located on the corner of Avoca Street and Alison Road and contains a three storey building which is used as a hotel, known as the ‘Coach and Horses’ Hotel (the Hotel). The intersection of Alison Road and Avoca Street is a busy pedestrian and vehicular thoroughfare and contains a variety of commercial premises. The area consists primarily of commercial uses to the west of Avoca Street and along Alison Road and residential uses to the east of Avoca Street beyond the commercial buildings.

 

The proposed development involves alterations, additions and internal fitout of the existing hotel building including refurbishment of part of the ground floor of the hotel, the conversion of the existing 13 rental rooms on the first floor to a number of entertainment rooms (i.e. pool tables) with an associated bar area, a new outdoor area and minor internal works to the second floor and stairs. The existing hours of operation remain unchanged.

 

The proposed development has been notified and advertised in accordance with Council’s Development Control Plan for Public Notification and 38 objections were received including one individual letter and three (3) pro-forma letters signed by a total of 37 people. The objections were concerned mainly with intensification of usage, noise, parking & traffic issues, anti-social behaviour and devaluation of adjoining and nearby properties.

 

The site is zoned 3A General Business and the Hotel is listed as a heritage item under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.

 

It should be noted that an appeal with the Land and Environment Court (Vinson v Randwick City Council) in relation to Council’s refusal of Development Application No. 715/2003 for the use of public bar for a place of public entertainment from 6pm to midnight on Thursday to Sunday was considered by the Court in 2004. The appeal was dismissed by the Court as the Commissioner was not able to determine the effectiveness of the security patrolling regime required by the conditions imposed by the Licensing Court as the required security personnel numbers and the operational regime for those security personnel were not implemented by the applicant. The issues raised in the appeal are relevant to the subject application and similar approach has been adopted in the assessment of the subject application.

 

The proposed development has the potential to adversely impact on the amenity of residents in the area. However the impact may be ameliorated to an acceptable level with the inclusion of appropriate acoustic attenuation measures and conditions restricting the use, hours of operation, numbers of patrons and a comprehensive Plan of Management to ensure compliance with the relevant conditions of approval.

 

It is also recommended that the use of the outdoor area should be limited for a trial period of 12 months to allow for a review of its operation and determine whether the residential amenity of the area will be adversely affected by the proposed development.

 

Under these circumstances, the proposal is considered to be acceptable with regard to relevant town planning and environmental issues. It is therefore recommended that the application should be approved subject to condition.

 

2.    THE PROPOSAL

 

The application seeks consent to carry out alterations and additions to the existing hotel. In detail, the proposal involves the following:

 

2.1       Alterations and additions

 

Basement Level

 

§  No works proposed.

 

Ground Floor

 

§  Demolition of internal walls.

§  Relocation of the existing gaming lounge to the existing games area, adjacent to the bar lounge.

§  Creation of new lounge area adjacent to the bistro area.

§  New lift to the first floor level.

§  Demolition of the existing staircase and erection of a new stairway to Level 1.

 

Level 1

 

§  Demolition of internal walls.

§  Removal of the 13 room accommodation element of the hotel and reconfiguring the area to 4 x separate rooms (snooker/pool tables) with dedicated seating area.

§  Erection of a bar area.

§  Erection of new male and female amenities.

§  New stair to Level 2.

§  New lift to the ground floor.

§  Construction of a new outdoor area for smoking and drinking with the provision of acoustic absorption walls on three sides of the outdoor area.

§  Installation of 3 x new air conditioning units and relocation of an existing air conditioning unit on the roof of the ground floor.

 

Level 2

 

§  New office area adjacent to the Manager’s flat.

§  New stair to Level 1.

 

 

 

2.2       Hours of Operation

 

The existing hours of operation will remain unchanged.

 

2.3       Number of additional staff

 

The proposed development will require 2 additional staff at any time during the Hotel’s busiest trading periods on Thursday to Sunday nights. The proposal also creates 8 part time positions working up to 20 hours a week each.

 

2.4       Car Parking

 

No on-site car parking spaces are proposed as part of the subject application.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the south-eastern side of the intersection of Alison Road and Avoca Street, Randwick. The site contains a three storey building known as the ‘Coach and Horses Hotel’ (the Hotel) that occupies the whole site and is identified as an item of local heritage significance under the Randwick Local Environmental Plan 1998. The ground floor of the Hotel contains bar lounge areas, a gaming lounge, games area, bistro area, kitchen with store rooms, bottle shop and male & femail amenities. The first floor contains 13 rooms, a coffee area and male & female amenities and is currently used for residential accommodation. The second floor contains three bedrooms, separate living and dining rooms, a kitchen, an office, a laundry and a bathroom and is currently used solely by the Manager of the Hotel. The site is a regular rectangular shaped allotment with a 39m frontage to Alison Road and an 18m frontage to Avoca Street and an area of 774.3 sqm. The site contains no parking and no vehicular access is available to the site.

 

Adjacent development to the south along Avoca Street is a two storey building containing three commercial tenancies (i.e. restaurants) at ground level and residential accommodation on floor above. Further south of this is a mixed use residential and commercial development currently under construction. Adjacent development to the east of the site along Alison Road is a three storey residential flat building and residential development generally continues along Alison Road to the east. Across Avoca Street to the north of the site is a three storey corner building that contains a laundromat and takeaway food outlet on the ground floor fronting Avoca Street and the rest of the building is residential – a large portion of which faces the hotel from across Avoca Street. Development across Avoca Street to the west is primarily commercial uses contained in three storey buildings including a chemist, bookstore and restaurants. The former post office (two storeys) and a Telstra building are located on the opposite north-western corner of the intersection.

 

The surrounding area contains a mix of commercial and residential uses. 

 

   

 

Subject site showing adjacent residential development (left) and commercial development (right)

 

    

 

Adjacent 3 storey RFB to the east on Alison Road and 3 storey commercial development opposite on Avoca Street.

 

 

 

Three storey commercial and residential development opposite along Alison Road

 

 

 

 

 

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A mediation session was held on 11 November 2005, between the objectors, the applicant and the owners of the Hotel.  At this meeting, the following agreements were reached:

 

§ The applicant would email a copy of the plan of management to residents – a number of residents accepted the offer.

§ The parties agreed that a regular meeting on current and future operational issues would be of value. The applicant agreed to set up a 5/6 week meeting for residents to discuss the security log and other operational issues. The minutes of the meeting to be sent to Council for review.

§ The applicant agreed that if the DA is approved they will maintain the same level of performance in managing anti-social behaviour as is currently undertaken.

§ Residents requested the opportunity to identify different criteria for measurement to assist in meeting the communities’ needs for acceptable behaviour.

§ The applicant provided a 24 hour call number for complaints to be captured in the security log.

§ Applicant agreed to provide a more proactive response to residents concerns.

§ Residents were informed of the area the security patrols supervised and the types of activities undertaken, which was well received.

 

b.    HISTORY OF SITE USAGE

 

The site has a long history of use as a hotel and many applications apply to the site for various alterations and changes.

 

Development Application No. 715/2003 for the use of public bar for a place of public entertainment from 6:00pm to midnight, Thursday to Sunday was considered at Council’s Health, Building & Planning Committee meeting on 12 October 2004 when Council resolved to refuse the DA. The applicant appeal to the Land and Environment Court and the appeal were dismissed by the Court on 6 April 2005. 

 

The Hotel is the subject of Hotelier’s Licence No. 101341, pursuant to the Liquor Act 1982. The permitted trading hours under the current liquor licence are as follows:

 

Monday – Saturday           5:00am to 5.00am the following day

Sunday                              10.00am to 12 midnight      

 

The current trading hours of the Hotel are as follows:

 

Monday – Wednesday      10:00am to 3:00am the following day

Thursday – Friday 10:00am to 8:00am the following day

Saturday                            9:00am to 5:00am the following day

Sunday                              10:00am to midnight

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

5.1.1    A pro-forma letter of objection was submitted to Council raising the following issues:

 

§ The proposed development proposes a significant intensification of usage – an increase of 51% in total capacity – and is similar in scale to the previous Development Application No. 715/2003.

§ Increased late night anti-social behaviour.

§ Increased parking problem.

§ Reject the proposed first floor terrace completely or redesign it to be totally enclosed by walls on all sides (i.e. making an enclosed courtyard terrace with acoustically insulated walls rather than a courtyard that is open)

§ Noise abatement depends totally on hotel management.

§ The acoustic survey underestimates the level of noise that will be experienced by future residents and is inconsistent with existing development approvals already granted by Council.

 

The letter was signed by the following residents:

 

John Delich, 2/12 Victoria Street, Randwick

Nevio Margon, 5/1 Albert Street, Randwick

Steve Davies & R Richordich, 3 Victoria Street, Randwick

E F White, 8 Victoria Street, Randwick

Fay Stove, 4 George Street, Randwick

T Jacobs, 2/4 Victoria Street, Randwick

E Green, 4 Llanfoy Street, Randwick

S Smith, 3/15 Victoria Street, Randwick

A Linklater, 2 Llanfoy Street, Randwick

Marie Kent, 3/1 Albert Street, Randwick

Allan McFadden & Dianna McFadden, 10 Victoria Street, Randwick

Stan Fry, 5/12 Victoria Street, Randwick

E M Kitching, 9/12 Victoria Street, Randwick

F & HG Grunseit, 1/6 Victoria Street, Randwick

L M Austin, 2/1 Albert Street, Randwick

J D Green, 4/6 Victoria Street, Randwick

M & J Dawies, 5/6 Victoria Street, Randwick

Paula Grunseit, 8/6 Victoria Street, Randwick

Sam Nicholopoulos, 7/6 Victoria Street, Randwick

Michael Carr, 3/6 Victoria Street, Randwick

Colin Lucre, 8 George Street, Randwick

Peter Lan & Pak-Chen Yeoh, 2/6 Victoria Street, Randwick

Andrea Schnaufer, 9/6 Victoria Street, Randwick

 

5.1.2    A pro-forma letter of objection was submitted to Council raising the following issues:

 

§ Noise and smoke interference.

§ Increase of anti-social behaviour.

§ Lack of available parking spaces.

§ Validity and accuracy of patron survey.

 

The letter was signed by the residents and owners of 205 Alison Road listed below:

 

Annie Lai, 4/205 Alison Rd, Randwick

Karin Banna, 5/205 Alison Rd, Randwick

Louise Cummins, 3/205 Alison Rd, Randwick

 

5.1.3    A pro-forma letter of objection was submitted to Council raising the following issues:

 

§ There are already too many late night and early morning disturbances of the peace from noisy patrons of the Coach and Horses Hotel.

§ The proposed new entertainment rooms and bar will increase the noise.

§ The proposed development will have an adverse effect on the value of adjoining properties.

§ The proposed new outdoor area is opposite a number of living rooms.

 

The letter was signed by 11 people. No names are included due to difficulty identifying the signatures.

 

5.1.4    Anne Watson, 6/208 Alison Road, Randwick

 

The following issues were raised by the above resident:

 

§ The floor area available for public use within the hotel will increase by 51% and this will have to result in an increase in patronage through attracting a wider clientele.

§ The proposed outdoor area may generate unacceptable noise in the area.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Heritage Planner

 

The subject site is occupied by the Coach and Horses Hotel, listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet for the building describes it as “a building of considerable historical interest.  …  Lesser architectural interest but makes a major streetscape contribution at this historic crossroads site.”  The Inventory Sheet notes that the site was originally occupied by a smaller two storey building which has been either rebuilt or extensively added to.  The site is also within the Randwick Junction Conservation Area.  There are a number of heritage items in the vicinity of the site including each of the buildings on the other three corners of Avoca Street and Alison Road

 

Clause 43(2) of Randwick LEP 1998 requires Council to take into consideration the extent to which the proposal would affect the heritage significance of the item or heritage conservation area.  Similarly Clause 44A(2) of Randwick LEP Amendment No.39 requires Council to be satisfied that the features of the proposed development will be compatible with the heritage significance of the heritage item or heritage conservation area.

 

The application proposes alterations at ground, first and second floor levels.  At ground floor level it is proposed to reconfigure existing lounge and gaming areas.  At first floor level it is proposed to remove a number of existing internal walls to convert accommodation rooms into games areas.  A new outdoor area is also proposed between the building and the southern boundary of the site, set back from the Avoca Street frontage.  It is proposed to remove the existing stair adjacent to the Alison Road frontage and to provide separate new stairs between the second floor and the first floor, and between the first floor and the ground floor.

 

The application has been accompanied by a Heritage Impact Statement prepared by City Plan Services.  The HIA notes that the remodelling which occurred in the 1890s included the addition of the second floor level, changes to external detailing, and interior refurbishment including new joinery, stairs and pressed metal ceiling.  The HIA notes that a section of sandstone masonry (painted over) on the south elevation at first floor level is the only visible remnant of the earlier building.  The Statement of Significance for the building notes that it was one of the first two hotels built in Randwick, both in the 1850s at which time the settlement was beginning to develop, and was the location of the first Randwick to Sydney horse drawn omnibus in the late 1850s.  The site is also likely to have archaeological potential.

 

In relation to proposed works at ground floor level, it is noted that the ground floor has undergone considerable change to provide the current open configuration.  Remnants of original and early walls remain, providing some evidence of the previous layout although little original detail remains.  There are no heritage objections to the proposed removal of existing partition walls or to the provision of new walls, or to the proposed lift within the body of the building.

 

In relation to works at first floor level, it is noted that the first floor has undergone considerable change, and that the walls enclosing the rooms are not original and that little original detail remains.  The french doors which provide access to the roof level are early and the HIA suggests that door panels may have been reused from the original hotel.  There are no heritage objections to the proposed removal of existing partition walls to provide more open games areas.  The proposed outdoor area will occupy the existing roof area, currently occupied by drying areas and plant.  Changes to existing openings generally affect openings which have already been modified.  The existing french doors towards the southern end of the large games area are to be retained.  As no subsurface excavation is proposed, an excavation permit is unlikely t be required, however the HIA recommends that any early fabric exposed as a result of changes to the southern wall be diagrammatically and photographically recorded.

In relation to works at second floor level, it is noted that the original configuration of rooms is largely original, with a large amount of original detail remaining including pressed metal ceilings and woodwork.  The stairway adjacent to the Alison Road frontage provides access between all floors of the building.  It appears to date from the 1890 alterations and includes good timber detailing and pressed metal soffits to underside of landings.  Works at second floor level will be minimal, consisting only of reversal of the existing configuration of stair and office.  The HIA argues that the existing stair which is to be removed is an isolated element, and is not a rare or outstanding example of its type, and recommends a photographic recording be made prior to removal.  It is noted that the provision of a new stair is necessary for the continuing operation of the hotel.

 

The following conditions should be included in any consent:

 

§ Both sets of existing French doors at the southern end of the large games area at first floor level are to be retained in situ.  The south facing doors are to be retained to provide access to the proposed outdoor area, while the east facing doors are to be retained but blocked to prevent access.

 

§ An archival recording of surviving early fabric which is to be removed or altered shall be prepared and submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Such archival recording should focus on south elevation at first floor level and ground floor level walls below, as well as any other early fabric, such as walls, exposed during the carrying out of the works.  This recording shall be in accordance with the Guidelines for the preparation of archival recordings set out by the NSW Heritage Office.  Three copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.

 

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

 

§ In the unlikely event that historical archaeological remains or deposits are exposed during the works, all work should cease while an evaluation of their potent extent and significance is undertaken and the NSW Heritage Office notified under the requirements of the Heritage Act.”

 

6.2       Development Engineer

 

An application has been received for alterations and additions to the existing three storey ‘Coach and Horses’ Hotel at the above site. The proposed works include the refurbishment of part of the ground floor, the conversion of hotel accommodation on the first floor to a number of entertainment rooms with an associated bar area and a new outdoor area.

 

Landscape Comments

 

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

Traffic/Parking Comments

 

The following comments are provided by the Development Engineer as an initial guide to some of the issues arising from the proposed works:

 

§  The hotel currently has no off-street parking provisions.

 

§  The submitted traffic report indicates that 13 hotel accommodation rooms are to be converted to approximately 239m2 of public floor area and that the proposed alterations and additions will result in a net increase of 226m2 of public floor area.

 

§  Adopting the parking generation rates given in Council’s DCP for Parking, the existing 13 hotel rooms would require only 7 parking spaces (1 space per 2 bedroom), whilst 226m2 of public floor area would generate 38 parking spaces (1 space per 6m2 of public floor area). Consequently, according to the rates given in Council’s DCP for parking the proposed alterations and additions would result in an additional parking shortfall of 31 spaces.

 

§  Rather than adopting the parking rates contained in Council’s DCP for parking, the submitted Traffic and Parking Assessment uses a patron survey to determine the projected parking rates from the additional public floor area. However, the report still uses the DCP rates for determining the existing parking demands for the hotel rooms, stating that ‘even if the parking demands generated by the hotel bedrooms is somewhat less than Council’s Parking Code requirement, it follows that the additional parking demand potential of the expanded hotel will be less than the estimate set out in the foregoing because the parking demand potential of the hotel rooms is eliminated by the expansion proposal.’

 

It is suggested that if a parking survey is used to determine projected parking rates for the public floor areas, then the survey should also be used to determine the parking rates for the hotel rooms. It is acknowledged that parking rates for the hotel may be lower than the rates given in the DCP (particularly when it is noted that there is currently no off-street parking provided), however, it also follows that the parking rates for the existing hotel rooms are likely to be lower than the DCP rates.  Adoption of the parking survey rates for the public floor areas and the DCP rates for the ‘potential hotel room parking demand’ appear to bias the parking demands to favour the development proposal.

 

§               Notwithstanding the above comments, the applicant’s traffic consultant does

 

§               on to state: ‘The outstanding issue is whether the additional parking demand potential of the expanded hotel can be accommodated on-street in the vicinity of the hotel’. The development engineer does not support the use of on-street parking to provide for private businesses. At a minimum, S94 contributions should be provided for any additional on-street parking spaces that may be occupied through the ‘additional parking demand potential of the expanded hotel’.

 

Civil Works Comments

 

The Development Engineer has included a condition in this report for the applicant to meet the full cost for Council or a Council approved contractor to reconstruct a section of the existing footpath in Alison Road in Regupol rubber paving (or similar), opposite the keg delivery entrance to the site. This has been conditioned to prevent continual damage occurring to council’s footpath due to the regular delivery of kegs to the premises.

 

Comments:

 

The applicant was advised to address the above issues and subsequently additional information including a survey of parking demand characteristics of tenants of the 13 rental bedrooms on the first floor level of the Hotel was submitted to Council on 23 September 2005 and 24 October 2005. The additional information has been referred to Council’s Development Engineer for comments and the following comments are provided:

 

“Further to our previous memo dated 28 July 2005, the applicant has submitted a supplementary traffic/parking study dated 24 October 2004.

 

The following comments are provided by the Development Engineer:

 

The supplementary information indicates that the existing hotel rooms do not currently generate any parking demand. Consequently, according to the applicants’ traffic consultant, the proposal to convert the existing hotel rooms to entertainment rooms will result in a peak additional parking demand potential of up to 7 spaces (Friday night).

 

As per our previous memo it is noted that the existing hotel does not provide any off-street parking provisions. Consequently, the hotel is already utilising on-street parking to meet existing demands and any additional demands will further burden the on-street parking supply.

 

The Development Engineer does not support on-street parking being utilised to support private businesses.  Should consideration be given to approving the hotel expansion, it is recommended that, at a minimum, S94 contributions be provided for any additional on-street parking spaces that may be occupied through the ‘additional parking demand potential of the expanded hotel’.

 

The other comments and conditions contained in our previous memo dated 28 July 2005 remain unchanged.”

 

Comments:

 

The issues relating to car parking have been addressed in Section 8.1.3 of this report.

 

6.3       Maroubra Licensing Police

 

The proposal was referred to the Maroubra Police for comment. The Maroubra Police have concerns regarding the noise generated from the proposed outdoor area that could disturb the ‘quiet and good order of the neighbourhood’ and requested that stringent noise restrictions and barriers be applied as part of any approval. There are further concerns regarding the availability of off street parking as a result of the approval of the subject application. Police have no objections to the internal alterations and additions to the existing hotel.

 

Comment:

 

The issues raised by the Police have been addressed in Section 8 of this report.

 

6.4       Manager of Environmental Health and Building Services

 

6.4.1    Building Services Comments

 

“Building Services comments

 

The Proposal

 

The proposal provides for major internal alterations to rearrange the ground floor lounge and gaming areas, convert the existing 1st floor place of shared accommodation to bar areas and provide an outdoor seating area sited onto the southern boundary at 1st floor level. The existing staircase connecting 3 levels will be removed and the stairwell area at 2nd floor level converted to an office in the existing residence.

 

BCA Building Classification

 

Class        -           6          (Bar areas)

Class        -           4          (Residential unit)

 

Background

 

The existing building on site is a pre war brick hotel bounded by shops and residences.

 

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 appears to 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 ground and 1st floor level bars 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 will be included to confirm these requirements and 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.”

 

6.4.2    Environmental Health Comments

 

“Proposal

 

The proposal seeks to alter the existing ground floor hotel .On level 1 the applicant proposes the creation of 4  separate entertainment rooms, erection of a bar area, construction of new toilet facilities and the conversion of the existing outdoor area into a drinking area. The proposal also includes a new office area with manager’s flat.

 

Noise

 

Noise is considered an issue and an acoustic report has been submitted by The Acoustic Group dated 17 June 2005 supporting the proposal. The report has established design goal criteria in relation to the premises. It was considered that the proposal including but not limited to the outdoor drinking area on the first floor may adversely affect the amenity of the area as such additional information was requested in relation to the proposal by directly contacting the acoustic consultant by email on the 13 and 18th of July 2005.

 

The information requested related to details about windows that were fixed on the proposed first floor entertainment room areas.

 

A site inspection on the 18th July 2005 revealed that the neighbouring building had a residential component on the first floor. As this was adjacent to the proposed outdoor drinking area further information was requested from the acoustic consultant on the selection of the most sensitive residential receiver in noise predictions and associated reports.

 

Additional information was received by Council on the 4th November 2005 in relation to mechanical plant upgrade from acoustic consultants the Acoustic Group in report dated 4th October 2005.

 

The information was assessed by the Environmental Health Section with further advice sought in memo dated 15th November 2005, on operating times of mechanical plant and clarification of previous requests upon the acoustic consultant to nominate that the nearest residential receiver at 149 Avoca Street Randwick has been considered in their assessment of the proposal.

 

The additional information requested was received via email on the 22nd of November 2005 with an updated report titled “Acoustic Assessment - Proposed Refurbishment Coach & Horses Hotel, Randwick”.

 

This report resolves previous requests for information from Council addressing the following items:

 

·    Windows on the first floor refurbishment are to be fixed, except bathroom windows. Acoustic advice confirms window openings proposed have formed part of the acoustic assessment and will not cause an adverse acoustic impact;

·    Council and Department of Environment Conservation criteria for mechanical plant requires positive noise control measures. Further analysis is proposed once nominated plant is selected, however design criteria has been established and is included in this report as an appropriate condition;

·    Confirmation that neighbouring residential premises have been included in acoustic assessment dated 26th August 2005 with detailed information provided on points of potential noise intrusion and existing noise shielding. Appendix A of acoustic report dated 26th August 2005 includes details of assessment locations nominated as 2,3/B and C which address previous concerns raised by Council officers.

 

The applicant was also requested to provide patron management procedures have been requested to be provided to minimise the impact of the proposal including the proposed outdoor drinking area in this report.

 

The Plan of Management submitted with respect to controlling patrons has addressed issues with respect to management and control of patrons with the hotel establishment. However there are references in the plan of management to “ entertainment “ where no current approval exists for the provision of entertainment on the premises. As such the Plan of Management will be required to be resubmitted addressing this anomaly.

 

The proposed outdoor area as detailed in the statement of environmental effects in section 3 is for ‘smoking clientele’. The proposed intention for the area is to allow persons smoke without disturbing other patrons and ensure compliance with Department of Health smoking restrictions while also drinking. The proposal indicates 80 persons will be allowed onto the area. The seating plan of the proposal indicates seating provided for 60 persons. Given the disparity between the proposed numbers of persons permitted on the area, it is considered that 60 persons is the more appropriate figure provided compliance with Building Code of Australia Provisions is able to be attained.    

 

Appropriate conditions have been included in this report with respect to the proposal. It should be noted that the finalised conditions are based on the acoustic reports prepared by the Acoustic Group dated 26th August 2005 and 4th October 2005 as well as confirmation by the City Plan Services and the Acoustic consultant that the first floor windows (excluding bathroom windows) will remain fixed/closed.

 

Complaints/History

 

A search of Council’s complaints system, disclosed that 6 complaints have been received by Council during of 2000 to 2004, in respect to noise from the premises.

 

These complaints generally relate to excessive music noise and disturbances from the patrons when leaving the premises. There are no current customer service requests relating to complaints about the operation of the premises current. However, the premises have been subject to Land & Environment Court proceedings in 2005 in response to provision of entertainment at the premises. Currently no approval exists for the provision of entertainment.

 

It should be noted there currently exists no outdoor areas for patrons.

 

Hours of Operation

 

There are no proposed changes to the operating hours. It is proposed to close the outdoor area at 12 am Midnight, with an appropriate closing procedure detailed in the Plan of Management. The proposed closing time of the outdoor area is considered appropriate and a condition requiring the outdoor drinking area to be closed at 12 midnight daily has been included in this report. The closing time proposed is considered reasonable given the proposal has included recommended acoustic attenuation measures for the area and mechanical plant. Also, the area in question is to be utilised for smoking patrons and should be available when the premises are trading. The Acoustic reports have also indicated that at the times proposed compliance with required criteria will be able to be met.

 

Trial Period

 

Due to the neighbouring residential use and liquor licensing requirements in relation to the use and operation of the  premises, it is considered that a trial period of twelve (12) months should be attached to the consent in relation to the use of the outdoor area should the application be approved. A trial period would allow for an operational assessment to be made by Council to ensure that the existing amenity and quiet order of the neighbourhood is not compromised. It is considered the potential disturbance of the neighbourhood amenity by patrons can best be assessed as being adequate during an operational phase of the Hotel and in particular the outdoor area, as such a trial period is considered appropriate with respect to the use of the outdoor area.

           

An appropriate condition has been included in this report.

 

Plan of Management

 

A revised plan of management has been received by The Environmental Health Section on the 16th December 2005 and has been considered with appropriate conditions included in this report which include the requirement of an amendment reflective of the conditions contained in this report (removal of the word entertainment from the plan).

 

An appropriate condition has been included in this report.”

 

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 – Parking

§ Development Control Plan – Randwick Junction

§ Section 94 Contributions Plan

§ Building Code of Australia

 

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       Statutory Controls – S79C(1)(a)

 

8.1.1    Randwick Local Environmental Plan 1998

 

The site is zoned 3A General Business and the Hotel is listed as a heritage item under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:

 

Clause 13 – Zone No 3A, General Business Zone

 

The objectives of the zone are as follows:

 

§ To maintain the viability of existing business centres.

 

 

 

Comment:

 

The proposed development would not impact upon the viability of the business centre. The proposal is for the alteration to an existing hotel use and is consistent with this clause.

 

§ To facilitate development of land, in places identified by the Council as suitable to be used as business centres, for commercial, retail, residential and community purposes

Comment:

 

The proposed use is for a commercial purpose and is consistent with the above objective.

 

§ To minimise the impact of development on adjoining and nearby residential zones.

 

Comment:

 

There is concern that the proposal may have an adverse impact on the amenity of the adjoining development such as noise, parking and anti-social behaviour associated with alcohol consumption and large gatherings of patrons. A plan of management and acoustic report have been submitted which addresses these matters. It is considered that strict conditions will need to be imposed to preserve amenity of adjoining and nearby residents and a trial period would be required to monitor and assess the impact of the proposed outdoor area.  This is assessed in greater detail in section 8.2 below.

 

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

 

Clause 43 of RLEP relates to heritage items and heritage conservation areas. The Hotel is listed as a heritage item under RLEP. A Heritage Impact Assessment has been prepared and lodged with the application which has been assessed by Council’s Heritage Planner. No objections were raised regarding the proposed development and the application is recommended for approval subject to conditions. 

 

8.1.2    Development Control Plan – Randwick Junction

 

The DCP applies to all land within the Randwick Junction Heritage Conservation Area and contains controls for site planning, building design, advertising and restaurant seating. The proposed development involves internal alterations and additions to the existing building with the creation of an outdoor area to be located behind the existing parapet wall fronting Avoca Street. There will be no external alteration to the existing building and hence the proposal will have no impact on the streetscape. Issues in relation to parking and noise have been addressed in the section below. In general, the proposed development is considered to be consistent with the relevant objectives and controls of the DCP.

 

 

 

 

 

8.1.3    Development Control Plan – Parking

 

The proposed development is subject to the following provisions:

 

Control

Requirement

Proposed

Compliance

Hotels

1 space per 6sqm bar, lounge, entertainment venues, restaurant, dining room, games rooms, auditoriums and disco etc.

(The proposal will result in a net increase of 226sqm of public floor area = 38 spaces)

Nil

No. See assessment below.

Plus 1 space per 3 employees

(2 additional staff = 1 space)

Plus 1 space per 2 bedrooms

(A credit of 7 spaces from the removal of the existing 13 rooms)

Plus 1 space per manager/caretaker, plus Coach/Taxi Drop off/Pick up point to be provided on site (Nil).

 

Total: Additional parking shortfall of 32 spaces.

 

As noted previously, the Hotel currently has no provisions of off-street parking and no additional car parking spaces are proposed as part of this development application. Under the numerical requirements of the DCP – Parking, the proposal will require 32 additional car spaces. Notwithstanding, the Road and Traffic Authority’s Guide for Traffic Generation Developments states that the preferred method of determining the number of car parking spaces required at a hotel is to draw comparisons with similar premises or be assessed on the merits. Therefore, the assessment of the traffic and parking implications associated with the proposed development has been based on the information submitted by the applicant’s traffic consultant.

 

The Traffic and Parking Assessment report submitted with the application calculates the additional parking demand based on patron accumulation and interview surveys to determine the modal split. The surveys were conducted from Thursday to Sunday 10 February to 13 February 2005 and the results are summarised as follows:

 

§ The peak patron accumulation of 237 persons was recorded around 8:00pm on the Saturday night surveyed.

§ The peak patron accumulation in the hotel on Thursday and Friday nights were in the order of 150 persons.

§ The peak accumulation during the Sunday survey was only 92 persons around 8:00pm.

§ Patron accumulations were generally lower later in the evening with accumulations generally in the range of 50-100 persons between 10:00pm – midnight.

§ A total of 293 hotel patrons responded to the interview survey conducted on each of the survey evenings found an average of 8.8% of hotel patrons driving a car to/from the hotel on weekday nights and an average of 4.5% on weekend nights.

 

In addition, the report was also based on the assumption that the existing peak patron level will be increased by approximately 35%. This assumption was made on the basis that the proposed pool rooms at first floor level will have a lower patron density than other parts of the Hotel such as bars, lounges, beer garden, and the proposed outdoor area will not be popular during cold or inclement weather.

 

The applicant has indicated that the additional parking demand potential of the proposal should be discounted by the parking demand potential of the existing 13 rental bedrooms on the first floor level of the Hotel. An additional survey was undertaken by the Applicant to identify the parking demand characteristics of tenants of the 13 rental rooms and concludes that none of the occupants owns a car and therefore the hotel rooms do not currently generate any parking demand. Consequently, according to applicant’s traffic and parking assessment and based on the above assumption and survey results (i.e. peak additional patron of 52 persons on Thursday and Friday nights and 83 persons on Saturday night, and an average of 8.8% of patron driving a car to/from the hotel on weekday and 4.5% on weekend nights), the proposal will generate an additional peak demand for 7 car spaces (including 1 space for 2 additional staff) during the Hotel’s busiest trading periods.

 

It is considered that the Traffic and Parking Assessment is based on sound methodology and provides an accurate assessment of the additional demand likely to be generated for car parking. As such, it is appropriate that a Section 94 contribution be levied for the 7 additional on-street parking spaces that are generated by the additional parking demand of the expanded hotel given that there is no opportunity to provide any car parking on the site.

 

8.2       Likely impact of the development – S79C(1)(b)

 

8.2.1    Noise and Amenity Impacts

 

The proposed development has the potential if not properly constructed and managed to generate noise which could disturb the amenity of the surrounding area. That noise could come from the premises or from patrons of the premises, generally, after they leave the premises. If not properly managed, patrons of the Hotel could engage in other form of anti-social behaviour in addition to making excessive noise after they leave the premises.

 

Insofar as noise from the proposed outdoor area and mechanical plant is concerned, the applicant has proposed acoustic attenuation measures (i.e. 2.5m high acoustic wall on three sides of the outdoor area) which should ensure that the activities conducted within the outdoor area and the use of plant equipment would not adversely impact on the aural environment of the adjoining residential developments and would comply with all relevant noise regulations. Notwithstanding, the use of the outdoor area (i.e. smoking/drinking) would need to be carefully managed to ensure that it did not lead to adverse effects on the amenity of the locality. To this end, the following additional measures should also be implemented:

 

a)    The use of the outdoor area to be ceased at 12 midnight daily. 

b)    The maximum number of patrons using the outdoor area is to be limited to 60 patrons.

c)    No public entertainment is to be provided in the outdoor area.

d)    The entry/exit doors to the outdoor area shall remain closed at all times other than in case of emergency and provided with acoustically treated seals.

e)    The approval for the use of the outdoor area is limited for a period of 12 months to enable the Council to monitor and assess the impact of the activity on the public health, safety and amenity of the surrounding environment.

f)     Install video surveillance of the outdoor area with monitors placed so the staff can effectively supervise activities on the outdoor area.

g)    Have a member of staff stationed on or near the outdoor area whenever there are more than 10 persons on it to ensure that they do not cause disturbance to amenity of the locality.

h)    The hours of operation of the first floor entertainment areas should be restricted to 12 midnight to limit the number of patrons departing at a later hour thus minimising the likelihood of increased anti-social behaviour.

 

It is considered that these measures will significantly reduce the potential for noise impact and the incidence of large numbers of patrons exiting the premises in the early hours of the morning. Furthermore, the trial period would allow Council to undertake an operational assessment of the use of the outdoor area to ensure the amenity and ‘the quiet & good order of the neighbourhood’ is not compromised.

 

The same sort of measures cannot be implemented to control noise generated by the patrons of the Hotel once they are outside the premises. However, the applicant has submitted a Plan of Management which set out the policies and management practices for the Hotel including the outdoor area which addresses the issues of concern to the neighbouring residents.

 

As mentioned previously, Council has received 6 complaints with respect to the Hotel over the last few years (from 2000 to 2004) relating to noise and disturbance to residents and there are no current customer service requests relating to complaints about the operation of the Hotel. The recent security daily incident records indicate that the Hotel has been operated in accordance with the relevant licence conditions and the provisions of the Plan of Management. 

 

The Plan of Management submitted with the application has addressed issues with respect to management and control of patrons with the hotel establishment including the agreements made at the mediation meeting with the local residents. However, there are references in the Plan of Management to ‘entertainment’ where no current approval exists. As such, the Plan of Management will be required to be amended accordingly.

 

8.2.2    Anti-social behaviour

 

Objections to existing anti-social behaviour arising from patrons exiting from the hotel and concern for additional impacts arising from this application have been submitted to Council. It is however considered that with the stringent conditions limiting the use of the proposed outdoor area together with an effective Plan of Management and the trial period approach for the use of the outdoor area, the potential impact would be minimised. As such it is considered that the proposed works should not intensify the use of the premises and will not contribute further to potential anti-social behaviour.

8.2.3    Devaluation of adjoining properties

 

Property valuation is considered a complex issue because there are numerous factors that potentially can affect the monetary value of a property. These may range from the overall state of the property market and the policy of financial institutions to the physical and locational conditions of a particular property and how these are shaped by personal perceptions and preferences of potential buyers and sellers in the market. As such, it is considered that, strictly speaking, the issue of property valuation is a matter that goes beyond the scope of matters of consideration under Section 79C of the EP&A Act as any claim that the subject proposal would affect the value of adjoining and surrounding properties will be tenuous and a matter of speculation. Notwithstanding this, the assessment of the application indicates that the proposal will be consistent with all statutory and policy controls applicable to the site and with the inclusion of strict conditions relating to the operation of the Hotel, the proposal should have minimal adverse impact on the amenity of adjoining and surrounding properties. As such, it is considered that the proposed development would have positive physical, social and economic impacts on the locality which could well be reflected in future property values in the area.

 

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

 

The subject premises have been used as a hotel for many years and the proposal will enable it continue to meet the changing demands of the local community. Under these circumstances and for the reasons which have been set out in this report, the site is considered to be suitable for a hotel trading with an outdoor area provided it does so in accord with the proposed conditions.

 

8.4       Any Submissions made – S79C(1)(d)

 

As noted above, the application has been notified and advertised for a period of 30 days in accordance with Council’s Development Control Plan – Public Notification. The issues raised by the objectors have been addressed in this report.

 

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

 

In the last decade many hotels have undergone significant transformations in an attempt to remain competitive and meet the changing requirements of their patrons.  Hotels that have heritage significance face even greater challenges in trying to balance the competing objectives of retaining the aesthetic and historic character of the building while satisfying the contemporary needs of patrons.  Given the historic and social significance of the Coach and Horses hotel to the character of Randwick Junction it is vital that the use of the site as a hotel continue and an appropriate intensification of the Hotel will assist its on going viability whilst not adversely impacting on residential amenity.

 

8.6       Land and Environment Court Decision

 

As noted previously, the applicant lodged an appeal with the Land and Environment Court (Vinson v Randwick City Council) in relation to the refusal of Development Application No. 715/2003 for the use of public bar for a place of public entertainment from 6pm to midnight on Thursday to Sunday. The appeal was dismissed by the Court and the following issues were raised:

 

a)   Noise from within the premises.

b)   Parking.

c)   Departing patrons and residential amenity.

 

Commissioner Moore concluded that Issues a) and b) would not be sufficient to warrant refusal as these issues can be dealt with by way of conditions or the imposition of a trial period. However, the Commissioner was not able to determine the effectiveness of the security patrolling regime required by the conditions imposed by the Licensing Court because the required security personnel numbers and the operational regime for those security personnel have not been implemented by the applicant.

 

The above issues are considered to be relevant and similar approach has been adopted in the assessment of the subject application in that strict conditions including a trial period for the use of the outdoor area have been recommended in this report to minimise the potential impacts on the amenity of the adjoining and nearby residents. Furthermore, the existing security personnel numbers and the current operational regime of the Hotel appear to be in accordance with the licence conditions and the Plan of Management submitted with the application.

 

9.    CONCLUSION

 

The proposal is permissible with consent of Council in the zone in which the subject site is located.

 

This report demonstrates that the proposal with the inclusions of appropriate conditions, acoustic attenuation measures and management practices, should not have an adverse impact on the amenity of the locality.

 

Under these circumstances, the proposed is considered to be acceptable with regard to relevant town planning and environmental issues. It is therefore recommended that Council grant its consent to the DA as proposed subject to conditions.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 529/2005 for the Alterations, additions and internal fitout of the existing hotel, including refurbishment of part of the ground floor of the hotel, and the conversion of the existing accommodation on the first floor to a number of entertainment rooms with an associated bar area, a new outdoor area and minor works to the second floor and stairs. at 147 Avoca Street, Randwick, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with plans numbered DWG.N0-WD05 to DWG.N0-WD07, DWG.N0-WD09 & DWG.N0-WD10, Issue D, dated 31 January 2005 and received by Council on 29 June 2005 and amended plan numbered DWG.N0-WD13, Issue A, dated 24 October 2005 and received by Council on 4 November 2005, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       Both sets of existing French doors at the southern end of the large games area at first floor level are to be retained in situ.  The south facing doors are to be retained to provide access to the proposed outdoor area, while the east facing doors are to be retained but blocked to prevent access.

 

3.       An archival recording of surviving early fabric which is to be removed or altered shall be prepared and submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Such archival recording should focus on south elevation at first floor level and ground floor level walls below, as well as any other early fabric, such as walls, exposed during the carrying out of the works.  This recording shall be in accordance with the Guidelines for the preparation of archival recordings set out by the NSW Heritage Office.  Three copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.

 

4.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building. 

 

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 City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

5.       In the unlikely event that historical archaeological remains or deposits are exposed during the works, all work should cease while an evaluation of their potent extent and significance is undertaken and the NSW Heritage Office notified under the requirements of the Heritage Act.

 

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

 

6.       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 car parking in lieu of 7 car parking spaces being

          provided on site  (7 x $11,833)                                                  $82,831.00

b)       Administration fee                                                                       $     425.00

 

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

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

 

7.       Video surveillance devices must be installed in the outdoor area with monitors placed within the Hotel to ensure the staff can effectively supervise activities on the outdoor area.

8.       A member of staff must be stationed on or near the outdoor area whenever there are more than 10 persons on it to ensure that they do not cause disturbance to amenity of the locality.

9.       The hours of operation of the new first floor bar and pool/snooker table areas shall be restricted to 12 midnight Monday to Sunday, to minimise the incidence of large numbers of patrons existing the premises in the early hours of the morning.

10.     Public entertainment must not to be provided within the hotel premises.

11.     The approval for the use of the outdoor area is limited for a period of 12 months only from the date of the issue of any occupation certificate to enable the Council to monitor and assess the impact of the activity on the public health, safety and amenity of the surrounding environment.

 

12.     All seating and tables provided to the outdoor are shall comply with the provisions of the Building Code of Australia.

13.     A maximum number of 60 patrons is permitted on the outdoor area at any one time.

14.     The entry/exit doors to the outdoor area shall remain closed at all times other than in cases of emergency.

15.     The entry/exit doors to the outdoor area shall be provided with acoustically treated seals, designed and installed by a suitably qualified person.

16.     The entry/exit doors shall be fitted with self-closing devices.

17.     The outdoor area shall not be used before 10.00 am or after 12.00 midnight Monday to Sunday.

 

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

 

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

 

20.     An amended plan of management shall be submitted to and approved by Council prior to issuing of any occupation certificate, which excludes reference to any entertainment on the premises and details the measures to be implemented to:

 

·        ensure compliance with the relevant conditions of approval,

·        minimise the potential impact of the operation of the premises upon nearby residents,

·        effectively minimise and manage anti-social behaviour,

·        minimise noise emissions and associated nuisances,

·        effectively manage and respond to resident complaints,

·        ensure responsible service of alcohol and harm minimisation.

 

21.     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.

 

22.     The use and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance.

 

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

 

24.     Recommended acoustic attenuation measures and design acoustic criteria detailed in reports titled “Provision of Mechanical Plant Upgrading Coach & Horses “ dated 4th October 2005 and acoustic report titled “Acoustic Assessment – proposed Refurbishment Coach & Horses” dated 26th August 2005 shall be fully complied with.

 

25.     A compliance report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council:

 

i.          prior to an occupation certificate being issued,

ii.          1 months after occupation of the premises;

 

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 Industrial Noise Policy Noise Control Manual (sleep disturbance) recommended design noise goals detailed in acoustic report by the Acoustic Group dated 4th October 2005  and 26th August 2005 and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

26.     The compliance reports are also to include details of compliance with relevant conditions of this report and the measures implemented to ensure and monitor compliance with the noise criteria. Such measures may include the installation of a noise limiting device or other suitable measures to monitor compliance with the conditions of development consent.

27.     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.

 

28.     Licensed Security guards must be provided in accordance with liquor licensing requirements. The security guards shall be identified as such by uniform (or the like), to take all reasonable steps to prevent noisy and unruly behaviour of patrons attending or departing the premises.  The security guards are to patrol the locality until half an hour after close or until the last patron leaves the vicinity of the hotel, which ever is the later.  The number of security guards/personnel must be in accordance with the number specified in the Liquor Licensee.

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

 

29.     The premises are to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004 and Food Standards Code.

 

30.     The premises is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004 and Food Standards Code and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

31.     Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

·          Food handling – skills, knowledge and controls.

·          Health and hygiene requirements.

·          Requirements for food handlers and businesses.

·          Cleaning, sanitising and maintenance.

·          Design and construction of food premises, fixtures, fitting and equipment.

 

32.     A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

33.     Upon completion of the work and prior to the issuing of an occupation certificate, the premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

 

34.     The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

35.     The design and construction of food premises must comply with the following requirements, as applicable:-

 

·      The floors of food preparation areas including bars and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

 

·      The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

·      Walls of the food preparation areas including bars and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

 

·      The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops or other facilities and equipment.

 

·      Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

·      The ceilings of  food preparation areas including bars, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

 

·      All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc…. to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

·      Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

·      Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings. 

 

·      Any Garbage storage enclosures provided are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

 

·      Wash hand basins must be provided in convenient positions in each bar , with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

 

·      Ceramic tiles being provided to a height of 450mm above bench tops, wash hand basins and similar fittings.

 

·      A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and any bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

 

·      Any food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

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

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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”.

 

42.     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.

 

43.     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.

 

          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

 

44.     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 0.35% of the cost of the works.

 

          The following conditions have been applied to protect the occupants and fire fighters in the event of a fire:-

 

45.     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.

 

46.     The existing levels of fire safety within the premises are to be upgraded to achieve an adequate level of fire safety in accordance with the provisions of clause 94 of the Environmental Planning & Assessment Regulation 2000 and a report prepared by a suitably qualified person or accredited certifier is to be submitted to and approved by Council’s Manager, Environmental Health & Building Services, prior to the issuing of a construction certificate, in accordance with section 80A(2) of the Environmental Planning & Assessment Act 1979.

 

The fire safety report must detail the measures considered appropriate to satisfy the relevant deemed-to-satisfy or performance requirements of the Building Code of Australia, to protect persons using the building, and to facilitate their egress from the building in the event of fire and to restrict the spread of fire.

 

The fire safety upgrading works are to be included in the construction certificate and be implemented prior to occupation of the new building or part and written confirmation is to be provided to Council accordingly.

 

The fire safety report is specifically required to address the following provisions of the Building Code of Australia, as applicable:

 

a)       EP1.1                           -                        hose reel systems

b)       EP1.2                           -                        fire extinguishers

c)       EP1.3                           -                        fire hydrant systems

d)       EP1.4                           -                        automatic fire suppression systems

e)       EP1.6                           -                        fire brigade intervention

f)        EP2.1 & EP2.2             -                        smoke hazard management

g)       EP4.1 & EP 4.2            -                        emergency lighting and exit signs

h)       BP1.1                           -                        structural provisions

i)        CP1                              -                        structural stability during a fire

j)        CP2                              -                        elements to avoid the spread of fire

k)       DP1 to DP6                  -                        access and egress

l)        DP7 to DP9                  -                        access for people with disabilities

m)      Part H1 of the BCA      -                        theatres, stages and public halls

 

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

 

47.     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:

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

55.     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.

 

56.     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.

 

57.     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.

 

58.     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.

 

59.     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.

 

60.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

62.     A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·        any works or hoisting of materials over a public footway or adjoining premises, or

·        any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

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

 

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

 

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

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

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

 

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

 

64.     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.

 

Civil Works Conditions

 

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

 

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

 

a)     Carry out footpath re-construction works along the full street frontage on Avoca Street and Alison Road in accordance with Council’s Urban Design Guidelines for Randwick.

 

b)     Reconstruct a section of the existing footpath in Alison Road in Regupol rubber paving (or similar), opposite the keg delivery entrance to the site.

 

Note: This has been conditioned to prevent continual damage occurring to council’s footpath due to the regular delivery of kegs to the premises.

 

66.     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.

 

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

 

Alignment Level Conditions

 

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

 

68.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage, in both Avoca Street and Alison Road.

 

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

 

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

 

69.     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.

 

70.     The above alignment levels and the site inspection by Council’s Development Engineer 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.

 

Service Authority Conditions

 

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

 

71.     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.

 

72.     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.

 

Landscape Conditions

 

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

 

73.     The applicant shall submit a landscape design for the Avoca Street and Alison Road street frontages of the development in accordance with Council’s Urban Design Guidelines for Randwick. The landscape design shall include pavements, seat installations, bins etc as required by Council’s Landscape Architect – 9399 0786.

 

The Landscape Design plans shall be submitted to and approved by Council in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the certifying authority issuing a construction certificate for the development.

 

All street furniture is required to be purchased through Council. Due to supply constraints, the applicant is required to place an order and pay for the required furniture three months prior to the estimated date for the completion of street frontage works.

 

The applicant shall note that the approved landscape works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property. An application for the cost of the landscape works on Council property is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design checking and supervision fee based on the lowest quotation from Council’s nominated contractor will be required to be paid prior to the commencement of any works.

 

A refundable deposit in the form of cash or cheque of $4000 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the construction of the approved works along the Avoca Street and Alison Road site frontages.

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1                      -       Structural provisions

b)       Part C1                      -       Fire resistance and stability

c)       Part C2                      -       Compartmentation and separation

d)       Part E1                       -       Fire fighting equipment

e)       Part E2                       -       Smoke Hazard Management

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

 

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.

 

ATTACHMENT/S:

 

A4 Configuration Plans

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

20 January, 2006

FILE NO:

DA/1037/2005

 

PROPOSAL:

 Alterations and additions to the existing Coogee Surf Life Saving Club

PROPERTY:

 135-143R Beach Street, Coogee

WARD:

 East Ward

APPLICANT:

 Artas Architects And Planners

OWNER:

 Department of Lands

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the land is under the care, control and management of Randwick City Council. The estimated cost of proposed development is valued at $300,000.

 

The subject site is located on the southern side of Coogee Beach within Grant Reserve and the building is used as the headquarters for the Coogee Surf Life Saving Club and associated social functions.

 

The proposal has been notified and advertised in accordance with the Development Control Plan for Public Notification. Four objections were received raising concerns about the potential for increased noise and parking demand as the result of the proposed additional bar facilities on the ground floor of the building and the extension of the existing balcony on the eastern side of the building.

 

The site is zoned 6A Open Space under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.

 

The proposed alterations and additions to the existing building complies with the relevant assessment criteria and will not result in any significant adverse impact upon either the amenity of the adjoining development or the character of the locality.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal involves the following works:

 

§  Demolition of the existing block wall, gate and section of fence adjacent to the existing courtyard and construction of new fence and gate to match the existing structure.

§  An extension to the existing eastern balcony at ground floor level.

§  New windows and doors along the eastern and western elevations.

§  Construction of new stairs and stair enclosure over the existing stairs on the western side of the building from the ground floor level to the first floor level.

§  Demolition of internal walls and erection of new walls at ground and first floor levels.

§  Internal refurbishment to the ground and first floors of the building including an optional bar facility with associated plumbing, new WC/Shower, new male and female toilet facilities and new store rooms.

§  Demolition of the existing mezzanine floor and internal stairs and construction of new mezzanine floor and new stairs from the ground floor level.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Coogee Beach within Grant Reserve and the building is used as the headquarters for the Coogee Surf Life Saving Club and associated social functions.

 

4.    COMMUNITY CONSULTATION:

 

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

 

L Herbert, resident at Unit 5, 140 Beach Street, Coogee

 

§ The addition of a second bar on the ground floor will exacerbate the noise problems with party-goers and wedding function attendees exiting the surf club.

§ The proposal will increase the parking problem.

§ An enlarged east side balcony area will add to the noise issue.

 

Edward Parr, resident at Unit 2, 138 Beach Street, Coogee

 

§ The additional bar facilities and balcony extension will increase problems with noise and parking demand.

 

Janice Caulfield, resident at Unit 1, 138 Beach Street, Coogee

 

§ The proposed bar extension will exacerbate the noise and parking problems in the area.

 

Antoinette Starkiewicz, resident of Coogee

 

§ The proposed optional bar facility and an increase in the balcony area will exacerbate the antisocial behaviour and parking problems in the local area.

 

Comments:

 

The above issues have been addressed in Section 7.2 of this report.

 

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       Development Engineer

 

“A development application has been received for alterations and additions to the Coogee Surf Life Saving Club.

 

The proposed works include:

 

§ A new fence and gate adjacent to the existing courtyard

§ An extension to the existing eastern balcony;

§ New windows and doors along the eastern and western elevations; and

§ New stairs and stair enclosure on the western elevation.

 

The new stairs will be constructed adjacent to an existing retaining wall supporting Council’s public footpath.

 

Comments on works adjacent to the existing retaining wall

 

Prior to the issue of a construction certificate, the applicant shall engage a suitably qualified structural (and/or geotechnical) engineer to assess the condition of the retaining wall located adjacent to the southern boundary of the site in the vicinity of the proposed works. The applicant shall meet the full cost to undertake any works identified by the structural engineer as being necessary to ensure the stability of the wall.

 

The applicant’s structural (and/or geotechnical engineer) shall inspect and monitor the condition of the retaining wall throughout all excavation and construction works to ensure that the wall does not suffer any damage. The engineer shall amend construction and/or excavation techniques if required to protect the wall.

 

The applicant’s consulting structural (and/or geotechnical) engineer shall undertake a dilapidation survey of the retaining wall (extending 15 metres either side of the proposed works) prior to commencing work and then on completion of the works. The engineer shall certify on completion that the retaining wall has not deteriorated or experienced any un-repaired damage over the excavation and construction phase of the development. A copy of the dilapidation reports and engineering certification shall be forwarded to Council prior to the issue of an occupation certificate.

 

The applicant shall be responsible for ensuring the stability of the retaining wall located along the southern boundary of the site at all times during the demolition and construction works.

 

The proposed works shall not prohibit access to the retaining wall should wall repairs be required at any stage in the future.

 

The proposed new works adjacent to the retaining wall shall be designed and constructed to be structurally independent of the retaining wall.

 

The applicant shall meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of retaining wall, footpath, roadway, kerb and gutter, naturestrip 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.

 

There shall be no goods stored or construction equipment driven in any areas where the goods/equipment would place additional loads on the retaining walls.

 

Pedestrian access along the site frontage shall be maintained at all times.”

 

5.2       Manager of Environmental Health & Building Services

 

5.2.1    Building Services comments

 

“The Proposal

 

The proposal provides for the construction of alterations and additions at 1st floor level to the existing building located upon the subject site, which is licensed as a place of public entertainment, and construction of a new balcony and deck located on the northern side. It is also proposed to make internal alterations at ground floor level to the men’s and women’s change rooms and to alter the main entrance to facilitate access for disabled persons.

 

BCA Building Classification

 

Class        -           9b        (Assembly building/Place of Public Entertainment)

Class        -           4          (Caretakers flat)

 

Background

 

The existing building is currently used as a surf club and incorporates the use of the 1st floor level as a place of public entertainment area.

 

There is currently a fire safety order, which has been issued on the subject premises to carry out specific works to comply with the Building Code of Australia. This development application incorporates all of the required fire safety upgrading works that is detailed in Councils Order dated 4 August 2004.

 

Key Issues

 

Building Code of Australia (BCA):

 

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

 

Access for people with a disability:

 

Access for people with a disability is required to be provided to the 1st floor, place of public entertainment area and sanitary facilities for people with a disability are also required to be provided to the development. Standard conditions could be included to address these requirements.

 

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

Conclusion:

 

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

 

5.2.2    Environmental Health comments

 

“The proposal

 

The proposal is for alterations and additions to the Coogee Surf Life Saving Club located at 135-143R Beach Street, coogee.

 

Key Issues

 

Noise

 

The proposal will not affect the current operation of the premises as there are no proposed changes to the hours of operation or frequency of functions.

 

There are no current noise complaints relating to the subject premises and as such an acoustic report is not considered necessary with this report.”

 

6.    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 (RLEP)

 

The site is zoned 6A Open Space under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.

 

7.    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.

 

7.1       Randwick Local Environmental Plan 1998 (RLEP)

 

Clause 18 of the RLEP states that the relevant objectives of Zone 6A include development that promotes, or is related to, the use and enjoyment of open space. It is considered that the proposed works are consistent with the relevant objectives of the 6A zone.

 

Clause 38 of the RLEP relates to development in open space zone and requires that Council give consideration to the need for the proposed development on that land, whether the proposed development promotes or is related to the use and enjoyment of the open space, the impact of the proposed development on the existing or likely future use and character of the land, and the need to retain the land for its existing or likely future use.

 

It is not considered that there will be any significant adverse impact upon the amenity of the locality in that the proposed works are of minor nature and will not alter the overall bulk and scale of the existing building and will not intensify the use of the Club. There is a small increase in the proposed building area which is due to the enclosing of an external stairs and the new mezzanine floor. These works are intended to improve the amenity of the existing premises. The operation and management of the Club will remain unchanged.

 

The proposal will improve the amenity and facilities of the Club for the members and guests and promotes the use and enjoyment of the open space. The proposal is therefore considered to be consistent with the relevant provisions of Clause 38 of the RLEP.

 

7.2       Issues Raised By The Objectors

 

a)  Ground Floor Bar Facility

 

The additional bar facility on the ground floor will not be built as a permanent bar and the associated plumbing is proposed for future mobile cooler/refrigerator/drink vending machine and would be used for club activities. The applicant has confirmed that any function which requires bar facilities would be held in the first floor function area. The area on the ground floor is for club uses such as educational and fitness training and club meetings. It is therefore considered that the additional bar facility should not result in any significant adverse impact on the amenity of nearby residents. In addition, it is considered appropriate to impose a condition to ensure the additional bar facility is not used in conjunction with any functions.

 

b)  Car Parking